reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 6. Public Water Supplies, Distribution, and Treatment › Part 1. Public Water Supply › 75-6-116. State regulations no more stringent than federal regulations or guidelines

75-6-116. State regulations no more stringent than federal regulations or guidelines.
(1) After April 14, 1995, except as provided in subsections (2) through (5) or unless required by state law, the department may not adopt a rule to implement this chapter that is more stringent than the comparable federal regulations or guidelines that address the same circumstances. The department may incorporate by reference comparable federal regulations or guidelines.
(2) The department may adopt a rule to implement this chapter that is more stringent than comparable federal regulations or guidelines only if the department makes a written finding after a public hearing and public comment and based on evidence in the record that:
(a) the proposed state standard or requirement protects public health or the environment of the state; and
(b) the state standard or requirement to be imposed can mitigate harm to the public health or environment and is achievable under current technology.
(3) The written finding must reference information and peer-reviewed scientific studies contained in the record that forms the basis for the department's conclusion. The written finding must also include information from the hearing record regarding the costs to the regulated community that are directly attributable to the proposed state standard or requirement.
(4) (a) A person affected by a rule of the board adopted after January 1, 1990, and before April 14, 1995, that that person believes to be more stringent than comparable federal regulations or guidelines may petition the department to review the rule. If the department determines that the rule is more stringent than comparable federal regulations or guidelines, the department shall comply with this section by either revising the rule to conform to the federal regulations or guidelines or by making the written finding, as provided under subsection (2), within a reasonable period of time, not to exceed 12 months after receiving the petition. A petition under this section does not relieve the petitioner of the duty to comply with the challenged rule. The department may charge a petition filing fee in an amount not to exceed $250.
(b) A person may also petition the department for a rule review under subsection (4)(a) if the board or the department adopts a rule after January 1, 1990, in an area in which no federal regulations or guidelines existed and the federal government subsequently establishes comparable regulations or guidelines that are less stringent than the previously adopted rule.
(5) This section does not apply to a rule adopted under the emergency rulemaking provisions of 2-4-303(1).
History: En. Sec. 1, Ch. 471, L. 1995; amd. Sec. 61, Ch. 324, L. 2021.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 6. Public Water Supplies, Distribution, and Treatment › Part 1. Public Water Supply › 75-6-120. Wellhead and source water protection programs -- voluntary petitions

75-6-120. Wellhead and source water protection programs -- voluntary petitions.
(1) The federal Safe Drinking Water Act, including 42 U.S.C. 300h-7 and 300j-13, enables the department to administer wellhead protection and source water assessment programs that involve delineation of the boundaries of the assessment areas from which a public water system receives supplies of drinking water, certification of local source water protection areas, assessment of source water susceptibility to regulated contaminants, and review of source water protection area ordinances. In administering these programs, the department may perform only those functions provided for by the federal Safe Drinking Water Act and this section.
(2) A supplier of a public water supply system may voluntarily submit for department review and approval a petition to establish a source water protection program for the system.
(3) The department may certify a source water protection area upon:
(a) receipt of a petition by a supplier for a public water supply system; and
(b) making a determination that the source water protection area meets criteria and thresholds for certification established by the Montana source water protection program.
(4) (a) The governing body of the county in which a source water protection area or areas exist may adopt an ordinance to regulate, control, and prohibit conditions that threaten the quality of water used within the source water protection area or areas.
(b) Prior to adopting a source water protection area ordinance, the governing body shall confer with the supplier of the public water supply system and shall then submit the ordinance to the department for review and verification that the ordinance is consistent with the requirements of this chapter.
(c) A source water protection area ordinance must be adopted using the procedures described in 7-5-103 through 7-5-107.
(5) (a) An ordinance adopted under subsection (4) is limited in applicability to the certified source water protection area or areas within the county.
(b) For a source water protection area that is located in two or more counties, the proposed source water protection area ordinance must be adopted by each county in order for the ordinance to be effective.
(6) A source water protection area ordinance adopted under this section may not conflict with and may not duplicate any other federal, state, or local law or regulation, including but not limited to zoning, fire codes, hazardous waste regulation under Title 75, chapter 10, part 4, or pesticide regulation under Title 80, chapter 8.
History: En. Sec. 6, Ch. 488, L. 1995; amd. Sec. 6, Ch. 423, L. 2007.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 6. Public Water Supplies, Distribution, and Treatment › Part 1. Public Water Supply › 75-6-121. Delegation of review of small public water and sewer construction

75-6-121. Delegation of review of small public water and sewer construction.
(1) If a local government requests a delegation and the appropriate division of the local government has established satisfactory review programs, the department shall delegate to the division of local government the review of:
(a) small public water and sewer systems; and
(b) extensions or alterations of existing public water and sewer systems.
(2) The department shall adopt rules regarding the delegation of review authority to divisions of local government.
(3) A division of local government conducting a review under this section:
(a) must receive 90% of the review fee, and the department must receive the remaining 10% of the review fee; and
(b) shall complete documents necessary to complete the review and to comply with:
(i) the Montana Environmental Policy Act provided for in Title 75, chapter 1, parts 1 through 3;
(ii) real property takings requirements in accordance with Title 70; and
(iii) determinations of nondegredation and nonsignificance as required in Title 75, chapter 5.
History: En. Sec. 1, Ch. 312, L. 1989; amd. Sec. 62, Ch. 324, L. 2021; amd. Sec. 1, Ch. 611, L. 2023.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 6. Public Water Supplies, Distribution, and Treatment › Part 1. Public Water Supply › 75-6-126. Ownership of public water supply system or public sewage system -- change in status

75-6-126. Ownership of public water supply system or public sewage system -- change in status.
(1) A person may not own a public water supply system or a public sewage system unless that person is:
(a) an individual;
(b) a limited partnership;
(c) a limited liability company;
(d) a corporation, whether organized for profit or not;
(e) a city, town, local government entity, or other political subdivision of the state; or
(f) a federal agency.
(2) The owner of a public water supply system or a public sewage system shall, within 90 days after being requested to do so by the department or within 90 days after a transfer in ownership:
(a) submit information on a form provided by the department that details the ownership status of the public water supply system or public sewage system; and
(b) provide other necessary information for the department's records.
History: En. Sec. 3, Ch. 315, L. 2001.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 6. Public Water Supplies, Distribution, and Treatment › Part 1. Public Water Supply › 75-6-131. Rules for regional public water supply systems

75-6-131. Rules for regional public water supply systems.
The department shall adopt rules for approval of regional public water supply systems established by a regional water authority pursuant to Title 75, chapter 6, part 3. The rules must:
(1) include procedures for the construction of regional public water supply systems, including regulatory provisions for a series of project segments over the construction period of the project as contained in the final engineering report, as may be amended and approved by the United States bureau of reclamation, that addresses the:
(a) approval of design and construction standards that may not be subject to change for 72 months;
(b) issuance of deviations from design and construction standards to remain in effect for 72 months; and
(c) approval of an individual regional water supply system's standard construction contract documents and provisions for amendments to those documents to remain in effect for the construction period of the project;
(2) implement plan and specification review periods or deviation request approval periods for storage, pumping, and distribution portions of a regional public water supply system of not more than 40 calendar days for the initial review by the department and not more than 20 working days for any subsequent reviews;
(3) avoid duplicate processes and regulations by coordinating and incorporating the review and approval process applicable to a regional public water supply system by the United States bureau of reclamation.
History: En. Sec. 1, Ch. 449, L. 2009; amd. Sec. 63, Ch. 324, L. 2021.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 6. Public Water Supplies, Distribution, and Treatment › Part 2. Drinking Water State Revolving Fund Act › 75-6-201. Short title

75-6-201. Short title.
This part may be cited as the "Drinking Water State Revolving Fund Act".
History: En. Sec. 1, Ch. 553, L. 1995; amd. Sec. 13, Ch. 538, L. 1997.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 6. Public Water Supplies, Distribution, and Treatment › Part 2. Drinking Water State Revolving Fund Act › 75-6-203. Drinking water state revolving fund program

75-6-203. Drinking water state revolving fund program.
There is a program under which the state may provide financial assistance to community water systems and nonprofit noncommunity water systems. The program must be administered in accordance with this part and the federal act.
History: En. Sec. 3, Ch. 553, L. 1995; amd. Sec. 15, Ch. 538, L. 1997.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 6. Public Water Supplies, Distribution, and Treatment › Part 2. Drinking Water State Revolving Fund Act › 75-6-204. Authorization of agreement -- content

75-6-204. Authorization of agreement -- content.
(1) The department may enter into a capitalization grant agreement or other agreement with the environmental protection agency to implement the program and may accept from that agency other grants and loans to carry out the program.
(2) In entering into an agreement, the director of the department may commit the state to:
(a) accept grant payments from the environmental protection agency in accordance with the schedule established by the administrator of that agency and deposit the payments in the revolving fund established in 75-6-211;
(b) deposit in the revolving fund from state money an amount equal to at least 20% of the total amount of all capitalization grants made to the state as provided by 75-6-211 on or before the date on which each federal grant payment is made to the state;
(c) deposit in the nonproject account for department programs authorized under section 300j-12(g)(2) of the federal act (42 U.S.C. 300j-12(g)(2)) a state match equal dollar-for-dollar to the capitalization grant deposited in the account;
(d) provide financial and technical assistance to a public water system in accordance with this part in an amount equal to 120% of the amount of each grant payment within a period not to exceed 1 year after receipt of a grant;
(e) expend all funds in the revolving fund in an expeditious and timely manner;
(f) use all funds deposited in the revolving fund as a result of the capitalization grant to ensure progress, as determined by the governor, toward compliance with enforceable deadlines, goals, and requirements of the federal act;
(g) expend each grant payment in accordance with the laws and procedures applicable to commitment or expenditure of revenue of the state;
(h) use accounting, audit, and fiscal procedures conforming to generally accepted government accounting standards;
(i) make biennial reports and provide annual audits to the environmental protection agency concerning the use of the revolving fund as required by the federal act; and
(j) any other covenants, commitments, and obligations necessary to ensure that the state's administration of the program is consistent with the provisions of this part and the federal act.
(3) As a condition of making a loan or providing other financial assistance from the revolving fund, the department shall require that the public water system maintain project accounts in accordance with generally accepted government accounting standards.
History: En. Sec. 4, Ch. 553, L. 1995; amd. Sec. 16, Ch. 538, L. 1997.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 6. Public Water Supplies, Distribution, and Treatment › Part 2. Drinking Water State Revolving Fund Act › 75-6-205. Rulemaking authority

75-6-205. Rulemaking authority.
The department and the department of natural resources and conservation may adopt rules within their respective authorities established within the provisions of this part, including rules:
(1) prescribing the form and content of applications for loans and technical assistance;
(2) governing the application of the criteria for awarding loans and technical assistance;
(3) establishing additional terms and conditions for the making of loans and the security instruments and other necessary agreements;
(4) establishing ceilings on the amount of individual loans to be made if considered appropriate and necessary for the successful administration of the program;
(5) establishing affordability criteria to be used in awarding subsidies to disadvantaged communities;
(6) regarding other matters that may be required to ensure compliance of the program with the provisions of the federal act and rules promulgated under the federal act, unless these matters are specifically governed by this part; and
(7) to maintain the financial integrity of the program.
History: En. Sec. 5, Ch. 553, L. 1995; amd. Sec. 268, Ch. 42, L. 1997; amd. Sec. 17, Ch. 538, L. 1997.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 6. Public Water Supplies, Distribution, and Treatment › Part 2. Drinking Water State Revolving Fund Act › 75-6-213. Repealed

75-6-213. Repealed.
Sec. 27, Ch. 538, L. 1997.
History: En. Sec. 8, Ch. 553, L. 1995.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 6. Public Water Supplies, Distribution, and Treatment › Part 2. Drinking Water State Revolving Fund Act › 75-6-214. Use of funds -- statutory appropriation

75-6-214. Use of funds -- statutory appropriation.
Money in the revolving fund is statutorily appropriated, as provided in 17-7-502, for the purposes of providing financial assistance to public water systems.
History: En. Sec. 9, Ch. 553, L. 1995; amd. Sec. 54, Ch. 422, L. 1997.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 6. Public Water Supplies, Distribution, and Treatment › Part 2. Drinking Water State Revolving Fund Act › 75-6-215. Repealed

75-6-215. Repealed.
Sec. 27, Ch. 538, L. 1997.
History: En. Sec. 10, Ch. 553, L. 1995.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 6. Public Water Supplies, Distribution, and Treatment › Part 2. Drinking Water State Revolving Fund Act › 75-6-222. Evaluation of projects and loan applications

75-6-222. Evaluation of projects and loan applications.
The department and the department of natural resources and conservation shall evaluate projects and loan applications. In evaluating projects and applications, the following factors must be considered:
(1) the technical design of the project to ensure compliance with all applicable statutes, rules, and design standards;
(2) the financial capacity of the applicant;
(3) the financial, managerial, and technical ability of the applicant to properly operate and maintain the project;
(4) the total financing of the project to ensure completion;
(5) the viability of the public water system;
(6) the ability of the public water system to pay the costs of the project without the requested financial assistance;
(7) the total amount of loan funds available for financial assistance in the revolving fund;
(8) the total amount requested by other applications that have been received or that are likely to be received;
(9) the ranking of the project on the priority list in the intended use plan; and
(10) any other criteria that the department determines to be appropriate, considering the purposes of the program and the federal act.
History: En. Sec. 12, Ch. 553, L. 1995; amd. Sec. 24, Ch. 538, L. 1997.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 6. Public Water Supplies, Distribution, and Treatment › Part 2. Drinking Water State Revolving Fund Act › 75-6-223. Applications for loans

75-6-223. Applications for loans.
(1) The department shall, after consultation with the department of natural resources and conservation, establish loan application procedures, including forms for the applications. Each application for a loan must include:
(a) a reasonably detailed description of the project;
(b) a reasonably detailed estimate of the cost of the project;
(c) a timetable for the construction of the project and for payment of the cost of the project;
(d) identification of the source or sources of funds to be used in addition to the proceeds of the loan to pay the cost of the project;
(e) the source or sources of revenue proposed to be used to repay the loan;
(f) a current financial statement of the system showing assets, liabilities, revenue, and expenses;
(g) a statement as to whether, at the time of application, there are any outstanding loans, notes, bonds, or other obligations payable from the revenue of the public water system and, if so, a description of the loans, notes, bonds, or other obligations;
(h) if the applicant is a private person, a statement as to whether, at the time of the application, there are any outstanding loans, notes, or other obligations of the private person and, if so, a description of the loans, notes, or other obligations; and
(i) any other information that the department or the department of natural resources and conservation may require to determine the feasibility of a project and the applicant's ability to repay the loan, including but not limited to:
(i) engineering reports;
(ii) economic feasibility studies; and
(iii) legal opinions.
(2) Each application for a loan subsidy must include:
(a) a reasonably detailed description of the project;
(b) a reasonably detailed estimate of the cost of the project;
(c) a timetable for the construction of the project and for payment of the cost of the project;
(d) identification of the source or sources of funds to be used in addition to the proceeds of the loan to pay the cost of the project;
(e) a statement as to whether, at the time of application, there are any outstanding loans, notes, bonds, or other obligations payable from the revenue of the public water system and, if so, a description of the loans, notes, bonds, or other obligations;
(f) an explanation, including supporting information, as to why a loan subsidy is requested;
(g) evidence that the applicant qualifies as a disadvantaged community; and
(h) any other information that the department or the department of natural resources and conservation may require.
History: En. Sec. 13, Ch. 553, L. 1995; amd. Sec. 25, Ch. 538, L. 1997.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 6. Public Water Supplies, Distribution, and Treatment › Part 2. Drinking Water State Revolving Fund Act › 75-6-226. Loan subsidy for disadvantaged communities

75-6-226. Loan subsidy for disadvantaged communities.
(1) Notwithstanding any other provision in this part, if the program makes a loan pursuant to 75-6-221(1) to a disadvantaged community or to a community that the department expects to become a disadvantaged community as a result of a proposed project, the department may provide additional subsidization in the form of a reduced interest rate, the forgiveness of principal, or a combination of both.
(2) The total annual amount of loan subsidies made by the department pursuant to subsection (1) may not exceed 30% of the capitalization grant received by the department for each fiscal year.
History: En. Sec. 20, Ch. 538, L. 1997; amd. Sec. 3, Ch. 323, L. 2005; amd. Sec. 39, Ch. 489, L. 2009.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 6. Public Water Supplies, Distribution, and Treatment › Part 2. Drinking Water State Revolving Fund Act › 75-6-227. Creation of debt

75-6-227. Creation of debt.
The legislature, through enactment of this section, authorizes the creation of state debt in an amount not to exceed $50 million in principal amount of general obligation bonds outstanding from time to time for the purpose of:
(1) funding the drinking water program; and
(2) funding portions of loans on an interim basis pending receipt of:
(a) grant payments from the environmental protection agency for which federal legislation appropriating the proceeds of the grants has been enacted; or
(b) other revenue for the program.
History: En. Sec. 16, Ch. 553, L. 1995; amd. Sec. 4, Ch. 421, L. 1999; amd. Sec. 2, Ch. 18, L. 2003; amd. Sec. 4, Ch. 323, L. 2005; amd. Sec. 3, Ch. 29, L. 2021.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 6. Public Water Supplies, Distribution, and Treatment › Part 2. Drinking Water State Revolving Fund Act › 75-6-231. Intended use plan -- advisory committee

75-6-231. Intended use plan -- advisory committee.
(1) The department shall prepare an annual intended use plan for the state that meets the requirements of section 300j-12(b) of the federal act, 42 U.S.C. 300j-12(b).
(2) The intended use plan must include:
(a) a list of projects in the state that are eligible for assistance, including both the priority assigned to each project based on public health needs and on the financial needs of the project and, to the extent known, the expected funding schedule for each project; and
(b) a description of the funds to be allocated to activities under 75-6-212 and 75-6-221(2) and funds to be transferred to or received by the water pollution control state revolving fund, as allowed in 75-6-211(5), for the annual fiscal period following publication of the intended use plan.
(3) Before finalizing an intended use plan, the department shall prepare a draft document containing the information required in subsection (2) and shall provide public notice and opportunity to comment on the draft document.
(4) (a) Following the public comment period provided for in subsection (3) and any department modifications to the intended use plan resulting from the public comment, a summary of the public comment and the intended use plan must be presented for review, comment, and recommendations to an advisory committee formed by the department and consisting of six individuals from the following entities appointed by their respective presiding officers, directors, or executive officials:
(i) one member from the Montana league of cities and towns;
(ii) one member from the Montana association of counties;
(iii) one member from the department of natural resources and conservation;
(iv) one member from the department of environmental quality; and
(v) two members from the legislature. One member must be from the house of representatives and one from the senate, and subject to 5-5-234, one must be from the majority party and one must be from the minority party.
(b) The advisory committee is attached to the department for administrative purposes only.
(5) The department shall address in writing any comments and recommendations provided by the advisory committee provided for in subsection (4) before finalizing an intended use plan and prior to awarding any contracts under 75-6-212(1)(g).
History: En. Sec. 21, Ch. 538, L. 1997; amd. Sec. 1, Ch. 90, L. 2003; amd. Sec. 19, Ch. 4, Sp. L. May 2007.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 6. Public Water Supplies, Distribution, and Treatment › Part 2. Drinking Water State Revolving Fund Act › 75-6-232. Insurance and guarantee program

75-6-232. Insurance and guarantee program.
(1) The revolving fund may be used to purchase insurance for or guarantee the timely payment of principal and interest on a debt obligation issued by a municipality if the department of natural resources and conservation determines that the guarantee or insurance would improve the credit market access of the municipality or reduce the interest rate on the municipal obligation.
(2) The department of natural resources and conservation shall adopt rules setting forth the conditions under which the program will guarantee or insure municipal obligations, including the amount of fees to be charged for the guarantee or the purchase of insurance and the amount of reserves, if any, to be established in the fund to cover any guarantee. The program may not be used to guarantee a municipal obligation for a project or municipality not meeting the requirements of 75-6-224, except to the extent that they are inconsistent with the guarantee.
History: En. Sec. 22, Ch. 538, L. 1997.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 6. Public Water Supplies, Distribution, and Treatment › Part 2. Drinking Water State Revolving Fund Act › 75-6-236. Projects funded by federal government appropriations

75-6-236. Projects funded by federal government appropriations.
For projects that are funded in part by appropriations from the federal government over a term of years, that have been approved by the department and the department of natural resources and conservation under 75-6-222, and that are considered to be in compliance with 75-6-224, the department of natural resources and conservation may advance money to a public water system in anticipation of the receipt of federal funds by the public water system on the following conditions:
(1) congress has authorized the project and has committed to fund the project at a specified dollar amount over a period of years;
(2) other funding agencies will not authorize construction of the project to begin until there is evidence that construction money will be available to the public water system to pay all of the construction costs;
(3) the department and the department of natural resources and conservation determine that it is in the best interest of the state and the state's objectives under the program that the project begin construction prior to the receipt of all federal appropriations; and
(4) the advance of the money will be in the form of a note that is issued pursuant to 7-7-109 in anticipation of a federal grant for which the public water system promises to pay and pledges to the department of natural resources and conservation the proceeds of the grant when received.
History: En. Sec. 2, Ch. 9, L. 2001.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 6. Public Water Supplies, Distribution, and Treatment › Part 3. Regional Water and Wastewater Authority Act › 75-6-301. Short title

75-6-301. Short title.
This part may be cited as the "Regional Water and Wastewater Authority Act".
History: En. Sec. 1, Ch. 498, L. 1999.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 6. Public Water Supplies, Distribution, and Treatment › Part 3. Regional Water and Wastewater Authority Act › 75-6-302. Purpose

75-6-302. Purpose.
(1) It is the purpose of this part to permit certain public agencies to make the most efficient use of their powers relating to public water supplies and the transportation and treatment of wastewater by enabling them to cooperate with other public agencies on a basis of mutual advantage and to provide services and facilities to participating public agencies. It is also the purpose of this part to provide for the establishment of a public body, corporate and politic, that is known as a regional water authority or, when appropriate, a regional wastewater authority or regional water and wastewater authority. The function of the regional water authority is to secure a source of water on a scale larger than is feasible for individual public agencies acting alone and to sell the water to public service districts, municipalities, publicly and privately owned water utilities, and others. The function of the regional wastewater authority is to enable public agencies to join together to provide the most economical method of transportation and treatment of wastewater and to provide the transportation and treatment services to public service districts, municipalities, publicly and privately owned wastewater utilities, and others. The function of the regional water and wastewater authority is to enable public agencies to join together to carry out the joint functions of both a regional water authority and a regional wastewater authority.
(2) In addition to the purposes for which it may have originally been created, any authority created pursuant to this part may enter into agreements with public agencies, privately owned utilities, and other authorities for the provision of related services, including but not limited to the following:
(a) administration;
(b) operation and maintenance; and
(c) billing and collection.
History: En. Sec. 2, Ch. 498, L. 1999.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 6. Public Water Supplies, Distribution, and Treatment › Part 3. Regional Water and Wastewater Authority Act › 75-6-303. Liberal construction

75-6-303. Liberal construction.
The provisions of this part are necessary for the public health, safety, and welfare and must be liberally construed to effectuate the purposes of this part.
History: En. Sec. 20, Ch. 498, L. 1999.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 6. Public Water Supplies, Distribution, and Treatment › Part 3. Regional Water and Wastewater Authority Act › 75-6-304. Definitions

75-6-304. Definitions.
For the purposes of this part, the following definitions apply:
(1) "Authority" means any regional water authority, regional wastewater authority, or regional water and wastewater authority organized pursuant to the provisions of this part.
(2) "District customer" means a county water and/or sewer district that is afforded the use or the availability of service from an authority.
(3) "Municipal customer" means a municipality that is afforded the use or the availability of service from an authority.
(4) "Public agency" means any municipality, county, water and sewer district, or other political subdivision of this state.
(5) "Rural customer" means a customer who is afforded the use or the availability of service from an authority and is neither a district customer nor a municipal customer.
History: En. Sec. 3, Ch. 498, L. 1999; amd. Sec. 5, Ch. 187, L. 2013.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 6. Public Water Supplies, Distribution, and Treatment › Part 3. Regional Water and Wastewater Authority Act › 75-6-306. Furnishing of funds, personnel, or services by certain public agencies -- agreements for purchase, sale, distribution, transmission, transportation, and treatment of water or wastewater -- terms and conditions

75-6-306. Furnishing of funds, personnel, or services by certain public agencies -- agreements for purchase, sale, distribution, transmission, transportation, and treatment of water or wastewater -- terms and conditions.
A public agency entering into an agreement pursuant to this part may appropriate funds and may sell, lease, give, or otherwise supply to the authority personnel or services for the operation of the authority as may be within its legal power to furnish. A public agency, whether or not a party to an agreement pursuant to this part, and a publicly or privately owned water distribution company may enter into contracts with an authority, created pursuant to this part, for the purchase of water from the authority or the sale of water to the authority, for the treatment of water by either party, and for the distribution or transmission of water by either party. The authority may enter into the contracts. A public agency, whether or not a party to an agreement pursuant to this part, and a publicly or privately owned wastewater transportation or treatment system may enter into contracts with an authority, created pursuant to this part, for the transportation and treatment of wastewater by either party. The authority may enter into the contracts, subject to the prior approval of the public service commission, if the privately owned wastewater transportation or treatment system is subject to the jurisdiction of the public service commission. However, if the public service commission has not acted on a proposed contract within 90 days of its filing, approval is considered to have been granted. A contract may include an agreement for the purchase of water not actually received or the treatment of wastewater not actually treated. A contract may not be for a period in excess of 40 years, but renewal options may be included in the contract. The obligations of a public agency under a contract must be payable solely from the revenue produced from the public agency's water or wastewater system, and the public service commission, in the case of a water system whose rates are subject to its jurisdiction, shall permit the water system to recover through its rates revenue sufficient to meet its obligations under the agreement.
History: En. Sec. 5, Ch. 498, L. 1999.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 6. Public Water Supplies, Distribution, and Treatment › Part 3. Regional Water and Wastewater Authority Act › 75-6-310. Declaration of authority organization -- when public body, corporate and politic

75-6-310. Declaration of authority organization -- when public body, corporate and politic.
Upon filing with the secretary of state, the secretary of state shall declare the authority organized and give it the corporate name of regional water authority number ...., regional wastewater authority number ...., or regional water and wastewater authority number ...., as appropriate. Upon assignment of the designation, the authority is a public body, corporate and politic.
History: En. Sec. 6, Ch. 498, L. 1999.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 6. Public Water Supplies, Distribution, and Treatment › Part 3. Regional Water and Wastewater Authority Act › 75-6-311. Governing body -- appointments -- terms of members -- voting rights

75-6-311. Governing body -- appointments -- terms of members -- voting rights.
(1) The governing body of the authority shall consist of not less than three persons selected by the participating public agencies. Each participating public agency shall appoint at least one member. Each member's full term may not be less than 1 year or more than 4 years, and initial terms must be staggered in accordance with procedures set forth in the agreement provided for in 75-6-305 and amendments to the agreement. In the case of an authority that is made up by the agreement of two public agencies, each public agency shall appoint two representatives to the governing body.
(2) The manner of selection of the governing body and terms of office must be set forth in the agreement provided for in 75-6-305 and amendments to the agreement. The governing body of the authority shall elect one of its members as president, one as treasurer, and one as secretary.
(3) Each member has one vote in any matter that comes before the authority for decision. However, the member agencies shall, in the original agreement establishing the authority, set forth any special weighing of votes based upon population served, volumes of water purchased, volumes of wastewater treated, numbers of customers, or some other criterion that the authority considers appropriate for maintaining fairness in the decisions and operations of the authority.
History: En. Sec. 7, Ch. 498, L. 1999.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 6. Public Water Supplies, Distribution, and Treatment › Part 3. Regional Water and Wastewater Authority Act › 75-6-312. Meetings of governing body -- annual audit

75-6-312. Meetings of governing body -- annual audit.
The governing body of the authority shall meet as often as the needs of the authority require, but not less frequently than on a quarterly basis. The authority is subject to the provisions of Title 2, chapter 3, regarding open meeting laws and public participation. The governing body shall cause an annual audit of the financial records of the authority to be made. The cost of the audit must be paid by the authority. The authority is considered a local government entity for purposes of Title 2, chapter 7, part 5, and audits must comply with the provisions of that part.
History: En. Sec. 8, Ch. 498, L. 1999.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 6. Public Water Supplies, Distribution, and Treatment › Part 3. Regional Water and Wastewater Authority Act › 75-6-321. Items included in cost of properties

75-6-321. Items included in cost of properties.
The cost of any water supply, wastewater transportation, or treatment system acquired or constructed under the provisions of this part must be considered to include the cost of the acquisition or construction of the supply or system and the cost of all property rights, easements, and franchises considered necessary or convenient for the supply or system and for the improvements and extensions to the supply or system. Costs also include interest on bonds prior to and during construction or acquisition and for 6 months after completion of construction or of acquisition of the improvements and extensions; engineering expenses; fiscal agent and legal expenses; expenses for estimates of cost and of revenue; expenses for plans, specifications, and surveys; other expenses necessary or incidental to determining the feasibility or practicability of the enterprise; administrative expense; and other expenses that may be necessary or incidental to the financing authorized in this part, the construction or acquisition of the properties, the placing of the properties in operation, and the performance of the things required or permitted, in connection with any property.
History: En. Sec. 11, Ch. 498, L. 1999.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 6. Public Water Supplies, Distribution, and Treatment › Part 3. Regional Water and Wastewater Authority Act › 75-6-322. Trust indenture

75-6-322. Trust indenture.
In the discretion and at the option of the governing body of the authority, bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be a trust company or bank that has the powers of a trust company within or outside of the state. However, a trust indenture may not convey, mortgage, or create a lien upon the water supply, wastewater transportation, or treatment system, any part of the system, or the authority or its member public agencies. The resolution authorizing the bonds and fixing the details of the bonds may provide that the trust indenture may contain provisions for protecting and enforcing the rights and remedies of bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority and the members of its governing body and officers in relation to the construction or acquisition of the water supply, wastewater transportation, or treatment system and the improvement, extension, operation, repair, maintenance, and insurance of the bonds and the custody, safeguarding, and application of all money. The resolution may also provide that all or any part of the construction work must be contracted for, constructed, and paid for under the supervision and approval of consulting engineers employed or designated by the governing body and satisfactory to the original bond purchasers, their successors, assignees, or nominees, who may be given the right to require that the security given by contractors and by any depository of the proceeds of bonds or revenue of the water supply, wastewater transportation, or treatment system or other money pertaining to the supply or system be satisfactory to the purchasers, their successors, assignees, or nominees. The indenture may set forth the rights and remedies of the bondholders and the trustee.
History: En. Sec. 12, Ch. 498, L. 1999.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 6. Public Water Supplies, Distribution, and Treatment › Part 3. Regional Water and Wastewater Authority Act › 75-6-323. Sinking fund for revenue bonds

75-6-323. Sinking fund for revenue bonds.
At or before the time of the issuance of any bonds under this part, the governing body of the authority shall by resolution or in the trust indenture provide for the creation of a sinking fund and for monthly payments into the sinking fund from the revenue of the water supply, wastewater transportation, or treatment system operated by the authority sums in excess of the cost of maintenance and operation of the properties that will be sufficient to pay the accruing interest and retire the bonds at or before the time that each will respectively become due and to establish and maintain reserves for the bonds. All sums that are or should be, in accordance with the provisions, paid into the sinking fund must be used solely for payment of interest and for the retirement of the bonds at or prior to maturity, as may be provided or required by the resolutions.
History: En. Sec. 13, Ch. 498, L. 1999.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 6. Public Water Supplies, Distribution, and Treatment › Part 3. Regional Water and Wastewater Authority Act › 75-6-324. Collection of revenue and enforcement of covenants -- default -- suit to compel performance -- appointment and powers of receiver

75-6-324. Collection of revenue and enforcement of covenants -- default -- suit to compel performance -- appointment and powers of receiver.
The governing body of an authority may insert enforceable provisions in a resolution authorizing the issuance of bonds relating to the collection, custody, and application of revenue of the authority from the operation of the water supply, wastewater transportation, or treatment system under its control and relating to the enforcement of the covenants and undertakings of the authority. If there is a default in the sinking fund provisions provided for in 75-6-323 or in the payment of the principal or interest on any of the bonds or if the authority or its governing body or any of its officers, agents, or employees fail or refuse to comply with the provisions of this part or default in any covenant or agreement made with respect to the issuance of the bonds or offered as security for the bonds, then any holder or holders of the bonds and any trustee under the trust indenture, if there is one, has the right by suit, action, mandamus, or other proceeding instituted in the district court in any of the counties in which the authority operates or in any other court of competent jurisdiction to enforce and compel performance of all duties required by this part or undertaken by the authority in connection with the issuance of the bonds. Upon application by any holder or holders of the bonds or the trustee of the trust indenture, the court shall, upon proof of the defaults, appoint a receiver for the affairs of the authority and its property. The receiver shall directly, or through its agents and attorneys, enter and take possession of the affairs of the authority. The receiver may hold, use, operate, manage, and control the authority and, in the name of the authority, exercise all of the rights and powers of the authority as considered expedient. The receiver may collect and receive all revenue and apply the revenue in the manner that the court shall direct. Whenever the default causing the appointment of the receiver has been cleared and fully discharged and all other defaults have been cured, the court, after notice and hearing as it considers reasonable and proper, may direct the receiver to surrender possession of the affairs of the authority to its governing body. The receiver may not sell, assign, mortgage, or otherwise dispose of any assets of the authority except as provided in this section.
History: En. Sec. 14, Ch. 498, L. 1999.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 6. Public Water Supplies, Distribution, and Treatment › Part 3. Regional Water and Wastewater Authority Act › 75-6-325. Statutory mortgage lien

75-6-325. Statutory mortgage lien.
There is a statutory mortgage lien upon the water supply, wastewater transportation, or treatment system of the authority. The lien exists in favor of the holders of bonds authorized to be issued pursuant to this part, and each holder and the system remain subject to the statutory mortgage lien until payment in full of all principal of and interest on the bonds.
History: En. Sec. 15, Ch. 498, L. 1999.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 6. Public Water Supplies, Distribution, and Treatment › Part 3. Regional Water and Wastewater Authority Act › 75-6-327. Refunding revenue bonds

75-6-327. Refunding revenue bonds.
If the authority has issued bonds under the provisions of this part, it may by resolution issue refunding bonds for the purpose of retiring or refinancing outstanding bonds, together with any unpaid interest on the bonds and any redemption premium. All of the provisions of this part relating to the issuance, security, and payment of bonds apply to the refunding bonds. However, the bonds are subject to the provisions of the proceedings that authorized the issuance of the bonds to be refunded.
History: En. Sec. 17, Ch. 498, L. 1999.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 6. Public Water Supplies, Distribution, and Treatment › Part 3. Regional Water and Wastewater Authority Act › 75-6-328. Exemption from taxation

75-6-328. Exemption from taxation.
Bonds issued pursuant to this part and the interest on the bonds, together with all properties and facilities of the authority owned or used in connection with the water supply, wastewater transportation, or treatment system, and all the money, revenue, and other income of the authority derived from the water supply, wastewater transportation, or treatment system are exempt from all taxation by the state or any county, municipality, political subdivision, or agency of the state, county, or municipality.
History: En. Sec. 18, Ch. 498, L. 1999.
2023 Montana Code Annotated › Title 75. Environmental Protection › Chapter 6. Public Water Supplies, Distribution, and Treatment › Part 3. Regional Water and Wastewater Authority Act › 75-6-329. Bonds as legal investment

75-6-329. Bonds as legal investment.
Bonds issued under the provisions of this part are legal investments for banks, building and loan associations, and insurance companies organized under the laws of this state.
History: En. Sec. 19, Ch. 498, L. 1999.