reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 4. Energy Development and Conservation › Part 11. Local Government and State Agency Energy Performance Contracts › 90-4-1109. Contracts and agreements not general obligation of governmental entity

90-4-1109. Contracts and agreements not general obligation of governmental entity.
Except as provided in 90-4-1114(1), payment obligations of a governmental entity pursuant to an energy performance contract are not general obligations of the governmental entity and are collectible only from guaranteed cost savings provided in the energy performance contract and other revenue, if any, pledged in the energy performance contract.
History: En. Sec. 9, Ch. 162, L. 2005; amd. Sec. 12, Ch. 439, L. 2009; amd. Sec. 11, Ch. 344, L. 2015.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 4. Energy Development and Conservation › Part 11. Local Government and State Agency Energy Performance Contracts › 90-4-1110. Duties and authority of department

90-4-1110. Duties and authority of department.
(1) The department shall establish an energy performance contract program for governmental entities. The department shall:
(a) solicit, evaluate, and maintain a list of qualified energy service providers;
(b) develop a process to disqualify and remove from the list energy service providers who do not comply with qualifications established;
(c) enter into agreements with qualified energy service providers to provide services in accordance with this part;
(d) establish reporting requirements for qualified energy service providers;
(e) develop a model energy performance contract process and documents; and
(f) assist governmental entities interested in pursuing energy performance contracts by providing technical assistance and educational programs and by maintaining a website.
(2) The department may develop recommended best practices for:
(a) evaluating energy performance proposals and awarding energy performance contracts;
(b) measuring and verifying guaranteed cost savings and cost-effectiveness;
(c) identifying a variety of options to determine the amount of project costs to be covered by guaranteed cost savings;
(d) calculating guaranteed cost savings;
(e) measuring energy cost savings and verification;
(f) determining the cost-effectiveness of the energy performance contract when using an unguaranteed utility unit price escalation rate; and
(g) determining an unguaranteed utility unit price escalation rate.
(3) The department may adopt rules for the implementation of this part.
History: En. Sec. 1, Ch. 344, L. 2015; amd. Sec. 2, Ch. 311, L. 2019.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 4. Energy Development and Conservation › Part 11. Local Government and State Agency Energy Performance Contracts › 90-4-1111. List of qualified energy service providers eligible for energy performance contracts

90-4-1111. List of qualified energy service providers eligible for energy performance contracts.
(1) At least every 5 years, the department shall issue a request for qualifications for energy service providers interested in entering into energy performance contracts with governmental entities. An energy service provider may submit qualifications to the department at any time, and the department shall review the submission for potential inclusion on its list of qualified energy service providers.
(2) The department shall evaluate qualifications for qualified energy service providers on the basis of:
(a) knowledge and experience with:
(i) design, engineering, installation, maintenance, and repairs associated with energy performance contracts;
(ii) conversion to a different fuel source associated with a comprehensive energy efficiency retrofit;
(iii) postinstallation project monitoring, data collection, and reporting of guaranteed cost savings;
(iv) overall project management; and
(v) projects of similar size and scope;
(b) ability to guarantee cost-effectiveness and to access long-term financing;
(c) financial stability; and
(d) other factors determined by the department.
(3) The department shall maintain a list of qualified energy service providers who meet the requirements of subsection (2).
(4) The department shall notify energy service providers who submitted qualifications in accordance with subsection (1) whether they meet the requirements of this part and are qualified energy service providers.
History: En. Sec. 2, Ch. 344, L. 2015.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 4. Energy Development and Conservation › Part 11. Local Government and State Agency Energy Performance Contracts › 90-4-1112. Selection of qualified energy service providers

90-4-1112. Selection of qualified energy service providers.
(1) Before selecting an energy service provider, a governmental entity shall solicit a request for proposals from a minimum of three qualified energy service providers. The governmental entity may select the qualified energy service provider determined by the governmental entity to best meet the needs of the governmental entity. The qualified energy service provider selected is not required to have submitted the proposal with the lowest cost.
(2) In selecting a qualified energy service provider, a governmental entity shall consider:
(a) experience with:
(i) design, engineering, and installation of cost-saving measures;
(ii) overall project management;
(iii) projects of similar size and scope;
(iv) postinstallation measurement and verification of guaranteed cost savings;
(v) in-state projects and Montana-based subcontractors;
(vi) commissioning of projects;
(vii) training of building operators; and
(viii) conversions to a different fuel source; and
(b) quality of technical approach.
History: En. Sec. 3, Ch. 344, L. 2015; amd. Sec. 3, Ch. 311, L. 2019.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 4. Energy Development and Conservation › Part 11. Local Government and State Agency Energy Performance Contracts › 90-4-1113. Investment-grade energy audits

90-4-1113. Investment-grade energy audits.
(1) The qualified energy service provider selected by a governmental entity in accordance with 90-4-1112 shall prepare an investment-grade energy audit. The audit must be incorporated into an energy performance contract.
(2) An investment-grade energy audit must include estimates of all costs and guaranteed cost savings for the proposed energy performance contract including:
(a) design;
(b) engineering;
(c) equipment;
(d) materials;
(e) installation;
(f) maintenance;
(g) repairs;
(h) monitoring and verification;
(i) commissioning;
(j) training; and
(k) debt service.
(3) (a) A qualified energy service provider and the governmental entity shall agree on the cost of an investment-grade energy audit before it is conducted.
(b) If an investment-grade energy audit is completed and the governmental entity does not execute an energy performance contract, the governmental entity shall pay the full cost of the investment-grade energy audit.
(c) If the governmental entity executes the energy performance contract, the cost of the investment-grade energy audit may be included in the costs of an energy performance contract or, at the discretion of the governmental entity, be paid for by the governmental entity.
History: En. Sec. 4, Ch. 344, L. 2015; amd. Sec. 4, Ch. 311, L. 2019.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 4. Energy Development and Conservation › Part 12. Montana Clean Renewable Energy Bond Act › 90-4-1201. Short title

90-4-1201. Short title.
This part may be cited as the "Montana Clean Renewable Energy Bond Act".
History: En. Sec. 1, Ch. 378, L. 2007.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 4. Energy Development and Conservation › Part 12. Montana Clean Renewable Energy Bond Act › 90-4-1203. Authority to acquire, construct, and operate projects

90-4-1203. Authority to acquire, construct, and operate projects.
A governmental body may:
(1) acquire, construct, reconstruct, extend, or improve a project within or outside of the boundaries of the governmental body or partially within or partially outside the boundaries of the governmental body;
(2) acquire any interest in or any right to capacity of a project and acquire by gift, purchase, or lease land or rights in land or other real or personal property that is necessary for the ownership, operation, or maintenance of a project;
(3) operate and maintain a project to provide electricity for its own use and, to the extent that production is in excess of its own requirements, sell the production to:
(a) a party allowed to choose an electricity supplier under 69-8-201;
(b) a public utility or cooperative;
(c) through June 30, 2009, a public utility under a qualifying contract governed by Title 69, chapter 3, part 6, if:
(i) the commission determines that adequate ancillary services are available for increases in the amount of intermittent generation resources connected to the transmission grid;
(ii) the cost of any ancillary services provided to the generator by the public utility can be adjusted to reflect actual costs, the costs are deductible by the public utility from the price of electricity paid to the generator, and adjustments may be made as frequently as every 12 months; and
(iii) the public utility can refuse acceptance of electricity from the generator when the loss of ancillary services threatens system reliability or the public utility is unable to purchase sufficient ancillary services to meet its obligations, subject to 90 days' written notice to the generator;
(d) a competitive electricity supplier; or
(e) an out-of-state purchaser;
(4) prescribe and collect rates, fees, and charges for the services and facilities furnished by a project;
(5) enter into and perform contracts and agreements that are necessary for the planning, construction, lease, operation, and maintenance of a project and the sale, transmission, distribution, or exchange of the electricity generated from the project on terms and for a period of time that its governing authority may determine;
(6) contract with a person or entity, within or outside the state, for the construction of a project, for the sale or transmission of electricity generated by a project, or for any interest in the project or any right to capacity of the project on terms and conditions that its governing authority may determine.
History: En. Sec. 3, Ch. 378, L. 2007.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 4. Energy Development and Conservation › Part 12. Montana Clean Renewable Energy Bond Act › 90-4-1204. Cooperation among governmental bodies

90-4-1204. Cooperation among governmental bodies.
(1) Two or more governmental bodies through their respective governing authorities may enter into interlocal or joint power agreements in accordance with Title 7, chapter 11, part 1, to facilitate project financing, acquisition, construction, operation, and maintenance and to provide related services including the sale and purchase of electricity.
(2) Governmental bodies that enter into agreements pursuant to subsection (1) may:
(a) authorize a board, commission, or other body to supervise, manage, or operate a project and may prescribe its powers and duties and fix the compensation of the members of the body supervising, managing, or operating the project; or
(b) hire a private party to supervise, manage, and operate the project on behalf of the governmental bodies.
History: En. Sec. 4, Ch. 378, L. 2007.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 4. Energy Development and Conservation › Part 12. Montana Clean Renewable Energy Bond Act › 90-4-1205. Authority to issue revenue bonds

90-4-1205. Authority to issue revenue bonds.
(1) Except as provided in 90-4-1221, a governmental body may:
(a) issue revenue bonds to finance in whole or in part the cost of the acquisition, purchase, construction, reconstruction, improvement, or extension of any project;
(b) pledge to the punctual payment of its revenue bonds issued under this section and interest on the bonds all or a portion of the gross or net revenue of the project; and
(c) create and maintain reasonable reserves.
(2) The revenue bonds provided for in subsection (1) may be authorized by a resolution adopted by the governing authority of the governmental body. The resolution must establish the terms, covenants, and conditions of the revenue bonds. It is not necessary to submit the question of issuing the revenue bonds to the electors of the governmental body. The revenue bonds do not constitute indebtedness for the purpose of statutory debt limitations.
(3) The revenue of the project must include the charges for energy used or reserved for use by the governmental body, which may be made payable from its general fund or other available revenue, and the revenue generated from the sale of energy or capacity to third parties.
History: En. Sec. 5, Ch. 378, L. 2007.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 4. Energy Development and Conservation › Part 12. Montana Clean Renewable Energy Bond Act › 90-4-1206. Determination of cost

90-4-1206. Determination of cost.
The governing authority of a governmental body, in determining the cost of a project to be financed by the issuance of revenue bonds pursuant to 90-4-1205, may include:
(1) engineering, inspection, fiscal, and legal expenses;
(2) interest estimated to accrue during the construction period of the project and for up to 6 months after the construction period on borrowed funds; and
(3) costs of issuance of the revenue bonds and the funding of a debt service reserve to secure the revenue bonds.
History: En. Sec. 6, Ch. 378, L. 2007.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 4. Energy Development and Conservation › Part 12. Montana Clean Renewable Energy Bond Act › 90-4-1207. Nature of revenue bonds

90-4-1207. Nature of revenue bonds.
(1) A holder of a revenue bond issued pursuant to 90-4-1205 does not have the right to compel the governmental body to exercise its taxing power to pay off the bonds or the interest on those bonds.
(2) Each revenue bond issued pursuant to 90-4-1205 must state that:
(a) the bond, including interest on the bond, is payable from the revenue pledged to the payment of the bond; and
(b) the bond does not constitute a debt of the governmental body within the meaning of any constitutional or statutory limitation or provision.
History: En. Sec. 7, Ch. 378, L. 2007.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 4. Energy Development and Conservation › Part 12. Montana Clean Renewable Energy Bond Act › 90-4-1208. Authority to issue other bonds

90-4-1208. Authority to issue other bonds.
If the principal amount of clean renewable energy bonds, as limited by the Internal Revenue Code, is insufficient to finance all costs of a project as determined pursuant to 90-4-1206, the governmental body may issue bonds to finance those costs and the costs of issuance of those bonds as:
(1) additional revenue bonds pursuant to 90-4-1205;
(2) obligations under 7-7-4104; or
(3) general obligations of a governmental body, provided that the issuance of the bonds are submitted to the electors of the governmental body as required by law.
History: En. Sec. 8, Ch. 378, L. 2007.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 4. Energy Development and Conservation › Part 12. Montana Clean Renewable Energy Bond Act › 90-4-1209. Use of revenue from project

90-4-1209. Use of revenue from project.
(1) A governmental body issuing bonds or entering into a contract pursuant to this part with respect to a project may appropriate, apply, or expend the revenue of the project for the following purposes:
(a) to pay when due all bonds and interest on the bonds or amounts owing under contracts for the payment of the revenue that is or has been pledged, charged, or otherwise encumbered, including reserves;
(b) to provide for all expenses of operation and maintenance of the project, including reserves;
(c) to pay and discharge bonds and interest on the bonds or amounts under contracts not issued or entered into under this part for which the revenue of the project is or has been pledged, charged, or encumbered;
(d) to pay and discharge bonds and interest on the bonds that do not constitute a lien, charge, or encumbrance on the revenue of the project and that have been issued for the purpose of financing the acquisition, purchase, construction, reconstruction, improvement, or extension of the project; and
(e) to provide a reserve for improvements to the project.
(2) A governing authority shall fulfill the requirements of subsection (1) before the governing authority may transfer any of the revenue of the project to its general fund.
History: En. Sec. 9, Ch. 378, L. 2007.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 4. Energy Development and Conservation › Part 12. Montana Clean Renewable Energy Bond Act › 90-4-1210. Covenants in resolution of authorizing issuance of bonds

90-4-1210. Covenants in resolution of authorizing issuance of bonds.
(1) A resolution authorizing the issuance of bonds under this part or a contract entered into under this part may contain covenants as to:
(a) the purpose or purposes to which the proceeds of sale of the bonds or amounts payable under the contract may be applied and the disposition of the proceeds or amounts;
(b) the use and disposition of the revenue of the project, including the creation and maintenance of reserves;
(c) the transfer, from the general fund of the governmental body to the account or accounts of the project, of an amount equal to the cost of furnishing the municipality or any of its departments, boards, or agencies with the services, facilities, or commodities of the project;
(d) the issuance of other bonds or the incurrence of other contractual obligations payable from the revenue of the project;
(e) the operation and maintenance of the project;
(f) the insurance to be carried on the project and the use and disposition of insurance proceeds;
(g) books of account and the inspection and audit of the books; and
(h) the terms and conditions upon which the holders or trustees of the bonds or any portion of the bonds or the contracting party are entitled to the appointment of a receiver by the district court having jurisdiction.
(2) If a receiver is appointed, the receiver may:
(a) enter and take possession of the project;
(b) operate and maintain the project;
(c) prescribe rates, fees, or charges, subject to any required approval of the public service commission; and
(d) collect, receive, and apply all revenue arising from the project in the same manner as the governmental body itself might do.
History: En. Sec. 10, Ch. 378, L. 2007.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 4. Energy Development and Conservation › Part 12. Montana Clean Renewable Energy Bond Act › 90-4-1216. Remedies

90-4-1216. Remedies.
The provisions of this part and any resolution or contract are enforceable by a bondholder or contracting party in a court of competent jurisdiction by mandamus or other appropriate suit, action, or proceeding.
History: En. Sec. 11, Ch. 378, L. 2007.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 4. Energy Development and Conservation › Part 12. Montana Clean Renewable Energy Bond Act › 90-4-1217. Presumptions of validity of bonds

90-4-1217. Presumptions of validity of bonds.
(1) Bonds issued under this part bearing the signatures of officers in office on the date of the signing of the bonds are valid and binding obligations even if, before bond delivery and payment, the persons whose signatures appear on the bonds are no longer officers of the governmental body issuing the bonds.
(2) The validity of the bonds is not dependent on or affected by the validity or regularity of any proceedings relating to the acquisition, purchase, construction, reconstruction, improvement, or extension of the project for which the bonds are issued.
(3) The resolution authorizing the bonds may provide that the bonds must contain a recital that they are issued pursuant to this part and that the recital is conclusive evidence of the bonds' validity and of the regularity of the bonds' issuance.
History: En. Sec. 12, Ch. 378, L. 2007.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 4. Energy Development and Conservation › Part 12. Montana Clean Renewable Energy Bond Act › 90-4-1218. Liens arising from bonds or contracts -- mortgages

90-4-1218. Liens arising from bonds or contracts -- mortgages.
(1) A resolution or contract must specify and define the revenue or portion of the revenue that is appropriated and pledged for the security and payment of the bonds or amounts payable under the contract and the relative security of liens on the revenue in favor of bonds of one or more series or issues, whether issued concurrently or at different times, or in favor of different contracts, whether entered into concurrently or at different times.
(2) A governmental body may mortgage, pledge, and assign any or all of the real and personal property comprising a project to secure payment of bonds, contracts, or other obligations issued or incurred under this part.
History: En. Sec. 13, Ch. 378, L. 2007.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 4. Energy Development and Conservation › Part 12. Montana Clean Renewable Energy Bond Act › 90-4-1219. Sale of bonds

90-4-1219. Sale of bonds.
Bonds issued under this part may be incurred or sold at public or private sale on terms and at prices that the governing authority determines to be advantageous.
History: En. Sec. 14, Ch. 378, L. 2007.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 4. Energy Development and Conservation › Part 12. Montana Clean Renewable Energy Bond Act › 90-4-1220. Interim receipts or certificates

90-4-1220. Interim receipts or certificates.
Pending the preparation of the definitive bonds, interim receipts or certificates, in a form and with provisions as the governing authority may determine, may be issued to the purchaser or purchasers of bonds sold pursuant to this part. The bonds and interim receipts or certificates are fully negotiable as provided in the Uniform Commercial Code.
History: En. Sec. 15, Ch. 378, L. 2007.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 4. Energy Development and Conservation › Part 12. Montana Clean Renewable Energy Bond Act › 90-4-1221. Requirements prior to project construction

90-4-1221. Requirements prior to project construction.
Prior to starting construction under this part, the governmental body shall enter into a contract or contracts:
(1) with a transmission services provider to interconnect with the transmission or distribution facilities of a utility or cooperative;
(2) that ensure that all ancillary services as required by the control area operator are available to regulate the generation of electricity from the project;
(3) for the sale of electricity from the project; and
(4) with a tribal government for projects being constructed within the exterior boundaries of that tribal government's Indian reservation.
History: En. Sec. 16, Ch. 378, L. 2007.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 4. Energy Development and Conservation › Part 12. Montana Clean Renewable Energy Bond Act › 90-4-1222. Prohibition on construction, ownership, and operation of powerlines

90-4-1222. Prohibition on construction, ownership, and operation of powerlines.
(1) This part does not authorize a governmental body to:
(a) construct, own, or operate electricity distribution or transmission facilities; or
(b) use the proceeds from bonds under this part to construct, own, or operate electricity distribution or transmission facilities.
(2) Subsections (1)(a) and (1)(b) do not apply to electrical lines connecting component parts within the perimeter of an electric generation facility or to a dedicated tie line between an electric generation facility and the transmission grid or the point of use by the governmental body.
History: En. Sec. 17, Ch. 378, L. 2007.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 4. Energy Development and Conservation › Part 12. Montana Clean Renewable Energy Bond Act › 90-4-1223. Interpretation

90-4-1223. Interpretation.
(1) The powers conferred in this part are in addition and supplemental to the powers conferred by any other general, special, or local law.
(2) If the provisions of this part are inconsistent with the provisions of any other general, special, or local law, the provisions of this part are controlling.
History: En. Sec. 18, Ch. 378, L. 2007.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 4. Energy Development and Conservation › Part 13. Commercial Property-Assessed Capital Enhancements Act › 90-4-1301. Short title

90-4-1301. Short title.
This part may be cited as the "Commercial Property-Assessed Capital Enhancements Act of Montana".
History: En. Sec. 1, Ch. 444, L. 2021.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 4. Energy Development and Conservation › Part 13. Commercial Property-Assessed Capital Enhancements Act › 90-4-1303. Duties of authority related to community property-assessed capital enhancements program -- rulemaking

90-4-1303. Duties of authority related to community property-assessed capital enhancements program -- rulemaking.
(1) As resources allow, the authority shall provide administrative support to local governments for the administration of the commercial property-assessed capital enhancements program and establish a plan in accordance with 90-4-1305.
(2) If the authority adopts rules in accordance with 90-7-202 to administer the commercial property-assessed capital enhancements program, the authority shall consult with local and county governments and the commercial lending industry, including bank and credit union representatives, on the content of the rules.
(3) The authority shall provide a report to the legislature in accordance with 5-11-210 describing the fees related to the program, administrative costs, the number of properties that are part of a commercial property-assessed capital enhancements program, and the scope of projects in the program:
(a) in 2024; and
(b) every 5 years after the report is initially provided in subsection (3)(a).
History: En. Sec. 3, Ch. 444, L. 2021.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 4. Energy Development and Conservation › Part 13. Commercial Property-Assessed Capital Enhancements Act › 90-4-1304. Program authorized -- contracts

90-4-1304. Program authorized -- contracts.
(1) In accordance with 90-4-1305 and 90-4-1306, a governing body may establish a commercial property-assessed capital enhancements program and may create a district or districts under the program.
(2) (a) The governing body may enter into a contract with a record owner of real property within a district to finance one or more energy conservation projects on the real property included in a district in accordance with this part.
(b) The contract may provide for the repayment of the cost of an energy conservation project through an assessment in accordance with 90-4-1307 on real property. The financing to be repaid through assessments must be provided by a third party.
(c) Financing may include the cost of materials and labor necessary for the installation or modification of energy conservation projects, permit fees, inspection fees, application and administrative fees, bank fees, and all other fees incurred by the record owner for the energy conservation project on a specific or pro rata basis, as determined by the governing body.
History: En. Sec. 4, Ch. 444, L. 2021.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 4. Energy Development and Conservation › Part 13. Commercial Property-Assessed Capital Enhancements Act › 90-4-1306. Establishment of program

90-4-1306. Establishment of program.
(1) To establish a commercial property-assessed capital enhancements program, a governing body shall:
(a) adopt a resolution of intent that includes:
(i) a statement of intent to establish a commercial property-assessed capital enhancements program describing the role of the governing body and the role of the authority in administering the program;
(ii) the types of energy conservation projects that may be included in the program;
(iii) a reference to the program plan required by 90-4-1305 and a location where the plan is available for public inspection; and
(iv) the time and place for a public hearing on the proposed program;
(b) hold a public hearing at which the public may comment on the proposed program and the program plan required by 90-4-1305; and
(c) adopt a resolution establishing the program and setting the terms and conditions of the program, including:
(i) how the governing body will meet the program plan requirements established by the authority in 90-4-1305. To meet the requirement of this subsection (1)(c)(i), the resolution may incorporate a program plan or an amended version of a program plan by reference.
(ii) a description of the aspects of the program that may be changed without a public hearing and the aspects that may be changed only after a public hearing;
(iii) identification of an official authorized to enter into a program contract on behalf of the program with entities providing funding for the program; and
(iv) identification of an official authorized to enter into a program contract on behalf of the governing body with record owners.
(2) A commercial property-assessed capital enhancements program may be changed by resolution of the governing body. Adoption of the resolution must be preceded by a public hearing if required pursuant to subsection (1)(c)(ii).
History: En. Sec. 6, Ch. 444, L. 2021.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 4. Energy Development and Conservation › Part 13. Commercial Property-Assessed Capital Enhancements Act › 90-4-1307. Assessments

90-4-1307. Assessments.
(1) (a) A local government may impose an assessment under a commercial property-assessed capital enhancements program pursuant to a written contract with the record owner of the real property to be assessed.
(b) The term of the assessment may not exceed the useful life of an energy conservation project paid for by the assessment.
(2) Before entering into a contract with a record owner under a program, the local government shall verify that:
(a) delinquent taxes, special assessments, or water or sewer charges are not due on the real property; and
(b) delinquent assessments on the real property under a commercial property-assessed capital enhancements program are not due.
(3) (a) An assessment imposed under a commercial property-assessed capital enhancements program, including any interest on the assessment and any penalty, constitutes a program lien against the real property on which the assessment is imposed from the date of the assessment until the assessment, including any interest or penalty, is paid in full. The lien is for outstanding assessments only, runs with the real property, and has the same priority and status as other property tax and assessment liens.
(b) A governing body has the same rights in the case of delinquency in the payment of an assessment as it does with respect to delinquent property taxes. When the assessment, including any interest and penalty, is paid, the lien must be removed from the real property.
(4) (a) Except as provided in subsection (4)(b), installments of assessments due under a program must be included in each tax bill issued under 15-16-101 and must be collected at the same time and in the same manner as taxes collected under Title 15, chapter 16.
(b) Installments may be billed and collected as provided in a special assessment ordinance of general applicability adopted by a local government.
History: En. Sec. 7, Ch. 444, L. 2021.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 4. Energy Development and Conservation › Part 13. Commercial Property-Assessed Capital Enhancements Act › 90-4-1308. Joint programs

90-4-1308. Joint programs.
(1) A local government may join with another local government or with any person by contract or otherwise to implement a commercial property-assessed capital enhancements program in whole or in part.
(2) If a commercial property-assessed capital enhancements program is implemented jointly by two or more local governments, a single public hearing held jointly by the local governments meets the requirements of 90-4-1306.
History: En. Sec. 8, Ch. 444, L. 2021.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 5. Secondary Industry and Commercial Development › Part 1. Industrial Development Projects › 90-5-102. General municipal and county powers

90-5-102. General municipal and county powers.
(1) In addition to any other powers which it may now have, each municipality and each county may:
(a) acquire, by construction, purchase, devise, gift, or lease or any combination of such methods, one or more projects located within this state. The projects may be located within, without, or partially within and partially without the municipality or county.
(b) lease to others any or all of its projects for such rentals and upon such terms and conditions, consistent with the provisions of this part, as the governing body considers advisable;
(c) enter into agreements, upon terms the governing body considers advisable and not in conflict with the provisions of this part, to loan the proceeds of its revenue bonds to others for the purpose of defraying the cost of acquiring or improving any project;
(d) issue revenue bonds for the purpose of defraying the cost of acquiring or improving any project or projects and secure the payment of such bonds as provided in this part. The revenue bonds may be issued in two or more series or issues where considered advisable, and each such series or issue may contain different maturity dates, interest rates, priorities on revenues available for payment of the bonds, priorities on securities available for guaranteeing payment thereof, and such other differing terms and conditions as are considered necessary and are not in conflict with the provisions of this part; and
(e) sell and convey any real or personal property acquired as provided by subsection (1)(a) of this section and make any order respecting it as may be conducive to the best interest of the municipality or county, provided that such sale or conveyance shall be subject to the terms of any lease but shall be free and clear of any other encumbrance.
(2) No municipality or county may operate any project financed by the sale of revenue bonds as a business or in any manner except as the lessor thereof. No municipality or county may acquire any such project or any part thereof by condemnation.
History: En. Sec. 2, Ch. 51, L. 1965; R.C.M. 1947, 11-4102; amd. Sec. 3, Ch. 51, L. 1979; amd. Sec. 2, Ch. 656, L. 1979.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 5. Secondary Industry and Commercial Development › Part 1. Industrial Development Projects › 90-5-104. Hearing

90-5-104. Hearing.
(1) Prior to the issuance of any bonds under the authority of this part by any municipality or county to pay the costs of acquiring or improving a project, the governing body shall give notice and hold a public hearing on the proposed project. At least once a week for 3 consecutive weeks prior to the date set for the hearing, the governing body shall publish in a newspaper of general circulation in the municipality or county a notice of the time and place of the hearing, the general nature of the project, the name of the lessee, borrower, or user of the project, and the estimated cost of the project. The governing body may not issue the bonds to pay the costs of acquiring or improving a project unless it appears after the public hearing that the acquisition or improvement of the project is in the public interest of the municipality or county.
(2) The provisions of subsection (1) do not apply to refunding bonds issued under 90-5-107 to refund bonds issued to pay the costs of acquiring or improving a project as to which a hearing was held under subsection (1).
History: En. Sec. 3, Ch. 51, L. 1965; amd. Sec. 1, Ch. 304, L. 1974; R.C.M. 1947, 11-4103(5); amd. Sec. 4, Ch. 656, L. 1979; amd. Sec. 2, Ch. 376, L. 1981.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 5. Secondary Industry and Commercial Development › Part 1. Industrial Development Projects › 90-5-106. Determination of costs -- terms of lease

90-5-106. Determination of costs -- terms of lease.
(1) Prior to the leasing of any project or entering into a loan agreement concerning a project, the governing body must determine and find the following:
(a) the amount necessary to pay the principal of and the interest on the bonds proposed to be issued to finance such project;
(b) the amount necessary to be paid into any reserve funds which the governing body may deem it advisable to establish in connection with the retirement of the proposed bonds and the maintenance of the project including taxes; and
(c) the estimated cost of maintaining the project in good repair and keeping it properly insured, unless the terms of the lease or loan agreement provide that the lessee or borrower shall maintain the project and carry all proper insurance with respect thereto.
(2) The determinations and findings of the governing body required to be made by subsection (1) shall be set forth in the proceedings under which the proposed bonds are to be issued. Prior to the issuance of any bonds authorized by this part, the municipality or county shall lease the project to a lessee or lessees or enter into a loan agreement with a borrower under a lease or loan agreement conditioned upon completion of the project by the lessees or borrowers and providing for payment to the municipality or county of such rentals or payments as, upon the basis of such determinations and findings, will be sufficient to:
(a) pay the principal of and interest on the bonds issued to finance the project;
(b) pay the taxes on the project;
(c) build up and maintain any reserves deemed by the governing body to be advisable in connection therewith; and
(d) pay the costs of maintaining the project in good repair and keeping it properly insured, unless the lease or loan agreement obligates the lessees or borrowers to pay for the maintenance and insurance of the project.
(3) Subject to the limitations of this part, the lease, loan agreement, or extensions or modifications thereof may contain such other terms and conditions as may be mutually acceptable to the parties and, notwithstanding any other provisions of law relating to the sale of property owned by municipalities and counties, an option may be granted to a lessee to purchase the project on such terms and conditions as may be mutually acceptable to the parties.
History: En. Sec. 5, Ch. 51, L. 1965; R.C.M. 1947, 11-4105; amd. Sec. 6, Ch. 656, L. 1979.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 5. Secondary Industry and Commercial Development › Part 1. Industrial Development Projects › 90-5-107. Refunding of bonds

90-5-107. Refunding of bonds.
(1) Any bonds issued under the provisions of this part and at any time outstanding, including, without limitation, short-term bonds issued in anticipation of the issuance of long-term bonds, may at any time and from time to time be refunded by a municipality or county by the issuance of its refunding bonds in such amount as the governing body may deem necessary but not exceeding an amount sufficient to refund the principal of the bonds to be so refunded, together with any interest thereon and any premiums and commissions necessary to be paid in connection therewith. An issue of refunding bonds may be combined with an issue of additional revenue bonds on any project when the combined total meets the requirements of 90-5-106(1).
(2) Any such refunding may be effected whether the bonds to be refunded shall have then matured or shall thereafter mature, either by sale of the refunding bonds and the application of the proceeds thereof for the payment of the bonds to be refunded thereby or by exchange of the refunding bonds for the bonds to be refunded thereby. The holders of any bonds to be so refunded shall not be compelled without their consent to surrender their bonds for payment or exchange prior to the date on which they are payable by maturity date, option to redeem, or otherwise, or, if they are called for redemption, prior to the date on which they are by their terms subject to redemption by option or otherwise. Any refunding bonds issued under the authority of this part shall be subject to the provisions contained in 90-5-103 and may be secured in accordance with the provisions of 90-5-105.
(3) The principal proceeds from the sale of any refunding bonds may be applied only as follows, either:
(a) to the immediate payment and retirement of the bonds being refunded; or
(b) to the extent not required for the immediate payment of the bonds being refunded, such proceeds shall be deposited in trust to provide for the payment and retirement of the bonds being refunded and to pay any expenses incurred in connection with such refunding, except that provision may be made for the pledging and disposition of any surplus, including, without limitation, to the payment of the principal of and interest on any issue or series of refunding bonds.
(4) Money in a trust fund under subsection (3) may be invested in direct obligations of the United States government, obligations the principal of and interest on which are guaranteed by the United States government, or obligations of any agency or instrumentality of the United States government.
(5) Nothing in this section may be construed as a limitation on the duration of any deposit in trust for the retirement of bonds being refunded but that have not matured and that are not presently redeemable or, if presently redeemable, have not been called for redemption.
History: En. Sec. 6, Ch. 51, L. 1965; R.C.M. 1947, 11-4106; amd. Sec. 3, Ch. 376, L. 1981.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 5. Secondary Industry and Commercial Development › Part 1. Industrial Development Projects › 90-5-108. Use of proceeds of bond sales

90-5-108. Use of proceeds of bond sales.
(1) The proceeds from the sale of bonds issued under authority of this part must be applied only for the purpose for which the bonds were issued or to discharge any existing indebtedness secured by a lien against a hospital or long-term care facility or higher education facility leased or owned by a nonprofit corporation or against a family services provider facility. However, if the project is not a hospital or long-term care facility or higher education facility leased or owned by a nonprofit corporation or a family services provider facility, the proceeds from the sale of bonds may not be used to discharge indebtedness without an improvement to the project.
(2) Any accrued interest and premium received in the sale of bonds must be applied to the payment of the principal of or the interest on the bonds sold. If for any reason any portion of the proceeds is not needed for the purpose for which the bonds were issued, then the unneeded portion of the proceeds must be applied to the payment of the principal of or the interest on the bonds.
History: En. Sec. 7, Ch. 51, L. 1965; amd. Sec. 2, Ch. 234, L. 1975; R.C.M. 1947, 11-4107(part); amd. Sec. 7, Ch. 656, L. 1979; amd. Sec. 2, Ch. 4, Sp. L. March 1986; amd. Sec. 2, Ch. 353, L. 2001.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 5. Secondary Industry and Commercial Development › Part 1. Industrial Development Projects › 90-5-109. Cost of projects

90-5-109. Cost of projects.
The cost of acquiring or improving any project shall be deemed to include the following:
(1) the actual cost of acquiring or improving real estate for any project;
(2) the actual cost of construction of all or any part of a project which may be constructed, including architects' and engineers' fees;
(3) all expenses in connection with the authorization, sale, and issuance of the bonds to finance such acquisition or improvement;
(4) bond reserves and premiums for insurance of lease rentals pledged to pay the bonds; and
(5) the interest on such bonds for a reasonable time prior to construction, during construction, and for not exceeding 6 months after completion of construction.
History: En. Sec. 7, Ch. 51, L. 1965; amd. Sec. 2, Ch. 234, L. 1975; R.C.M. 1947, 11-4107(part).
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 5. Secondary Industry and Commercial Development › Part 1. Industrial Development Projects › 90-5-110. Taxation of projects

90-5-110. Taxation of projects.
(1) Notwithstanding that title to a project may be in a municipality or county, such projects shall be subject to taxation to the same extent, in the same manner, and under the same procedures as privately owned property in similar circumstances if such projects are leased to or held by private interests on both the assessment date and the date the levy is made in any year, but such projects shall not be subject to taxation in any year if they are not leased to or held by private interests on both the assessment date and the date the levy is made in any year.
(2) Where personal property owned by a municipality or county is taxed under this section and such personal property taxes are delinquent, levy by warrant for distraint for collection of such delinquent taxes may only be made on personal property against which such taxes were levied.
History: En. Sec. 8, Ch. 51, L. 1965; R.C.M. 1947, 11-4108; amd. Sec. 10, Ch. 239, L. 1983.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 5. Secondary Industry and Commercial Development › Part 1. Industrial Development Projects › 90-5-111. Powers cumulative

90-5-111. Powers cumulative.
Neither this part nor anything herein contained shall be construed as a restriction or limitation upon any powers which a municipality or county might otherwise have under any laws of this state but shall be construed as cumulative.
History: En. Sec. 9, Ch. 51, L. 1965; R.C.M. 1947, 11-4109.