reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 6. Community Impact -- Planning and Abatement › Part 1. Financing of Housing › 90-6-137. Alternate funding source for housing loans -- use of coal tax trust fund money

90-6-137. Alternate funding source for housing loans -- use of coal tax trust fund money.
(1) The board of investments shall allow the board of housing to administer $65 million of the coal tax trust fund for the purpose of providing loans for the development and preservation of homes and apartments to assist eligible low-income and moderate-income applicants. Until the board uses money in the coal tax trust fund to loan to a qualified applicant pursuant to this part, the money under the administration of the board must remain invested by the board of investments.
(2) While a loan made from the coal tax trust fund pursuant to this section is repaid, the principal payments on the loan must be deposited in the coal tax trust fund until all of the principal of the loan is repaid. Interest received on a loan may be used by the board, in amounts determined by the board in accordance with 90-6-136, to pay for the servicing of a loan and for reasonable costs of the board for administering the program. After payment of associated expenses, interest received on the loan must be deposited into the coal tax trust fund.
(3) (a) Money from the coal tax trust fund must be used for the purposes identified in 90-6-134(3) and (4).
(b) Loans made pursuant to this section must meet the following requirements:
(i) Projects funded with the loans must be multifamily rental housing projects that provide low-income and moderate-income housing.
(ii) The loan must be in the first lien position and may not exceed 95% of total development costs.
(iii) The minimum interest rate charged on a loan pursuant to this section is no less than 0.5% below the current coal trust fund investment performance, and all loans combined must at least average the current coal trust investment performance.
(iv) The board and the loan recipient shall each pay half of loan servicing fees.
(v) Projects funded with the loans must be subject to property taxes, except those located on tribal lands.
(4) Money from the coal tax trust fund may not be used to replace existing or available sources of funding for eligible activities.
(5) Funds administered by the board from the coal tax trust fund may not be used to pay the expenses of any other program or service administered by the board.
(6) A multifamily rental housing project eligible to receive a loan under this section may include the development or preservation of a mobile home park as defined in 70-33-103.
History: En. Sec. 1, Ch. 460, L. 2019; amd. Sec. 17, Ch. 774, L. 2023.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 6. Community Impact -- Planning and Abatement › Part 1. Financing of Housing › 90-6-138. Coal board fund

90-6-138. Coal board fund.
(1) There is a coal board fund administered by the department of administration. Pursuant to 17-5-703, a percentage of coal severance taxes received by the state must be deposited in this fund. Earnings not transferred to the coal natural resource account as provided in subsection (2) must be retained in the coal board fund.
(2) The coal natural resource account established in 90-6-1001(2) receives earnings from the coal board fund as provided in 17-5-703.
History: En. Sec. 3, Ch. 717, L. 2023.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 6. Community Impact -- Planning and Abatement › Part 1. Financing of Housing › 90-6-141. Short title

90-6-141. Short title.
Sections 90-6-141 through 90-6-149 may be cited as the "Montana Community Reinvestment Plan Act".
History: En. Sec. 1, Ch. 774, L. 2023.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 6. Community Impact -- Planning and Abatement › Part 1. Financing of Housing › 90-6-142. Purpose

90-6-142. Purpose.
The legislature finds and declares the purpose of the Montana Community Reinvestment Plan Act is to begin to address housing needs and offer a regional, community-based solution to creating affordable, attainable workforce housing infrastructure in the state.
History: En. Sec. 2, Ch. 774, L. 2023.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 6. Community Impact -- Planning and Abatement › Part 1. Financing of Housing › 90-6-143. Definitions

90-6-143. Definitions.
As used in 90-6-141 through 90-6-149, the following definitions apply:
(1) "Attainable workforce housing" means housing of a cost that an eligible household would spend no more than 30% of gross monthly income for a mortgage payment, property taxes, and insurance.
(2) "Community reinvestment organization" means the regional entity or entities established in 90-6-146 or a certified regional development corporation, a certified development corporation, a community housing development organization, an economic development association, or a community development financial institution.
(3) "Community reinvestment organization revolving account" or "CRO revolving account" means a restricted account established by each community reinvestment organization.
(4) "Eligible household" means a household earning between 60% and 140% of median household income for the county in which the person resides or the state, whichever is less.
(5) "Montana community reinvestment plan account" means the account in the state special revenue fund and any subaccounts established pursuant to 90-6-145.
(6) "Program" means the Montana community reinvestment plan.
History: En. Sec. 3, Ch. 774, L. 2023.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 6. Community Impact -- Planning and Abatement › Part 1. Financing of Housing › 90-6-144. Montana community reinvestment plan

90-6-144. Montana community reinvestment plan.
There is a Montana community reinvestment plan that enables regional community reinvestment organizations to reduce the cost of housing to an affordable range for Montana's workforce. The program creates a deed-restricted housing inventory that becomes attainable workforce housing infrastructure for employers, employees, and entire communities by distributing money to community reinvestment organizations that invest the funds by buying down the costs of mortgages for eligible households.
History: En. Sec. 4, Ch. 774, L. 2023.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 6. Community Impact -- Planning and Abatement › Part 1. Financing of Housing › 90-6-145. Montana community reinvestment plan account

90-6-145. Montana community reinvestment plan account.
(1) There is an account in the state special revenue fund established by 17-2-102 known as the Montana community reinvestment plan account. The purpose of the account is to fund the establishment of affordable, attainable workforce housing infrastructure in the state.
(2) Money in the account must be distributed by the governor's office of economic development to community reinvestment organizations based on the percentage of the combined county gross domestic product within the regional boundaries of the organization to that of the state gross domestic product.
History: En. Sec. 5, Ch. 774, L. 2023.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 6. Community Impact -- Planning and Abatement › Part 1. Financing of Housing › 90-6-146. Community reinvestment organizations

90-6-146. Community reinvestment organizations.
(1) A community reinvestment organization meeting the requirements of 90-6-147 may be established no later than December 31, 2024.
(2) There may be a maximum of 16 community reinvestment organizations in the state.
(3) The geographic boundaries of each community reinvestment organization must be similar to the boundaries determined by the department of commerce for certified regional development corporations provided for in 90-1-116. Regions not included in the described boundaries may establish community reinvestment organizations up to the maximum number allowed in subsection (2). The certified regional development corporation may choose to create and manage a region's community reinvestment organization but is not required to serve as that region's community reinvestment organization.
(4) Counties that are not within the boundaries of an existing certified regional development corporation region may participate in a neighboring community reinvestment organization or create a community reinvestment organization that includes one or more counties not within an existing certified regional development corporation subject to the limit provided in subsection (2).
(5) Each county wishing to participate in the program shall make an affirmative decision to participate by joining a community reinvestment organization. Counties that do not join a community reinvestment organization are ineligible to participate in the program. A county may only participate in one community reinvestment organization.
(6) A participating county is encouraged to enact local ordinances that provide for an expedited development and construction review process with priority for attainable workforce housing.
(7) To be certified by the chief economic development officer provided for in 2-15-219, a community reinvestment organization shall provide the information required by the chief economic development officer and 90-6-147 by January 15, 2025.
History: En. Sec. 6, Ch. 774, L. 2023; amd. Sec. 24, Ch. 774, L. 2023.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 6. Community Impact -- Planning and Abatement › Part 1. Financing of Housing › 90-6-147. Community reinvestment organization requirements

90-6-147. Community reinvestment organization requirements.
(1) A community reinvestment organization shall meet the requirements of this section.
(2) A community reinvestment organization must be established as a federally recognized charitable organization under 26 U.S.C. 501(c)(3), (c)(4), or (c)(6).
(3) (a) Each community reinvestment organization shall create a CRO revolving account for the deposit and distribution of funds to participating counties within the community reinvestment organization's region.
(b) Community reinvestment organizations shall deposit into the CRO revolving account an equal amount of funds as those deposited from the Montana community reinvestment plan account prior to any plan dollars being used to buy down attainable workforce housing. Community reinvestment organization matching fund options include but are not limited to the use of the employer pool, local government investments, and the utilization of volume cap bonds.
(4) (a) Money in a CRO revolving account must be used as follows:
(i) 95% or more must be distributed to participating counties to be used to assist eligible households in purchasing attainable workforce housing as provided in this section; and
(ii) 5% or less must be dedicated to startup and administrative costs of the community reinvestment organization and may be used to create a foreclosure mitigation set-aside fund.
(b) Money in a CRO revolving account may not be used for preconstruction, development, or construction-related purposes.
(c) If a county elects not to participate in the program under 90-6-141 through 90-6-149, the money allocated to that county must be distributed proportionally to the remaining counties participating in the program within the same region as the nonparticipating county.
(5) An incorporated city, consolidated city-county, or county may contribute funds to its regional CRO revolving account as an optional local government investment.
(6) Money used from the CRO revolving account to assist an eligible household may not exceed 30% of the total purchase price.
(7) Housing purchased using money from the CRO revolving account must have a deed limitation restricting the equitable value to the eligible household. The rate of appreciation on the deed-restricted home may not be greater than 1% a year.
(8) A community reinvestment organization must coordinate local employer participation in a statewide employer pool.
(9) A community reinvestment organization is encouraged to develop policies to support homeowners buying out the deed restriction so the revolving account can be utilized to buy down the cost of additional homes for other eligible households.
History: En. Sec. 7, Ch. 774, L. 2023.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 6. Community Impact -- Planning and Abatement › Part 1. Financing of Housing › 90-6-149. Use of state trust lands for attainable housing

90-6-149. Use of state trust lands for attainable housing.
Where state trust lands are in close proximity to cities, towns, or communities:
(1) the department of natural resources and conservation shall undertake an evaluation of whether the lands could be made available for use as land for potential development of attainable workforce housing as a part of the Montana community reinvestment plan; and
(2) each community reinvestment organization shall consider the use of state lands to support critical public employee services, including attainable workforce housing as part of the Montana community reinvestment plan.
History: En. Sec. 9, Ch. 774, L. 2023.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 6. Community Impact -- Planning and Abatement › Part 2. Coal Impacts -- Evaluation and Abatement Funding › 90-6-201. Purpose

90-6-201. Purpose.
The purposes of this part are to assist local governmental units that have been required to expand the provision of public services as a consequence of large-scale development of coal mines and coal-using energy complexes or as a consequence of a major decline in coal mining or in the operation of coal-using energy complexes, to assist in the construction and reconstruction of designated portions of highways that serve the area affected by the large-scale development, to support county land planning, and to support public schools throughout the state.
History: En. 50-1701 by Sec. 1, Ch. 502, L. 1975; R.C.M. 1947, 50-1801; amd. Sec. 76, Ch. 509, L. 1995; amd. Sec. 1, Ch. 204, L. 1997.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 6. Community Impact -- Planning and Abatement › Part 2. Coal Impacts -- Evaluation and Abatement Funding › 90-6-202. Account established

90-6-202. Account established.
There is within the state special revenue fund a coal area highway improvement account.
History: En. 50-1702 by Sec. 2, Ch. 502, L. 1975; R.C.M. 1947, 50-1802; amd. Sec. 47, Ch. 281, L. 1983; amd. Sec. 5, Ch. 662, L. 1987; amd. Sec. 46, Ch. 11, Sp. L. June 1989; amd. Sec. 77, Ch. 509, L. 1995.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 6. Community Impact -- Planning and Abatement › Part 2. Coal Impacts -- Evaluation and Abatement Funding › 90-6-203. Definition of coal board

90-6-203. Definition of coal board.
"Board" means the coal board provided for in 2-15-1821.
History: En. 90-6-203 by Code Commissioner, 1979; amd. Sec. 4, Ch. 274, L. 1981.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 6. Community Impact -- Planning and Abatement › Part 2. Coal Impacts -- Evaluation and Abatement Funding › 90-6-204. Presiding officer, meetings, compensation, and facilities

90-6-204. Presiding officer, meetings, compensation, and facilities.
(1) The board shall elect a presiding officer from among its members.
(2) The board shall meet quarterly and may meet at other times as called by the presiding officer or a majority of the members.
(3) Members are entitled to compensation as provided for in 2-15-124(7).
(4) The department of commerce shall provide suitable office facilities and the necessary staff for the coal board.
History: En. 50-1705, 50-1708 by Secs. 6, 9, Ch. 502, L. 1975; R.C.M. 1947, 50-1805, 50-1808; amd. Sec. 6, Ch. 274, L. 1981; amd. Sec. 2874, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 6. Community Impact -- Planning and Abatement › Part 2. Coal Impacts -- Evaluation and Abatement Funding › 90-6-205. Coal board -- general powers

90-6-205. Coal board -- general powers.
The board may:
(1) retain professional consultants and advisors;
(2) adopt rules governing its proceedings;
(3) consider applications for grants from available funds;
(4) award grants, subject to 90-6-207, from available funds:
(a) to local governmental units, state agencies, and governing bodies of federally recognized Indian tribes to assist local governmental units and federally recognized Indian tribes in meeting the local impact of coal development or a major decline in coal mining or in the operation of coal-using energy complexes by enabling them to adequately provide governmental services and facilities that are needed as a direct consequence of an increase or decrease in coal development or in the consumption of coal by a coal-using energy complex; and
(b) notwithstanding the provisions of 90-6-207, to the department of transportation, established in 2-15-2501, to expedite the construction, repair, and maintenance of deficient sections of highway within the area designated in 90-6-210 if the deficiency is the direct result of increased traffic accompanying the development of coal resources; and
(5) award a grant to a local governmental unit for the purpose of paying for part or all of the credit that the local governmental unit is obligated to give to a major new industrial facility that has prepaid property taxes under 15-16-201. The board shall award the grant in accordance with 90-6-206.
History: En. 50-1706 by Sec. 7, Ch. 502, L. 1975; amd. Sec. 3, Ch. 540, L. 1977; R.C.M. 1947, 50-1806(part); (6)En. Sec. 1, Ch. 250, L. 1983; amd. Sec. 1, Ch. 690, L. 1983; amd. Sec. 1, Ch. 619, L. 1985; amd. Sec. 2, Ch. 715, L. 1985; amd. Sec. 2, Ch. 733, L. 1985; amd. Sec. 2, Ch. 5, Sp. L. June 1986; amd. Sec. 2, Ch. 19, Sp. L. June 1986; amd. Sec. 6, Ch. 662, L. 1987; amd. Sec. 3, Ch. 512, L. 1991; amd. Sec. 78, Ch. 509, L. 1995; amd. Sec. 2, Ch. 204, L. 1997.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 6. Community Impact -- Planning and Abatement › Part 2. Coal Impacts -- Evaluation and Abatement Funding › 90-6-206. Basis for awarding grants

90-6-206. Basis for awarding grants.
(1) Grants must be awarded on the basis of:
(a) need;
(b) degree of severity of impact from an increase or decrease in coal development or in the consumption of coal by a coal-using energy complex;
(c) availability of funds; and
(d) degree of local effort in meeting these needs.
(2) In determining the degree of local effort, the board shall review the millage rates levied for the present fiscal year in relation to the average millage rates levied during the 3 years immediately preceding the year of application for assistance.
(3) Millage rates for the present fiscal year that are lower than the average millage rate levied during the 3 years immediately preceding the year of application for assistance must be considered by the board to indicate the lack of local effort. The application under these circumstances may be rejected.
(4) Further, in determining the degree of local effort, the board shall consider the possibility of requiring that local governmental unit to increase its bonded indebtedness to provide all or part of the governmental service or facility that is needed as a direct consequence of an increase or decrease in coal development or in the consumption of coal by a coal-using energy complex.
(5) To the extent that funds are needed to evaluate and plan for the impact needs caused by the increase or decrease in coal development or in the consumption of coal by a coal-using energy complex, consideration of bond issues and millage levies may be waived.
(6) To the extent that the applicant has no history of mill levies, subsections (2) and (3) do not apply.
History: En. 50-1706 by Sec. 7, Ch. 502, L. 1975; amd. Sec. 3, Ch. 540, L. 1977; R.C.M. 1947, 50-1806(part); amd. Sec. 1, Ch. 619, L. 1979; amd. Sec. 2, Ch. 690, L. 1983; amd. Sec. 3, Ch. 204, L. 1997.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 6. Community Impact -- Planning and Abatement › Part 2. Coal Impacts -- Evaluation and Abatement Funding › 90-6-208. Applications for grants

90-6-208. Applications for grants.
The governing body of a city, town, county, or school district, any other local or state governmental unit or agency, or the governing body of a federally recognized Indian tribe may apply for a grant to enable it to provide governmental services that are needed as a direct consequence of an increase or decrease of coal development or of an increase or decrease in the consumption of coal by a coal-using energy complex. The board shall prescribe the form for applications. Applicants shall describe the nature of their proposed expenditures and the time involved.
History: En. 50-1709 by Sec. 10, Ch. 502, L. 1975; R.C.M. 1947, 50-1809(part); amd. Sec. 3, Ch. 690, L. 1983; amd. Sec. 5, Ch. 204, L. 1997.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 6. Community Impact -- Planning and Abatement › Part 2. Coal Impacts -- Evaluation and Abatement Funding › 90-6-209. Limitations on grants

90-6-209. Limitations on grants.
(1) The board may commit itself to the expenditure of funds for more than 1 year for a single project, but the board may not obligate funds not yet appropriated by the legislature. The total amount of grants to state agencies, except grants made pursuant to 90-6-205(4)(b), and Indian tribes may not exceed 7% of the total money allocated to the board during each fiscal year.
(2) A grant to an Indian tribe under 90-6-205 may not be approved by the board unless:
(a) the governing body of the tribe has agreed:
(i) to waive its immunity from suit on any issue specifically arising from the transaction of a grant obtained under this part; and
(ii) to the adjudication of any dispute arising out of the grant transaction in the district court of the first judicial district of the state of Montana; and
(b) approval of the transaction has been obtained from the secretary of the United States department of the interior whenever approval is necessary.
(3) (a) The board may not award a new grant to a local government that is in violation of 2-1-602 pursuant to the provisions of 2-1-605.
(b) For the purposes of this subsection (3), "local government" has the meaning provided in 2-1-601.
History: En. 50-1709 by Sec. 10, Ch. 502, L. 1975; R.C.M. 1947, 50-1809(part); amd. Sec. 4, Ch. 690, L. 1983; (2) En. Sec. 5, Ch. 690, L. 1983; (3) En. Sec. 6, Ch. 690, L. 1983; amd. Sec. 1, Ch. 420, L. 1985; amd. Sec. 3, Ch. 619, L. 1985; amd. Sec. 6, Ch. 204, L. 1997; amd. Sec. 7, Ch. 101, L. 2021.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 6. Community Impact -- Planning and Abatement › Part 2. Coal Impacts -- Evaluation and Abatement Funding › 90-6-210. Coal area highway reconstruction program

90-6-210. Coal area highway reconstruction program.
(1) The department of transportation, within the area designated as the eastern Montana coal field economic growth center as certified to the secretary of transportation by the governor under 23 U.S.C. 143, shall prepare a special construction program for the reconstruction of deficient sections of these highways in consultation with the governing bodies of the counties in the area.
(2) The department of transportation shall expedite the planning and reconstruction program for projects on the designated portions within this area by using funds allocated under this section and any federal funds that may be made available to match those funds. Until federal funds are made available to match the funds allocated under this section, the department of transportation may, upon approval of the Montana state transportation commission, expend funds for planning and reconstruction projects with or without assurance from the federal government that unmatched state expenditures will be retroactively recognized for matching purposes.
(3) Funds allocated under this section may not be used to match apportionments made for primary and secondary highway systems, as those terms are defined in 60-1-103; however, this section may not be construed to prohibit the implementation of projects otherwise funded by apportionments made under 60-3-205 or 60-3-206. In addition, planning and reconstruction projects may be financed in whole or in part by public and private funds provided that the projects conform to the applicable standards, regulations, and procedures of the department of transportation and the federal highway administration.
History: En. 50-1703 by Sec. 4, Ch. 502, L. 1975; amd. Sec. 2, Ch. 540, L. 1977; R.C.M. 1947, 50-1803(2) thru (4); amd. Sec. 1, Ch. 542, L. 1981; amd. Sec. 3, Ch. 512, L. 1991; amd. Sec. 6, Ch. 75, L. 1995; amd. Sec. 312, Ch. 42, L. 1997; amd. Sec. 38, Ch. 299, L. 2019.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 6. Community Impact -- Planning and Abatement › Part 2. Coal Impacts -- Evaluation and Abatement Funding › 90-6-211. Repealed

90-6-211. Repealed.
Sec. 94, Ch. 11, Sp. L. June 1989.
History: En. 50-1710 by Sec. 11, Ch. 502, L. 1975; R.C.M. 1947, 50-1810; amd. Sec. 1, Ch. 277, L. 1983; amd. Sec. 2, Ch. 384, L. 1983; amd. Sec. 26, Ch. 658, L. 1987; amd. Sec. 8, Ch. 662, L. 1987.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 6. Community Impact -- Planning and Abatement › Part 2. Coal Impacts -- Evaluation and Abatement Funding › 90-6-212. Repealed

90-6-212. Repealed.
Sec. 7, Ch. 204, L. 1997.
History: En. Sec. 9, Ch. 662, L. 1987; amd. Sec. 47, Ch. 11, Sp. L. June 1989; amd. Sec. 2, Ch. 503, L. 1993; amd. Sec. 80, Ch. 509, L. 1995.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 6. Community Impact -- Planning and Abatement › Part 2. Coal Impacts -- Evaluation and Abatement Funding › 90-6-213. Exemption from environmental review

90-6-213. Exemption from environmental review.
The coal board is exempt from the provisions of Title 75, chapter 1, parts 1 and 2, when authorizing grants related to providing government services and facilities, expediting the construction, repair, and maintenance of a highway, or paying for prepaid property taxes for a major new industrial facility pursuant to this part.
History: En. Sec. 2, Ch. 113, L. 2023.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 6. Community Impact -- Planning and Abatement › Part 3. Hard-Rock Mining Impact › 90-6-301. Declaration of necessity and purpose

90-6-301. Declaration of necessity and purpose.
The large-scale development of mineral deposits in the state may cause an influx of people directly related to the area of the development. This influx of people and the corresponding increase in demand for local government facilities and services may create a burden on the local taxpayer. There is a significant lag time between the time when additional facilities and services must be provided and the time when additional tax revenue is available as a result of the increased tax base. In addition, local government units in whatever jurisdiction the development is not located may receive substantial adverse economic impacts without benefit of a major increased tax base in the future. There is therefore a need to provide a system to assist local government units in meeting the initial financial impact of large-scale mineral development.
History: En. Sec. 2, Ch. 617, L. 1981; amd. Sec. 2, Ch. 311, L. 1987.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 6. Community Impact -- Planning and Abatement › Part 3. Hard-Rock Mining Impact › 90-6-302. Definitions

90-6-302. Definitions.
In this part, the following definitions apply:
(1) "Board" means the hard-rock mining impact board established in 2-15-1822.
(2) "Bonds" include bonds, notes, warrants, debentures, certificates of indebtedness, temporary bonds, temporary notes, interim receipts, interim certificates, and all instruments or obligations evidencing or representing indebtedness or evidencing or representing the borrowing of money or evidencing or representing a charge, lien, or encumbrance on specific revenue, special assessments, income, or property of a political subdivision, including all instruments or obligations payable from a special fund.
(3) "Facility" means a facility that is owned, operated, or maintained by a local government unit and that, under the impact plan submitted under the provisions of 90-6-307, can be expected to have increased capital and operating costs as a result of the large-scale mineral development.
(4) "Large-scale mineral development" means the construction or operation of a hard-rock mine and the associated milling facility for which a permit is applied for under 82-4-335, and for which the average number of persons on the payroll of the mineral developer and of contractors at the mineral development exceeds or is projected to exceed 75 for any consecutive 6-month period. A mining operation that would qualify as a large-scale mineral development under this subsection is not a large-scale mineral development if the mine owner and operator are small miners as defined in 82-4-303.
(5) "Local government unit" means a county, city, town, school district, or any of the following independent special districts:
(a) rural fire district;
(b) public hospital district;
(c) solid waste management district;
(d) county water and sewer district;
(e) county water district;
(f) county sewer district; or
(g) park district.
(6) (a) "Property tax prepayment" means a potentially reimbursable impact payment made by the developer of a large-scale mineral development to the impact fund of an affected unit of local government pursuant to an approved impact plan to be expended for the purpose or purposes identified in the plan.
(b) The term does not mean a payment or prepayment of property taxes for general distribution among funds or accounts.
History: En. Sec. 3, Ch. 617, L. 1981; amd. Sec. 8, Ch. 453, L. 1985; amd. Sec. 4, Ch. 582, L. 1985; amd. Sec. 1, Ch. 227, L. 1991; amd. Sec. 2, Ch. 464, L. 1999; amd. Sec. 82, Ch. 7, L. 2001.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 6. Community Impact -- Planning and Abatement › Part 3. Hard-Rock Mining Impact › 90-6-303. Presiding officer -- meetings -- facilities -- funding

90-6-303. Presiding officer -- meetings -- facilities -- funding.
(1) The board shall elect a presiding officer from among its members.
(2) The board shall meet as necessary or as called by the presiding officer or a majority of the members.
(3) The board is allocated to the department of commerce for administrative purposes only as provided in 2-15-121.
(4) The administrative and operating expenses of the board must be paid from revenue deposited to the credit of the hard-rock mining impact trust account from the license tax on metal mines imposed under Title 15, chapter 37.
History: En. Sec. 4, Ch. 617, L. 1981; amd. Sec. 7, Ch. 619, L. 1983; amd. Sec. 2875, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 6. Community Impact -- Planning and Abatement › Part 3. Hard-Rock Mining Impact › 90-6-305. Hard-rock mining impact board -- general powers

90-6-305. Hard-rock mining impact board -- general powers.
(1) The board may:
(a) retain professional staff, including its administrative staff, and retain consultants and advisers, notwithstanding the provisions of 2-15-121;
(b) adopt rules governing its proceedings, determinations, and administration of this part;
(c) make payments to local government units from money paid to the hard-rock mining impact account as provided in 90-6-307;
(d) make determinations as provided in 90-6-307, 90-6-311, and 90-6-403(3); and
(e) accept grants and other funds to be used in carrying out this part.
(2) The provisions of the Montana Administrative Procedure Act apply to the proceedings and determinations of the board.
History: En. Sec. 6, Ch. 617, L. 1981; amd. Sec. 2, Ch. 489, L. 1983; amd. Sec. 9, Ch. 619, L. 1983; amd. Sec. 15, Ch. 672, L. 1989; amd. Sec. 1, Ch. 376, L. 1991; amd. Sec. 11, Ch. 307, L. 2001.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 6. Community Impact -- Planning and Abatement › Part 3. Hard-Rock Mining Impact › 90-6-306. Repealed

90-6-306. Repealed.
Sec. 12, Ch. 307, L. 2001.
History: En. Sec. 7, Ch. 617, L. 1981; amd. Sec. 10, Ch. 619, L. 1983; amd. Sec. 16, Ch. 672, L. 1989.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 6. Community Impact -- Planning and Abatement › Part 3. Hard-Rock Mining Impact › 90-6-308. Permit procedure and review of impact plan to run concurrently

90-6-308. Permit procedure and review of impact plan to run concurrently.
It is intended that the procedure for fulfilling the permit requirement of 82-4-335 and the review of the impact plan by the board under 90-6-307(5) and (6), if review occurs, are to run concurrently.
History: En. Sec. 9, Ch. 617, L. 1981; amd. Sec. 4, Ch. 311, L. 1987.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 6. Community Impact -- Planning and Abatement › Part 3. Hard-Rock Mining Impact › 90-6-309. Tax prepayment -- large-scale mineral development

90-6-309. Tax prepayment -- large-scale mineral development.
(1) After permission to commence operation is granted by the appropriate governmental agency and upon request of the governing body of a county in which a facility is to be located, a person intending to construct or locate a large-scale mineral development in this state shall prepay property taxes as specified in the impact plan. This prepayment must exclude the 6-mill university levy established under 15-10-109 and may exclude the mandatory county levies for the school BASE funding program established in 20-9-331 and 20-9-333.
(2) The person who is to prepay under this section is not obligated to prepay the entire amount established in subsection (1) at one time. Upon request of the governing body of an affected local government unit, the person shall prepay the amount shown to be needed from time to time as determined by the board.
(3) The person who is to prepay shall guarantee to the hard-rock mining impact board, through an appropriate financial institution, as may be required by the board, that property tax prepayments will be paid as needed for expenditures created by the impacts of the large-scale mineral development.
(4) When the mineral development facilities are completed and assessed by the department of revenue, they are subject during the first 3 years and thereafter to taxation as all other property similarly situated, except that in each year after the start of production, the local government unit that received a property tax prepayment shall provide for repayment of prepaid property taxes in accordance with subsection (5).
(5) A local government unit that received all or a portion of the property tax prepayment under this section shall provide for tax crediting as specified in the impact plan. The tax credit allowed in any year may not, however, exceed the tax obligation of the developer for that year, and the time period for tax crediting is limited to the productive life of the mining operation.
History: En. Sec. 10, Ch. 617, L. 1981; amd. Sec. 4, Ch. 489, L. 1983; amd. Sec. 6, Ch. 582, L. 1985; amd. Sec. 48, Ch. 11, Sp. L. June 1989; amd. Sec. 55, Ch. 633, L. 1993; amd. Sec. 7, Ch. 57, L. 2009; amd. Sec. 39, Ch. 3, L. 2019.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 6. Community Impact -- Planning and Abatement › Part 3. Hard-Rock Mining Impact › 90-6-311. Impact plan amendments

90-6-311. Impact plan amendments.
(1) The impact plan may provide for amendment under definite conditions specified in the plan. Also, the governing body of an affected county or the mineral developer may petition the board for an amendment to an approved impact plan if:
(a) employment at the large-scale mineral development is forecast to increase or decrease by at least 75 persons, as determined under 90-6-302(4), over or under the employment levels contemplated by the approved impact plan; or
(b) it becomes apparent that an approved impact plan is materially inaccurate because of errors in assessment and 2 years have not elapsed since the date the facility begins commercial production; or
(c) the governing body of an affected county and the mineral developer join in a petition to amend the impact plan.
(2) Within 10 days of receipt the board shall publish notice of the petition at least once in a newspaper of general circulation in the affected county. The petition must include:
(a) an explanation of the need for an amendment;
(b) a statement of the facts and circumstances underlying the need for an amendment; and
(c) a description of the corrective measures proposed by the petitioner.
(3) Within 60 days after notice that the petition has been received, an affected local government unit or the mineral developer must notify the board in writing if such person objects to the amendments proposed by the petitioner, specifying the reasons why the impact plan should not be amended as proposed. If no objection is received within the 60-day period, the impact plan must be amended by the board as proposed by the petitioner.
(4) If an objection is received, within 10 days of its receipt, the board shall notify the petitioner and include a copy of all objections received by the board. If the objecting party and the petitioner cannot resolve the objections within 30 days after the expiration of the 60-day period, the board shall conduct a hearing on the validity of the objections within 30 days after the failure of the parties to resolve the objections. The hearing must be held in the affected county or, if objections are received from local government units in more than one county, must be held in the county which in the board's judgment is more greatly affected. The provisions of the Montana Administrative Procedure Act apply to the conduct of the hearing.
(5) Following the hearing, the board shall make findings as to those portions of the amendments which were objected to and, if appropriate, amend the impact plan accordingly. The board shall cause the findings and impact plan, as amended, to be served on all parties. Any local government unit or the developer is entitled to judicial review, as provided by Title 2, chapter 4, part 7, in the district court for the judicial district in which the hearing was held.
History: En. Sec. 5, Ch. 489, L. 1983; amd. Sec. 7, Ch. 582, L. 1985; amd. Sec. 6, Ch. 227, L. 1991.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 6. Community Impact -- Planning and Abatement › Part 3. Hard-Rock Mining Impact › 90-6-321. Repealed

90-6-321. Repealed.
Sec. 21, Ch. 672, L. 1989.
History: En. Sec. 2, Ch. 619, L. 1983.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 6. Community Impact -- Planning and Abatement › Part 3. Hard-Rock Mining Impact › 90-6-322. Repealed

90-6-322. Repealed.
Sec. 21, Ch. 672, L. 1989.
History: En. Sec. 3, Ch. 619, L. 1983.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 6. Community Impact -- Planning and Abatement › Part 3. Hard-Rock Mining Impact › 90-6-323. Local government budget authority

90-6-323. Local government budget authority.
A local government unit may budget and expend payments received from a mineral developer under this part or part 4 of this chapter or pursuant to a plan approved under this part. If a payment is requested or received after the adoption of the budget for the fiscal year in which the payment is to be expended, the governing body of the local government unit may by a majority vote amend its budget to provide for the receipt and expenditure of the payment.
History: En. Sec. 8, Ch. 582, L. 1985.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 6. Community Impact -- Planning and Abatement › Part 3. Hard-Rock Mining Impact › 90-6-331. Payment to counties -- statutory appropriation

90-6-331. (Temporary) Payment to counties -- statutory appropriation.
Prior to each October 31, all money segregated by county in the hard-rock mining impact trust account following allocation to the hard-rock mining impact trust account established in 90-6-304(2) as of the immediately preceding September 30 must be paid to the county for which the funds have been held in deposit. The payments to the counties are statutorily appropriated as provided in 17-7-502. The funds received by the county must be deposited in the county hard-rock mine trust account established in 7-6-2225. (Terminates June 30, 2027--sec. 1, Ch. 213, L. 2017.)
90-6-331. (Effective July 1, 2027) Fund transfer.
Prior to each October 31, all money segregated by county in the hard-rock mining impact trust account following allocation to the hard-rock mining impact trust account established in 90-6-304(2) as of September 30 immediately preceding must be transferred to the county for which the funds have been held in deposit. The funds transferred must be deposited in the county hard-rock mine trust account established in 7-6-2225.
History: En. Sec. 10, Ch. 672, L. 1989; amd. Sec. 2, Ch. 376, L. 1991; amd. Sec. 2, Ch. 616, L. 1991; amd. Sec. 37, Ch. 389, L. 1999; amd. Sec. 4, Ch. 464, L. 1999; amd. Sec. 5, Ch. 598, L. 2005; amd. Sec. 3, Ch. 442, L. 2009.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 6. Community Impact -- Planning and Abatement › Part 4. Hard-Rock Mining Impact Property Tax Base Sharing › 90-6-401. Declaration of necessity and purpose

90-6-401. Declaration of necessity and purpose.
The commencement of new large-scale hard-rock mineral developments often results in revenue disparities among adjacent local government units. This occurs primarily when a mine that locates in one taxing jurisdiction causes population influxes in neighboring jurisdictions. The result can be that some jurisdictions will experience a need to increase expenditures and receive no corresponding increase in revenue, while others will experience an increase in revenue and receive no comparable increase in expenditures. There is therefore a need to allocate the increase in property tax base resulting from the development and operation of new large-scale mines so that property tax revenues will be equitably distributed among affected local government units.
History: En. Sec. 1, Ch. 635, L. 1983.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 6. Community Impact -- Planning and Abatement › Part 4. Hard-Rock Mining Impact Property Tax Base Sharing › 90-6-402. Definitions

90-6-402. Definitions.
As used in this part, the following definitions apply:
(1) "Affected local government unit" means a local government unit that will experience a need to increase services or facilities as a result of the commencement of large-scale mineral development or within which a large-scale mineral development is located in accordance with an impact plan adopted pursuant to 90-6-307.
(2) "Board" means the hard-rock mining impact board established in 2-15-1822.
(3) "Jurisdictional revenue disparity" means property tax revenues resulting from a large-scale hard-rock mineral development that are inequitably distributed among affected local government units as finally determined by the board in an approved impact plan.
(4) "Large-scale mineral development", for the purposes of this part, is defined in 90-6-302.
(5) "Local government unit", for the purposes of this part, means a county, municipality, or school district.
(6) "Mineral development employee" means a person who resides within the jurisdiction of an affected local government unit as a result of employment with a large-scale mineral development or its contractors or subcontractors.
(7) "Mineral development student" means a student whose parent or guardian resides within the jurisdiction of an affected local government unit as a result of employment with a large-scale mineral development or its contractors or subcontractors.
(8) "Taxable valuation" of a mineral development means the total of the gross proceeds taxable percentage specified in 15-6-132(2) when added to the taxable percentages of real property, improvements, machinery, equipment, and other property classified under Title 15, chapter 6, part 1.
History: En. Sec. 2, Ch. 635, L. 1983; amd. Sec. 88, Ch. 11, Sp. L. June 1989.
2023 Montana Code Annotated › Title 90. Planning, Research, and Development › Chapter 6. Community Impact -- Planning and Abatement › Part 4. Hard-Rock Mining Impact Property Tax Base Sharing › 90-6-403. Jurisdictional revenue disparity -- conditioned exemption and reallocation of certain taxable valuation

90-6-403. Jurisdictional revenue disparity -- conditioned exemption and reallocation of certain taxable valuation.
(1) When an impact plan for a large-scale mineral development approved pursuant to 90-6-307 identifies a jurisdictional revenue disparity, the board shall promptly notify the developer, all affected local government units, and the department of revenue of the disparity. Except as provided in 90-6-404 and this section, the increase in taxable valuation of the mineral development that occurs after the issuance and validation of a permit under 82-4-335 is not subject to the usual application of county and school district property tax mill levies. This increase in taxable valuation must be allocated to local government units as provided in 90-6-404. The increase in taxable valuation allocated as provided in 90-6-404 is subject to 15-10-420 and the application of property tax mill levies in the local government unit to which it is allocated. The increase in taxable valuation allocated to the local government unit is considered newly taxable property in the recipient local government unit as provided in 15-10-420.
(2) Subject to 15-10-420, the total taxable valuation of a large-scale mineral development remains subject to the statewide mill levies and basic county levies for elementary and high school BASE funding programs as provided in 20-9-331 and 20-9-333.
(3) The provisions of subsection (1) remain in effect until the large-scale mineral development ceases operations or until the existence of the jurisdictional revenue disparity ceases, as determined by the board.
History: En. Sec. 3, Ch. 635, L. 1983; amd. Sec. 5, Ch. 311, L. 1987; amd. Sec. 55, Ch. 633, L. 1993; amd. Sec. 164, Ch. 584, L. 1999.