reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.84 - RENEWABLE ENERGY GRANT AND LOAN PROGRAM › Subchapter 17.84.1 - Renewable Energy Grant and Loan Program › Rule 17.84.113 - CHANGES OR ADDITIONS

Current through Register Vol. 13, July 5, 2024
(1) If an applicant
				desires to change or to add to an application other than as required by ARM
				17.84.112 after it is formally
				filed, the applicant shall submit the change or addition to the department in
				writing. The department will consider any substantial change or addition to an
				application to constitute a new application. No substantial changes or
				additions to an application will be accepted after the deadlines for submittal
				set forth in ARM
				17.84.114.
90/4/104, MCA; IMP,
					 90-4-104,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.84 - RENEWABLE ENERGY GRANT AND LOAN PROGRAM › Subchapter 17.84.1 - Renewable Energy Grant and Loan Program › Rule 17.84.114 - APPLICATION SUBMITTAL DEADLINES

Current through Register Vol. 13, July 5, 2024
(1)
				Applications for unsolicited grants must be submitted prior to November 1 or at
				other times specified by the department.
(2) Applications for solicited grants must be
				submitted at times specified by the department.
(3) Loan applications must be submitted to
				the department prior to January 1 or at other times specified by the
				department.
90-4-104, MCA; IMP,
					 90-4-104,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.84 - RENEWABLE ENERGY GRANT AND LOAN PROGRAM › Subchapter 17.84.1 - Renewable Energy Grant and Loan Program › Rule 17.84.115 - APPLICATION EVALUATION PROCEDURE

Current through Register Vol. 13, July 5, 2024
(1) The
				department will accept and review each application to determine whether it is
				in substantial compliance with the Act and these rules. If the department
				determines that the application is not in substantial compliance, the
				application will be considered deficient and the department will return the
				application, notifying the applicant in writing and listing the application
				deficiencies. The application may be re-submitted after the necessary revisions
				have been made. All listed deficiencies must be corrected and the revised
				application filed in compliance with ARM
				17.84.111 prior to the submittal
				deadline to be eligible for funding consideration.
(2) Grant applications received for
				consideration in each period will be compared with one another for relative
				merit as well as evaluated for individual merit. The technical soundness of the
				proposed project, the public benefits associated with the proposed project, and
				the likelihood that the proposed project will lessen reliance on nonrenewable
				energy sources will be evaluated in determining the merits of each application.
				The department will fund those grant applications showing the highest
				individual and relative merit consistent with the availability of
				funds.
(3) The department will
				evaluate loan applications independent of one another to determine whether the
				loan application meets minimum standard technical criteria established by the
				department. Applicants whose applications meet these criteria will be
				authorized for loan consideration subject to the availability of funds and the
				participation of a financial institution.
(4) The department shall make the final
				decision concerning which applications to fund.
90-4-104, MCA; IMP,
					 90-4-104,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.84 - RENEWABLE ENERGY GRANT AND LOAN PROGRAM › Subchapter 17.84.1 - Renewable Energy Grant and Loan Program › Rule 17.84.116 - ENVIRONMENTAL FEASIBILITY AND COMPLIANCE WITH STATUTES AND RULES

Current through Register Vol. 13, July 5, 2024
(1) The applicant shall demonstrate the
				probable environmental and ecological consequences of the proposed project by
				considering all areas of concern identified on an environmental checklist
				supplied by the department. The department will assess these results to
				determine if a proposed project or activity is environmentally acceptable. If
				the project or activity constitutes a major state action or further information
				is necessary, an environmental impact statement may be required as prescribed
				by the administrative rules governing the Montana Environmental Policy
				Act.
(2) The applicant shall
				certify that the proposed project or activity will comply with applicable
				statutory and regulatory standards such as those protecting the quality of
				resources such as air, water, land, fish, wildlife and recreational
				opportunities.
90-4-104, MCA; IMP,
					 90-4-101,
					 90-4-104,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.84 - RENEWABLE ENERGY GRANT AND LOAN PROGRAM › Subchapter 17.84.1 - Renewable Energy Grant and Loan Program › Rule 17.84.121 - CONDITIONS ON GRANTS

Current through Register Vol. 13, July 5, 2024
(1) Funds granted
				under the terms of the Act and these rules shall be used only for the purposes
				described in the contract. Accurate records must be kept by the grant recipient
				documenting all expenditures.
(2)
				Grant recipients shall be required to make their projects open to the public
				during reasonable hours for a period of time specified in the
				contract.
(3) The department will
				retain the right to inspect and monitor the performance of all projects for a
				specified period of up to 5 years after completion of the project.
(4) The department will require the grant
				recipient to assist, guide and inform the department during on-site
				investigations. The department may make such investigations at its
				discretion.
(5) The grant recipient
				shall operate and maintain his funded project for a specified period to comply
				with the performance monitoring provisions.
(6) All patents and copyrights that result
				directly from projects funded in whole or in part by a grant made under the Act
				and these rules shall be the property of the department.
90-4-104, MCA; IMP,
					 90-4-104,
					 90-4-106,
					 90-4-107,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.84 - RENEWABLE ENERGY GRANT AND LOAN PROGRAM › Subchapter 17.84.1 - Renewable Energy Grant and Loan Program › Rule 17.84.122 - GRANT CONTRACT

Current through Register Vol. 13, July 5, 2024
(1) If an
				applicant's proposal is approved and determined to be appropriate for funding
				by a grant pursuant to ARM
				17.84.107, the department will
				enter into a contractual grant agreement with the applicant under such terms
				and conditions as the department considers necessary.
90-4-104, MCA; IMP,
					 90-4-104,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.84 - RENEWABLE ENERGY GRANT AND LOAN PROGRAM › Subchapter 17.84.1 - Renewable Energy Grant and Loan Program › Rule 17.84.123 - PAYMENT OF GRANTS

Current through Register Vol. 13, July 5, 2024
(1) Upon approval
				of an application by the department, funds will be set aside for that
				particular project.
(2) The
				department will reimburse the grantee only for actual and necessary
				expenditures incurred in compliance with the grant contract.
(3) Any balance of a grant that remains
				unused at the conclusion of the contract period shall revert to the
				department.
90-4-104, MCA; IMP,
					 90-4-103,
					 90-4-104,
					 90-4-107,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.84 - RENEWABLE ENERGY GRANT AND LOAN PROGRAM › Subchapter 17.84.1 - Renewable Energy Grant and Loan Program › Rule 17.84.124 - REPORTS AND ACCOUNTING

Current through Register Vol. 13, July 5, 2024
(1) Each grant
				recipient shall submit periodic progress reports as specified by the department
				and shall submit a final report to the department within 3 months following the
				completion of the contract period.
(2) Grant recipients shall make oral or
				written presentations of progress if requested to do so by the
				department.
(3) The grant recipient
				shall adequately account for expenditures in a manner acceptable to the
				department. All records, reports, and other documents that relate to the
				project and that are required by the department to be maintained by the grant
				recipient are subject to audit by the office of the legislative auditor, the
				department, and, where required by law, the legislative fiscal
				analyst.
90-4-104, MCA; IMP,
					 90-4-103,
					 90-4-104,
					 90-4-107,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.84 - RENEWABLE ENERGY GRANT AND LOAN PROGRAM › Subchapter 17.84.1 - Renewable Energy Grant and Loan Program › Rule 17.84.125 - SOLICITED GRANT PROPOSALS

Current through Register Vol. 13, July 5, 2024
(1) The department
				may issue a request for a proposal (RFP) at any time to initiate projects to
				meet program goals and objectives and may fund solicited proposals at any
				time.
(2) The RFP will describe the
				objectives of the project, the maximum funding that is available for the
				project, the deadline for submittal, and the criteria that will be used to
				evaluate applications submitted in response to the RFP. The RFP will be sent to
				consultants who are on the department's bid list, maintained in compliance with
				Title 18, chapter 8, part 1, MCA, and will be advertised and sent to other
				selected groups or individuals that the department considers to have the
				necessary credentials and experience to successfully carry out the
				project.
90-4-104, MCA; IMP,
					 90-4-104,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.84 - RENEWABLE ENERGY GRANT AND LOAN PROGRAM › Subchapter 17.84.1 - Renewable Energy Grant and Loan Program › Rule 17.84.130 - APPLICATIONS AND RESULTS PUBLIC

Current through Register Vol. 13, July 5, 2024
(1)
				Applications submitted to the department under the Act and these rules are
				subject to public review. The applicant waives any claim of confidentiality by
				filing an application with the department.
(2) The results of all projects that are
				funded shall be made public.
90-4-104, MCA; IMP,
					 90-4-106,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.84 - RENEWABLE ENERGY GRANT AND LOAN PROGRAM › Subchapter 17.84.1 - Renewable Energy Grant and Loan Program › Rule 17.84.131 - LOAN CONDITIONS

Current through Register Vol. 13, July 5, 2024
(1) No loan will be
				made under the Act and these rules to refinance existing debt previously
				incurred by the applicant.
(2) The
				maximum term for loans is 10 years.
(3) Loans made under the Act and these rules
				shall be used only for the purposes described in the loan
				application.
(4) The department's
				participation in any loan made through a financial institution under the Act
				and these rules shall not exceed 90% of the principal loan amount.
90-4-104, MCA; IMP,
					 90-4-101,
					 90-4-104,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.84 - RENEWABLE ENERGY GRANT AND LOAN PROGRAM › Subchapter 17.84.1 - Renewable Energy Grant and Loan Program › Rule 17.84.132 - AUTHORIZATION FOR LOAN CONSIDERATION

Current through Register Vol. 13, July 5, 2024
(1) If
				an applicant's proposal is approved and determined to be appropriate for
				funding by a loan pursuant to ARM
				17.84.103, the department will
				provide the applicant with a letter of authorization for loan
				consideration.
(2) The letter of
				authorization for loan consideration will certify to financial institutions
				that:
(a) the applicant's proposal is
				consistent with the purposes of the Act and these rules; and
(b) the department will consider
				participation in a loan made by a financial institution for the purposes
				described in the proposal subject to the availability of funds.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.84 - RENEWABLE ENERGY GRANT AND LOAN PROGRAM › Subchapter 17.84.1 - Renewable Energy Grant and Loan Program › Rule 17.84.133 - EVALUATION OF LOAN REQUESTS

Current through Register Vol. 13, July 5, 2024
(1) The
				applicant shall choose a financial institution to consider his loan request and
				shall provide the department's letter of authorization for loan consideration
				to the lender.
(2) The department
				will participate in a loan made by a financial institution only if the
				applicant submits to the department:
(a)
				written evidence that the financial institution has investigated and analyzed
				the applicant's loan request and related materials in the same manner as its
				other loan requests and consistent with the standard practices of financial
				institutions considering the type, size, risk, and complexity of the loan
				requested and the type of applicant, and
(b) a signed servicing agreement the terms
				and conditions of which have previously been approved by the department
				evidencing the financial institution's intent to originate the loan under the
				conditions previously described by the department.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.84 - RENEWABLE ENERGY GRANT AND LOAN PROGRAM › Subchapter 17.84.1 - Renewable Energy Grant and Loan Program › Rule 17.84.134 - INTEREST RATES

Current through Register Vol. 13, July 5, 2024
(1) A financial
				institution when making a loan to an applicant authorized for loan
				consideration by the department, may set the rate of interest on its share of a
				loan. The financial institution may charge a fixed or a variable rate on its
				share.
(2) The department shall
				charge a fixed interest rate on its share of a loan. The rate of interest the
				department charges on its loan share shall be equal to the federal reserve
				discount rate on the day the loan closes.
(3) The effective interest rate to the
				applicant will be the weighted average based on the respective prorata
				participation of the financial institution and the department.
90-4-104, MCA; IMP,
					 90-4-101,
					 90-4-104,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.85 - ALTERNATIVE ENERGY REVOLVING LOAN PROGRAM › Subchapter 17.85.1 - Alternative Energy Revolving Loan Program › Rule 17.85.101 - POLICY AND PURPOSE OF RULES

Current through Register Vol. 13, July 5, 2024
(1) Title 75,
				chapter 25, part 1, MCA, establishes a revolving loan program administered by
				the department for the purpose of increasing the number of alternative energy
				systems installed in Montana that generate energy for the use, either off-grid
				or grid-connected, of the entities listed in Title 75, chapter 25, part 1, MCA.
				This subchapter provides criteria and guidelines to aid the department in
				implementing the law, defines eligibility criteria, identifies the processes
				and procedures for disbursing loans, and prescribes the terms and conditions
				for making loans, including repayment schedules and interest.
75-25-102, MCA; IMP,
					 75-25-102,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.85 - ALTERNATIVE ENERGY REVOLVING LOAN PROGRAM › Subchapter 17.85.1 - Alternative Energy Revolving Loan Program › Rule 17.85.103 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
Unless the context requires otherwise, as used in this
				  subchapter:
(1) "Act" means the
				alternative energy revolving loan statutes set out in Title 75, chapter 25,
				part 1, MCA.
(2) "Alternative energy
				system" has the same meaning as in
				15-32-102, MCA.
(3) "Capital investment" has the same meaning
				as in Title 15, chapter 32, part 1, MCA.
(4) "Capital investments for energy
				conservation purposes when done in conjunction with an alternative energy
				system" means a capital investment that is used for an energy conservation
				purpose that is in the same structure as, and is constructed, installed, or
				otherwise put in service as part of, or at about the same time as, an
				alternative energy system to reduce the size of energy system needed.
(5) "Customer-generator" has the same meaning
				as in 69-8-103, MCA.
(6) "Department" means the Montana Department
				of Environmental Quality established by
				2-15-3501, MCA.
(7) "Geothermal system" means a system that
				transfers energy either from the ground, by way of a closed loop, or from
				ground water, by way of an open loop, for the purpose of heating or cooling a
				building or for a commercial or industrial process.
(8) "Low emission wood or biomass combustion
				device" is a device that meets the standards:
(a) in
				15-32-102, MCA; or
(b) adopted by a local air pollution control
				program established under
				75-2-301, MCA.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.85 - ALTERNATIVE ENERGY REVOLVING LOAN PROGRAM › Subchapter 17.85.1 - Alternative Energy Revolving Loan Program › Rule 17.85.104 - PROGRAM ADMINISTRATION

Current through Register Vol. 13, July 5, 2024
(1) The
				department may enter into a contract with, and compensate, a third party to
				perform any of the duties necessary to fulfill the purposes of this subchapter
				including, but not limited to:
(a)
				technically review, evaluate, and approve applications;
(b) execute loan agreements;
(c) secure and service loans;
(d) collect loan payments; and
(e) conduct collections for defaulted
				loans.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.85 - ALTERNATIVE ENERGY REVOLVING LOAN PROGRAM › Subchapter 17.85.1 - Alternative Energy Revolving Loan Program › Rule 17.85.105 - ELIGIBLE PROJECTS

Current through Register Vol. 13, July 5, 2024
(1) The department
				shall fund alternative energy projects and capital investments for energy
				conservation purposes when done in conjunction with an alternative energy
				system that the department determines will best promote the use of alternative
				energy sources and distributed generation, as set forth in the state's Energy
				Policy Act (
				90-4-1001, MCA).
(2) To be eligible for funding, a project
				must be:
(a) located within
				Montana;
(b) technically
				appropriate for Montana's climate; and
(c) the construction or installation of an
				alternative energy system that generates energy through a proven methodology
				for the sole use of the customer-generator or for net metering, or for capital
				investments for energy conservation purposes when done in conjunction with an
				alternative energy system in a structure owned or leased by an entity listed in
				Title 75, chapter 25, part 1, MCA, as an eligible recipient of a
				loan.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.85 - ALTERNATIVE ENERGY REVOLVING LOAN PROGRAM › Subchapter 17.85.1 - Alternative Energy Revolving Loan Program › Rule 17.85.106 - ELIGIBLE APPLICANTS

Current through Register Vol. 13, July 5, 2024
(1) Unless
				specifically excluded in (2), the department may consider an application from a
				person listed in
				75-25-101, MCA, for a loan to fund
				a project under the Act and these rules.
(2) The department may not consider an
				application for a loan from the following person or that person's immediate
				family:
(a) a department employee whose
				duties are directly related to energy conservation or alternative energy;
				and
(b) a department contractor
				actively working on energy conservation or alternative energy projects at the
				time of application.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.85 - ALTERNATIVE ENERGY REVOLVING LOAN PROGRAM › Subchapter 17.85.1 - Alternative Energy Revolving Loan Program › Rule 17.85.107 - SIZE OF AWARDS

Current through Register Vol. 13, July 5, 2024
(1) The maximum
				amount of money that the department may lend for a single project or applicant
				is the amount set in Title 75, chapter 25, part 1, MCA.
75-25-102, MCA; IMP,
					 75-25-102,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.85 - ALTERNATIVE ENERGY REVOLVING LOAN PROGRAM › Subchapter 17.85.1 - Alternative Energy Revolving Loan Program › Rule 17.85.110 - APPLICATION PROCEDURE

Current through Register Vol. 13, July 5, 2024
(1) An applicant
				shall submit to the department an application on forms prescribed and made
				available by the department. An applicant shall provide additional copies upon
				request of the department or its contractor.
(2) An applicant shall submit itemized costs
				for equipment and installation and any additional or supplemental material as
				requested by the department.
(3)
				The department may require a new application and fee if the applicant makes
				substantial revisions to the application.
(4) The department may accept applications at
				any time. The department shall evaluate applications for funding each time
				funds are available, up to one year from the date of application filing. An
				applicant may resubmit a proposal following the one-year evaluation
				period.
75-25-102, MCA; IMP,
					 75-25-102,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.85 - ALTERNATIVE ENERGY REVOLVING LOAN PROGRAM › Subchapter 17.85.1 - Alternative Energy Revolving Loan Program › Rule 17.85.111 - APPLICATION EVALUATION PROCEDURE

Current through Register Vol. 13, July 5, 2024
(1) The
				department shall review each application for completeness and program
				eligibility. The department shall notify an applicant of a deficiency or
				ineligible project within 30 days after receiving an application and allow an
				applicant to correct a deficiency.
(2) For each loan application that meets the
				eligibility criteria in ARM
				17.85.105 and
				17.85.106, the department shall
				evaluate the application independently of other applications and determine
				whether the application meets the following technical criteria:
(a) equipment must be proven reliable and be
				commercially available;
(b)
				equipment and installation must meet all applicable certifications and
				standards, such as local building codes and utility interconnection
				requirements; and
(c) systems must
				use an alternative energy source.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.85 - ALTERNATIVE ENERGY REVOLVING LOAN PROGRAM › Subchapter 17.85.1 - Alternative Energy Revolving Loan Program › Rule 17.85.112 - ENVIRONMENTAL REVIEW AND COMPLIANCE WITH APPLICABLE STATE LAW

Current through Register Vol. 13, July 5, 2024
(1) Prior to issuing a loan under ARM
				17.85.111, the department shall
				review each application to determine if a categorical exclusion from
				environmental review, as defined in ARM
				17.4.603, applies. A categorical
				exclusion may apply if the requirements of (3) through (5) are met. If the
				department determines that a categorical exclusion does not apply, the
				department shall conduct a review under ARM Title 17, chapter 4, subchapter 6,
				to determine if loan issuance may result in significant effects to the quality
				of the human environment.
(2) The
				proposed project or activity must comply with applicable statutory and
				regulatory requirements protecting the quality of resources such as air, water,
				land, fish, wildlife, and recreational opportunities.
(3) Except as provided in (4), the granting
				of a loan under this subchapter is categorically excluded from the requirement
				in Title 75, chapter 1, part 2, MCA, to conduct an environmental review if the
				loan is for any of the following projects:
(a) solar electricity/photovoltaic
				(solar/PV):
(i) an appropriately sized system
				or unit on an existing rooftop; or
(ii) a 60 kilowatt (kW) or less system
				installed on the ground;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.85 - ALTERNATIVE ENERGY REVOLVING LOAN PROGRAM › Subchapter 17.85.1 - Alternative Energy Revolving Loan Program › Rule 17.85.113 - APPLICATIONS AND RESULTS PUBLIC

Current through Register Vol. 13, July 5, 2024
(1)
				Applications and information submitted to the department pursuant to this
				subchapter may be made public, except in cases in which the demand of
				individual privacy clearly exceeds the merits of public disclosure. The
				department may publish lists of projects, including applicant names, locations,
				technologies, and amounts loaned. The department shall keep personal
				information needed for financial evaluation in a secure location.
75-25-102, MCA; IMP,
					 75-25-102,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.85 - ALTERNATIVE ENERGY REVOLVING LOAN PROGRAM › Subchapter 17.85.1 - Alternative Energy Revolving Loan Program › Rule 17.85.114 - LOAN TERMS AND CONDITIONS

Current through Register Vol. 13, July 5, 2024
(1) The repayment
				period of a loan may be agreed upon by the borrower and the department, but may
				not exceed the period set forth in Title 75, chapter 25, part 1, MCA.
(2) A borrower shall use the money obtained
				from a loan made under the Act and these rules only for the purposes described
				in the loan application. A borrower shall implement a loan project within the
				time specified in the loan documents unless the department grants a written
				extension.
(3) The department may
				not issue a loan unless the department or its contractor determines that the
				borrower has the capacity to repay the loan.
(4) The department shall set the loan
				interest rate annually in January after evaluating:
(a) current commercial interest rates for
				similar loans;
(b) administrative
				costs of the program, including processing and evaluation costs;
(c) loan delinquency and default
				rates;
(d) the legislature's
				requirements for a low interest rate and that the rate be at least 1%;
				and
(e) any other factor the
				department determines appropriate.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.85 - ALTERNATIVE ENERGY REVOLVING LOAN PROGRAM › Subchapter 17.85.1 - Alternative Energy Revolving Loan Program › Rule 17.85.115 - REPORTS AND ACCOUNTING

Current through Register Vol. 13, July 5, 2024
(1) During the
				construction/installation phase of the loan project, the department may require
				the loan recipient to provide oral or written progress reports.
(2) Upon completion of construction or
				installation, a loan recipient shall provide the department with documentation
				that the project was installed as indicated in the loan application.
				Documentation must include a photograph of the completed installation and any
				additional information requested by the department.
(3) The department may conduct site visits to
				verify installations and the loan recipient shall allow the department access
				at reasonable times for this purpose.
(4) Loan recipients shall maintain records,
				documents, and other information relating to the loan project and shall
				maintain records sufficient to account for all funds received and expended
				pursuant to their loan. All records, reports, and other documents that relate
				to the project are subject to audit by the office of the legislative auditor,
				the department, and where required by law, the legislative fiscal
				analyst.
75-25-102, MCA; IMP,
					 75-25-102,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.86 - ENERGY › Subchapter 17.86.1 - Wind Generation Facility Decommissioning and Bonding › Rule 17.86.101 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
In this subchapter, the following definitions apply:
(1) "Abandon" or "abandonment" means
				generating 10 percent or less of the monthly maximum generation potential, as
				determined by the facility's nameplate capacity, each month for 12 consecutive
				months.
(2) "Board" means the
				Board of Environmental Review as defined in
				75-26-301,
				MCA.
(3) "Collateral bond" means
				an indemnity agreement for a fixed amount, payable to the department, executed
				by the owner and supported by the deposit with the department of cash,
				negotiable bonds of the United States (not treasury certificates), state or
				municipalities of the United States, negotiable certificates of deposit or an
				irrevocable letter of credit of any bank organized or authorized to transact
				business in the United States or other surety acceptable to the
				department.
(4) "Commenced
				commercial operation" means:
(a) for a solar
				facility, the first date the facility's cumulative nameplate rated generating
				capacity is 2 megawatts or more and the facility delivers energy to the
				distribution or transmission system; or
(b) for a wind generation facility, the date
				the turbine commissioning completion certification is signed for the specific
				turbine whose nameplate rated capacity first brings the facility's cumulative
				nameplate rated generating capacity to 25 megawatts or more.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.86 - ENERGY › Subchapter 17.86.1 - Wind Generation Facility Decommissioning and Bonding › Rule 17.86.102 - OWNER RESPONSIBILITIES

Current through Register Vol. 13, July 5, 2024
(1) An owner of
				a facility shall:
(a) decommission its
				facility according to this subchapter and pay for all costs associated with
				decommissioning;
(b) commence
				decommissioning activities within 90 days after abandonment, unless the owner
				receives department approval of an alternative written plan for
				decommissioning;
(c) complete
				decommissioning within 24 months after abandonment, or according to a
				reasonable alternative schedule proposed by the owner and approved by the
				department upon a showing of good cause for the extension;
(d) notify the department in writing within
				30 days after abandonment; and
(e)
				notify the department in writing within 30 days after beginning onsite
				decommissioning activities.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.86 - ENERGY › Subchapter 17.86.1 - Wind Generation Facility Decommissioning and Bonding › Rule 17.86.106 - DETERMINATION OF BOND AMOUNT

Current through Register Vol. 13, July 5, 2024
(1) The
				department shall set the bond amount at the estimated amount for the department
				to perform the decommissioning work required of an owner.
(2) The bond amount must be based on:
(a) estimated costs submitted by the owner in
				accordance with ARM
				17.86.105
				with such costs estimated by using current machinery production handbooks and
				publications or other documented or substantiated cost estimates acceptable to
				the department;
(b) estimated
				costs to the department that may arise from applicable public contracting
				requirements or the need to bring personnel and equipment to the facility after
				its abandonment by the owner to perform decommissioning and reclamation work;
(c) estimated costs to the
				department that may arise from management and maintenance of the facility upon
				owner insolvency or abandonment, until full bond liquidation can be effected;
				and
(d) other cost information as
				may be required by or available to the department.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.86 - ENERGY › Subchapter 17.86.1 - Wind Generation Facility Decommissioning and Bonding › Rule 17.86.107 - BONDING DEADLINE

Current through Register Vol. 13, July 5, 2024
(1) Except as
				provided in (3) through (5), an owner shall submit a bond payable to the state
				of Montana in a form acceptable to the department under ARM
				17.86.115
				and in a sum determined by the department under ARM
				17.86.106,
				conditioned on the faithful decommissioning of the facility. The owner shall
				submit the bond by the applicable deadline in (2).
(2) Except as provided in (3) through (5):
(a) if a facility commenced commercial
				operation on or before January 1, 2007, the owner shall submit the
				decommissioning bond to the department prior to the conclusion of the 16th year
				after commencing commercial operation; or
(b) if a facility commenced commercial
				operation after January 1, 2007, the owner shall submit the decommissioning
				bond to the department prior to the conclusion of the 15th year of commencing
				commercial operation.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.86 - ENERGY › Subchapter 17.86.1 - Wind Generation Facility Decommissioning and Bonding › Rule 17.86.110 - PENALTIES FOR FAILURE TO SUBMIT BOND

Current through Register Vol. 13, July 5, 2024
(1) If
				an owner does not submit the bond in the amount determined by the department
				under ARM
				17.86.107 or
				replace a bond by the deadlines set forth in ARM
				17.86.116
				or
				17.86.117, the
				department shall mail written notice to the owner that the bond is overdue. If
				the owner does not submit the bond within 30 days after the department mailed
				the notice, the department may assess an administrative penalty in an amount
				provided in
				75-26-304(9)(a),
				MCA.
(2) An owner may appeal the
				department's penalty assessment to the board within 20 days after the
				department mails the owner written notice of the penalty.
AUTH:
					 75-26-310,
					 MCA; IMP:
					 75-26-304,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.86 - ENERGY › Subchapter 17.86.1 - Wind Generation Facility Decommissioning and Bonding › Rule 17.86.111 - REPLACEMENT OF BOND

Current through Register Vol. 13, July 5, 2024
(1) If the owner
				transfers ownership of the facility to a successor owner, the department shall
				release the bond posted by the owner in accordance with this rule within 90
				days. The successor owner shall, within 90 days after the transfer, provide a
				bond that meets the requirements of this subchapter.
(2) The owner must receive approval from the
				department prior to replacing any bond. The department shall approve a
				replacement bond if it meets the requirements of this subchapter.
AUTH:
					 75-26-310,
					 MCA; IMP:
					 75-26-304,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.86 - ENERGY › Subchapter 17.86.1 - Wind Generation Facility Decommissioning and Bonding › Rule 17.86.112 - ADJUSTMENT OF BOND AMOUNT

Current through Register Vol. 13, July 5, 2024
(1) Once every five
				years, an owner may request a reduction of the required bond amount by
				submitting to the department an amended decommissioning plan. If the department
				finds that the amended decommissioning plan reduces the estimated cost to the
				department to complete decommissioning, the department may approve reducing the
				bond. Prior to denying the request in whole or in part, the department shall
				consult with the owner.
(2) The
				department shall review each decommissioning plan and bond amount every five
				years after a facility is bonded, or when a new owner submits a revised
				decommissioning plan. The department may increase the amount of the bond if the
				facility has expanded or the cost to decommission a facility has otherwise
				increased. The department shall notify the owner of any proposed bond increase
				and provide the owner an opportunity for an informal conference on the
				proposal. If the department determines that the bond amount must be increased,
				it shall mail to the owner a written justification for the increase. The owner
				shall increase the bond amount within 90 days after the date the written
				justification was mailed.
AUTH:
					 75-26-310,
					 MCA; IMP:
					 75-26-304,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.86 - ENERGY › Subchapter 17.86.1 - Wind Generation Facility Decommissioning and Bonding › Rule 17.86.115 - FORM OF BOND

Current through Register Vol. 13, July 5, 2024
(1) The owner shall
				submit either a surety bond or a collateral bond in a form acceptable to the
				department by the deadline in ARM
				17.86.107.
(2) Liability under any bond, including
				separate bond increments or bonds applicable to a single facility, extends to
				the owner's entire facility.
AUTH:
					 75-26-310,
					 MCA; IMP:
					 75-26-304,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.86 - ENERGY › Subchapter 17.86.1 - Wind Generation Facility Decommissioning and Bonding › Rule 17.86.116 - SURETY BONDS

Current through Register Vol. 13, July 5, 2024
(1) An owner may
				satisfy the bonding requirements of this subchapter by submitting a surety bond
				that:
(a) is in an amount that does not
				exceed 10 percent of the surety's capital surplus account as shown on a balance
				sheet certified by a certified public accountant and submitted to the
				department;
(b) is in an amount
				that does not exceed three times the surety's maximum single
				obligation;
(c) is issued by a
				surety authorized by the Montana state auditor and listed in the United States
				Department of the Treasury Circular 570;
(d) has a power of attorney attached. The
				power of attorney must state that the surety has authorized the person issuing
				the bond to bind it to the bond's terms;
(e) provides a requirement and a mechanism
				for the surety to give prompt notice to the department and the owner of:
(i) any action alleging bankruptcy or
				insolvency of the surety or a violation that would result in suspension or
				revocation of the surety's authorization;
(ii) cancellation by the owner; and
(iii) cancellation or pending cancellation by
				the surety; and
(f) upon
				a written determination by the department that a surety is unable to comply
				with the terms of the bond, the owner is deemed to be without bond. The owner
				shall replace the bond within 90 days after the written determination is mailed
				by the department.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.86 - ENERGY › Subchapter 17.86.1 - Wind Generation Facility Decommissioning and Bonding › Rule 17.86.117 - LETTERS OF CREDIT

Current through Register Vol. 13, July 5, 2024
(1) An owner may
				satisfy the bonding requirements of this subchapter by submitting a letter of
				credit that:
(a) is issued by a bank
				organized or authorized to do business in the United States;
(b) is irrevocable prior to being released by
				the department;
(c) is payable to
				the department in part or in full upon demand and receipt from the department
				of a notice of forfeiture issued in accordance with ARM
				17.86.122;
(d) provides, upon expiration, if the
				department has not notified the bank in writing that a substitute bond has been
				provided or is not required, the bank shall immediately pay the department the
				full amount of the letter of credit less any previous drafts;
(e) is not for an amount in excess of 10
				percent of the bank's capital surplus account as shown on a balance sheet
				certified by a certified public accountant and submitted to the department with
				the letter of credit;
(f) is for an
				amount that does not exceed three times the bank's maximum single obligation;
				and
(g) is automatically renewable
				annually on the letter of credit anniversary date.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.86 - ENERGY › Subchapter 17.86.1 - Wind Generation Facility Decommissioning and Bonding › Rule 17.86.120 - CERTIFICATES OF DEPOSIT

Current through Register Vol. 13, July 5, 2024
(1) An owner may
				satisfy the bonding requirements of this subchapter by submitting proof
				acceptable to the department that the certificate of deposit (CD):
(a) was issued by a single institution in a
				denomination not in excess of $250,000, or the maximum insurable amount as
				determined by the Federal Deposit Insurance Corporation (FDIC), whichever is
				less. The department may not accept a combination of CDs from an owner in
				excess of that limit from a single institution. If the issuing institution uses
				a system in which the issuing institution serves as custodian for the payees of
				multiple CDs and arranges for one or more additional institutions to issue CDs
				not in excess of each institution's FDIC limit, and submits those CDs to the
				department with proof determined acceptable to the department that the issued
				CDs are insured by the FDIC, the department may accept those CDs;
(b) is automatically renewable annually on
				the CD's anniversary date;
(c) in
				combination with all CDs, is in a sufficient amount to ensure that funds in the
				amount of the bond required in this subchapter will be paid to the department
				by the issuing bank if the department forfeits the bond and liquidates the CDs
				before maturity;
(d) is payable to
				the owner and the department, and the owner has assigned its interest in the CD
				to the department, both in writing and in the records of the bank issuing the
				CD;
(e) expressly prohibits the
				owner from withdrawing funds until the department has released the CD and
				assignment; and
(f) waives all
				rights of the issuer to a setoff or lien against the CDs.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.86 - ENERGY › Subchapter 17.86.1 - Wind Generation Facility Decommissioning and Bonding › Rule 17.86.121 - FORFEITURE OF BOND

Current through Register Vol. 13, July 5, 2024
(1) If an owner
				fails to decommission a facility in either the manner or schedule set forth in
				the decommissioning plan under ARM
				17.86.105
				and did not commence action to rectify deficiencies within 90 days after the
				department's notification was mailed, the department may cause the bond to be
				forfeited for the entire facility. The department shall notify the owner and
				the surety by certified mail.
(2)
				The notification in (1):
(a) must include the
				reasons for forfeiture and the amount to be forfeited; and
(b) is a final decision of the
				department.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.86 - ENERGY › Subchapter 17.86.1 - Wind Generation Facility Decommissioning and Bonding › Rule 17.86.122 - RELEASE OF BOND; USE OF BOND BY DEPARTMENT

Current through Register Vol. 13, July 5, 2024
(1) The department shall release a bond if
				the department is satisfied that an owner has completed decommissioning of a
				facility in accordance with the decommissioning plan or as otherwise agreed to
				by the department in consultation with the landowner.
(2) At any time, an owner or any person
				authorized to act on behalf of the owner may make a written request to the
				department for release of all or a portion of a bond, and the department shall
				reply with a determination within 90 days unless the conditions do not permit
				access to the facility or a representative of the owner is not available within
				the 90-day period. The owner shall allow and accompany the department in an
				inspection of the facility to verify the adequacy of decommissioning for bond
				release.
(3) Upon bond forfeiture
				for an abandoned facility, the department, with staff, equipment, and material
				under its control or by contract with others, may take any necessary action to
				decommission the facility.
(4)
				Before decommissioning is considered complete, each wind generation facility
				owner shall record a map with the local county recorder showing the location of
				any remaining wind turbine foundation and its depth. The owner shall submit a
				copy of the map showing that it was stamped by the recorder, and associated
				documents, to the department.
AUTH:
					 75-26-310,
					 MCA; IMP:
					 75-26-308,
					 75-26-309,
					 MCA
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.1 - ORGANIZATIONAL RULE › Subchapter 18.1.1 - N/A › Rule 18.1.101 - ORGANIZATIONAL RULE

Current through Register Vol. 13, July 5, 2024
(1) Organization of
				the Department of Transportation.
(a)
				History. The Department of Transportation was created by Chapter 512 of the
				Montana Session Laws of 1991 and implemented by executive order no. 11-91 of
				the Governor on July 1, 1991.
(b)
				Director. The Director of the Department of Transportation, appointed by the
				Governor, heads the department. The director's duties are specified in
				2-15-112,
				MCA. The Public Information Officer reports directly to the director as service
				staff.
(c) Deputy Director. The
				Deputy Director heads the following divisions: Administration; Aeronautics;
				Human Resources and Occupational Safety; Information Services; Motor Carrier
				Services; and Professional Services. The Deputy Director assists the Director
				of Transportation.
(d) Chief
				Operating Officer. The Chief Operating Officer heads the following divisions:
				Highways and Engineering; Maintenance; Rail, Planning and Transit; and the
				following districts: Billings; Butte; Glendive; Great Falls, and Missoula. The
				Chief Operating Officer assists the Director of Transportation.
(e) Transportation Commission. The
				Transportation Commission consists of five members appointed by the Governor
				for terms specified in
				2-15-124,
				MCA. The powers of the Transportation Commission generally relate to awarding
				construction contracts and designation of highway routes. The Transportation
				Commission meets once a month, unless otherwise scheduled. The Transportation
				Commission exercises some oversight over the Highways and Engineering Division.
				The Transportation Commission also exercises quasi-judicial powers over outdoor
				advertising.
(f) Board of
				Aeronautics. The Board of Aeronautics consists of nine members appointed by the
				Governor for terms specified in
				2-15-124,
				MCA. Further descriptions of the functions of the board are found in Title 67,
				MCA. The Aeronautics Board exercises oversight over the Title 67, MCA
				aeronautical loan and grant program.
(g) Divisions. The department consists of 14
				divisions, each headed by an administrator.
(i) Administration Division;
(ii) Aeronautics Division;
(iii) Highways and Engineering
				Division;
(iv) Human Resources and
				Occupational Safety Division;
(v)
				Information Services Division;
(vi)
				Maintenance Division;
(vii) Motor
				Carrier Services Division;
(viii)
				Professional Services Division;
(ix) Rail, Transit and Planning
				Division;
(x) Billings
				District;
(xi) Butte
				District;
(xii) Glendive
				District;
(xiii) Great Falls
				District; and
(xiv) Missoula
				District.
Administrative Rules of Montana › Department 18 - TRANSPORTATION › Chapter 18.2 - OVERALL DEPARTMENT RULES › Subchapter 18.2.1 - Procedural Rules › Rule 18.2.101 - MODEL PROCEDURAL RULES

Current through Register Vol. 13, July 5, 2024
(1) The Department
				of Transportation adopts and incorporates by reference the Attorney General's
				right of participation procedural rules ARM
				1.3.101 and
				1.3.102; the Attorney General's
				organizational and procedural rules ARM
				1.3.201 through
				1.3.233; and the Secretary of
				State's organizational and procedural rules ARM
				1.3.301 through
				1.3.313 with the exceptions
				contained in this subchapter.
(2) A
				copy of the model procedural rules may be obtained from the Department of
				Transportation, P.O. Box 201001, Helena, MT 59620-1001.
2-4-201, MCA; IMP,
					 2-4-201,
					 MCA;