Montana Administrative Code

17.84.101 POLICY AND PURPOSE OF RULES Title 90, chapter 4, part 1, MCA, provides grant and loan funding through the department to stimulate research, development, demonstration, and commercialization of renewable energy sources. The policy and purpose of this subchapter are to pr…

17.84.102 DEFINITIONS Unless the context requires otherwise, as used in this subchapter: "Act" means Title 90, chapter 4, part 1, MCA. "Commercialization" means the engagement by a new or expanding business incorporated, licensed or otherwise authorized to do business in Montana …

17.84.103 ELIGIBLE PROJECTS The department will fund projects that best enable the state to meet the legislative mandate to reduce reliance on nonrenewable energy sources. Only projects that will be conducted within Montana are eligible for funding. Funding will be granted only f…

17.84.104 ELIGIBLE APPLICANTS Any person may make application for a grant or a loan to fund a project under the Act and these rules. Persons who are employees of the department, contractors of the department working on a conservation or renewable energy project other than under a…

17.84.105 RENEWABLE ENERGY ADVISORY COUNCIL The department may appoint a renewable energy advisory council (REAC) that may advise the department on matters pertaining to program development and make recommendations on funding projects. The department shall make the final decision…

17.84.106 SIZE OF AWARDS The maximum award given to a single project or applicant as a grant or loan shall be less than the total project cost and shall not exceed 10% of the annual appropriation from the earmarked account. There is no minimum funding limit. Authorizing statute(s…

17.84.107 TYPE OF AWARD The department may award loans or grants. Commercialization projects will be considered for loan funding exclusively. The department will determine the appropriate type of funding based on the nature of the project. Authorizing statute(s): 90-4-104, MCA Im…

17.84.111 APPLICATION An applicant shall submit an application on forms prescribed by the department. An applicant shall submit 4 copies of the application to the department at the time of filing, and shall provide additional copies as requested by the department. Authorizing sta…

17.84.112 SUPPLEMENTAL MATERIAL The applicant shall submit additional or supplemental material as requested by the department. Authorizing statute(s): 90-4-104, MCA Implementing statute(s): 90-4-104, 90-4-105, MCA History: NEW, Eff. 3/7/76; AMD, Eff. 1/3/77; AMD, 1979 MAR p. 1547…

17.84.113 CHANGES OR ADDITIONS 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 substan…

17.84.114 APPLICATION SUBMITTAL DEADLINES Applications for unsolicited grants must be submitted prior to November 1 or at other times specified by the department. Applications for solicited grants must be submitted at times specified by the department. Loan applications must be s…

17.84.115 APPLICATION EVALUATION PROCEDURE 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…

17.84.116 ENVIRONMENTAL FEASIBILITY AND COMPLIANCE WITH STATUTES AND RULES 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 d…

17.84.121 CONDITIONS ON GRANTS 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. Grant recipients shall be required to make the…

17.84.122 GRANT CONTRACT 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 con…

17.84.123 PAYMENT OF GRANTS Upon approval of an application by the department, funds will be set aside for that particular project. The department will reimburse the grantee only for actual and necessary expenditures incurred in compliance with the grant contract. Any balance of …

17.84.124 REPORTS AND ACCOUNTING 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. Grant recipients shall make oral or writt…

17.84.125 SOLICITED GRANT PROPOSALS 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. The RFP will describe the objectives of the project, the maximum funding…

17.84.130 APPLICATIONS AND RESULTS PUBLIC 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. The results of all projects that are fund…

17.84.131 LOAN CONDITIONS No loan will be made under the Act and these rules to refinance existing debt previously incurred by the applicant. The maximum term for loans is 10 years. Loans made under the Act and these rules shall be used only for the purposes described in the loan…

17.84.132 AUTHORIZATION FOR LOAN CONSIDERATION 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. The letter of a…

17.84.133 EVALUATION OF LOAN REQUESTS 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. The department will participate in a loan made by a financial ins…

17.84.134 INTEREST RATES 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. The departme…

17.85.101 POLICY AND PURPOSE OF RULES 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-gr…

17.85.103 DEFINITIONS Unless the context requires otherwise, as used in this subchapter: "Act" means the alternative energy revolving loan statutes set out in Title 75, chapter 25, part 1, MCA. "Alternative energy system" has the same meaning as in 15-32-102, MCA. "Capital invest…

17.85.104 PROGRAM ADMINISTRATION 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: technically review, evaluate, and approve applications; e…

17.85.105 ELIGIBLE PROJECTS 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 sou…

17.85.106 ELIGIBLE APPLICANTS 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. The department may not consider an application for a loan from the fol…

17.85.107 SIZE OF AWARDS 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. Authorizing statute(s): 75-25-102, MCA Implementing statute(s): 75-25-102, MCA History: NEW, 2003 MAR p. 233…

17.85.110 APPLICATION PROCEDURE 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. An applicant shall submit itemized c…

17.85.111 APPLICATION EVALUATION PROCEDURE 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…

17.85.112 ENVIRONMENTAL REVIEW AND COMPLIANCE WITH APPLICABLE STATE LAW 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 …

17.85.113 APPLICATIONS AND RESULTS PUBLIC 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…

17.85.114 LOAN TERMS AND CONDITIONS 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. A borrower shall use the money obtained from a loan made under the Act and these…

17.85.115 REPORTS AND ACCOUNTING During the construction/installation phase of the loan project, the department may require the loan recipient to provide oral or written progress reports. Upon completion of construction or installation, a loan recipient shall provide the departme…

17.86.101 DEFINITIONS In this subchapter, the following definitions apply: "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. "Board"…

17.86.102 OWNER RESPONSIBILITIES An owner of a facility shall: decommission its facility according to this subchapter and pay for all costs associated with decommissioning; commence decommissioning activities within 90 days after abandonment, unless the owner receives department …

17.86.105 DECOMMISSIONING PLAN A decommissioning plan must include: a commitment to remove all aboveground wind turbines and towers; as-built plans, including general structural and electrical information, relative to the calculation of the bond for all facilities and all disturb…

17.86.106 DETERMINATION OF BOND AMOUNT The department shall set the bond amount at the estimated amount for the department to perform the decommissioning work required of an owner. The bond amount must be based on: estimated costs submitted by the owner in accordance with ARM 17.…

17.86.107 BONDING DEADLINE 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 dec…

17.86.110 PENALTIES FOR FAILURE TO SUBMIT BOND 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 tha…

17.86.111 REPLACEMENT OF BOND 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…

17.86.112 ADJUSTMENT OF BOND AMOUNT 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…

17.86.115 FORM OF BOND 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. Liability under any bond, including separate bond increments or bonds applicable to a single facility, extends to the o…

17.86.116 SURETY BONDS An owner may satisfy the bonding requirements of this subchapter by submitting a surety bond that: 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…

17.86.117 LETTERS OF CREDIT An owner may satisfy the bonding requirements of this subchapter by submitting a letter of credit that: is issued by a bank organized or authorized to do business in the United States; is irrevocable prior to being released by the department; is payabl…

17.86.120 CERTIFICATES OF DEPOSIT An owner may satisfy the bonding requirements of this subchapter by submitting proof acceptable to the department that the certificate of deposit (CD): was issued by a single institution in a denomination not in excess of $250,000, or the maximum…

17.86.121 FORFEITURE OF BOND 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, …

17.86.122 RELEASE OF BOND; USE OF BOND BY DEPARTMENT The department shall release a bond if the department is satisfied that an owner has properly decommissioned a facility in accordance with the decommissioning plan or as otherwise agreed to by the department in consultation wit…

18.1.101 ORGANIZATION OF THE DEPARTMENT 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, and as amended by Chapter 306 of the Montana Session Laws of 2025.…