Title 90, Title 90

As used in this part, the following definitions apply: (1) "Cost-effective" or "cost-effectiveness" means that the sum of guaranteed cost savings and unguaranteed energy cost savings attributable to utility unit price escalation is equal to or greater than: (a) the energy perform…

(1) A governmental entity may enter into an energy performance contract. A governmental entity that enters into an energy performance contract shall do so in accordance with this part. (2) Nothing in this part prevents a governmental entity from entering into a contract that is n…

Except as provided in 90-4-1114(1), payment obligations of a governmental entity pursuant to an energy performance contract are not general obligations of the governmental entity and are collectible only from guaranteed cost savings provided in the energy performance contract and…

(1) The department shall establish an energy performance contract program for governmental entities. The department shall: (a) solicit, evaluate, and maintain a list of qualified energy service providers; (b) develop a process to disqualify and remove from the list energy service…

(1) At least every 5 years, the department shall issue a request for qualifications for energy service providers interested in entering into energy performance contracts with governmental entities. An energy service provider may submit qualifications to the department at any time…

(1) Before selecting an energy service provider, a governmental entity shall solicit a request for proposals from a minimum of three qualified energy service providers. The governmental entity may select the qualified energy service provider determined by the governmental entity …

(1) The qualified energy service provider selected by a governmental entity in accordance with 90-4-1112 shall prepare an investment-grade energy audit. The audit must be incorporated into an energy performance contract. (2) An investment-grade energy audit must include estimates…

(1) A governmental entity may pay for an energy performance contract with: (a) funds designated for operating costs, capital expenditures, utility costs, or lease payments; (b) installment payment contracts or lease purchase agreements; (c) bonds issued in accordance with other b…

This part may be cited as the "Montana Clean Renewable Energy Bond Act".

Unless the context requires otherwise, in this part, the following definitions apply: (1) "Ancillary services" means services or tariff provisions related to generation and delivery of electric power other than simple generation, transmission, or distribution. Ancillary services …

A governmental body may: (1) acquire, construct, reconstruct, extend, or improve a project within or outside of the boundaries of the governmental body or partially within or partially outside the boundaries of the governmental body; (2) acquire any interest in or any right to ca…

(1) Two or more governmental bodies through their respective governing authorities may enter into interlocal or joint power agreements in accordance with Title 7, chapter 11, part 1, to facilitate project financing, acquisition, construction, operation, and maintenance and to pro…

(1) Except as provided in 90-4-1221, a governmental body may: (a) issue revenue bonds to finance in whole or in part the cost of the acquisition, purchase, construction, reconstruction, improvement, or extension of any project; (b) pledge to the punctual payment of its revenue bo…

The governing authority of a governmental body, in determining the cost of a project to be financed by the issuance of revenue bonds pursuant to 90-4-1205, may include: (1) engineering, inspection, fiscal, and legal expenses; (2) interest estimated to accrue during the constructi…

(1) A holder of a revenue bond issued pursuant to 90-4-1205 does not have the right to compel the governmental body to exercise its taxing power to pay off the bonds or the interest on those bonds. (2) Each revenue bond issued pursuant to 90-4-1205 must state that: (a) the bond, …

If the principal amount of clean renewable energy bonds, as limited by the Internal Revenue Code, is insufficient to finance all costs of a project as determined pursuant to 90-4-1206, the governmental body may issue bonds to finance those costs and the costs of issuance of those…

(1) A governmental body issuing bonds or entering into a contract pursuant to this part with respect to a project may appropriate, apply, or expend the revenue of the project for the following purposes: (a) to pay when due all bonds and interest on the bonds or amounts owing unde…

(1) A resolution authorizing the issuance of bonds under this part or a contract entered into under this part may contain covenants as to: (a) the purpose or purposes to which the proceeds of sale of the bonds or amounts payable under the contract may be applied and the dispositi…

The provisions of this part and any resolution or contract are enforceable by a bondholder or contracting party in a court of competent jurisdiction by mandamus or other appropriate suit, action, or proceeding.

(1) Bonds issued under this part bearing the signatures of officers in office on the date of the signing of the bonds are valid and binding obligations even if, before bond delivery and payment, the persons whose signatures appear on the bonds are no longer officers of the govern…

(1) A resolution or contract must specify and define the revenue or portion of the revenue that is appropriated and pledged for the security and payment of the bonds or amounts payable under the contract and the relative security of liens on the revenue in favor of bonds of one o…

Bonds issued under this part may be incurred or sold at public or private sale on terms and at prices that the governing authority determines to be advantageous.

Pending the preparation of the definitive bonds, interim receipts or certificates, in a form and with provisions as the governing authority may determine, may be issued to the purchaser or purchasers of bonds sold pursuant to this part. The bonds and interim receipts or certifica…

Prior to starting construction under this part, the governmental body shall enter into a contract or contracts: (1) with a transmission services provider to interconnect with the transmission or distribution facilities of a utility or cooperative; (2) that ensure that all ancilla…

(1) This part does not authorize a governmental body to: (a) construct, own, or operate electricity distribution or transmission facilities; or (b) use the proceeds from bonds under this part to construct, own, or operate electricity distribution or transmission facilities. (2) S…

(1) The powers conferred in this part are in addition and supplemental to the powers conferred by any other general, special, or local law. (2) If the provisions of this part are inconsistent with the provisions of any other general, special, or local law, the provisions of this …

This part may be cited as the "Commercial Property-Assessed Capital Enhancements Act of Montana".

As used in this part, unless the context requires otherwise, the following definitions apply: (1) "Authority" means the Montana facility finance authority created in 2-15-1815. (2) "Commercial property-assessed capital enhancements program" or "program" means a program establishe…

(1) As resources allow, the authority shall provide administrative support to local governments for the administration of the commercial property-assessed capital enhancements program and establish a plan in accordance with 90-4-1305. (2) If the authority adopts rules in accordan…

(1) In accordance with 90-4-1305 and 90-4-1306, a governing body may establish a commercial property-assessed capital enhancements program and may create a district or districts under the program. (2) (a) The governing body may enter into a contract with a record owner of real pr…

(1) Prior to establishing a program in accordance with 90-4-1306, the authority shall prepare a program plan. Subject to subsections (2) through (4), the program plan must include: (a) provisions for marketing the program and providing participant education; (b) the types of ener…

(1) To establish a commercial property-assessed capital enhancements program, a governing body shall: (a) adopt a resolution of intent that includes: (i) a statement of intent to establish a commercial property-assessed capital enhancements program describing the role of the gove…

(1) (a) A local government may impose an assessment under a commercial property-assessed capital enhancements program pursuant to a written contract with the record owner of the real property to be assessed. (b) The term of the assessment may not exceed the useful life of an ener…

(1) A local government may join with another local government or with any person by contract or otherwise to implement a commercial property-assessed capital enhancements program in whole or in part. (2) If a commercial property-assessed capital enhancements program is implemente…

(1) All federal funds and grants available and becoming eligible to Montana under the provisions of the U.S. department of energy low-income weatherization assistance program, the U.S. department of health and human services low-income home energy assistance program, and any othe…

(1) The department of public health and human services may use not more than 5% of the total weatherization funds for administration of the weatherization program. (2) Each of the human resource development councils or other public or nonprofit entities shall receive that fractio…

State and federal weatherization funds shall be allocated to local weatherization programs on an annual basis.

As the result of overcharges on the sales of domestic crude oil, the federal courts have ordered or approved settlements requiring the repayment of the total amount of overcharges, plus interest, into an escrow account to be distributed by the U.S. treasury to the states, territo…

(1) There is an energy conservation and energy assistance account within the federal special revenue fund established in 17-2-102. (2) The amounts deposited in the account and interest and earnings on the account may be used by the department of public health and human services t…

(1) The legislature finds that energy in various forms is increasingly subject to possible shortages and supply disruptions, to the point that there may be foreseen an emergency situation, and that without the ability to gather information, regularly monitor energy supplies and d…

As used in this part, the following definitions apply: (1) "Bulk pipeline terminal" means a facility that is primarily used for storage for the marketing of petroleum products and that has a total bulk storage capacity of 50,000 gallons or more. (2) "Distributor" means any person…

The governor shall, with the advice of the committee, in developing provisions for the allocation, conservation, and consumption of energy, give due consideration to supplying vital public services such as essential governmental operations, health and safety functions, emergency …

(1) The governor may obtain information on a regular basis from energy resource producers, suppliers, public agencies, and consumers and from political subdivisions in this state that is necessary for the governor to determine the need for energy supply alert and emergency declar…

The governor shall actively solicit the advice of consumers, through the legislative consumer committee established in 5-15-101, and of distributors throughout the information gathering, planning, and implementation process described in this part.

(1) The governor may at any time require a distributor of an energy resource to prepare for the governor's approval a plan for the curtailment of the distribution of that resource in the event of a state of energy emergency. Plans must be submitted in the form and within limits t…

In determining whether to declare an energy supply alert or energy emergency, the governor shall consider: (1) availability of regional and national energy resources; (2) local, state, regional, and national energy needs and shortages; (3) availability of short-term alternative s…