HOUSE BILL NO. 6
INTRODUCED BY WITT
BY REQUEST OF THE DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION AND THE OFFICE OF BUDGET AND PROGRAM PLANNING
AN ACT REVISING AND IMPLEMENTING THE RENEWABLE RESOURCE GRANT AND LOAN PROGRAM; APPROPRIATING MONEY TO THE DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION FOR GRANTS UNDER THE RENEWABLE RESOURCE GRANT AND LOAN PROGRAM; PRIORITIZING GRANTS AND AMOUNTS; ESTABLISHING CONDITIONS FOR GRANTS; PROVIDING FOR A TRANSFER OF FUNDS FROM THE STATE GENERAL FUND TO THE RENEWABLE RESOURCE GRANT ACCOUNT; TEMPORARILY REVISING THE USE OF THE RENEWABLE RESOURCE GRANT AND LOAN STATE SPECIAL REVENUE ACCOUNT; AMENDING SECTION 85-1-604, MCA; AND PROVIDING EFFECTIVE DATES AND A TERMINATION DATE.
AN ACT REVISING AND IMPLEMENTING THE RENEWABLE RESOURCE GRANT AND LOAN PROGRAM; APPROPRIATING MONEY TO THE DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION FOR GRANTS UNDER THE RENEWABLE RESOURCE GRANT AND LOAN PROGRAM; PRIORITIZING GRANTS AND AMOUNTS; ESTABLISHING CONDITIONS FOR GRANTS; PROVIDING FOR A TRANSFER OF FUNDS FROM THE STATE GENERAL FUND TO THE RENEWABLE RESOURCE GRANT ACCOUNT; TEMPORARILY REVISING THE USE OF THE RENEWABLE RESOURCE GRANT AND LOAN STATE SPECIAL REVENUE ACCOUNT; AMENDING SECTION 85-1-604, MCA; AND PROVIDING EFFECTIVE DATES AND A TERMINATION DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Appropriations from renewable resource grant and loan program state special revenue account. (1) There is appropriated from the renewable resource grant and loan program state special revenue account established in 85-1-604 to the department of natural resources and conservation up to:
(a) $100,000 to be used for emergency projects; and
(b) $300,000 to be used for planning grants to be awarded by the department over the course of the biennium.
(2) There is appropriated from the renewable resource grant and loan program state special revenue account established in 85-1-604 to the department of natural resources and conservation $4.6 million that is available in the renewable resource state special revenue account for grants to political subdivisions and local governments during the 2005 biennium. The funds in this section must be awarded by the department to the named entities for the described purposes and in the described grant amounts set out in subsection (3), subject to the conditions set forth in [sections 1 through 4] and the contingencies described in the renewable resource grant and loan program January 2005 report to the 59th legislature. The legislature, pursuant to 85-1-605, approves the grants listed in subsection (3), with grants to be made in the order indicated in the prioritized list of projects and activities. Funds must be awarded up to the amounts approved in this section in order of priority until available funds are expended. Funds not accepted or used by higher-ranked projects must be provided for projects farther down the priority list that would not otherwise receive funding. Any projects that are funded by the reclamation and development grants program may not be funded under [sections 1 through 4].
(3) The following are the prioritized grant projects:
RENEWABLE RESOURCE GRANT AND LOAN PROGRAM
Applicant/Project 0; &# 160; 0; &# 160; 0; &# 160; Grant Amount
Milk River Joint Board of Control
(Halls Coulee Siphon Repair) 0; &# 160; 0; &# 160; $100,000
Spring Meadows--Missoula County Water District
(Drinking Water Project) 0; &# 160; 0; &# 160; 0; $100,000
Montana State University
(Four Corners Surface and Ground Water Study) 0; &# 160; 0; $99,618
Beaverhead Conservation District
(Spring Creek Restoration) 0; &# 160; 0; &# 160; 0; $100,000
St. Ignatius, Town of
(Wastewater Improvement Project) 0; &# 160; 0; &# 160; $100,000
Montana Department of Natural Resources and Conservation
(Deadman's Basin Supply Canal Rehabilitation Project) 0; &# 160; $100,000
Jefferson Valley Conservation District
(Jefferson River Restoration) 0; &# 160; 0; &# 160; 0; $95,469
Carter--Chouteau County Water and Sewer District
(Drinking Water Project) 0; &# 160; 0; &# 160; 0; $100,000
Sheridan, Town of
(Drinking Water Project) 0; &# 160; 0; &# 160; 0; $100,000
Lower Yellowstone Irrigation District
(Lower Yellowstone Canal) 0; &# 160; 0; &# 160; 0; $100,000
Montana Department of Natural Resources and Conservation
(Frenchman Dam Rehabilitation Study) 0; &# 160; 0; &# 160; $100,000
Montana Department of Natural Resources and Conservation
(Martinsdale North Dam Riprap Program) 0; &# 160; 0; &# 160; $100,000
Seeley Lake Sewer District
(Wastewater Improvement Project) 0; &# 160; 0; &# 160; $100,000
Upper/Lower River Road Water and Sewer District
(Drinking Water and Wastewater Project) 0; &# 160; 0; &# 160; $100,000
Buffalo Rapids Irrigation District
(Canal Automation) 0; &# 160; 0; &# 160; 0; &# 160; $88,955
Choteau, City of
(Drinking Water Project) 0; &# 160; 0; &# 160; 0; $100,000
Dodson, Town of
(Wastewater System Improvements) 0; &# 160; 0; &# 160; $100,000
Gallatin County
(Floodplain Delineation Project) 0; &# 160; 0; &# 160; $100,000
Yellowstone Irrigation District
(Flow Measurement Project) 0; &# 160; 0; &# 160; 0; $100,000
Gardiner--Park County Water District
(Drinking Water Project) 0; &# 160; 0; &# 160; 0; $100,000
Liberty County Conservation District
(Chester Sprinkler Irrigation Project) 0; &# 160; 0; &# 160; $100,000
Cascade, Town of
(Drinking Water Project) 0; &# 160; 0; &# 160; 0; $100,000
Ranch County Water and Sewer District
(Drinking Water Project) 0; &# 160; 0; &# 160; 0; $100,000
Libby, City of
(Wastewater Improvement Project) 0; &# 160; 0; &# 160; $100,000
Broadview, Town of
(Broadview Water Supply Study) 0; &# 160; 0; &# 160; $99,997
Montana Department of Natural Resources and Conservation
(Martinsdale Outlet Canal Drop Structures) 0; &# 160; 0; &# 160; $100,000
Roosevelt County Conservation District
(Fort Peck Irrigation Quality and Quantity Phase I) 0; &# 160; 0; $99,995
Buffalo Rapids Irrigation District
(Improving Efficiency and Quality) 0; &# 160; 0; &# 160; $100,000
Paradise Valley Irrigation District
(Turnout Replacement Project) 0; &# 160; 0; &# 160; $100,000
Manhattan, Town of
(Wastewater Improvement Project) 0; &# 160; 0; &# 160; $100,000
Woods Bay Homesites County Water and Sewer District
(Water System Improvements) 0; &# 160; 0; &# 160; $100,000
Custer Area, Yellowstone County Water and Sewer District
(Wastewater Improvement Project) 0; &# 160; 0; &# 160; $100,000
Fort Belknap Irrigation District
(Sugar Factory Lateral Project Phase II) 0; &# 160; 0; &# 160; $100,000
Laurel, City of
(Wastewater Improvement Project) 0; &# 160; 0; &# 160; $100,000
Yellowstone Conservation District
(Canyon Creek Restoration) 0; &# 160; 0; &# 160; 0; $100,000
Valier, Town of
(Wastewater Improvement Project) 0; &# 160; 0; &# 160; $100,000
Fairfield, Town of
(Wastewater Improvement Project) 0; &# 160; 0; &# 160; $100,000
Glasgow Irrigation District
(Vandalia Dam Improvements Phase III) 0; &# 160; 0; &# 160; $100,000
Ennis, Town of
(Wastewater Improvement Project) 0; &# 160; 0; &# 160; $100,000
Bighorn Conservation District
(Alluvial Aquifers of Northern Bighorn County) 0; &# 160; 0; $1 00,000
Savage Irrigation District
(Rehabilitation Planning Study) 0; &# 160; 0; &# 160; $62,814
Butte-Silver Bow
(Big Hole River Transmission Line Replacement) 0; &# 160; 0; $100,000
Whitefish, City of
(Drinking Water Project) 0; &# 160; 0; &# 160; 0; $100,000
Circle, Town of
(Wastewater Improvement Project) 0; &# 160; 0; &# 160; $100,000
Black Eagle Water and Sewer District
(Drinking Water Project) 0; &# 160; 0; &# 160; 0; $50,000
Lewis and Clark Conservation District
(Florence Canal Rehabilitation Project) 0; &# 160; 0; &# 160; $100,000
Livingston, City of
(Livingston Flood Damage Reduction Study) 0; &# 160; 0; &# 160; $100,000
Missoula County
(Grant Creek Restoration and Flood Mitigation) & #160; 0; &# 160; $100,000
Liberty County Conservation District
(Marias Baseline Development Project) 0; &# 160; 0; &# 160; $100,000
Hammond Irrigation District
(Porcupine Creek Siphon Rehabilitation) 0; &# 160; 0; &# 160; $38,200
Bear Creek, Town of
(Drinking Water Project) 0; &# 160; 0; &# 160; 0; $100,000
Ryegate, Town of
(Wastewater System Improvements) 0; &# 160; 0; &# 160; $100,000
Sun Prairie Village County Water and Sewer District
(Drinking Water Project) 0; &# 160; 0; &# 160; 0; $100,000
Butte-Silver Bow
(Water Master Plan) 0; &# 160; 0; &# 160; 0; &# 160; $100,000
Montana Department of Natural Resources and Conservation
(Increasing Montana Water Management Capacity) 0; &# 160; 0; $99,714
Milk River Joint Board of Control
(Lake Sherburne Dam Outlet Works Rehabilitation) 0; &# 160; 0; $100,000
Bigfork--Flathead County Water and Sewer District
(Wastewater System Improvements) 0; &# 160; 0; &# 160; $100,000
Ruby Valley Conservation District
(Ground Water Management Plan) 0; &# 160; 0; &# 160; $33,694
Cartersville Irrigation District
(Sand Creek Siphon Rehabilitation Project) 0; &# 160; 0; &# 160; $100,000
(4) For grant projects for which the department of natural resources and conservation also has recommended a loan, the authorization for the loan is contained in House Bill No. 8.
(5) To the entities listed in this section, this appropriation constitutes a valid obligation of these funds for purposes of encumbering the funds within the 2007 biennium pursuant to 17-7-302.
Section 2. Conditions of grants. Disbursement of funds under [sections 1 through 4] for grants is subject to the following conditions that must be met by project sponsors:
(1) approval of a scope of work and budget for the project by the department of natural resources and conservation. Changes in the project scope of work or budget that reduce the public or natural resource benefits as presented in department reports and applicant testimony to the 59th legislature will result in the proportional reduction in grant amount.
(2) documented commitment of other funds required for project completion;
(3) satisfactory completion of conditions described in the recommendation section of the project narrative in the renewable resource grant and loan program project recommendations and biennium report submitted to the 59th legislature for the 2007 biennium or, in the case of emergency applications, conditions specified at the time of written notification of approved grant authority;
(4) execution of a grant agreement with the department; and
(5) accomplishment of other specific requirements considered necessary by the department to accomplish the purpose of the grant as evidenced from the application to the department or from the proposal to the legislature.
Section 3. Conditions for grants. Notwithstanding the conditions described in [section 2], grant funds are disbursed in the order of priority listed in [section 1] as resource indemnity trust account interest income revenue is received. A project approved by [section 1] is not entitled to receive grant funds that are not collected and allocated to the renewable resource grant and loan program state special revenue account.
Section 4. Appropriations established. (1) For any entity of state government that receives a grant under [sections 1 through 3], an appropriation is established for the amount of the grant listed in [section 1(3)]. Grants to state entities from prior biennia are reauthorized for completion of contract work.
(2) Any funds in excess of the amount appropriated for grants under [sections 1 through 3] are available for appropriation for authorized purposes from the renewable resource grant and loan program state special revenue account.
Section 5. Review of previously authorized grants. Recipients of renewable resource grants authorized by previous legislatures that have not completed startup conditions must be notified by the department of natural resources and conservation that the legislature, at the next regular session, will review renewable resource grants to determine if the commitment of the renewable resource grant should be withdrawn.
Section 6. Fund transfer. At the beginning of fiscal year 2007, the amount of $600,000 is transferred from the state general fund to the renewable resource grant and loan program state special revenue account established in 85-1-604 for the purpose of making grants.
Section 7. Section 85-1-604, MCA, is amended to read:
"85-1-604. Renewable resource grant and loan program state special revenue account created -- revenue allocated -- limitations on appropriations from account. (1) There is a renewable resource grant and loan program state special revenue account within the state special revenue fund established in 17-2-102.
(2) Except to the extent that they are required to be credited to the renewable resource loan debt service fund pursuant to 85-1-603, there must be paid into the renewable resource grant and loan program state special revenue account:
(a) the interest income of the resource indemnity trust fund as provided in and subject to the conditions of 15-38-202;
(b) the excess of the coal severance tax proceeds allocated by 85-1-603 to the renewable resource loan debt service fund above debt service requirements as provided in and subject to the conditions of 85-1-619; and
(c) any fees or charges collected by the department pursuant to 85-1-616 for the servicing of loans, including arrangements for obtaining security interests.
(3) Appropriations may be made from the renewable resource grant and loan program state special revenue account for:
(a) grants for designated projects and the activities authorized in 85-1-602(1)(a); and
(b) administrative expenses, including salaries and expenses for personnel and equipment, office space, and other expenses necessarily incurred in the administration of the grant and loan program. The expenses under this subsection (3)(b) may be funded before funding of projects.
(4) For the biennium beginning July 1, 2005, appropriations may be made from the renewable resource grant and loan program state special revenue account for administrative expenses, including salaries and expenses for personnel and equipment, office space, and other expenses necessarily incurred in natural resource-related programs."
Section 8. Severability. If a part of [this act] is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of [this act] is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications.
Section 9. Notification to tribal governments. The secretary of state shall send a copy of [this act] to each tribal government located on the seven Montana reservations and to the Little Shell band of Chippewa.
Section 10. Effective dates. (1) Except as provided in subsection (2), [this act] is effective on passage and approval.
(2) [Section 1] is effective July 1, 2005.
Section 11. Termination. [Section 7(4)] terminates June 30, 2007.
- END -
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