Long-range building appropriations

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AN ACT APPROPRIATING MONEY FOR MAJOR REPAIR AND CAPITAL DEVELOPMENT PROJECTS FOR
THE BIENNIUM ENDING JUNE 30, 2027; PROVIDING FOR OTHER MATTERS RELATING TO THE
APPROPRIATIONS; PROVIDING FOR A TRANSFER OF FUNDS FROM THE GENERAL FUND TO THE
CAPITAL DEVELOPMENTS LONG-RANGE BUILDING PROGRAM ACCOUNT AND A TRANSFER OF
FUNDS FROM THE GENERAL FUND TO A STATE SPECIAL REVENUE FUND; PROVIDING FOR A
MODIFICATION TO THE LONG-RANGE BUILDING PROGRAM; INCREASING CERTAIN VALUE
THRESHOLDS FROM $150,000 TO $300,000; ESTABLISHING REPORTING REQUIREMENTS; ALLOWING
A COMBINATION OF PREVIOUSLY APPROVED APPROPRIATIONS FOR THE CLAPP BUILDING;
AMENDING SECTIONS 17-7-201, 17-7-202, 17-7-210, AND 17-7-223, MCA; AMENDING SECTION 1,
CHAPTER 468, LAWS OF 2021, SECTION 9(1), CHAPTER 739, LAWS OF 2023, SECTION 14(1), CHAPTER
762, LAWS OF 2023, AND SECTION 3, CHAPTER 763, LAWS OF 2023; AND PROVIDING AN IMMEDIATE
EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Definitions. For the purposes of [sections 1 through 10], unless otherwise stated, the
following definitions apply:
(1) "Authority only" means approval provided by the legislature to expend money that does not
require an appropriation, including grants, donations, auxiliary funds, proprietary funds, nonstate funds, and
university funds.
(2) "Capital development" has the same meaning as provided in 17-7-201(2).
(3) "Capital project" means the planning, design, renovation, construction, alteration, replacement,
furnishing, repair, improvement, site, utility, or land acquisition project provided for in [sections 1 through 10].
(4) "LRBP capital development" means the long-range building program capital developments
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account in the capital projects fund type provided for in 17-7-209.
(5) "LRBP major repair" means the long-range building program major repair account in the capital
projects fund type provided for in 17-7-221.
(6) "Major repair" means capital projects provided for in 17-7-201(7).
(7) "Other funding sources" means money other than LRBP money, state special revenue, or
federal special revenue that accrues to an agency under the provisions of law.
(8) “SBECP” means funds from the state building energy conservation program account in the
capital projects fund type which may be utilized on either or both major repair or capital development projects.
Section 2. Major repair projects appropriations and authorizations. (1) The following money is
appropriated to the department of administration for the indicated major repair projects from the indicated
sources. Funds not requiring legislative appropriation are included for the purpose of authorization. The
department of administration is authorized to adjust capital project amounts within the legislative intent of the
major repair account-funded projects, subject to available revenues, if approved by the office of budget and
program planning, and to transfer the appropriations, authority, or both among the necessary fund types for
these projects:
Agency/Project LRBP State Federal Authority Total
MR Special Special Only
Fund Revenue Revenue Sources
MUS MSU Completion of Montana Hall Life Safety Improvements
2,100,000 2,100,000
DPHHS MMHNCC Completion of Door Access Controls
130,000 130,000
MUS UM Missoula College Mechanical, Electrical, and Accessibility Upgrades
2,200,000 2,200,000
MUS UM Montana Tech Selected Upgrades Exterior Steps, Stairs, Ramps
710,000 710,000
DPHHS MMHNCC Additional Security Cameras
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300,000 300,000
MUS UM-W Selected Fire Alarm Upgrades
500,000 500,000
DOC MSP MCE New Emergency Generators
200,000 200,000
DOA Aviation Support Facility Shop Building New Fire Suppression System
950,000 950,000
MUS UM Montana Tech Campus Heating Plant Boiler System Upgrade
2,400,000 2,400,000
DOAg State Grain Lab Heating System Upgrades
150,000 150,000
MUS MSU GFC Campus Heating and Domestic Hot Water Upgrades
400,000 400,000
DOJ MHP Boulder MHP/IBC Campus Heating System Upgrades
2,350,000 2,350,000
MUS UM Helena College Donaldson/Airport Boiler System Replacement
150,000 150,000
DOA Original Governor’s Mansion Heating and Fire Alarm Systems
300,000 300,000
MUS UM-W Swysgood Tech Center HVAC Cooling System Replacement
370,000 370,000
DOC Continuation of Xanthopoulos Building Repairs
2,200,000 2,200,000
MUS MSU Linfield Hall Roof Replacement
850,000 850,000
DOA State Print and Mail Building Roof Replacement
825,000 825,000
MUS MSU-N Cowan Hall Exterior Envelope Upgrades
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1,725,000 1,725,000
DPHHS EMVH Water Infiltration and Exterior Envelope Repairs
1,900,000 1,900,000
MUS MSU-N Automotive Technology Building Roof Replacement
460,000 460,000
MUS UM HC Donaldson Campus Roofing Replacement
2,400,000 2,400,000
DOC MSP MCE Roof Replacements
1,350,000 1,350,000
DOA Aviation Support Fac Hangar Door Reconstruction and Replacement
320,000 320,000
MUS UM Montana Tech Campus-wide Building Electrical System Upgrades
1,300,000 1,300,000
MSDB Completion of Parking Lot Improvements
780,000 780,000
MUS UM-W Selected Sewer Main Repairs and Replacement
690,000 690,000
OPI Montana Learning Center Site Infrastructure Upgrades
700,000 700,000
MUS UM-W Steam Distribution System Upgrades
475,000 475,000
DOC PHYCF Utility Tunnel and Heating System Repairs
1,200,000 1,200,000
MUS UM Selected Building Electrical System Upgrades
1,100,000 1,100,000
MUS MSU South Campus Primary Electrical Distribution Upgrades
1,750,000 1,750,000
DOC MSP Gravel Pit Equipment Generator Replacement
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180,000 180,000
DLI Kalispell Job Service Renovations
325,000 325,000
MUS UM Selected Elevator System Upgrades
1,675,000 1,675,000
MUS MT Tech Science and Engineering, and ELC Building Elevator Upgrades
400,000 400,000
DOL New Laboratory Casework and Fixed Equipment, Combined Labs Building
1,000,000 1,000,000
MSDB Selected HVAC Systems Upgrades
2,000,000 2,000,000
MUS MSU McCall Hall Demolition
1,100,000 300,000 1,400,000
DOA Capitol Building Interior Lighting Restoration
125,000 125,000
DOA Capitol Complex Restroom Renovations
625,000 625,000
DOC MSP MCE Restroom Repairs
200,000 200,000
DOJ MLEA Air Conditioning Installation
300,000 300,000
MUS MT Tech Mining and Geology Building Temp Controls System
300,000 300,000
DOA Statewide Facility Condition Assessment Services for Agencies
750,000 750,000
DOA Statewide Selected Feasibility Studies for Agencies
500,000 500,000
MUS MSU Replace Failed Data Center Cooling Systems
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1,000,000 300,000 1,300,000
(2) Up to $2.8 million state special revenue from the capital land grant fund is appropriated to the
department of administration for the 2027 biennium for use solely on major repair capital projects on the Capitol
complex. Major repair capital projects shall be approved by of the office of budget and program planning prior to
use of the funds by the department.
(3) The following money is appropriated to the department of military affairs for the indicated major
repair projects from the indicated sources. Funds not requiring legislative appropriation are included for the
purpose of authorization and are subject to the provisions of 18-2-103.
Agency/Project LRBP State Federal Authority Total
MR Special Special Only
Fund Revenue Revenue Sources
DMA Statewide Indoor Firing Range Remediation
2,450,000 2,450,000
DMA MTARNG Buildings MEP Repairs
1,970,000 1,970,000
DMA FTH Building 1009 New Generator
255,000 255,000
DMA Helena AFRC New Underground Stormwater Piping System
230,000 230,000
DMA FTH New Powered Fire Department Access Gate
225,000 225,000
DMA FTH Range Operations Center Site Work
380,000 380,000
DMA FTH Building 1017 New Shower Rooms
110,000 110,000
DMA MTARNG Buildings New PV Solar Arrays and Repairs
690,000 690,000
DMA FTH MIST/MINER Facility Upgrade
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1,900,000 1,900,000
(4) The department of administration shall bundle requests for the purchase and installation of the
electrical generators into a single project for bid.
Section 3. Capital development projects appropriations and authorizations. (1) The following
money is appropriated to the department of administration for the indicated capital development projects from
the indicated sources. Funds not requiring legislative appropriation are included for the purpose of
authorization. The department of administration is authorized to transfer the appropriations, authority, or both
among the necessary fund types for these projects:
Agency/Project LRBP State Federal Authority Total
CD Special Special Only
Fund Revenue Revenue Sources
DOC MSP Low-Side Housing Expansion
150,000,000 150,000,000
Funding is provided to expand the capital project in Section 2, Chapter 765, Laws of 2023. The
department may extend existing design, construction, and other contracts at its sole discretion, in order to
expedite the project.
DOC MSP Site Infrastructure Upgrades
21,000,000 21,000,000
Funding is provided to expand the capital project in Section 2, Chapter 765, Laws of 2023. The
department may also extend existing design, construction, and other contracts at its sole discretion, in order to
expedite the project.
DPHHS MSH Comprehensive Mechanical System Replacement
11,200,000 11,200,000
DOC MSP Comprehensive Mechanical System Replacement
4,750,000 4,750,000
DPHHS MSH Spratt Building Upgrades for Licensure and Facility Fences
14,660,000 14,660,000
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Funding may be redirected by the office of budget and program planning to address other capital
project needs at the Montana State Hospital, subject to 17-7-210.
DPHHS MMHNCC Unit D
Remodel for Licensure
700,000 700,000
MUS UM Selected Classrooms and Teaching Labs Modernization
11,600,000 11,600,000
DNRC Missoula New Forestry and Trust Lands Office Building
2,000,000 2,000,000
DNRC Bunkhouses in Helena, Libby, and Plains and Office Addition
1,500,000 600,000 2,100,000
The department of administration may prioritize the funding, design, and construction between each of
the bunkhouses and office additions as necessary to meet the intent of [sections 3(8)(c) and 3(9)].
DOA Capitol Complex Roof Replacements
4,100,000 4,100,000
MUS UM Selected Roof Replacements
3,000,000 3,000,000
MUS MT Tech Highlands College Roof Replacement
5,000,000 5,000,000
MUS MSUB Cisel Hall HVAC and Plumbing System Upgrades
4,000,000 4,000,000
DOA Capitol Complex Elevator System Upgrades
5,700,000 5,700,000
MSDB Vocational Building Demolition and New Construction
4,000,000 4,000,000
MUS MSU Lewis Hall New Elevator and ADA Upgrades
4,600,000 4,600,000
MUS UM Music Building Renovation
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7,250,000 7,250,000 14,500,000
DOA 1227 11th Avenue Renovation
3,600,000 3,600,000
DOA 1300 11th Avenue Renovation
4,150,000 4,150,000
MUS UM Mansfield Library Renovation
9,000,000 9,000,000 18,000,000
MUS MSU Hamilton Hall 3rd and 4th Floor Renovation
5,230,000 5,230,000
DOA 5 South Last Chance Gulch Building Renovation
17,300,000 17,300,000
DMA SMART Deferred Maintenance Program, Statewide
1,500,000 4,500,000 6,000,000
DOC MSP Construction Education Program Building and Old Territorial Prison Repair
4,200,000 4,200,000
DMA Billings Limited Army Aviation Support Facility, Phase 2
23,100,000 23,100,000
DMA MTANG New Training Drop Zone
1,800,000 1,800,000
DOJ MLEA New Indoor Firing Range
10,000,000 10,000,000
DMA MT State Veterans' Cemetery, New Interment Processing Center
600,000 600,000
FWP Central Services Site Upgrades Phase 2
13,350,000 13,350,000
FWP Central Services Site Upgrades Phase 3
16,680,000 16,680,000
FWP State Park Storage Building at Cooney Park and Deadman Basin FAS
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375,000 375,000
The department of administration may prioritize the funding, design, and construction between each of
the storage buildings as necessary to meet the intent of [sections 3(8)(c) and 3(10)].
MDT Equipment Storage Buildings at Three Forks, Wolf Creek, Lodge Grass, Conrad, and Miles City
5,300,000 5,300,000
The department of administration may prioritize the funding, design, and construction between each of
the equipment storage buildings as necessary to meet the intent of [sections 3(8)(c) and 3(11)].
MDT Purchase of Equipment Repair Shop and Property
8,500,000 8,500,000
MUS MSUB New Art Building
13,400,000 13,400,000
MUS UM New Bandy Ranch Field Research Housing
2,000,000 2,000,000
MUS UM Bio Research Building Addition
8,000,000 8,000,000
MUS MSU Instructional Space Modernization
4,000,000 4,000,000
MUS UM Law School Interior Remodel
3,000,000 3,000,000
MUS UM McGill Hall Addition
3,000,000 3,000,000
Authority-only increase is provided for the project in Section 3, Chapter 763, Laws of 2023.
MUS MSU Nopper Building Purchase
6,500,000 6,500,000
MUS UM Undergraduate Research Lab Upgrades and Improvements
10,000,000 10,000,000
MUS UM South Campus Tennis Court Complex
8,300,000 8,300,000
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MUS MSU Visual Communications Building Classroom Addition
11,500,000 11,500,000
Authority-only increase is provided for the project in Section 2, Chapter 422, Laws of 2019, and Section
3, Chapter 763, Laws of 2023.
MUS Women's Soccer Locker Room Remodel and Lighting
400,000 400,000
MUS Montana Tech Campus Expansion and Upgrades 50,000,000 50,000,000
(2) The following money is appropriated to the department of military affairs for the indicated
capital development projects from the indicated sources. Funds not requiring legislative appropriation are
included for the purpose of authorization and are subject to the provisions of 18-2-103.
Agency/Project LRBP State Federal Authority Total
CD Special Special Only
Fund Revenue Revenue Sources
DMA Fort Harrison Open Bay Barracks
10,500,000 10,500,000
Federal special revenue is provided for the purposes of construction for the project consented to by the
governor in August 2024 in accordance with 18-2-102(2)(e) for use of $1,880,000 of federal funds for design
only.
DMA Fort Harrison Vehicle Paint Shop Construction
4,000,000 4,000,000
DMA MTARNG Vehicle Maintenance Shop Construction
20,000,000 20,000,000
DMA Limestone Hills Target Storage Building Replacement
60,000 60,000
DMA Veterans' Cemetery Expansions, Statewide
1,000,000 1,000,000
DMA Capital Reserve Fund 31,505,000 31,505,000
(3) (a) The capital reserve fund may be used by the department of military affairs to fund projects
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in [section 3] subsequently identified after the passage of [this act].
(b) A project must be prepared that describes each task to be completed with a budget for each
proposed project. The project description must be submitted by the department of military affairs through the
department of administration to the general government budget committee and the long-range planning budget
committee. After the project description has been submitted to those committees, the budget director may
approve, modify, or deny the proposed project.
(4) (a) The following money is appropriated to the office of budget and program planning for the
indicated capital development project from the indicated source for the purpose of major repairs and capital
projects on the Capitol complex:
Agency/Project LRBP State Federal Authority Total
CD Special Special Only
Fund Revenue Revenue Sources
OBPP Capitol Complex Deferred Maintenance and Renewal
50,000,000 50,000,000
(b) The office of budget and program planning is authorized to transfer any or all of the
appropriation to the department of administration. The department of administration is authorized to adjust
major repair or capital development project amounts within the legislative intent, if approved by the office of
budget and program planning, and to transfer the appropriations, authority, or both among the necessary fund
types.
(c) The funds may be used in conjunction with projects appropriated in Section 14, Subsection 4,
Chapter 762, Laws of 2023. The department may also extend existing design, construction, and other contracts
at its sole discretion.
(d) The funds may not be utilized in or for space leased or to be leased by a state agency or to
construct or acquire additional state-owned square footage.
(5) (a) The following money is appropriated to the department of administration for the purpose of
capital development projects planning studies for agencies, including the university system, on capital projects
that are anticipated to be greater than a total project cost of $10 million:
Agency/Project LRBP State Federal Authority Total
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CD Special Special Only
Fund Revenue Revenue Sources
DOA Capital Development Projects Planning Studies
2,000,000 2,000,000
(b) Prior to usage of the funds, the department shall require agencies to submit individual capital
project applications, along with 6-year facilities strategic plans, and make recommendations to the office of
budget and program planning. A planning study must be approved by the office of budget and program
planning prior to commencement by the department.
(c) The results of a planning study must contain the full narrative and explanation of the needs,
project scope and programmatic information, design and construction schedule, itemized total capital project
costs, any future staffing costs, and any future operations and maintenance costs.
(d) Subject to 17-7-211, agencies, including the university system, may utilize other funding
sources to initiate or participate in a capital projects planning study.
(6) (a) The following money is appropriated to the department of administration as reserve funding
on major repair-type and capital development-type capital projects:
Agency/Project LRBP State Federal Authority Total
CD Special Special Only
Fund Revenue Revenue Sources
DOA Reserve Funds for Market, Supply Chain, and Inflationary Impacts
10,000,000 10,000,000
(b) Prior to usage of the funds, the department shall submit a recommendation with sufficient
justification for approval to the office of budget and program planning.
(c) Funding may not be used to expand beyond the scope of a project authorized by the
legislature. This aggregate amount does not limit or restrict 17-7-211.
(7) (a) Pursuant to 17-7-210, if construction or acquisition of a new facility requires an immediate
or future increase in state funding for program expansion or operations and maintenance, the legislature may
not authorize the new facility unless it also appropriates funds for the increase in state funding for program
expansion and operations and maintenance. To the extent allowed by law, at the end of each fiscal year
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following approval of a new facility but prior to receipt of its certificate of occupancy, the appropriation made in
this subsection reverts to its originating fund. The appropriation is not subject to the provisions of 17-7-304.
(b) Subject to subsection (7)(e), the following money is appropriated for the biennium beginning
July 1, 2025, to the indicated agency from the indicated sources for program expansion or operations and
maintenance for the indicated new facility:
Agency/Project General State Federal Authority Total
Fund Special Special Only
Revenue Revenue Sources
DNRC Missoula New Forestry and Trust Lands Office Building
50,876 50,876
DNRC Helena Wildland Firefighter Bunkhouses
66,360 66,360
DNRC Libby Wildland Firefighter Bunkhouses and Office Addition
33,180 33,180
DNRC Plains Wildland Firefighter Bunkhouse
33,180 33,180
MUS MSU Lewis Hall New Elevator and ADA Upgrades
37,800 37,800
DOA 5 South Last Chance Gulch Building Renovation
173,550 173,550
DMA Billings Limited Army Aviation Support Facility, Phase 2
107,400 107,400
DOJ MLEA New Indoor Firing Range
150,000 150,000
DMA MT State Veterans' Cemetery, New Interment Processing Center
9,625 9,625
FWP Central Services Site Upgrades Phase 2
133,468 133,468
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FWP Central Services Site Upgrades Phase 3
208,545 208,545
FWP Region 5 Cooney State Park Storage Building
2,778 2,778
FWP Region 5 Deadman's Basin FAS Storage Building
4,250 4,250
MDT Three Forks Equipment Storage Building
48,150 48,150
MDT Wolf Creek Equipment Storage Building
33,400 33,400
MDT Lodge Grass Equipment Storage Building
33,400 33,400
MDT Conrad Equipment Storage Building
41,650 41,650
MDT Miles City Equipment Storage Building
44,750 44,750
MUS MSUB New Art Building
257,680 257,680
MUS UM New Bandy Ranch Field Research Housing
108,705 108,705
MUS UM Bio Research Building Addition
246,050 246,050
MUS UM McGill Hall Addition
71,968 71,968
MUS MSU Nopper Building Purchase
1,252,186 1,252,186
MUS UM South Campus Tennis Court Complex
359,086 359,086
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MUS MSU Visual Communications Building Classroom Addition
59,286 140,403 199,689
DMA Fort Harrison Open Bay Barracks
204,800 204,800
DMA Fort Harrison Vehicle Paint Shop Construction
42,100 42,100
DMA MTARNG Vehicle Maintenance Shop Construction
134,800 134,800
DMA Fort Harrison Facility Maintenance Shop #3 (FMS #3) Acquisition
31,000 31,000
MUS Montana Tech Campus Expansion and Upgrades
2,543,693 2,543,693
Funds for operations and maintenance are provided upon completion of the transfer of the facility from
federal to state ownership. The department of administration may utilize the FMS #3 to construct either or both
the capital projects DMA DES State Emergency Coordination Center Expansion and DMA DES State Disaster
Warehouse in Section 3, Chapter 763, Laws of 2023. If constructed within the FMS #3, the operations and
maintenance funding for either or both the projects in Section 3, Chapter 763, Laws of 2023, shall transfer to
the acquired FMS #3.
DMA Billings Readiness Center and Innovation Campus (BRIC)
98,500 (General Fund) 98,500 (Federal Special Revenue) 197,000 (Total)
Funds for operations and maintenance are provided for the project in Section 3, Chapter 763, Laws of
2023, and are contingent on the sale of the existing Billings Armed Forces Reserve Center (BAFRC). After the
sale, operations and maintenance funding currently appropriated to the department of military affairs for the
existing Billings Armed Forces Reserve Center shall then be added to and utilized for the new Billings
Readiness Center operations and maintenance.
DOA Governor's Office, 720 Madison Avenue
270,250 (General Fund) 270,250 (Total)
Funds for operations and maintenance are provided upon completion of the transfer of the real property
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to the department of administration.
(c) Subject to subsection (7)(e), the following money is appropriated for fiscal year 2027 to the
indicated agency from the indicated sources for program expansion or operations and maintenance for the
indicated new facility:
Agency/Project GeneralState Federal Authority Total
Fund Special Special Only
Revenue Revenue Sources
DOC MSP Low-Side Housing Expansion
6,950,000 6,950,000
(d) It is the legislature’s intent that the appropriations in this subsection become part of the
respective agency’s base budget for the biennium beginning July 1, 2025.
(e) Appropriations in subsections (7)(b) and (7)(c) are contingent on the passage and approval of a
bill that includes an appropriation for the construction of the indicated projects in subsections (7)(b) and (7)(c).
(f) Funds appropriated in [this act] and prior appropriations, including House Bill 2, House Bill 5,
and House Bill 872 from the 2023 session, may not be used to construct or staff a guard house at the Montana
state hospital.
(8) The department of administration shall prioritize the project management and contracting for
design and construction of capital projects contained in [this act] and may combine or bundle projects at its
discretion, in the following order:
(a) (i) projects for the department of public health and human services, specifically DPHHS MSH
Comprehensive Mechanical System Replacement, DPHHS MSH Spratt Building Upgrades for Licensure and
Facility Fences, and the DPHHS MMHNCC D-Wing Remodel for Licensure;
(ii) projects for the department of corrections, specifically DOC MSP Low-Side Housing Expansion,
DOC MSP Site Infrastructure Upgrades, DOC MSP Comprehensive Mechanical System Replacement, and the
DOC MSP Construction Education Program Building Renovation and Old Territorial Prison Repair;
(iii) remaining projects in [this act] as determined by the department in accordance with 18-2-104
and taking into consideration prior appropriated capital projects.
(b) Based upon project type or location, the department may combine or bundle the procurement
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of design services, bidding, and construction contracting for the purposes of efficiently implementing capital
projects in either [section 2] or [section 3] or both.
(c) The department may also extend existing design, construction, and other contracts for capital
projects in either [section 2] or [section 3] or both at its sole discretion, in order to expedite the implementation,
design, and construction of capital projects in [this act].
(d) Should funding in House Bill 3 be insufficient for the replacement of the security doors in the
RHU and SAU facilities at the Montana State Prison, the department of administration is authorized to adjust
prior capital project appropriations in House Bill 817 of the 68th session and appropriations in [this act] for the
department of corrections to complete the replacement of the security doors.
(9) The department shall develop standardized designs for bunkhouses used by all state agencies
differentiated only by the number of beds they contain. Only one architectural fee may be paid for the
bunkhouse design.
(10) The department shall develop standardized designs for storage sheds used by all state
agencies differentiated only by the size of the shed. Only one architectural fee may be paid for the storage shed
design.
(11) The department shall develop standardized designs for department of transportation equipment
storage buildings differentiated only by the number of equipment bays in the structure. Only one architectural
fee may be paid for the equipment storage building design.
(12) The architecture and engineering division of the department of administration shall provide a
written report on the progress in implementing the projects identified as priority projects in subsections (8)(a)(i)
and (8)(a)(ii) and the work done to implement projects in subsection (8)(a)(iii) 5 days prior to a meeting of the
following committees:
(a) the legislative finance committee; and
(b) the long-range planning budget committee.
Section 4. Capital improvement projects. (1) The following money is appropriated to the
department of fish, wildlife, and parks in the indicated amounts for the purpose of making capital improvements
to statewide facilities. Funds not requiring legislative appropriation are included for the purpose of authorization.
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The department of fish, wildlife, and parks is authorized to transfer the appropriations, authority, or both among
the necessary fund types for these projects:
Agency/Project State Federal Authority Total
Special Special Only
Revenue Revenue Source
FWP Statewide Administrative Facilities Major Maintenance
2,800,000 2,800,000
FWP Fishing Access Site Major Maintenance
1,590,000 1,590,000
FWP Statewide Hatchery Maintenance and Repairs
2,500,000 2,500,000
FWP Fishing Access Site Noxious Weed Control
250,000 250,000
FWP Wildlife Management Area Maintenance
3,380,000 3,380,000
FWP State Parks Major Maintenance
4,500,000 4,500,000
FWP State Parks Noxious Weed Control
250,000 250,000
FWP Statewide Wildlife Habitat Management Areas Improvements
680,000 680,000
FWP Future Fisheries
2,000,000 2,000,000
FWP Contract Programs
2,250,000 2,250,000
FWP Fish Connectivity
1,635,000 1,775,000 3,410,000
FWP Lewis and Clark Caverns State Park Water System
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692,500 692,500 1,385,000
FWP Community Fishing Ponds
200,000 200,000
FWP Parks and Outdoor Recreation Site Development and Upgrades
4,509,680 510,000 5,019,680
For the Judith Landing Site, noxious weed control must be performed with a portion of the funds
appropriated for the location.
FWP Upland Game Bird Enhancement Program
2,000,000 2,000,000
FWP Dam Maintenance
90,000 90,000
FWP Region 5 HQ Pemberton Lane Improvements
255,000 255,000
FWP Grants Programs
5,800,000 7,900,000 13,700,000
FWP Bannack State Park Historic Preservation
250,000 250,000
FWP Forest Management Program
250,000 250,000
FWP Tongue/Yellowstone/Muggli Fishery Infrastructure Improvements
1,430,000 1,430,000
(2) Authority is granted to the Montana university system for the purpose of making capital
improvements to campus facilities statewide. Authority-only funds may include donations, grants, auxiliary
funds, proprietary funds, nonstate funds, and university funds. Use of authority-only funds may be allocated at
not more than $2,500,000 per project and are subject to the provisions of 18-2-103. All costs for the operations
and maintenance of any improvements constructed under this authorization must be paid by the Montana
university system from nonstate sources:
Agency/Project LRBP State Federal Authority Total
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Fund Special Special Only
Revenue Revenue Sources
General Spending Authority, MUS All Campuses 20,000,000 20,000,000
(3) The following money is appropriated to the department of transportation in the indicated
amount for the purpose of making capital improvements to statewide facilities as indicated and are subject to
the provisions of 18-2-103:
Agency/Project LRBP State Federal Authority Total
Fund Special Special Only
Revenue Revenue Sources
Maintenance, Repair, and Small Projects, Statewide
3,000,000 3,000,000
(4) The following money is appropriated to the department of military affairs in the indicated
amount for the purpose of making capital improvements to statewide facilities. The capital improvements are
subject to the provisions of 18-2-103. All costs for the operation and maintenance of any improvements
constructed with these funds must be paid by the department of military affairs from nonstate sources:
Agency/Project LRBP State Federal Authority Total
Fund Special Special Only
Revenue Revenue Sources
Federal Spending Authority 3,000,000 3,000,000
(5) The following money is appropriated to the department of environmental quality in the indicated
amount for the purpose of leaking petroleum tank remediation to address risks to human health or the
environment at petroleum sites where there is no readily apparent potentially liable person or entity that is
financially viable:
Agency/Project LRBP State Federal Authority Total
Fund Special Special Only Revenue
Revenue Revenue Sources
Remediation of Leaking Petroleum Tanks
2,000,000 2,000,000
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Section 5. Land acquisition appropriations. The following money is appropriated to the department
of fish, wildlife, and parks in the indicated amounts for the purposes of land acquisition, land leasing, easement
purchase, or development agreements. The department of fish, wildlife, and parks is authorized to transfer the
appropriations, authority, or both among the necessary fund types for these projects:
Agency/Project State Federal Authority Total
Special Special Only
Revenue Revenue Sources
FWP Habitat Montana
12,000,000 12,000,000
FWP Fishing Access Site Acquisition
500,000 500,000
FWP Habitat Montana -- Enhanced 701 Funding
18,000,000 18,000,000
Section 6. Planning and design. The department of administration may proceed with the planning
and design of capital projects in either or both [sections 2 and 3] prior to the receipt of other funding sources.
The department may use interentity loans in accordance with 17-2-107 to pay planning and design costs
incurred before the receipt of other funding sources.
Section 7. Capital projects -- contingent funds. (1) If a capital project is financed, in whole or in
part, with appropriations contingent on the receipt of other funding sources, the department of administration
may not let the project for bid until a financial plan and agreement with the agency has been approved by the
director of the department of administration. A financial plan and agreement may not be approved by the
director if:
(a) the level of funding and authorization provided under the financial plan and agreement deviates
substantially from the funding level provided in either or both [sections 2 and 3] for that project; or
(b) the scope of the project is substantially altered or revised from the concept and intent for that
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project as presented to the 69th legislature.
(2) For any capital project financed, in whole or in part, with appropriations contingent on the
receipt of other funding sources in this biennium and any prior biennium, the agency, including the university
system, for which the capital project is for must submit a report through the department of administration
architecture and engineering division to the Joint Appropriations Subcommittee for Long-Range Planning
indicating the status of the other sources of funding, how much funding has been received, projections of when
the funding is anticipated to be received, or if the project should be canceled. A report must be provided to the
subcommittee during every regular session of the legislature until a project begins construction or is canceled
by the legislature.
(3) This section does not limit or restrict the application of 17-7-211.
Section 8. Review by department of environmental quality. The department of environmental
quality shall review capital projects authorized in either or both [sections 2 and 3] for potential inclusion in the
state building energy conservation program (SBECP) under Title 90, chapter 4, part 6. When a review shows
that a capital project will result in energy or utility savings and improvements, that project must be submitted to
the energy conservation program for funding consideration by the SBECP. Funding provided under the energy
conservation program guidelines must be used to offset or add to the authorized funding for the project, and the
amount will be dependent on the annual utility savings resulting from the capital project. Agencies must be
notified of potential funding after the review and are obligated to utilize the SBECP funding, if available, on the
terms and conditions specified by the department.
Section 9. Legislative intent. The appropriations authorized in [sections 2 through 5] constitute
legislative consent for the capital projects contained in [sections 2 through 5] within the meaning of 17-7-201
and 18-2-102.
Section 10. Increase in state funding for program expansion or operations and maintenance. If
an immediate or future increase in state funding for program expansion or operations and maintenance is
required for a new facility in [section 3] but the increase is not appropriated by the 69th legislature, that new
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facility in [section 3] is not appropriated or authorized as provided in 17-7-210.
Section 11. Section 17-7-201, MCA, is amended to read:
"17-7-201. Definitions. In this part, the following definitions apply:
(1) (a) "Building" includes a:
(i) building, facility, or structure constructed or purchased wholly or in part with state money;
(ii) building, facility, or structure at a state institution;
(iii) building, facility, or structure owned or to be owned by a state agency, including the department
of transportation.
(b) The term does not include a:
(i) building, facility, or structure owned or to be owned by a county, city, town, school district, or
special improvement district;
(ii) facility or structure used as a component part of a highway or water conservation project.
(2) "Capital development" means a:
(a) renovation, construction, alteration, site, or utility project with a total cost of $2.5 million or
more;
(b) new facility with a construction cost of $250,000 or more; or
(c) purchase of real property for which an appropriation is required to fund the purchase.
(3) "Construction" includes construction, repair, alteration, renovation, and equipping and
furnishing during construction, repair, or alteration.
(4) "Division" means the architecture and engineering division of the department of administration.
(5) "High-performance building" means a building that integrates and optimizes all major high-
performance building attributes, including but not limited to:
(a) energy efficiency;
(b) durability;
(c) life-cycle performance; and
(d) occupant productivity.
(6) (a) "Long-range building program-eligible building" means a building, facility, or structure
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eligible for major repair account funding that:
(i) is owned or fully operated by a state agency and for which the operation and maintenance are
funded with state general fund money; or
(ii) supports academic missions of the university system and for which the operation and
maintenance are funded with current unrestricted university funds.
(b) The term does not include a building, facility, or structure:
(i) owned or operated by a state agency and for which the operation and maintenance are entirely
funded with state special revenue, federal special revenue, or proprietary funds; or
(ii) that supports nonacademic functions of the university system and for which the operation and
maintenance are funded from nonstate and nontuition sources.
(7) (a) "Major repair" means:
(i) a renovation, alteration, replacement, or repair project with a total cost of less than $2.5 million;
(ii) a site or utility improvement with a total cost of less than $2.5 million; or
(iii) a new facility with a total construction cost of less than $250,000.
(b) The term does not include operations and maintenance as defined in this section.
(8) (a) "New facility" means the construction or acquisition of a new building on state property
regardless of funding source and includes:
(i) an addition to an existing building; and
(ii) the enclosure of space that was not previously fully enclosed.
(b) The term does not include the replacement of state-owned space that is demolished or that is
otherwise removed from state use if the total construction cost of the replacement space is less than $2.5
million.
(9) "Operations and maintenance" means operational costs and regular, ongoing, and routine
repairs and maintenance funded in an agency operating budget that does not extend the capacity, function, or
lifespan of a facility.
(10) "Replacement cost of existing long-range building program-eligible building" means the current
replacement value of all long-range building program-eligible buildings included in the statewide facility
inventory and condition assessment as provided in 17-7-202."
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Section 12. Section 17-7-202, MCA, is amended to read:
"17-7-202. Preparation of building programs and submission to department of administration --
statewide facility inventory and condition assessment. (1) Before July 1 April 1 of the year preceding a
legislative session, each state agency and institution shall submit to the architecture and engineering division of
the department of administration, on forms furnished by the division, a proposed long-range building program
for major repair projects and capital developments, if any, for the agency or institution along with the agency’s
or institution’s 6-year capital development facilities strategic plan. Excluding major repair projects greater than
$2,500,000, the division may not include a capital development project request in the information provided
pursuant to 17-7-202(4) without the project also being included in an agency’s or institution’s 6-year capital
development facilities strategic plan, unless approved by the office of budget and program planning. Each
agency and institution shall furnish any additional information requested by the division relating to the utilization
of or need for major repair projects and capital developments.
(2) (a) Except as provided in subsection (3), the division shall compile and maintain a statewide
facility inventory and condition assessment that:
(i) for each state-owned building:
(A) identifies its location and total square footage;
(B) identifies the agency or agencies using or occupying the building and how much square
footage each agency uses or occupies;
(C) lists the current replacement value of the building in its entirety and each agency's portion of
the building; and
(D) identifies whether the building is a long-range building program-eligible building; and
(ii) for each long-range building program-eligible building:
(A) includes a facility condition assessment of the building and an itemized list of the building's
deficiencies; and
(B) compares the building's current building deficiency ratio to its deficiency ratio in the previous
biennium.
(b) The division may contract with a private vendor to collect, analyze, and compile the building
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information required in this subsection (2).
(c) The facility inventory and condition assessment must be updated as determined by the division.
(d) The division may incorporate in the statewide facility inventory and condition assessment any
facility condition assessment or similar document compiled by an agency.
(e) The division shall provide the statewide facility inventory and condition assessment, including a
calculation of the deferred maintenance backlog and overall building deficiency ratio of the long-range building
program-eligible buildings, to the office of budget and program planning and the legislative finance committee
by September 1 of the year preceding a regular legislative session in an electronic format. The division shall
provide a copy of the report to the legislature in accordance with 5-11-210.
(3) The division is not required to include a state-owned building that has a current replacement
value of $150,000 $300,000 or less in the facility inventory and condition assessment.
(4) The division shall examine the information furnished by each agency and institution and shall
gather whatever additional information is necessary and conduct whatever surveys are necessary in order to
provide a factual basis for determining the need for and the feasibility of major repair projects and capital
developments. The information compiled by the division shall be submitted to the governor before October 1 of
the year preceding a regular legislative session."
Section 13. Section 17-7-210, MCA, is amended to read:
"17-7-210. Required funding for maintenance of newly authorized state buildings. (1) If
construction or acquisition of a new facility requires an immediate or future increase in state funding for
program expansion or operations and maintenance, the legislature may not authorize the new facility unless it
also appropriates funds for the increase in state funding for program expansion and operations and
maintenance.
(2) (a) To the extent allowed by law, at the end of each fiscal year following approval of a new
facility but prior to receipt of its certificate of occupancy or acquisition, the appropriation made pursuant to
subsection (1) reverts to its originating fund. The appropriation is not subject to the provisions of 17-7-304.
(b) When a certificate of occupancy or acquisition for a new facility is received prior to the end of
the fiscal year, the amount of the appropriation made pursuant to subsection (1) that reverts to its originating
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fund is the prorated amount from the beginning of the fiscal year to the date of the receipt of the certificate of
occupancy."
Section 14. Section 17-7-223, MCA, is amended to read:
"17-7-223. Major repair -- submission of list to legislature -- priorities. (1) By November 15 of the
year preceding a regular legislative session, the division shall, on behalf of all state agencies, submit a list of
anticipated major repair projects to the governor. The governor shall review the list of anticipated long-range
building program-eligible major repair projects recommended by the division and submit it to the legislature.
(2) The division shall ensure that the list identifies:
(a) single projects that cost more than $150,000 $300,000;
(b) multiple projects within a single building or facility that collectively cost more than $150,000
$300,000; and
(c) single projects that will be constructed in phases with an aggregate cost of more than $150,000
$300,000.
(3) Unless otherwise directed by the legislature, the division shall execute major repair projects
from the prioritized list submitted to the legislature up to the level of appropriation made by the legislature.
(4) In prioritizing major repair projects, the division shall consider the results of the statewide
facility inventory and condition assessment prepared pursuant to 17-7-202.
(5) In prioritizing major repair projects, the division shall allocate at least 80% of the funds that the
legislature appropriates for major repair to:
(a) projects that address:
(i) any issue that impacts health and safety;
(ii) failing building envelopes;
(iii) structural deficiencies;
(iv) energy, utility, or water savings;
(b) projects that upgrade, repair, or replace:
(i) mechanical, plumbing, or control systems;
(ii) electrical systems;
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(iii) fixed equipment;
(iv) an essential building component; or
(v) infrastructure, including a utility tunnel, water line, gas line, sewer line, roof, parking lot, or road;
or
(c) projects that demolish and replace an existing building or facility that is in extensive disrepair
and cannot be fixed by repair or maintenance.
(6) In prioritizing major repair projects, the division shall allocate no more than 20% of the funds
that the legislature appropriates for major repair to:
(a) remodeling and aesthetic upgrades to meet programmatic needs; or
(b) construct an addition to an existing building or facility."
Section 15. Section 3, Chapter 763, Laws of 2023, is amended to read:
The portion of section 3(1), Chapter 763, Laws of 2023, appropriating money from the capital
development account to the department of administration for the indicated capital project is amended to read:
"DPHHS MSH Compliance Upgrades for Recertification & Deferred Maintenance
15,903,000 15,903,000
Up to $10,000,000 of funding for the project must be used for rebuilding a water line constructed by the
state serving the Montana State Hospital. The department is authorized to contract with Anaconda-Deer Lodge
County for this portion of the project at the department's discretion."
Section 16. Transfer of funds. (1) By June 30, 2027, the department of administration shall transfer
$150 million from the general fund to the capital developments long-range building program account
established in 17-7-209.
(2) By July 1, 2025, the state treasurer shall transfer $2 million from the general fund to a state
special account within the department of environmental quality for the purpose of leaking petroleum tank
remediation.
Section 17. Transfer of funds -- plan and reporting. (1) By June 30, 2026, the state treasurer shall
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transfer $26.5 million from the capital developments long-range building program account established in 17-7-
209 to the board of investments for the purposes of building a behavioral health facility.
(2) Prior to the transfer in subsection (1) taking place, the budget director shall adopt a plan from
the board of investments and the department of public health and human services on the facility type and
location. The board of investments and the department of public health and human services shall report to the
health and human services interim budget committee established in 5-12-501 on the progress of choosing the
facility type and location. Once a plan is adopted by the budget director, the board of investments and the
department of public health and human services shall provide a progress report at each subsequent meeting of
the health and human services interim budget committee and each subsequent meeting of the long-range
planning budget committee that are held prior to December 31, 2026.
(3) Any unspent funds must revert to the capital developments long-range building program
account.
Section 18. Coordination instruction. If both House Bill No. 217 and [this act] are passed and
approved, then the reference to the department of environmental quality in [section 8 of this act] must be
changed to "the department of administration architecture and engineering division".
Section 19. Section 14(1), Chapter 762, Laws of 2023, is amended to read:
"Section 14. Appropriations. (1) There is appropriated $12.5 $15 million from the account
established in [section 11] to the legislative branch for the biennium beginning July 1, 2023, for the purposes
set forth in subsections (2) and (3). This appropriation is reappropriated for the purposes of the original
appropriation until the funds are fully expended."
Section 20. Section 9(1), Chapter 739, Laws of 2023, is amended to read:
"Section 9. Appropriations for capital projects. (1) After the administrative rules have been
adopted under [section 4] and only after the commission transmits its summary report on its recommendations
to the governor after following the process set forth in [section 2], there is appropriated $55 $28.5 million to the
department of administration from the capital developments long-range building program account in the capital
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projects fund type provided for in 17-7-209 for the behavioral health system for future generations capital
development."
Section 21. Operations and maintenance appropriation. (1) The amount of $10 million is
appropriated from the general fund to the department of public health and human services for the fiscal year
beginning July 1, 2026, for program expansion or operations and maintenance for the indicated new setting.
(2) It is the intent of the legislature that the appropriation in subsection (1) become part of the base
budget for the department of public health and human services for the biennium beginning July 1, 2027.
Section 22. Section 1, Chapter 468, Laws of 2021, is amended to read:
The portion of section 1, Chapter 468, Laws of 2021, appropriating money from the capital
development account to the department of administration for the indicated capital project is amended to read:
"MONTANA UNIVERSITY SYSTEM
UM Forestry Conservation & Science Lab
25,000,000 20,000,000 45,000,000"
Section 23. Section 3, Chapter 763, Laws of 2023, is amended to read:
The portion of section 3(1), Chapter 763, Laws of 2023, appropriating money from the capital
development account to the department of administration for the indicated capital project is amended to read:
"MUS UM Clapp Building Renovation Replacement
27,000,000 10,000,000 37,000,000
52,000,000 20,000,000 72,000,000"
Section 24. Combination of capital development appropriations. (1) The architecture and
engineering division of the department of administration shall combine the UM Forestry Conservation & Science
Lab capital project previously authorized in section 1, Chapter 468, Laws of 2021, with the Clapp Building
Replacement capital project, previously authorized in section 3, Chapter 763, Laws of 2023. The combined
appropriation must result in a single facility of not more than the gross square footage of the existing Clapp
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Building on the same site and may not expand existing programs into other UM facilities or result in any new
programs.
(2) The architecture and engineering division of the department of administration may reutilize
portions of the existing Clapp Building, including the basement, foundation, and utility systems, or other portions
of the existing building, based on analysis of the existing facility taking into consideration existing asbestos
containing materials, seismic and structural conditions, mechanical and electrical or plumbing systems, energy
efficiency, functionality, UM program needs, and long-term operational and maintenance costs.
Section 25. 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 26. Effective date. [This act] is effective on passage and approval.
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I hereby certify that the within bill,
HB 5, originated in the House.
___________________________________________
Chief Clerk of the House
___________________________________________
Speaker of the House
Signed this _______________________________day
of____________________________________, 2025.
___________________________________________
President of the Senate
Signed this _______________________________day
of____________________________________, 2025.
HOUSE BILL NO. 5
INTRODUCED BY J. FITZPATRICK
BY REQUEST OF THE OFFICE OF BUDGET AND PROGRAM PLANNING
AN ACT APPROPRIATING MONEY FOR MAJOR REPAIR AND CAPITAL DEVELOPMENT PROJECTS FOR
THE BIENNIUM ENDING JUNE 30, 2027; PROVIDING FOR OTHER MATTERS RELATING TO THE
APPROPRIATIONS; PROVIDING FOR A TRANSFER OF FUNDS FROM THE GENERAL FUND TO THE
CAPITAL DEVELOPMENTS LONG-RANGE BUILDING PROGRAM ACCOUNT AND A TRANSFER OF FUNDS
FROM THE GENERAL FUND TO A STATE SPECIAL REVENUE FUND; PROVIDING FOR A MODIFICATION
TO THE LONG-RANGE BUILDING PROGRAM; INCREASING CERTAIN VALUE THRESHOLDS FROM
$150,000 TO $300,000; ESTABLISHING REPORTING REQUIREMENTS; ALLOWING A COMBINATION OF
PREVIOUSLY APPROVED APPROPRIATIONS FOR THE CLAPP BUILDING; AMENDING SECTIONS 17-7-
201, 17-7-202, 17-7-210, AND 17-7-223, MCA; AMENDING SECTION 1, CHAPTER 468, LAWS OF 2021,
SECTION 9(1), CHAPTER 739, LAWS OF 2023, SECTION 14(1), CHAPTER 762, LAWS OF 2023, AND
SECTION 3, CHAPTER 763, LAWS OF 2023; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.