Mont. Code Ann. § 17-7-201 – Definitions

In this part, the following definitions apply:

(1)
1. (a) "Building" includes a:
  1. (i) building, facility, or structure constructed or purchased wholly or in part with state money;
  2. (ii) building, facility, or structure at a state institution;
  3. (iii) building, facility, or structure owned or to be owned by a state agency, including the department of transportation.
2. (b) The term does not include a:
  1. (i) building, facility, or structure owned or to be owned by a county, city, town, school district, or special improvement district;
  2. (ii) facility or structure used as a component part of a highway or water conservation project.
(2) "Capital development" means a:
1. (a) renovation, construction, alteration, site, or utility project with a total cost of $2.5 million or more;
2. (b) new facility with a construction cost of $250,000 or more; or
3. (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:
1. (a) energy efficiency;
2. (b) durability;
3. (c) life-cycle performance; and
4. (d) occupant productivity.
(6)
1. (a) "Long-range building program-eligible building" means a building, facility, or structure eligible for major repair account funding that:
  1. (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
  2. (ii) supports academic missions of the university system and for which the operation and maintenance are funded with current unrestricted university funds.
2. (b) The term does not include a building, facility, or structure:
  1. (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
  2. (ii) that supports nonacademic functions of the university system and for which the operation and maintenance are funded from nonstate and nontuition sources.
(7)
1. (a) "Major repair" means:
  1. (i) a renovation, alteration, replacement, or repair project with a total cost of less than $2.5 million;
  2. (ii) a site or utility improvement with a total cost of less than $2.5 million; or
  3. (iii) a new facility with a total construction cost of less than $250,000.
2. (b) The term does not include operations and maintenance as defined in this section.
(8)
1. (a) "New facility" means the construction or acquisition of a new building on state property regardless of funding source and includes:
  1. (i) an addition to an existing building; and
  2. (ii) the enclosure of space that was not previously fully enclosed.
2. (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.

History: En. Sec. 14, Ch. 271, L. 1963; amd Sec. 1, Ch. 24, L. 1973; amd. Sec. 81, Ch. 326, L. 1974; R.C.M. 1947, 82-3314; amd. Sec. 3, Ch. 512, L. 1991; amd. Sec. 2, Ch. 135, L. 2009; amd. Sec. 1, Ch. 281, L. 2017; amd. Sec. 11, Ch. 469, L. 2019; amd. Sec. 14, Ch. 763, L. 2023; amd. Sec. 11, Ch. 773, L. 2025.