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Bill > HB685


MT HB685

Feasibility allowance for nondegradation policy


summary

Introduced
02/24/2025
In Committee
03/17/2025
Crossed Over
03/07/2025
Passed
04/18/2025
Dead
Signed/Enacted/Adopted
05/13/2025

Introduced Session

2025 Regular Session

Bill Summary

AN ACT PROVIDING A FEASIBILITY ALLOWANCE TO MEET THE WATER QUALITY NONDEGRADATION POLICY; REVISING A DEFINITION; AMING ADMINISTRATIVE RULES; PROVIDING RULEMAKING AUTHORITY; AMING SECTIONS 75-5-103, 75-5-301, 75-5-303, 75-5-316, 75-5-516, AND 75-5-605, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.”

AI Summary

This bill modifies Montana's water quality regulations by replacing the concept of "degradation authorization" with a new term called "feasibility allowance" across multiple sections of state law. The bill changes how the Department of Environmental Quality can approve projects that might lower water quality in high-quality waters. Under the new framework, the department can allow a "feasibility allowance" when an applicant can demonstrate that: (1) there are no economically or technologically feasible alternatives to the project that would prevent water quality reduction, (2) the project will result in important economic or social development in the area, (3) existing and anticipated water uses will be fully protected, and (4) the least environmentally damaging water protection practices will be implemented. The bill also updates definitions, fee structures, and administrative rules to align with this new "feasibility allowance" approach, and provides an immediate effective date upon passage. The changes aim to provide more flexible language around water quality management while maintaining environmental protections, allowing for economic development projects that might marginally impact water quality when no better alternatives exist.

Committee Categories

Agriculture and Natural Resources

Sponsors (1)

Last Action

(H) Signed by Governor (on 05/13/2025)

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