Legislative Wrap: Bad bills opposed by the Montana conservation community that (thankfully) failed

Here below are the bad bills opposed by the Montana conservation community that (thankfully) failed during the 2007 legislative session.

If we missed anything, let us know by contacting David Ellenberger, communications director.
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SENATE
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SB 223 - Generally revise water appropriation laws, Sen. Peterson (R-Buffalo):

Coal bed methane production consumes enormous amounts of water, further squeezing struggling farming and ranching families. Current law lacks adequate protection for farmers and ranchers affected by coal bed methane development, and SB 233 weakens current law by exempting CBM-pumped water from normal rules governing groundwater. SB 223 allows the CBM industry to ignore criteria for beneficial use, harming senior water rights holders.

Bill Status: Dead
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SB 407 - Authorizing emergency discharges of coal bed methane water, Sen. Keith Bales (R-Otter).

While CBM development enjoys broad exemptions from laws governing groundwater use, SB 407 further extends the exemptions by allowing the industry to discharge water into impoundments for an undefined “emergency.” 

Coal bed methane (CBM) production consumes enormous amounts of water, further squeezing struggling farming and ranching families.    The EPA argues that this bill would not comply with the Federal Clean Water Act.  Montana DEQ Director Richard Opper was quoted by the Billings Gazette recommending a Governor’s veto of the bill for this reason.

Northern Plains Resource Council opposed this gift to the CBM industry, while Montana Stockgrowers and the oil and gas industry, led by the Montana Petroleum Association, supported the bill. After dying in committee, the Senate successfully blasted SB 407 from Senate Natural Resources, and passed the bill 30-20. The Senate amended the bill significantly, and sent it to the House where it passed both committee and the House floor.  The bill awaits action from the Governor.

Bill Status:  Passed legislature, but was vetoed by Governor Schweitzer on May 8, 2007.  A Billings Gazette article details the Governor's veto rationale.
 
HOUSE
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HB 114 - Establish Montana electrical transmission and pipeline authority, Alan Olson (R-Roundup).

This bill allows for energy to be exported to Las Vegas and Los Angeles and will lead to an increase in prices for Montana consumers and demand for increased development of resources for the benefit of people out-of-state. In addition, this bill may extend the power of eminent domain, enabling the transmission authority to condemn Montana residents' land in order to transmit power out-of-state. Montana Environmental Information Center led the charge in opposition to this bill.

Bill Status: Dead
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HB 271 - Revise makeup of board of environmental review. Rep. Walter McNutt (R-Sidney).

This measure changes the makeup of the Board of Environmental Review, providing that one member be from the natural resource industry and one member be an economic development representative from the Governor’s office. Montana Environmental Information Center led the charge in opposition to this bill.

Bill Status: Dead
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HB 276 - Strip the state’s chief environmental rule-making entity of its authority, Rep. Walter McNutt (R-Sidney). 

This bill attempted to revise the rulemaking authority of the Board of Environmental Review, which to prohibit it from considering any subject that has already been considered by the legislature.

Senate Natural Resources stopped this bill on a 5-4 vote.  The opposition to HB 276 included a broad coalition of conservation interests, led by the Montana Environmental Information Center.  Primary proponents included mining interests Columbia Falls Aluminum Company, the Montana Mining Association and the Montana Chamber of Commerce.

Bill Status: Dead
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HB 383 - Create a loophole for irresponsible coal bed methane development by defining degraded CBM water as a non-significant pollutant, Rep. Krayton Kerns (R-Laurel). 

HB 383 would weaken current disposal regulations on CBM produced water by defining it a non-significant pollutant, and allowing its discharge into in-channel impoundments, threatening the homes, farms and ranches of senior water rights holders.

Primary opponents of HB 383 included ranchers and farmers, as well as Northern Plains and the Department of Natural Resources and Conservation.  Proponents were led by the Montana Stockgrowers and the Montana Farm Bureau. The Senate Natural Resources committee tabled this bill 5-4.

Bill Status: Dead
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HB 405 - Define all energy development as “clean,” and exempt projects from environmental laws, Rep. Michael Lange (R-Billings).

House Majority Leader Michael Lange sponsored one of the most egregious attempted attacks on clean air, water and the public process this session.  HB 405 would categorize all power production as “clean,” regardless of a plant’s emissions of mercury, carbon dioxide, and other pollutants. The bill’s definition of clean would include any electrical generation facility other than nuclear.   Additionally, the bill would have exempted all electrical generation facilities other than nuclear plants from Montana’s bedrock environmental laws, including the Montana Environmental Policy Act and Major Facilities Siting Act.

Senate Natural Resources tabled this bill 5-4.  Primary opponents of HB 405 were Evan Barrett, the Governor’s chief economic development officer, as well as Montana Audubon and the Montana Environmental Information Center.  Proponents included the Montana Chamber of Commerce, and other industry interests like the Montana Petroleum Association, the Montana Contractors Association, the Montana Mining Association, and the Western Environmental Trade Association.

Bill Status: Dead
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HB 557 - Limit local governments’ ability to properly locate gravel mines, Rep. Ralph Heinert (R-Libby).

HB 557 aimed to allow gravel mining in areas currently zoned as residential and remove a local government's ability to plan where gravel mining would be most appropriately located. Under this bill, current homeowners could find that property next to their home that they thought could only be used for residential uses, could now be approved for a large-scale gravel operation.

Senate Natural Resources tabled this bill 5-4.  Opponents to HB 557 were led by the Montana Smart Growth Coalition, Montana Audubon and MEIC.  Proponents included the Montana Contractors Association and the Montana Association of Home Builders.

Bill Status: Dead
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HB 610 - Strip the Montana Environmental Policy Act (MEPA), Rep. Jim Keane (D- Butte). 

HB 610 would render MEPA useless by eliminating public participation and recourse in the process. This measure strips the public of its right to sue for violations of the Act, thus eliminating the incentive for agencies to thoroughly analyze the impacts of major project like a coal mine.

Senate Judiciary tabled this bill 7-5.  Opponents to HB 610 included MEIC and Montana Audubon. Bull Mountain Development, Montana Mining Association, and the Montana Coal Council acted as proponents of this measure.

Bill Status: Dead
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HB 763 - Allow radioactive nuclear waste disposal in Montana, Rep. Duane Ankney (R- Colstrip).

Voters approved a statewide ban on nuclear waste disposal in 1980 - this measure would have repealed part of that citizen’s initiative.  HB 763 would enable the disposal of radioactive uranium mining tailings, facilitating a new radioactive industry in Montana.  Uranium mine waste is classified as a low-level radioactive waste, and is a state responsibility (as opposed to federal). 

Senate Natural Resources tabled this bill 5-4. The only proponent to come before the Senate committee was the Montana Mining Association.  MEIC and the Montana Public Interest Research Group effectively opposed this attack on citizens’ rights to a clean and healthful environment.

Bill Status: Dead
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Other bad bills that failed in the legislature include:

• SB 7 - Legislative veto of administrative rules, Sen. Jim Shockley (R-Victor)
• SB 148 - Regulatory flexibility act, Sen. Jim Shockley (R-Victor)
• SB 221 - Generally revise laws relating to Board of Environmental Review, Sen. Keith Bales (R-Otter)
• SB 268 - Cut surface mines coal severance tax by one-half, Sen. Keith Bales (R-Otter)
• SB 408 - Governor's office review of agency rules, Sen. Roy Brown (R-Billings)
• SB 435 - Subordinate power generation water rights, Sen. Verdell Jackson (R-Kalispell)
• SB 471 - Revise laws related to power generation water rights, Sen. Verdell Jackson (R-Kalispell)
• SB 551 - Tax holiday for coal severance tax on coal used CO2 sequestration facilities, Sen. Keith Bales (R-Otter)
• HB 196 - Create coal development impact fund, Rep. Michael Lange (R-Billings)
• HB 343 – Fund anti-wolf group’s lawsuit against the U.S. Fish & Wildlife Service, Rep. Diane Rice (R-Harrison)
• HB 346 - Authorize municipal utilities to provide electricity supply to jurisdiction, Rep. Deborah Kottel (D-Great Falls)
• HB 440 - Direct FWP to revise and update state's wolf management plan, Rep. Debby Barrett (R-Dillon)
• HB 448 - Clarify utility customer choice, Rep. Deborah Kottel (D-Great Falls)
• HB 484 - Committee to establish impacts of wildlife on agriculture, Rep. Debby Barrett (R-Dillon)
• HB 642 - Define county road bridge easement/provide use for stream access w/ conditions, Rep. Mike Milburn (R-Cascade)
• HB 674 - Establish qualified immunity defense, Rep. Michael Lange (R-Billings)
• HB 689 - Revise solid waste management laws for electric generation facilities, Rep. Alan Olson (R-Roundup)
• HB 721 - Revise laws on sportsman landowner relations/recreational use on streams, Rep. Wayne Stahl (R-Saco)
• HB 728 - Expedite application review for permits, Rep. Bill McChesney (D-Miles City)
• HB 739 - Review of certain municipal electric utility facility acquisitions, Rep. Alan Olson (R-Roundup)
• HB 754 - Generally revise MEPA, Rep. Debby Barrett (R-Dillon)
• HB 758 - Revise laws related to electrical energy, Rep. Krayton Kerns (R-Laurel)
• HB 763 - Revise laws on mining byproduct disposal, Rep. Duane Ankney (R-Colstrip)
• HB 835 - Facilitate environmental permit laws and create an college internship program, Rep. Wayne Stahl (R-Saco)
• HB 849 - Revise environmental laws, Rep. Rick Ripley (R-Wolf Creek)