2009 Montana State Legislature

Conservationists: Montana’s Legislative Session Has Been ‘Rotten’ on Environment

By Peter Metcalf, 4-20-09

There’s only a short time left in a legislative session that one environmentalist says has been just plain “rotten.”

“There really is very little good coming out of this session,” Anne Hedges, program director for the Montana Environmental Information Center, said.

She says the conservation community has had to focus almost entirely on just holding the line against or limiting their losses from legislation that would gut many of Montana’s most important environmental laws or standards, such as the landmark Montana Environmental Policy Act.  And the few positive bills that found their way onto the agenda on issues like renewable energy and a greener economy mostly died along the way. 

“The good news is that a lot of really bad bills died too,” she said. 

Those bills include a number of contentious ones designed to limit the public appeal of state agencies’ environmental review or permit decisions.  Proponents of the failed legislation had argued the stricter appeal standards were necessary to streamline a process they claimed environmentalists often exploited with frivolous lawsuits.

Still, a handful of bills remain alive that trouble Hedges and other environmentalists.

Here’s a run-down of the bills the environmental community is watching, categorized by the issues:

Public Appeals Process

Sponsored by Rep. Llew Jones, R-Conrad, HB 483 would establish strict new standards, including posting a bond, for a public appeal of a Department of Environmental Quality’s decision to permit an energy development project.  On Thursday, Gov. Brian Schweitzer offered 37 amendments to this bill.  The amended bill is scheduled for a third reading before the Senate on Monday, April 20th.

Renewable Energy Standards

Also on Thursday, a bill to redefine what improvements to hydroelectric projects can count toward Montana’s Renewable Energy Standard passed the Senate on third reading and is headed to the governor’s desk.  Under the changes proposed by SB 257 hydropower companies could classify all new electricity generated from routine upgrades to their dams as renewable.  This would allow the companies to receive financial incentives for the upgrades as part of the Montana’s drive to generate 15 percent of its electricity from renewable sources, like wind or biomass, by 2015. 

Established in 2005 under then state Senator Jon Tester, D-Big Sandy, these incentives are intended to jump start new industries, like wind or solar, not cover upgrades to existing infrastructure that would have happened even without the incentive, said Sarah Cobler, program director for Montana Conservation Voters.  The renewable energy standard has successfully spurred development like the Judith Gap wind farm—projects that have the state on to pace to meet its renewables goal.  If SB 257 is signed into law, Cobler says the 15 percent standard will be achieved immediately and incentives for new projects like a proposed biomass facility in the Flathead will end. 

Carbon Sequestration

House Republicans are working to revive a bill on carbon sequestration that died on party line votes in the Federal Relations, Energy and Telecommunications Committee earlier this month. Senate Bill 498 by Sen. Keith Bales, R-Otter, would establish a regulatory framework to capture carbon dioxide released from coal-fired power plants and store it underground.  Since the bill will missed last week’s deadline for transmittal of bills back to their original house, the Senate will have to suspend its rules to accept the bill, which Hedges expects they will do.

Gravel Pits

A bill that addresses the permit procedure for gravel pits has also frustrated Hedges.  Originally supported by MEIC as a means to improve the Department of Environmental Quality’s permitting process and provide the beleaguered agency needed funds, Hedges now opposes a bill she says the industry “hijacked.” In its current form, HB 678 by Rep. J.P.Pomnichowski, D-Bozeman, would shorten, rather than extend, the time span for public review and complicate the environmental analysis of proposed projects.  The bill passed by a 39 - 11 margin on third reading before the Senate Friday and is scheduled for a second reading before the House today. 

Coal Bed Methane

Many ranchers and conservationists in Eastern Montana continue to fight HB 575 by Rep. Bill McChesney, D-Miles City.  The bill would grant coal bed methane companies the right to lease the water “produced” in their wells to ranchers for beneficial use.  The bill would overturn an earlier judicial ruling which found that this water is legally groundwater that must be appropriated, not leased, based on senior water rights.  Both chambers have passed the bill and it’s now on its way to the governor’s desk.

Energy Efficiency

Conservationists have garnered some victories as well, especially in energy efficiency standards and securing public access to public lands. 

“The legislature seems to be making some proactive changes to encourage energy efficiency standards,” Cobler said.

A little known provision in House Bill 645 that authorizes the spending of Montana’s approximately $876 million in federal stimulus money, included $35 million dollars for quick start grants to help schools fund energy efficiency improvements.

In many schools, especially in the state’s central and eastern thirds, the high cost of heating their aged buildings eats into monies that would otherwise pay for more teachers or programs like music, Cobler said.  The schools also get to keep all the savings realized by increased efficiency to use at their discretion. 

The grants, created by a coalition of green groups, labor, contractors and educators, have been paired down to $15 million in the Senate’s version of the bill.  The amended bill passed the House 73 - 27 on second reading Friday.  A Senate hearing is scheduled for today.  Unless the House accepts the Senate’s lower figure, the differences will be ironed out in conference committee. 

A trio of bills sponsored by Missoulians would also provide what Cobler calls “an incremental but significant improvement to energy efficiency in Montana.”

Signed into law by the governor, SB 49, Sen. Dave Wanzenreid, D-Missoula, requires all new and renovated state buildings to exceed current state energy efficiency by 20 percent.  House Bill 98 by Dick Barrett, D-Missoula, which is back in the House with amendments proposed by the governor, authorizes the state to contract with private companies to perform energy efficiency HB 420 sits on the Governor’s desk. Sponsored by Michelle Reinhart, D-Missoula, the bill allows local city and county jurisdictions to establish incentive-based energy conservation standards that exceed the state’s.

Public Access

Anglers, boaters, and other river users all enjoyed a major victory earlier this week when Gov. Schweitzer signed into law HB 190.  The new law clarifies and reinforces the public’s legal right to access streams from county-owned roads and bridges but also lets property owners tie fences into bridges to keep cattle off the road.  After opposition from ranchers and other landowners killed similar bills in the 2005 and 2007 legislative sessions, Rep. Kendall Van Dyk, a Democrat from Billings, forged a compromise that garnered broad landowner and legislative support. 

A pair of bills that would increase state ownership of timberlands in western Montana and provide a financial boost to the struggling timber issue continue to wind their way through the legislature as well.  Rep. Chase Vincent’s, R-Libby, HB 674 authorizes the sale of $21 million in bonds by the state to purchase 25,700 acres of former Plum Creek Timber lands surrounding the Potomac Valley as part of the Montana Legacy Project. Under the bill, the newly acquired lands will remain in timber production. Its companion bill, HB 669, provides $7.5 million in revolving loans for timber businesses.

The legislature is expected to wrap up the 2009 session by the end of the month.

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