End of 2023 Session Legislative Update
Legislative Session 2023
The 2023 legislative session ended, and what a session it was! Although we were discouraged by some of the problematic bills that passed, we did witness a few victories for water quality and our environment. All in all, the Lakers kept track of dozens of bills and took numerous actions on them. We called and messaged our legislators, provided testimony at hearings, and asked the governor to veto bills that would harm the environment. Here is a recap of the key bills we followed and took action on during the 2023 session.
Some of our wins:
SB 83 (Sen. Mike Cuffe R-Eureka) Western Montana Conservation Commission Act
This bill merges the Flathead Basin Commission (FBC) and Upper Columbia Conservation Commission (UC3) to create the Western Montana Conservation Commission. The Lakers gave testimony in support of the bill at the hearing in the House Natural Resources committee on March 13. While our statement was in support of the bill, we also expressed concerns about the potential merging of the two commissions. The bill passed both houses and was signed by Governor Gianforte. It is set to go into effect on July 1. We look forward to supporting the work of the new commission, while also ensuring the Flathead Watershed is prioritized.
SB 301 (Sen. Greg Hertz, R-Polson) Revise property laws related to lakeshore regulations
Lakers opposed, bill passed, vetoed by governor
SB 301 would strip local authorities' ability to make land use decisions within lakeshore protection zones. Montana law currently allows local governments to manage lakeshore development, recognizing that different lakes may require different protections. Local municipalities currently manage lakes through lakeshore protection regulations. For example, Lake County and Flathead County have had Lakeshore Protection Regulations for over 40 years, including a process for obtaining permits for unpermitted structures and exceptions for grandfathered structures. SB 301 would mean state government overreach, which would prevent local governments from being able to manage regulations tailored to their own lakeshores. Local management must continue to ensure long-term health of lakes.
Lakers action taken and current bill status:
We opposed this bill. Kate Sheridan gave testimony in opposition to the bill at its hearing on March 30. We also emailed legislators to ask them to vote down the bill and asked the governor for a veto. The bill passed both houses, but Governor Gianforte vetoed the bill. We’re thrilled that Flathead Lake and other lakes across the state will continue to be protected through local management and regulations!
HB 473 (Rep. Steve Gunderson, R-Libby) Provide selenium standard for Lake Koocanusa
Lakers opposed, bill died in committee
HB 473 would have rescinded a protective water quality standard for fish in the Kootenai River basin. The bill would nearly double the selenium standard for Lake Koocanusa that was established after several years of study. Excess amounts of selenium -- a by-product of coal mining -- can harm the reproductive cycle of fish, cause deformities, and lead to a decline in fish populations. The current selenium standard helps to protect fish and aquatic life and maintains the overall health of Lake Koocanusa and the Kootenai River. HB 473 favors mining companies at the expense of potential future harm to fish and water.
Lakers action taken and current bill status:
We opposed HB 473 as it would have compromised the health of a neighboring watershed. Kate Sheridan gave testimony on behalf of the Lakers in opposition to the bill at its second hearing on April 5. We also messaged the legislative committees asking them to oppose the bill. Fortunately, this bill was tabled and died in committee after the hearing. We were happy to see a win for water quality standards in Montana!
SB 524 (Sen. Greg Hertz, R-Polson) Revise unrelated business taxable income to include certain legal fees
Lakers opposed, bill died in committee
SB 524 was introduced during the second half of the session. The bill unfairly targets environmental nonprofit organizations who use the judicial system to defend clean air and water, public health, and natural resources. The Montana Environmental Information Center explains that it “would make 501(c)(3) nonprofit organizations subject to a 6.75% income tax on any expenses used to engage in a legal challenge in court when the state fails to implement or enforce state and federal environmental laws like the Clean Water Act or Clean Air Act. This bill specifically targets one type of nonprofit organizations in order to prevent them from bringing litigation to protect clean air and water and other natural resources.” The bill would prevent equal access to the law, and it raises serious constitutional concerns like the right to petition the government for grievances.
Lakers action taken and current bill status:
We opposed this bill and asked the House Taxation committee to table this bill. Fortunately, the bill died in committee.
HB 642 (Rep. Casey Knudsen, R-Malta) Revise exempt wells laws
Lakers opposed, bill died in committee
HB 642 would have widened the "exempt well" loophole. In Montana, some groundwater wells are "exempt" from permitting requirements because they may have a negligible impact on water resources. Montana law requires a permit if multiple wells drilled into the same aquifer could impact water rights, groundwater levels, or stream flows, which ensures protection of those water resources. HB 642 would widen the "exempt well" loophole by removing any consideration of the whole impact of exempt wells on water rights holders, aquifers, and stream flows. If passed, significant quantities of groundwater would have been pumped without permitting, oversight, or notice to senior water users. The bill would fuel more development of subdivisions, expanding development into rural areas, agricultural lands, and open spaces.
Lakers action taken and current bill status:
We opposed this bill and asked the House Natural Resources committee to vote no. We were pleased to see it tabled in committee during the second half of the session.
Some of our losses:
SB 240 (Sen. Jason D Small, R-Busby) Exempt certain subdivisions from environmental review
Lakers opposed, bill passed, signed into law by governor
SB 240 exempts the Montana DEQ from conducting environmental review for water discharge issues in certain proposed subdivisions. The bill exempts the DEQ from reviewing subdivisions that are 14 or fewer lots and located at least two miles from “high quality waters.” This would increase the likelihood of developers to plan developments in 14-lot increments in order to avoid environmental review.
Lakers action taken and current bill status:
We opposed this bill because of the potential for more contamination to our waterways. We sent messages in the second half of the session encouraging the House Natural Resources committee to vote no on the bill and asked the governor to veto it. Unfortunately, it passed both houses and was signed by the governor earlier this month.
SB 285 (Sen. Carl Glimm, R-Kila) Revise subdivision sanitation laws
Lakers opposed, bill passed, waiting on governor to sign or veto
SB 285 was deemed the "more poop in water" bill. This bill would amend the Montana Water Quality Act to create more exemptions from water quality standards for residential and commercial developers. It would exempt sewage facilities from review under Montana's non-degradation policy if their wastewater systems are lower in elevation than surface waters or more than 500 feet away from surface waters. If SB 285 is passed, it would put surface waters at risk of sewage contamination. Simply put, this bill benefits developers at the potential expense of clean water.
Lakers action taken and current bill status:
We opposed this bill and sent messages to our legislators and legislative committees asking them to vote no on this bill. We have also asked the governor to veto it. An amended version of this bill passed both houses and has been transmitted to the governor, which he may sign or veto.
SB 383 (Sen. Greg Hertz, R-Polson) Require DEQ to study septics
Lakers supported, bill died in committee
SB 383 requires the DEQ to study and assemble information on individual septic systems, disseminate educational materials on septics to local governments, health boards, and the public. It would also require them to develop model rules for septic maintenance that local governments and health boards can use to evaluate septic systems and protect water quality.
Lakers action taken and current bill status:
We supported this bill and asked the Senate Natural Resources committee to vote yes on the bill. Unfortunately, SB 383 was tabled and died in committee. Lakers Executive Director Kate Sheridan discusses the importance of this bill in an Op-Ed and we look forward to supporting similar legislation in the future.
HB 415 (Rep. Dave Fern, D-Whitefish) Require septic system disclosure
Lakers supported, bill died in committee
HB 415 would have required a septic system disclosure statement to be provided with the purchase of real estate, acknowledging that the property has a septic system and that it is the obligation of the buyer to determine the condition of the system and maintain it. HB 415 would have also mandated the DEQ to implement education and outreach programs to increase public understanding of septic system maintenance.
Lakers action taken and current bill status:
We supported this bill, but unfortunately it was tabled in committee. Kate will discuss HB 415 in her Op-Ed, and we’re hoping to see the bill resurrected in the next legislative session!
HB 576 (Rep. Rhonda Knudsen, R-Culbertson). Revise laws related to water and coal mining
Lakers opposed, bill passed, waiting on governor to sign or veto
HB 576 weakens water quality protection standards for water coming out of coal mines. It redefines how water quality is impacted downstream from coal mines, allowing more pollution to enter eastern Montana's prairie streams. It would weaken permitting requirements for mines and allow mines to discharge water that exceeds pollution standards -- without repercussions. HB 576 would allow coal mines to pollute more, threatening Montana's watersheds.
Lakers action taken and current bill status:
We opposed this bill and sent messages to our legislators and legislative committees asking them to vote no on this bill. We have also asked the governor to veto it. The bill passed both houses and has been transmitted to Governor Gianforte, who will decide whether to sign or veto the bill.
HB 656 (Rep. Gary Parry, R-Colstrip) Revise changes to coal mining operations
Lakers opposed, bill passed, signed into law by governor
HB 656 gives coal companies more leeway to pollute. It allows for coal mine expansions less than 320 acres to be classified as a “minor amendment” during the permitting process. “Minor amendments” are typically reserved for administrative change; they receive limited scrutiny and analysis by Montana DEQ and do not require public notice or comment. Expansions of mines normally require a “major amendment.” This includes an analysis of hydrologic and environmental impacts and requires public notice and comment period. This bill could pave the way for mining companies to incrementally expand mines in 320-acre phases to avoid environmental review and critique from the public. Overall, it would result in more coal mine contamination and less public engagement regarding mining.
Lakers action taken and current bill status:
We opposed this bill and sent messages to the legislative committee asking them to vote no on this bill. We also asked the governor to veto HB 656. Unfortunately, the bill passed both houses and was signed into law by Governor Gianforte.
SB 392 (Steve Fitzpatrick, R-Great Falls) Revise determination of court costs for coal mining
Lakers opposed, bill passed, signed into law by governor
This bill changes the way attorney's fees are assessed and potentially prevents nonprofits, landowners, and other impacted groups from going to court over environmental harms from coal mining in Montana. If a case is lost, a nonprofit could be forced to pay the attorneys’ fees for corporations, which could result in serious financial consequences for that organization. Large amounts of money may be insignificant to industry, but could bankrupt non-profits and landowners. This bill is ultimately meant to discourage and dissuade parties from going to court to protect water, habitat, and the climate in the first place, by creating a much higher level of risk for doing so. It ultimately restricts access to justice in the court system over coal.
Lakers action taken and current bill status:
We opposed SB 392. We asked our legislators to vote no on the bill and asked the governor for a veto. Unfortunately, the bill passed both houses and was signed into law by Governor Gianforte.
SB 557 (Sen. Mark Noland, R-Big Fork) Revise MEPA relating to litigation
Lakers opposed, bill passed, waiting on governor to sign or veto
SB 557 was one of two big, bad MEPA bills introduced during the second half of the session. This bill takes the teeth out of the Montana Environmental Policy Act (MEPA) by amending MEPA to eliminating the opportunity to hold state agencies accountable if they fail to comply with MEPA, and by dampening public involvement in the MEPA process. It creates a “pay-to-play” approach to engage in the judicial system. MEPA is the only law to require state agencies to analyze and disclose cumulative impacts that a project may have on fish, wildlife, air, and water, as well as to the economy and cultural and historic resources. Therefore, weakening MEPA would have resounding negative impacts to Montanans and our natural and cultural resources.
Lakers action taken and current bill status:
We opposed this bill and sent messages to our legislators and legislative committees asking them to vote no on this bill. We have also asked the governor to veto it. The bill passed both houses and has been transmitted to Governor Gianforte, who will decide whether to sign or veto the bill.
HB 971 (Rep. Joshua Kassmier, R-Fort Benton) Revise environmental policy act
Lakers opposed, bill passed, signed into law by governor
Touted as the worst environmental bill of the session, HB 971 aims to repeal the Montana Environmental Policy Act (MEPA). This bill prohibits the Montana Department of Environmental Quality (DEQ) from considering climate impacts or greenhouse gas emissions in their environmental review of proposed projects. According the MEIC, the bill “tries to overturn a recent court decision that found that DEQ failed to disclose the climate impacts and impacts that harm the neighbors’ quality of life when it issued an air permit for NorthWestern Energy’s Yellowstone County Generating Station (a 175-megawatt methane plant on the banks of the Yellowstone River near Laurel). A climate impacts analysis would not stop the project from proceeding but is essential for the state and the public to understand the impacts of the project.”
Lakers action taken and current bill status:
We opposed this bill and sent messages to our legislators and legislative committees asking them to vote no on this bill. We also asked the governor to veto it. Unfortunately, the bill passed both houses and was recently signed into law by Governor Gianforte. We were joined by many other environmental organizations in our opposition to HB 971. The bill will likely be challenged in the courts.