Bill Summary – FastDemocracy

****
69th Legislature 2025                                                                                          LC0563.1
                                       _____________ BILL NO. _____________
                   INTRODUCED BY _________________________________________________
                         BY REQUEST OF THE DEPARTMENT OF ENVIRONMENTAL QUALITY
  4
  A BILL FOR AN ACT ENTITLED: “AN ACT PROVIDING FOR A SPECIAL REVENUE ACCOUNT FOR
  REVIEW OF PUBLIC WATER SUPPLY OR PUBLIC SEWAGE SYSTEM PLANS AND SPECIFICATIONS;
  AMENDING SECTIONS 75-6-104, 75-6-108, AND 75-6-115, MCA; AND PROVIDING AN EFFECTIVE DATE.”
  8
  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
 10
            NEW SECTION. Section 1.       Plan review special revenue account. (1) There is a plan review
  special revenue account within the state special revenue fund established in 17-2-102.
            (2)    There must be credited to the account the revenue from fees assessed, collected, and
  allocated pursuant to 75-6-108(3).
            (3)    Funds from the account may be used only to pay department costs in implementing plan and
  specification review, as described in this part.
 17
            Section 2. Section 75-6-104, MCA, is amended to read:
            "75-6-104.    Duties of department. (1) The department has general supervision over all state waters
  that are directly or indirectly being used by a person for a public water supply system, for domestic purposes, or
  as a source of ice.
            (2)    The department shall, subject to the provisions of 75-6-116 and as provided in 75-6-131, adopt
  rules and standards concerning:
            (a)    maximum contaminant levels for waters that are or will be used for a public water supply
  system;
            (b)    fees, as described in 75-6-108, for services rendered by the department;
            (c)    monitoring, recordkeeping, and reporting by persons who own or operate public water supply
  systems;
                                                               -1-                       Authorized Print Version – ****
****
69th Legislature 2025                                                                                             LC0563.1
          (d)      requiring public notice to all users of a public water supply system when a person has been
  granted a variance or exemption or is in violation of this part or a rule or order issued pursuant to this part;
          (e)      the siting, construction, operation, and modification of a public water supply system or public
  sewage system, including requirements to remedy:
          (i)      defects in the design, operation, or maintenance of a public water supply system or public
  sewage system in order to prevent or correct introduction of contamination into water used for a public water
  supply system, for domestic purposes, or as a source of ice;
          (ii)     fecal contamination in water used by a public water supply system; or
          (iii)    failure or malfunction of the sources, treatment, storage, or distribution portion of a public water
  supply system in order to prevent or correct introduction of contamination into water used for a public water
  supply system, for domestic purposes, or as a source of ice;
          (f)      the review of the technical, managerial, and financial capacity of a proposed public water
  supply system or public sewage system, as necessary to ensure the capability of the system to meet the
  requirements of this part;
          (g)      the collection and analysis of samples of water used for drinking or domestic purposes;
          (h)      the issuance of variances and exemptions as authorized by the federal Safe Drinking Water Act
  and this part;
          (i)      administrative enforcement procedures and administrative penalties authorized under this part;
          (j)      standards and requirements for the review and approval of programs that may be voluntarily
  submitted by suppliers of public water supply systems to prevent water supply contamination from a cross-
  connection, including provisions to exempt cross-connections from the standards and requirements if all
  connected systems are department-approved public water supply systems;
          (k)      (i) allowable uses of reclaimed wastewater and classification of those uses;
          (ii)     treatment, monitoring, recordkeeping, and reporting standards and requirements tailored to
  each classification that must be met by the public sewage system to protect the uses of the reclaimed
  wastewater and any receiving water;
          (iii)    prohibition of reclaimed wastewater uses that are not allowable under subsection (2)(k)(i) or for
  which the reclaimed wastewater has not been treated in compliance with rules adopted under subsection
                                                                -2-                         Authorized Print Version – ****
****
69th Legislature 2025                                                                                                LC0563.1
  (2)(k)(ii); and
           (iv)     a requirement that an applicant who proposes to use reclaimed wastewater pursuant to this
  subsection (2)(k) has obtained any necessary authorizations required under Title 85 from the department of
  natural resources and conservation; and
           (l)      any other requirement necessary for the protection of public health as described in this part.
           (3)      Department rules must provide for the following:
           (a)      except as provided in 75-6-131, a water supply or water distribution facility reviewed and
  approved by the department is not subject to changes in department design and construction criteria for a
  period of 36 months after written approval of the facility is issued by the department;
           (b)      except for facilities subject to permit requirements under Title 75, chapter 5, part 4, and except
  as provided under rules adopted pursuant to 75-6-131, a system of water supply, drainage, wastewater, or
  sewage reviewed and approved under this section is not subject to changes in department design or
  construction criteria for a period of 36 months after written approval is issued by the department;
           (c)      plans and specifications for a portion of a facility or system subject to a 36-month limit on
  criteria changes pursuant to subsections (3)(a) and (3)(b) but not constructed within the 36-month timeframe
  must be resubmitted for department review and approval before construction of that portion of the facility;
           (d)      the provisions of this subsection (3) may not limit an applicant's ability to alter a proposed
  project that is otherwise in conformance with applicable laws, rules, standards, and criteria; and
           (e)      department approval of development plans for a municipal system that allows additional
  connections above the approved rated capacity of a water or wastewater system pursuant to 75-6-130.
           (4)      The department or the board may issue orders necessary to fully implement the provisions of
  this part.
           (5)      The department shall:
           (a)      on its own initiative or complaint to the department, to the mayor or health officer of a
  municipality, or to the managing board or officer of a public institution, make an investigation of alleged pollution
  of a water supply system and, if required, prohibit the continuance of the pollution by ordering removal of the
  cause of pollution;
           (b)      have waters examined to determine their quality and the possibility that they may endanger
                                                                -3-                         Authorized Print Version – ****
****
69th Legislature 2025                                                                                            LC0563.1
  public health;
          (c)      consult and advise authorities of cities and towns and persons having or about to construct
  systems for water supply, drainage, wastewater, and sewage as to the most appropriate source of water supply
  and the best method of ensuring its quality;
          (d)      advise persons as to the best method of treating and disposing of their drainage, sewage, or
  wastewater with reference to the existing and future needs of other persons and to prevent pollution;
          (e)      consult with persons engaged in or intending to engage in manufacturing or other business
  whose drainage or sewage may tend to pollute waters as to the best method of preventing pollution;
          (f)      collect fees, as described in 75-6-108, for services and deposit:
          (i)      the public drinking water fees collected in the public drinking water special revenue fund
  established in 75-6-115; and
          (ii)     the plan and specification review fees collected in the plan review special revenue account
  established in [section 1];
          (g)      establish and maintain experiment stations and conduct experiments to study the best methods
  of treating water, drainage, wastewater, and sewage to prevent pollution, including investigation of methods
  used in other states;
          (h)      enter on premises at reasonable times to determine sources of pollution or danger to water
  supply systems and whether rules and standards of the department are being obeyed;
          (i)      enforce and administer the provisions of this part;
          (j)      establish a plan for the provision of safe drinking water under emergency circumstances;
          (k)      maintain an inventory of public water supply systems and establish a program for conducting
  sanitary surveys;
          (l)      enter into agreements with local boards of health whenever appropriate for the performance of
  surveys and inspections under the provisions of this part; and
          (m)      review in the form of a written response within 60 days to an applicant seeking approval for use
  of reclaimed wastewater for snowmaking subject to subsection (2)(k) that:
          (i)      approves, approves with conditions, or denies the application pursuant to the provisions of this
  part; and
                                                              -4-                           Authorized Print Version – ****
****
69th Legislature 2025                                                                                          LC0563.1
          (ii)     (A) describes additional information that must be submitted prior to department approval under
  subsection (5)(m)(i); or
          (B)      describes any additional requirements that the applicant must satisfy prior to department
  approval under subsection (5)(m)(i), such as a permit to discharge under Title 75, chapter 5, part 4, or an
  authorization under Title 85 from the department of natural resources and conservation."
  6
          Section 3. Section 75-6-108, MCA, is amended to read:
          "75-6-108.    Department to prescribe fees -- opportunity for appeal. (1) The department shall by
  rule prescribe fees to be assessed annually on owners of public water supply systems to recover department
  costs in providing services under this part. The annual fee for a public water supply system is no more than
  $2.25 for each service connection to the public water supply system for the biennium beginning July 1, 1991,
  and ending June 30, 1993, and thereafter is no more than $2 for each service connection to the public water
  supply system, although the minimum fee for any system is $100, except that the fee for a transient
  noncommunity water system is $50.
          (2)      Public water supply systems in a municipality may raise the rates to recover costs associated
  with the fees prescribed in this section without the public hearing required in 69-7-111.
          (3)      The department shall by rule prescribe fees assessed on persons who submit plans and
  specifications or development plans for construction, alteration, or extension of a public water supply system or
  public sewage system. The fees must be commensurate with the cost to the department of reviewing the plans
  and specifications.
          (4)      Fees collected pursuant to this section subsection (1) must be deposited in the public drinking
  water special revenue fund established in 75-6-115.
          (5)      Fees collected pursuant to subsection (3) must be deposited in the plan review special revenue
  account established in [section 1].
          (5)(6)   (a) The department shall notify the owner of a public water supply system in writing of the
  amount of the fee to be assessed and the basis for the assessment. The owner may appeal the fee
  assessment in writing to the board within 20 days after receipt of the written notice.
          (b)      An appeal must be based on the allegation that the fee is erroneous or excessive. An appeal
                                                              -5-                         Authorized Print Version – ****
****
69th Legislature 2025                                                                                                LC0563.1
  may not be based only on the fee schedule adopted by the department.
          (c)      If any part of the fee assessment is not appealed, it must be paid to the department on receipt
  of the notice provided for in subsection (5)(a) (6)(a)."
  4
          Section 4. Section 75-6-115, MCA, is amended to read:
          "75-6-115.    Public drinking water special revenue fund. (1) There is a public drinking water special
  revenue fund within the state special revenue fund established in 17-2-102.
          (2)      There must be credited to the public drinking water special revenue fund the revenue from fees
  assessed, collected, and allocated pursuant to 75-6-108 75-6-108(4). Funds from the public drinking water
  special revenue fund may be used only to pay department costs in implementing the public drinking water
  supply program, as described in this part."
 12
          NEW SECTION. Section 5.          Codification instruction. [Section 1] is intended to be codified as an
  integral part of Title 75, chapter 6, part 1, and the provisions of Title 75, chapter 6, part 1, apply to [section 1].
 15
          NEW SECTION. Section 6.          Effective date. [This act] is effective July 1, 2025.
                                                          - END -
                                                                  -6-                         Authorized Print Version – ****
Statutes affected: 
LC Text: 75-6-104, 75-6-108, 75-6-115