Senate Bill No. [insert number] establishes a structured process for appealing decisions made by the department regarding permits related to air quality, water quality, and mining activities. The bill allows individuals whose interests may be adversely affected by a department decision to request a hearing before the board or a district court within 30 days of the decision, accompanied by a $100 filing fee. It also mandates that petitions for judicial review be filed in the county where the proposed activity is located and prioritizes judicial challenges for projects with costs exceeding $1 million.

Additionally, the bill amends existing sections of the Montana Code Annotated (MCA) to incorporate these new appeal procedures, specifically modifying Sections 75-2-211 and 75-2-213 to reflect the new hearing and appeal processes. It requires that petitions be limited to issues raised during the initial hearing request and clarifies that only matters presented during the formal comment period will be considered, with exceptions for significant changes. The bill also specifies that legal challenges must be filed in the district court of the county where the activity is proposed, allowing for challenges in any county if the activity spans multiple counties. The bill is set to take effect on July 1, 2025.

Statutes affected:
LC Text: 75-2-211, 75-2-213, 75-5-107
SB0559_1(1): 75-2-211, 75-2-213, 75-5-107
SB0559_1(2): 75-2-211, 75-2-213, 75-5-107
SB0559_1: 75-2-211, 75-2-213, 75-5-107