Senate Bill No. introduced by J. Ellis aims to create a structured process for appealing decisions made by the department regarding permits related to air quality, water quality, and mining activities. The bill introduces a new section allowing individuals adversely affected by a department decision to request a hearing before the board or 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 permitted activity is proposed and prioritizes judicial challenges for projects exceeding $1 million in costs. Additionally, the bill amends existing sections of the Montana Code Annotated (MCA) to clarify permit application procedures and public comment periods, ensuring that department decisions are not final until a specified period has elapsed.

Furthermore, the bill establishes that individuals adversely affected by final decisions can request hearings or file petitions in district court within specific timeframes, with petitions limited to issues raised during the initial hearing request. It introduces provisions regarding the venue for legal challenges, specifying that they must be filed in the district court of the county where the proposed activity occurs, with the option to file in any county if the activity spans multiple counties. The bill also includes a requirement for a written undertaking for costs incurred by the permit applicant if a hearing request is deemed improper, exempting indigent individuals from this requirement. The bill sets an effective date of July 1, 2025, and includes a codification instruction for the new sections.

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(3): 75-2-211, 75-2-213, 75-5-107
SB0559_1(4): 75-2-211, 75-2-213, 75-5-107
SB0559_1: 75-2-211, 75-2-213, 75-5-107