Senate Bill No. [number], introduced by Senators Trebas, Emrich, Usher, Bogner, and Beard, establishes the Department of Environmental Quality as the sole authority for regulating air quality, water quality, and emissions standards for existing fossil fuel-fired electric generating units in Montana. The bill asserts that neither state nor federal courts, nor the federal Environmental Protection Agency (EPA), have demonstrated that emissions from these units have caused measurable harm beyond state borders. It further claims that the EPA lacks the authority to impose regulations that would impede the operation of these units without significant economic investment from their owners and utilities.

Additionally, the bill includes a provision for contingent voidness, stating that if the EPA repeals specific rules published in the Federal Register on May 7 and May 9, 2024, the act will become void. The Department of Environmental Quality is tasked with notifying the code commissioner if this contingency occurs. The act is set to take effect immediately upon passage and approval.