The bill seeks to amend the Montana Environmental Policy Act (MEPA) by clarifying its procedural nature and establishing new legal frameworks for environmental reviews and challenges. It emphasizes that MEPA does not confer regulatory authority to state agencies and requires plaintiffs to prove the unconstitutionality of statutes in legal challenges related to licensing or permitting. Additionally, it mandates that district court proceedings for such challenges occur in the county where the proposed activity is located. The bill also revises the qualifications for appointees to the Environmental Quality Council and outlines the obligations of state agencies in conducting environmental impact assessments, aiming for a balanced approach to social, economic, and environmental considerations.

Moreover, the bill introduces significant procedural changes to streamline environmental reviews, particularly for non-state-sponsored projects. It allows project sponsors to voluntarily adopt recommended alternatives from the alternatives analysis without legal obligation and modifies the consultation process for state officials to actively seek comments from relevant agencies and local governments. The bill also sets strict timelines for environmental reviews, limits challenges to final agency actions based on prior comments, and restricts the evaluation of greenhouse gas emissions unless specific federal conditions are met. It repeals several existing sections of the Montana Code Annotated related to environmental policy and clarifies the duties of the Environmental Quality Council, including the evaluation of cumulative impacts and the ability for project sponsors to contest excessive information requests. The new provisions will be codified in Title 75, chapter 1, and the act will take effect upon passage and approval.

Statutes affected:
LC Text: 5-16-102, 75-1-102, 75-1-104, 75-1-106, 75-1-201, 75-1-208, 75-1-324
HB0285_1(1): 5-16-102, 75-1-102, 75-1-104, 75-1-106, 75-1-201, 75-1-208, 75-1-324
HB0285_1(2): 5-16-102, 75-1-102, 75-1-104, 75-1-106, 75-1-201, 75-1-208, 75-1-324
HB0285_1(3): 5-16-102, 75-1-102, 75-1-104, 75-1-106, 75-1-201, 75-1-208, 75-1-324
HB0285_1: 5-16-102, 75-1-102, 75-1-104, 75-1-106, 75-1-201, 75-1-208, 75-1-324