Bill Summary – FastDemocracy

****
68th Legislature 2023                                                                                            SB 17.1
                                                SENATE BILL NO. 17
                                          INTRODUCED BY J. WELBORN
                         BY REQUEST OF THE WATER POLICY INTERIM COMMITTEE
  4
  A BILL FOR AN ACT ENTITLED: “AN ACT REVISING OVERSIGHT DUTIES OF THE STATEWIDE STREAM
  GAUGE NETWORK BY THE GOVERNOR'S DROUGHT AND WATER SUPPLY ADVISORY COMMITTEE;
  ELIMINATING THE STREAM GAUGE OVERSIGHT WORK GROUP; AMENDING SECTION 2-15-3308, MCA;
  AND PROVIDING AN EFFECTIVE DATE.”
  9
  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
 11
          Section 1. Section 2-15-3308, MCA, is amended to read:
          "2-15-3308. (Temporary) Drought and water supply advisory committee -- stream gauge
  oversight work group. (1) There is a drought and water supply advisory committee in the department of
  natural resources and conservation.
          (2)      The drought and water supply advisory committee is chaired by a representative of the
  governor and consists of representatives of the departments of natural resources and conservation; agriculture;
  commerce; fish, wildlife, and parks; military affairs; environmental quality; and livestock. The governor's
  representative must be appointed by the governor, and the representative of each department must be
  appointed by the head of that department. Additional, nonvoting members who represent federal and local
  government agencies and public and private interests affected by drought, flooding, or water supply may also
  be appointed by the governor.
          (3)      The drought and water supply advisory committee shall:
          (a)      with the approval of the governor, develop and implement a state plan that considers drought
  and f looding, mitigation, and response;
          (b)      review and report drought and water supply monitoring information to the public;
          (c)      coordinate timely drought and flooding impact assessments and maintain regular
  communication with the United States drought monitor, the national drought mitigation center, the division of
                                                              -1-                      Authorized Print Version – SB 17
****
68th Legislature 2023                                                                                               SB 17.1
  disaster and emergency services, the national weather service, and other appropriate local, state, tribal, and
  f ederal partners;
          (d)      identify areas of the state with a high probability of drought or flooding and target reporting and
  assistance efforts to those areas in coordination with local, state, tribal, and federal agencies;
          (e)      upon request, assist in organizing local advisory committees for the areas identified under
  subsection (3)(d);
          (f )     request state agency staff to provide technical assistance to local advisory committees;
          (g)      promote ideas and activities for groups and individuals to consider that may reduce
  vulnerability to drought or flooding and improve seasonal forecasting of water supply; and
          (h)      select members of the committee to serve on a stream gauge oversight work group.
          (4)      The drought and water supply advisory committee shall meet, at a minimum, on or around
  October 15 and March 15 of each year to assess moisture conditions and forecasts and, as appropriate, begin
  preparations for drought or flood mitigation.
          (5)      By April 15 of each year, the drought and water supply advisory committee shall submit a
  report to the governor's office that, to the extent possible, describes the potential for drought or flooding in the
  coming year, describes the current water supply conditions of the state, taking into consideration winter
  precipitation, and provides an assessment of the cumulative water supply status.
          (6)      By July 1 of each year, the drought and water supply advisory committee shall submit a report
  to the governor's office evaluating the potential for drought for the remainder of the calendar year. If the report
  identifies a potential for drought that is likely to cause adverse impacts to human health and safety,
  environmental quality, or both, the committee shall notify the division of disaster and emergency services and
  county commissioners, tribal governments, conservation districts, and local watershed groups in the geographic
  location potentially impacted by drought and the types of impacts likely to occur.
          (7)      (a) The stream gauge oversight work group shall meet at least semiannually to review:
          (i)      locations, uses, and funding arrangements for the stream gauge network of the U.S. geological
  survey; and
          (ii)     priorities, needs, and expectations of those funding the maintenance and operations of these
  stream gauges and those using data measured by these stream gauges.
                                                                -2-                      Authorized Print Version – SB 17
****
68th Legislature 2023                                                                                              SB 17.1
          (b)      The work group shall create annually a stream gauge infrastructure work plan, which may
  include:
          (i)      a comprehensive overview of the existing stream gauge network;
          (ii)     a review of options for funding the maintenance and operations of the stream gauge network,
  including use of private funds, consolidated agreements, or multipayer payments;
          (iii)    a proposal for stream gauge priorities;
          (iv)     cost-effective and reasonable alternatives to stream gauges, including gauges that are not part
  of the U.S. geological survey's stream gauge network, if applicable;
          (v)      oversight of recommendations and activities related to any legislative study of stream gauges;
  and
          (vi)     coordination of information regarding stream gauge funding recommendations and requests
  f rom state and federal agencies.
          (c)      The work group shall report to the water policy interim committee in accordance with 5-11-210.
          (8)      Nothing in this section is intended to remove or interfere with the duties and responsibilities of
  the governor or the division of disaster and emergency services for disaster coordination and emergency
  response, as provided in Title 10, chapter 3, part 1. The duties and responsibilities of the drought and water
  supply advisory committee supplement and are consistent with those of the division of disaster and emergency
  services for drought or flood planning, preparation, coordination, and mitigation. (Terminates June 30, 2023--
  sec. 7, Ch. 298, L. 2019.)
          2-15-3308. (Effective July 1, 2023) Drought and water supply advisory committee -- stream
  gauge oversight. (1) There is a drought and water supply advisory committee in the department of natural
  resources and conservation.
          (2)      The drought and water supply advisory committee is chaired by a representative of the
  governor and consists of representatives of the departments of natural resources and conservation; agriculture;
  commerce; fish, wildlife, and parks; military affairs; environmental quality; and livestock. The governor's
  representative must be appointed by the governor, and the representative of each department must be
  appointed by the head of that department. Additional, nonvoting members who represent federal and local
  government agencies and public and private interests affected by drought, flooding, or water supply may also
                                                               -3-                      Authorized Print Version – SB 17
****
68th Legislature 2023                                                                                               SB 17.1
  be appointed by the governor.
          (3)      The drought and water supply advisory committee shall:
          (a)      with the approval of the governor, develop and implement a state plan that considers drought
  and f looding, mitigation, and response;
          (b)      review and report drought and water supply monitoring information to the public;
          (c)      coordinate timely drought and flooding impact assessments and maintain regular
  communication with the United States drought monitor, the national drought mitigation center, the division of
  disaster and emergency services, the national weather service, and other appropriate local, state, tribal, and
  f ederal partners;
          (d)      identify areas of the state with a high probability of drought or flooding and target reporting and
  assistance efforts to those areas in coordination with local, state, tribal, and federal agencies;
          (e)      upon request, assist in organizing local advisory committees for the areas identified under
  subsection (3)(d);
          (f )     request state agency staff to provide technical assistance to local advisory committees; and
          (g)      promote ideas and activities for groups and individuals to consider that may reduce
  vulnerability to drought or flooding and improve seasonal forecasting of water supply ; and
          (h)      coordinate oversight of the statewide stream gauge network identified by the department of
  natural resources and conservation, including:
          (i)      an early notif ication process for the discontinuation of any network gauge;
          (ii)     an annual review of the funding status and potential alterations to the network; and
          (iii)    an annual report to the water policy interim committee, in accordance with 5-11-210, on the
  drought and water supply advisory committee's network oversight activities.
          (4)      The drought and water supply advisory committee shall meet, at a minimum, on or around
  October 15 and March 15 of each year to assess moisture conditions and forecasts and, as appropriate, begin
  preparations for drought or flood mitigation.
          (5)      By April 15 of each year, the drought and water supply advisory committee shall submit a
  report to the governor's office that, to the extent possible, describes the potential for drought or flooding in the
  coming year, describes the current water supply conditions of the state, taking into consideration winter
                                                                -4-                      Authorized Print Version – SB 17
****
68th Legislature 2023                                                                                             SB 17.1
  precipitation, and provides an assessment of the cumulative water supply status.
          (6)      By July 1 of each year, the drought and water supply advisory committee shall submit a report
  to the governor's office evaluating the potential for drought for the remainder of the calendar year. If the report
  identifies a potential for drought that is likely to cause adverse impacts to human health and safety,
  environmental quality, or both, the committee shall notify the division of disaster and emergency services and
  county commissioners, tribal governments, conservation districts, and local watershed groups in the geographic
  location potentially impacted by drought and the types of impacts likely to occur.
          (7)      Nothing in this section is intended to remove or interfere with the duties and responsibilities of
  the governor or the division of disaster and emergency services for disaster coordination and emergency
  response, as provided in Title 10, chapter 3, part 1. The duties and responsibilities of the drought and water
  supply advisory committee supplement and are consistent with those of the division of disaster and emergency
  services for drought or flood planning, preparation, coordination, and mitigation."
 13
          NEW SECTION. Section 2. Effective date. [This act] is effective July 1, 2023.
                                                        - END -
                                                               -5-                      Authorized Print Version – SB 17
Statutes affected: 
SB0017_1.pdf: 2-15-3308
SB0017_X.pdf: 2-15-3308
Enrolled: 2-15-3308
Introduced: 2-15-3308