Bill Summary – FastDemocracy

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68th Legislature 2023                                                                                             HB 54.1
                                                   HOUSE BILL NO. 54
                                               INTRODUCED BY J. READ
                      BY REQUEST OF THE DEPARTMENT OF ENVIRONMENTAL QUALITY
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  A BILL FOR AN ACT ENTITLED: “AN ACT REMOVING THE "RELATIVELY LOW RISK" REQUIREMENT
  FROM THE MONTANA PETROLEUM BROWNFIELDS REVITALIZATION ACT; AMENDING SECTIONS 75-
  11-403 AND 75-11-408, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.”
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  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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            Section 1. Section 75-11-403, MCA, is amended to read:
            "75-11-403. Definitions -- application. (1) The definitions used in this part are for the purpose of
  determining the eligibility of petroleum release sites to receive and expend federal brownfields funding received
  by a grant recipient from the United States environmental protection agency under the federal Brownfields
  Revitalization and Environmental Restoration Act 0f of 2001, Title II of Public Law 107-118.
            (2)     As used in this part, the following definitions apply:
            (a)     "Department" means the department of environmental quality provided for in 2-15-3501.
            (b)     "Grant recipient" means a city, town, county, consolidated city-county, tribal government,
  economic development organization, nonprofit organization, or state agency that has received federal
  brownfields money from the environmental protection agency.
            (c)     "Person" means an individual, firm, trust, estate, partnership, company, association, joint-stock
  company, syndicate, consortium, commercial entity, corporation, state government agency, or local
  government.
            (d)     "Petroleum brownfields sites" means real property where the expansion, redevelopment, or
  reuse is or may be complicated by the presence or perceived presence of petroleum contamination.
            (e)     "Petroleum tank release site" means a site where there has been a release from a petroleum
  storage tank and assessment, remediation, or both are being pursued in accordance with Title 75, chapter 11,
  part 3.
                                                                 -1-                    Authorized Print Version – HB 54
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68th Legislature 2023                                                                                                  HB 54.1
          (f)         "Potentially liable person" means a grant recipient who:
          (i)         dispensed or disposed of, or owned the site when others dispensed or disposed of, petroleum
  or petroleum product at the site;
          (ii)        exacerbated existing petroleum contamination at the site; or
          (iii)       failed to take reasonable steps with regard to petroleum contamination at the site.
          (g)         "Reasonable steps" means, as appropriate, stopping continuing releases, preventing
  threatened future releases, or preventing or limiting human, environmental, or natural resource exposure to
  earlier petroleum or petroleum product releases. The term may include limiting access to the property,
  monitoring known contaminants, and complying with state, local, or both state and local requirements.
          (h)         "Relatively low risk" refers to a petroleum tank release site that is not being assessed,
  investigated, or cleaned up by the department using funds from the federal leaking underground storage tank
  trust fund and is not subject to a response under the federal Oil Pollution Act.
          (i)      "Responsible party" means:
          (i)         a person who is responsible for conducting the assessment, investigation, and cleanup at a
  petroleum tank release site as determined through:
          (A)         a judgment rendered in a court of law or an administrative order;
          (B)         an enforcement action by federal authorities or the department; or
          (C)         a citizen suit, contribution action, or other third-party claim brought against the current owner of
  the petroleum tank release site; or
          (ii)        a current owner of a petroleum tank release site who:
          (A)         dispensed or disposed of petroleum or petroleum product contamination at the site;
          (B)         exacerbated existing petroleum contamination at the site;
          (C)         owned the site when any dispensing or disposal of petroleum by others took place; or
          (D)         failed to take reasonable steps with regard to petroleum contamination at the site.
          (j)(i)      "Viable responsible party" means a responsible party who is determined by the department in
  accordance with 75-11-407 to have the financial capability to conduct the assessment, investigation, or cleanup
  activities at a petroleum tank release site."
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                                                                  -2-                       Authorized Print Version – HB 54
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68th Legislature 2023                                                                                               HB 54.1
          Section 2. Section 75-11-408, MCA, is amended to read:
          "75-11-408. Brownfields site eligibility at petroleum tank release sites -- determinations and
  limitations. (1) Before a grant recipient may expend federal brownfields funds at a petroleum tank release site,
  either the United States environmental protection agency or the department shall make a written determination
  that:
          (a)      the petroleum tank release site is of relatively low risk compared to other petroleum-
  contaminated sites;
          (b)   there is no viable responsible party for the petroleum tank release site;
          (c)(b)   the petroleum tank release site will not be assessed, investigated, or cleaned up by a
  potentially liable person; and
          (d)(c)   the petroleum tank release site is not subject to an order under section 9003(h) of the federal
  Solid Waste Disposal Act, 42 U.S.C. 6991b(h), or Title 75, chapter 11.
          (2)      After the department or the United States environmental protection agency determines that a
  petroleum tank release site is eligible for federal brownfields funding, the department shall encourage and may
  not limit the use of a grant recipient's federal petroleum brownfields funding at the site even if the site owner or
  operator, as defined in 75-11-302, is eligible for funding from the petroleum tank release cleanup fund
  established in 75-11-313.
          (3)      The department may not limit the use of money from the petroleum tank release cleanup fund
  established in 75-11-313 when used as a commitment to a federal brownfields loan made by a grant recipient
  for remediation at a petroleum tank release site.
          (4)      (a) Except as provided in subsection (4)(b), a determination made by the department or the
  United States environmental protection agency that a petroleum tank release site is eligible for federal
  brownfields funding does not limit or alter the owner's or operator's responsibility to assess or remediate the
  petroleum tank release site in accordance with Title 75, chapter 11.
          (b)      If the department determines that a grant recipient has proposed to conduct a timely and
  comprehensive remediation using federal brownfields funding at a petroleum tank release site that has been
  determined by the department or the United States environmental protection agency to be eligible for petroleum
  brownfields funding and the proposed remediation plan is expected to meet or exceed remediation standards
                                                               -3-                       Authorized Print Version – HB 54
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68th Legislature 2023                                                                                            HB 54.1
  required by the department and financial commitments required by the petroleum tank release compensation
  board pursuant to Title 75, chapter 11, the department shall approve the comprehensive remediation plan and
  allow for the use of federal brownfields funding at the petroleum tank release site."
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          NEW SECTION. Section 3.        Saving clause. [This act] does not affect rights and duties that matured,
  penalties that were incurred, or proceedings that were begun before [the effective date of this act].
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          NEW SECTION. Section 4.        Effective date. [This act] is effective on passage and approval.
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                                                              -4-                       Authorized Print Version – HB 54
Statutes affected: 
HB0054_1.pdf: 75-11-403, 75-11-408
HB0054_X.pdf: 75-11-403, 75-11-408
Enrolled: 75-11-403, 75-11-408
Introduced: 75-11-403, 75-11-408