Bill Summary – FastDemocracy

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68th Legislature 2023                                                                                                SB 274.1
                                                   SENATE BILL NO. 274
                                             INTRODUCED BY D. ZOLNIKOV
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  A BILL FOR AN ACT ENTITLED: “AN ACT REVISING MAJOR FACILITY SITING DECISION
  REQUIREMENTS; AMENDING SECTION 75-20-301, 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 75-20-301, MCA, is amended to read:
           "75-20-301.   Decision of department -- findings necessary for certification. (1) Within 30 days
  af ter issuance of the report pursuant to 75-20-216 f or f acilities def ined in 75-20-104(10)(a) and (10)(b), the
  department shall approve a f acility as proposed or as modif ied or an alternative to a proposed f acility if the
  department f inds and determines:
           (a)     the basis of the need f or the f acility;
           (b)     the nature of the probable environmental impact;
           (c)     that the f acility minimizes adverse environmental impact, considering the state of available
  technology and the nature and economics of the various alternatives;
           (d)     in the case of an electric, gas, or liquid transmission line or aqueduct:
           (i)     what part, if any, of the line or aqueduct will be located underground;
           (ii)    that the f acility is consistent with regional plans f or expansion of the appropriate grid of the
  utility systems serving the state and interconnected utility systems; and
           (iii)   that the f acility will serve the interests of utility system economy and reliability;
           (e)     that the location of the f acility as proposed conforms to applicable state and local laws and
  regulations, except that the department may ref use to apply any local law or regulatio n if it f inds that, as applied
  to the proposed f acility, the law or regulation is unreasonably restrictive in view of the existing technology, of
  f actors of cost or economics, or of the needs of consumers, whether located inside or outside the directly
  af f ected government subdivisions;
                                                                    -1-                     Authorized Print Version – SB 274
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68th Legislature 2023                                                                                                      SB 274.1
           (f )      that the f acility will serve the public interest, convenience, and necessity;
           (g)       that the department or board has issued applicant will obtain any necessary air or water quality
  decision, opinion, order, certif ication, o r permit as required by 75-20-216(3) prior to construction; and
           (h)       that the use of public lands or f ederally designated energy corridors f or location of a f acility
  def ined in 75-20-104(10)(a) or (10)(b) was evaluated and public lands or f ederally designat ed energy corridors
  f or that f acility were selected whenever their use was compatible with: determined practicable by both the
  applicant and the department.
           (i)    the requirements of subsections (1)(a) through (1)(g); and
           (ii) transmission line reliability criteria established by transmission reliability agencies f or a f acility
  def ined in 75-20-104(10)(a).
           (2)       In determining that the f acility will serve the public interest , convenience, and necessity under
  subsection (1)(f ), the department shall consider:
           (a)       the items listed in subsections (1)(a) and (1)(b);
           (b)       the benef its to the applicant and the state resulting f rom the proposed f acility;
           (c)       the ef f ects of the economic activity resulting f rom the proposed f acility;
           (d)       the ef f ects of the proposed facility on the public health, welf are, and saf ety;
           (e)       any other f actors that it considers relevant.
           (3)       Within 30 days af ter issuance of the report pursuant to 75-20-216 f or a f acility def ined in 75-20-
  104(10)(c), the department shall approve a f acility as proposed or as modified or an alternative to a proposed
  f acility if the department f inds and determines:
           (a)       that the f acility or alternative incorporates all reasonable, cost -ef f ective mitigation of significant
  environmental impacts; and
           (b)       that unmitigated impacts, including those that cannot be reasonably quantif ied or valued in
  monetary terms, will not result in:
           (i)       a violation of a law or standard that protects the environment; or
           (ii)      a violation of a law or standard that protects the public health and saf ety.
           (4)       For f acilities def ined in 75-20-104, if the department cannot make the f indings required in this
  section, it shall deny the certif icate."
                                                                    -2-                        Authorized Print Version – SB 274
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68th Legislature 2023                                                                                         SB 274.1
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          NEW SECTION. Section 2.   Effective date. [This act] is ef f ective on passage and approval.
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                                                         -3-                      Authorized Print Version – SB 274
Statutes affected: 
SB0274_1.pdf: 75-20-301
SB0274_X.pdf: 75-20-301
Enrolled: 75-20-301
Introduced: 75-20-301