Vote Smart's Synopsis:

Vote to pass a bill that limits state agency overreach by focusing reviews on measurable, localized impacts in Montana.

Highlights:

• Requires all state agencies to use a systematic approach to ensure (Sec. 2):

• Integrated use of natural and social sciences and environmental design arts in the planning of any state-sponsored projects;

• Any environmental alternative review is done in compliance with the law if the review is deemed necessary;

• Possible recommendations for alternative courses of action for any unresolved conflicts around alternatives;

• The potential long-range character of environmental impacts on Montana;

• Make advice and information available to municipalities, counties, institutions, and individuals;

• The use of ecological information in the planning and development of resource-oriented projects; and

• The legislature and the environmental quality council are assisted.

• Requires reviews of alternatives to include (Sec. 2):

• Methods and procedures that ensure environmental amenities and values have been given appropriate consideration;

• Methods and procedures that ensure any state government action that may impact the human environment in Montana are evaluated for regulatory restrictions on private property; 

• Any environmental impacts and alternatives the action may have on the state;

• Any regulatory impacts on private property rights; 

• The relationship between local short-term use of the state human environment and long-term productivity;

• Any irreversible and irretrievable commitments of resources necessary in the proposed action;

• Customer fiscal impact analysis; and

• Short and long-term beneficial impacts of the proposed action.

• Requires any analysis of alternative actions to include (Sec. 2):

• A statement on the ability to achieve the action with current technology;

• A consultation with the project sponsor; and

• A meaningful no-action alternative analysis of environmental, social, and economic impacts.

• Requires detailed statements on state projects to include the comments of any state agency that may be directly impacted by the project (Sec. 2).

• Requires detailed statements and comments from local, state, and federal agencies to be provided to the governor, the environmental quality council, and the public (Sec. 2).

• Limits challenges to an agency’s environmental review to the final agency action decision in a district or federal court (Sec. 2).

• Requires challenges alleging a failure to comply or inadequate compliance with a requirement of this bill to be brought within 60 days of the subject action (Sec. 2).

• Defines “final agency action” as the date that the Board of Land Commissioners or the Department of Natural Resources and conservation issues a final review document (Sec. 2).

• Requires actions and proceedings regarding the compliance of this bill to take precedence over other cases in a district court (Sec. 2).

• Requires agencies to compile and submit a certified record of its decision on the subject of any action taken in a court (Sec. 2).

• Authorizes a state agency to assess and collect a fee of the cost of the compilation and submission of the certified record (Sec. 2).

• Authorizes the court to remand the matter to the agency to correct any noncompliance, if the court finds that noncompliance occurred (Sec. 2).

• Prohibits a court from revoking or modifying any license or permit issued for oil or environmental protections (Sec. 2).

• Authorizes the court to issue a temporary order of relief, if the party seeking relief provides a written undertaking of a reasonable amount of relief to pay the costs and damages sustained while wrongfully restrained by the court (Sec. 2).

• Authorizes sponsors of projects subjected to environmental reviews regarding the quality or quantity of water to appear before the water policy committee, if the sponsor provided a 30-day notice (Sec. 3).

• Authorizes project sponsors to request a meeting through writing with the agency director, if the sponsor experiences problems with the agency or consultant hired for an environmental review (Sec. 3).

• Establishes a 60-day limit for the public scoping process for agencies completing environmental reviews (Sec. 3).

• Establishes a 90-day limit for the completion of an environmental review (Sec. 3).

• Authorizes agencies to extend the time limits of a review by notifying the project sponsor in writing (Sec. 3).

• Limits the extension of the time limit of an environmental review to 50 percent of the allotted time (Sec. 3).

• Authorizes the project sponsor to appeal any time limit extension for agencies to an appropriate state board (Sec. 3).

• Prohibits agencies from withholding a permit or authority, if the agency fails to complete the review within the allotted time (Sec. 3).

• Specifies that the provisions of this bill shall take effect immediately upon passage and approval by the Governor (Sec. 4).

Full Bill Text