HB 466: Provide categorical exclusions from MEPA - Montana

HB0466_2(11).pdf → HB0466_X.pdf · 5 edits

MODERATE

This bill clarifies the Montana Environmental Policy Act by defining 'categorical exclusions' and creating specific exemptions for state agencies, reducing the need for environmental reviews on routine projects.

Scope change

The bill expands exemptions from environmental review for specific state departments and adds a new definition for 'categorical exclusion' to the statute.

DEFINITION

Added a specific definition for 'categorical exclusion' to Section 75-1-220, clarifying that certain actions do not require an environmental analysis or impact statement.

REQUIREMENT

Added a new requirement for state agencies to track and report the number and use of categorical exclusions to the environmental quality council.

Added a provision stating that actions meeting the definition of a categorical exclusion are exempt from Title 75, chapter 1, parts 1 and 2 of the Montana Environmental Policy Act.

ELIGIBILITY

Modified the exemption for the Department of Administration to explicitly include construction, renovation, and repair of buildings, structures, and utility infrastructure on state land.

Modified the exemption for the Department of Commerce to include the authorization, administration, and creation of grant programs related to historic preservation.

HB0466_1(5).pdf → HB0466_2.pdf · 4 edits

MODERATE

The bill adds specific exemptions for the Department of Administration regarding construction projects under the Long-Range Building Program and expands the Department of Commerce's environmental review exemption to include historic preservation grants. It also modifies the definition of 'categorical exclusion' to clarify that actions resulting in significant adverse effects cannot be excluded from review.

Scope change

The bill's scope was expanded to include specific building projects and historic preservation grants that were previously not explicitly exempt from certain departmental regulations or environmental reviews.

ELIGIBILITY

Added 'SUPERVISING' to the list of exempt administrative duties for the Department of Administration regarding construction and repair projects.

Extended the Department of Administration's exemption to explicitly cover 'projects and developments in the Long-Range Building Program'.

Added 'historic preservation' grant programs to the list of activities exempt from environmental review for the Department of Commerce.

DEFINITION

Changed the definition of 'categorical exclusion' to explicitly state that actions resulting in significant adverse effects on the human environment cannot be categorized as exempt.

LC1423.pdf → HB0466_1.pdf · 5 edits

MODERATE

The bill was renamed from a legislative committee bill (LC 1423) to a House Bill (HB 466) and significantly streamlined the text by removing a long list of specific agency exemptions and replacing them with a general rule. It also updated the bill title to reflect the new focus on state land construction/maintenance and added a new definition for 'complete application'.

Scope change

The bill's scope shifted from listing specific exemptions for various departments to a broader approach where the Department of Administration is exempt for general duties on state land, while other departments retain existing authority to create their own categorical exclusions via rulemaking.

SCOPE

Removed a detailed list of specific exemptions for various departments (e.g., historic preservation, snowmobile areas, coal remediation) and replaced them with a general exemption for the Department of Administration regarding construction and maintenance on state land.

Changed the requirement for state agencies to track categorical exclusions from a specific list of activities to a general mandate to track the number and use of exclusions.

Updated the bill title to explicitly mention exemptions for construction and maintenance on state land and historic preservation grants.

DEFINITION

Added a new definition for 'complete application' to clarify that it includes all necessary data, studies, plans, fees, and signatures required for approval.

REQUIREMENT

Added a new requirement for state agencies to report and make available the number and use of categorical exclusions to the environmental quality council upon request.

Provide categorical exclusions from MEPA

What changed between versions

How they voted

Actions timeline

Sponsors