HB 939: Revise laws relating to wind turbine generators - Montana

HB0939_X(5).pdf → HB0939_X(6).pdf · 5 edits

MODERATE

The bill was amended to remove the requirement to amend existing law (MCA 70-17-406) and to delete a provision requiring wind turbine deicing standards. The setback distance for wind turbines was also reduced from 1,500 feet to 1,500 feet in one location and 2,500 feet to 1,500 feet in another, though the final text shows 1,500 feet in both instances. These changes simplify the bill by removing the need to modify existing statutes and reduce the distance requirements for turbine placement.

Scope change

The bill's scope was reduced by removing the requirement to amend existing Montana Code Annotated section 70-17-406, which previously required changes to wind energy agreement contents and requirements.

REQUIREMENT

Removed the requirement to amend MCA 70-17-406, which previously mandated changes to wind energy agreement contents.

Deleted the wind turbine generator deicing standard requirement that would have applied to turbines 500 feet or taller in ice class 4 areas within 2,500 feet of residences.

Reduced setback distance for turbines near residences from 2,500 feet to 1,500 feet in the deicing provision.

ELIGIBILITY

Changed setback distance from 1,500 feet to 1,500 feet for turbines near occupied residences, removing a redundant distance specification.

TIMELINE

Adjusted page numbering and formatting throughout the document.

HB0939_3(11).pdf → HB0939_X(3).pdf · 7 edits

MODERATE

This bill establishes setback requirements for wind turbine generators near occupied residences and sets deicing standards for turbines in areas with high ice risk. The bill also amends existing wind energy agreement requirements and sets a delayed effective date of January 1, 2026. These changes aim to balance wind energy development with property rights and safety concerns.

Scope change

The bill applies to wind turbine generators built after the effective date and wind energy agreements executed after April 21, 2011.

REQUIREMENT

Changed setback distance from 1,400 feet to 1,500 feet for wind turbines 500 feet or taller near occupied residences.

Updated setback distance in deicing requirements from 1,400 feet to 1,500 feet for turbines near occupied residences.

Added new provisions requiring wind energy agreements to include specific terms about property rights, liability, compensation, and termination conditions.

Added requirement that wind energy agreements must be notarized.

TIMELINE

Changed the effective date of the act from an unspecified date to January 1, 2026.

ELIGIBILITY

Changed the wind energy agreement effective date from January 1, 2026 to April 21, 2011 for amended requirements.

ENFORCEMENT

Added provision allowing courts to void wind energy agreements that do not contain required terms.

HB0939_X(2).pdf → HB0939_3(11).pdf · 5 edits

MODERATE

This bill amends Montana's wind energy regulations to update setback distances for wind turbines near homes, establish deicing requirements for taller turbines in icy areas, and modify filing requirements for wind energy agreements. The changes aim to improve safety standards and clarify property rights for wind energy developers and landowners.

Scope change

The bill expands applicability by adding deicing requirements for turbines 500+ feet tall in ice class 4+ areas, while modifying setback distances from 1,500 feet to 1,400 feet for turbines near residences.

REQUIREMENT

Setback distance for wind turbines near occupied residences reduced from 1,500 feet to 1,400 feet

New deicing requirement for turbines 500+ feet tall in ice class 4+ areas during operator-controlled deicing processes

New requirement to file wind energy agreements and micrositing maps with environmental quality department plus $100 filing fee

New provision allowing amendment of wind energy agreements before or after construction completion

TIMELINE

Wind energy agreement effective date changed from April 21, 2011 to January 1, 2026

HB0939_3(10).pdf → HB0939_X.pdf · 3 edits

MINOR

This bill was converted from a draft version to an enrolled (final) legislative bill. The substantive policy content remains the same, but formatting was standardized and a certification section was added for official adoption.

Scope change

No substantive scope change; the bill's provisions regarding wind turbine setbacks, deicing requirements, and MCA amendments remain identical to the draft version.

TECHNICAL

Added certification language and signature blocks for the Chief Clerk, Speaker of the House, and President of the Senate to formalize the bill as an enrolled act.

Standardized bill numbering from HB0939.3 to HB 939 and updated page headers from 'Authorized Print Version' to 'ENROLLED BILL'.

Cleaned up formatting inconsistencies, removed bracketed placeholder text like '[sections 1 and 2]' that was used in draft versions, and standardized spacing throughout the document.

HB0939_2(4).pdf → HB0939_3.pdf · 2 edits

MINOR

This bill version (HB0939.3) modifies setback distance requirements for wind energy facilities near occupied residences. The most significant change is the addition of '1,500' between the existing '1,400' and '2,500' distance thresholds, creating a three-tiered setback system. This change clarifies that facilities must maintain at least 1,500 feet from residences unless a shorter distance is approved by the property owner, providing more flexibility while maintaining safety standards.

Scope change

The bill now establishes a more granular setback distance framework for wind energy facilities, allowing for shorter distances with owner approval while maintaining the original 1,400 and 2,500 foot thresholds.

REQUIREMENT

Setback distance requirements now include an additional 1,500 foot threshold alongside the original 1,400 and 2,500 foot distances, creating a more detailed setback framework for wind energy facilities near residences.

The language regarding setback distance approval by property owners has been restructured to clarify that shorter setback distances require owner approval, maintaining the original intent while improving clarity.

HB0939_1(8).pdf → HB0939_2.pdf · 4 edits

MODERATE

The bill was renumbered from HB 939.1 to HB 939.2 with minor formatting adjustments. The substantive policy changes include modifying setback distance requirements from 1,500 feet to 1,400 feet for wind turbines near residences, adding deicing requirements for taller turbines in ice-prone areas, and updating the effective date to January 1, 2026.

Scope change

The bill's scope expanded to include new deicing requirements for wind turbines 500+ feet tall in areas with ice class ratings of 4 or higher, while also tightening setback distance requirements.

REQUIREMENT

Setback distance for wind turbines near residences was reduced from 1,500 feet to 1,400 feet

New deicing requirements for wind turbines 500+ feet tall in areas with ice class ratings of 4 or higher

TIMELINE

Effective date changed to January 1, 2026

TECHNICAL

Bill renumbered from HB 939.1 to HB 939.2 with minor formatting adjustments

LC0739.pdf → HB0939_1.pdf · 4 edits

MODERATE

The bill was renumbered from LC 0739 to HB 939.1 and updated the bill text to reflect House introduction. The substantive policy changes include updating the effective date for wind energy agreements from April 21, 2011 to January 1, 2026, adding new requirements for wind energy agreements to include specific terms like property tax liability protection and termination conditions, and establishing a $100 filing fee for wind energy agreements and micrositing maps with the environmental quality department.

Scope change

The bill's scope expanded to include additional mandatory provisions for wind energy agreements, including requirements for property tax liability protection, termination conditions, and filing of micrositing maps with the state environmental quality department.

TIMELINE

The effective date for wind energy agreements was changed from April 21, 2011 to January 1, 2026.

REQUIREMENT

New requirements were added to wind energy agreements including property tax liability protection for property owners, termination conditions, and a $100 filing fee for agreement and micrositing map submissions.

Added requirement for micrositing maps to be filed with the department of environmental quality along with wind energy agreements.

ENFORCEMENT

Added provision allowing courts to void wind energy agreements or order relief if required terms are not included in the agreement.

Revise laws relating to wind turbine generators

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