MontanaHB 29169th Legislature, Regular Session (2025)HouseWALLET

Revise laws related to air quality standards

Sponsored By: Greg Oblander (Republican)

Became Law

Environmental ProtectionFederal GovernmentRule Making

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 0 benefits, 0 costs, 5 mixed.

Tighter limits on stricter state air rules

After April 14, 1995, the department cannot adopt air rules stricter than comparable federal rules unless it follows a special process. It must hold a public hearing, allow public comment, and issue a written finding that cites peer‑reviewed studies, lists direct costs, and shows the rule protects health and is doable with current technology. Stricter rules remain allowed for areas that do not meet federal air standards or to prevent nonattainment, and older stricter state rules stay in place. When federal minimums exist, the department may still set stricter standards in certain localities when needed.

Petitions to review older air rules

Anyone affected by a department rule adopted after January 1, 1990 and before April 14, 1995 may petition for review if it is stricter than federal rules. The department must fix the rule or run the public hearing and written‑finding process within 6 months. Petitioners must still comply while the review runs, and a filing fee up to $250 may apply. A similar petition right applies to local rules adopted after January 1, 1996 and before May 1, 2001, with action due within 6 months; it also applies when later federal rules are less strict.

Local air programs, public input, fees

Cities and counties can run local air programs after a public hearing and department approval. Local programs must give at least 30 days’ notice, keep an interested‑persons list, mail proposed rules on request, hold a hearing if at least 10 directly affected people ask, answer all comments in writing, and notify commenters of final actions. Local programs may collect permit and registration fees, which must go into a county special revenue fund to run permitting or registration. A locality can set stricter local standards only with department approval, a public hearing and comments, and a written finding that cites peer‑reviewed studies, shows it protects health, is achievable with current tech, and lists direct costs.

State control for big or failing air programs

The department cannot delegate control of very large or complex sources to local programs, including sources needing an environmental impact statement, those under the Major Facility Siting Act, or those that can emit 250 tons a year or more, unless delegated before January 1, 1991. If local geography, population, or pollution sources make local control impractical, the department can set boundaries and require an areawide program instead of local administration. After a hearing, if a local program is inadequate, the department orders fixes within up to 60 days; if not done, the department runs the program there and bills the jurisdiction. The department may also take over a particularly complex or large source when state control is more efficient, and in that case it cannot charge the jurisdiction.

Stronger board enforcement and testing tools

The state air quality board can issue administrative orders under federal law to enforce air rules. The board can compel witnesses and require documents at hearings. The department may use any widely recognized system to measure emissions when it writes rules. These tools improve enforcement and clarity, which can raise compliance demands for regulated facilities.

Sponsors & Cosponsors

Sponsor

  • Greg Oblander

    Republican • House

Cosponsors

  • Brandon Ler

    Republican • House

  • Wylie Galt

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 281 • No: 116

House vote 4/4/2025

Do Concur

Yes: 30 • No: 19

House vote 4/3/2025

Do Concur

Yes: 31 • No: 18

House vote 2/18/2025

Do Pass

Yes: 61 • No: 38

House vote 2/12/2025

AMD-HB0291.001.002 Oblander DO PASS

Yes: 99 • No: 1

House vote 2/12/2025

Do Pass As Amended

Yes: 60 • No: 40

Actions Timeline

  1. Chapter Number Assigned

    5/5/2025House
  2. Signed by Governor

    5/1/2025House
  3. Transmitted to Governor

    4/22/2025House
  4. Signed by President

    4/21/2025Senate
  5. Signed by Speaker

    4/18/2025House
  6. Returned from Enrolling

    4/5/2025House
  7. Sent to Enrolling

    4/4/2025House
  8. 3rd Reading Concurred

    4/4/2025Senate
  9. 2nd Reading Concurred

    4/3/2025Senate
  10. 2nd Reading Pass Consideration

    4/2/2025Senate
  11. Committee Report--Bill Concurred

    3/31/2025Senate
  12. Committee Executive Action--Bill Concurred

    3/28/2025Senate
  13. Hearing

    3/21/2025Senate
  14. Referred to Committee

    3/1/2025Senate
  15. First Reading

    2/19/2025Senate
  16. Transmitted to Senate

    2/18/2025House
  17. 3rd Reading Passed

    2/18/2025House
  18. 2nd Reading Passed as Amended

    2/12/2025House
  19. 2nd Reading Motion to Amend Carried

    2/12/2025House
  20. Committee Report--Bill Passed

    2/10/2025House
  21. Committee Executive Action--Bill Passed

    2/7/2025House
  22. Hearing

    1/29/2025House
  23. First Reading

    1/23/2025House
  24. Referred to Committee

    1/23/2025House
  25. Introduced

    1/22/2025House

Bill Text

  • Enrolled

    4/15/2025

  • As Amended (Version 2)

    2/13/2025

  • Introduced

    1/22/2025

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