PRIA Logo™
MontanaHB 3169th Legislature, Regular Session (2025)House

Revise wind and solar facility decommissioning

Sponsored By: Neil Duram (Republican)

Signed by Governor

EnergyEnvironmental Protection

Personalized for You

How does this bill affect your finances?

Personalize government policy and PRIA will tell you what this bill means for your household, plus every other piece of legislation we track. PRIA reads each provision against your financial profile to show you exactly what matters to your wallet.

Free to download

Bill Overview

Analyzed Economic Effects

4 provisions identified: 1 benefits, 1 costs, 2 mixed.

Penalties, liens, and a cleanup fund

If you do not post an acceptable bond within 30 days after Department of Environmental Quality (DEQ) notice, DEQ can fine you up to $1,500 plus up to $1,500 per day. You can appeal the fine within 20 days of written notice. If no bond is in place or within 30 days after abandonment, DEQ files a lien on the generation assets for at least the estimated cleanup cost plus an annual inflation add‑on. The lien is released when DEQ accepts a valid bond. If you do not start fixing the problem within 90 days after notice, DEQ can foreclose and clean up the site using its staff or contractors. The Wind and Solar Decommissioning Account holds penalties, lien sale proceeds, and interest, and DEQ uses it only to run and enforce cleanup.

Cleanup bonds and deadlines for wind and solar

The Department of Environmental Quality (DEQ) sets your cleanup bond at 100% of its calculated cost after salvage value from an independent evaluator. Bond deadlines depend on when the site started. On or before Jan 1, 2007: due before the end of year 16. After Jan 1, 2007 and before Oct 1, 2025: due before the end of year 15. On or after Oct 1, 2025: due before the end of year 12. If the property lease ends before year 12, the bond is due one year before the lease ends. When a site is sold, the seller’s bond is released after 90 days, and the buyer must post any required bond within 90 days or face penalties.

Exemptions and bond relief for wind and solar

Some owners do not have to post a state cleanup bond. You are exempt if you already posted a decommissioning bond with a federal agency, the Montana Department of Natural Resources and Conservation for a state land lease, or a tribal, county, or local government. Private bonding under a lease can qualify if the Department of Environmental Quality approves the documents, and private landowners with at least a 10% share are exempt. Small older sites are exempt: wind under 25 MW that started on or before Jan 1, 2018, and solar under 2 MW that started on or before Jan 1, 2020. If the department agrees your site is repurposed, no bond is required and any existing bond is released until the repurposed site reaches year 5.

Decommissioning plans, notices, and appeals

Owners must tell the Department of Environmental Quality (DEQ) within 90 days after construction starts. Within 12 months after a site begins commercial operation, owners must report the start date and file a decommissioning plan with scope, costs, and any lease abstract. Owners must also give any other information DEQ requests. DEQ can change the plan to set bond needs, and owners can appeal within 60 days. After bonding, owners may apply every five years to amend the plan and ask for a bond reduction if material facts change. Sites that began before May 7, 2019 had to submit the required information by July 1, 2020, unless they already filed it by July 1, 2018.

Sponsors & Cosponsors

Sponsor

  • Neil Duram

    Republican • House

Cosponsors

  • Daniel Zolnikov

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 501 • No: 44

House vote • 4/17/2025

Do Concur

Yes: 99 • No: 0

House vote • 4/16/2025

Do Concur

Yes: 100 • No: 0

Senate vote • 4/11/2025

Do Concur

Yes: 46 • No: 2

Senate vote • 4/10/2025

AMD-HB0031.002.002 Phalen D/PASS

Yes: 14 • No: 36

Senate vote • 4/10/2025

Do Concur

Yes: 44 • No: 6

House vote • 1/21/2025

Do Pass

Yes: 99 • No: 0

House vote • 1/20/2025

Do Pass

Yes: 99 • No: 0

Actions Timeline

  1. Chapter Number Assigned

    5/16/2025House

  2. Signed by Governor

    5/12/2025House

  3. Transmitted to Governor

    5/5/2025House

  4. Signed by President

    5/2/2025Senate

  5. Signed by Speaker

    5/1/2025House

  6. Returned from Enrolling

    4/22/2025House

  7. Sent to Enrolling

    4/18/2025House

  8. 3rd Reading Senate Amendments

    4/17/2025House

  9. 2nd Reading Senate Amendments

    4/16/2025House

  10. Returned to House with Amendments

    4/11/2025Senate

  11. 3rd Reading

    4/11/2025Senate

  12. 2nd Reading

    4/10/2025Senate

  13. 2nd Reading Motion to Amend

    4/10/2025Senate

  14. Committee Report

    4/9/2025Senate

  15. Committee Executive Action

    4/8/2025Senate

  16. Committee Executive Action

    4/8/2025Senate

  17. Committee Executive Action

    2/18/2025Senate

  18. Hearing

    2/4/2025Senate

  19. Referred to Committee

    2/4/2025Senate

  20. 1st Reading

    1/22/2025Senate

  21. Transmitted to Senate

    1/21/2025House

  22. 3rd Reading

    1/21/2025House

  23. 2nd Reading

    1/20/2025House

  24. Committee Report

    1/16/2025House

  25. Committee Executive Action

    1/15/2025House

Bill Text

  • Enrolled

    4/22/2025

    PDF

  • As Amended (Version 2)

    4/9/2025

    PDF

  • Introduced

    12/9/2024

    PDF

Related Bills

Back to State Legislation