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

Revise wind and solar facility decommissioning

Sponsored By: Neil Duram (Republican)

Became Law

EnergyEnvironmental Protection

Your PRIA Score

Score Hidden

Personalized for You

How does this bill affect your finances?

Sign up for a PRIA Policy Scan to see your personalized alignment score for this bill and every other piece of legislation we track. We analyze your financial profile against policy provisions to show you exactly what matters to your wallet.

Free to start

Bill Overview

Analyzed Economic Effects

6 provisions identified: 2 benefits, 1 costs, 3 mixed.

Bond exemptions and special cases

You do not need a department bond if a federal, state, tribal, county, or local agency already holds an equivalent bond. You can also be exempt if a lease requires private bonding, the landowner owns at least 10% of the facility, or the site is small and older (wind under 25 MW operating on or before 2018; solar under 2 MW operating on or before 2020). If the department finds the site is repurposed, no bond is required until the repurposed site reaches its fifth year; any existing bond is released until then. If a landowner and owner agree to alternative restoration and share it with the department, removal or reclamation in that agreement is not required.

State fund for wind and solar cleanup

The law creates a Wind and Solar Decommissioning Account in the state special revenue fund. Penalties, proceeds from liened‑asset sales, and interest go into the account. Money is statutorily appropriated to the department and used only to run this program. The department uses existing resources and the account, and holds bonds or other surety.

Wind and solar planning and notices

Owners must tell the department within 90 days after construction starts. Within 12 months of commercial operation, owners must report the start date and file a decommissioning plan, cost estimates, and a lease abstract. Sites that began before May 7, 2019 had to file by July 1, 2020, unless they already filed by July 1, 2018. The department may change a plan; owners can appeal within 60 days. Posting a bond does not replace local zoning, military‑area, or airport‑area rules.

Deadlines to post your bond

Bond timing depends on when your site began. On or before Jan 1, 2007: post before the end of year 16. After Jan 1, 2007 and before Oct 1, 2025: post before the end of year 15. On or after Oct 1, 2025: post before the end of year 12. If a lease ends before year 12, post one year before the lease ends. When ownership changes, the seller’s bond is released after 90 days. The buyer has 90 days to post a bond or face penalties.

How bond amounts are set

The department sets your bond using site conditions and an independent salvage value. Your required bond equals 100% of the department’s calculated cost. After you post a bond, once every five years you can seek plan approval and a lower bond if material facts changed.

Penalties, liens, and state cleanup

If you fail to file an acceptable bond, after 30 days the department may fine up to $1,500 plus up to $1,500 per day. If no bond is filed or the site is abandoned for 30 days, the department can file a lien for at least the estimated decommissioning cost plus an annual inflation amount. If you do not fix problems within 90 days after notice, the department may foreclose and decommission the site or hire contractors. If the department accepts a required bond, it must release any lien.

Sponsors & Cosponsors

Sponsor

  • Neil Duram

    Republican • House

Cosponsors

  • Daniel Zolnikov

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 496 • No: 42

House vote • 4/17/2025

Do Concur

Yes: 99 • No: 0

House vote • 4/16/2025

Do Concur

Yes: 98 • No: 0

House vote • 4/11/2025

Do Concur

Yes: 46 • No: 2

House vote • 4/10/2025

AMD-HB0031.002.002 Phalen D/PASS

Yes: 14 • No: 34

House vote • 4/10/2025

Do Concur

Yes: 42 • No: 6

House vote • 1/21/2025

Do Pass

Yes: 99 • No: 0

House vote • 1/20/2025

Do Pass

Yes: 98 • 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 Passed as Amended by Senate

    4/17/2025House

  9. 2nd Reading Senate Amendments Concurred

    4/16/2025House

  10. Returned to House with Amendments

    4/11/2025Senate

  11. 3rd Reading Concurred

    4/11/2025Senate

  12. 2nd Reading Concurred

    4/10/2025Senate

  13. 2nd Reading Motion to Amend Failed

    4/10/2025Senate

  14. Committee Report--Bill Concurred as Amended

    4/9/2025Senate

  15. Committee Executive Action--Bill Concurred as Amended

    4/8/2025Senate

  16. Committee Executive Action--Bill Concurred as Amended

    4/8/2025Senate

  17. Committee Executive Action--Bill Concurred as Amended

    2/18/2025Senate

  18. Hearing

    2/4/2025Senate

  19. Referred to Committee

    2/4/2025Senate

  20. First Reading

    1/22/2025Senate

  21. Transmitted to Senate

    1/21/2025House

  22. 3rd Reading Passed

    1/21/2025House

  23. 2nd Reading Passed

    1/20/2025House

  24. Committee Report--Bill Passed

    1/16/2025House

  25. Committee Executive Action--Bill Passed

    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