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MontanaHB 73669th Legislature, Regular Session (2025)House

Provide nutrient pollutant loading offsets

Sponsored By: Steve Fitzpatrick (Republican)

Became Law

Environmental ProtectionWaterRule Making

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 1 benefits, 0 costs, 1 mixed.

Nutrient credit trading for permit holders

The law lets point‑source dischargers with Montana water permits use nutrient offsets or trading credits to meet nutrient limits, including limits set by total maximum daily load (TMDL) plans. If offset actions cut nutrients in a watershed, the department may issue or change a permit to allow nutrient discharges. Offsets can also cover increased or continued discharges if there is a net decrease in the same USGS 12‑digit hydrologic unit (HUC12) subbasin, or in a nearby HUC12 when the project is very close. Reductions must come from other point or nonpoint sources within that subbasin.

How Montana measures and values nutrient credits

Applicants must measure and prove nutrient reductions using department methods or site‑specific methods the department accepts. Credits are valued at set minimum rates: 100% for point‑source cuts, 80% for up‑gradient nonpoint cuts, and 50% for down‑gradient nonpoint cuts. The department sets statewide methods to estimate nonpoint reductions for projects like riparian fencing, riparian vegetation, wetlands tied to irrigation return flows, and removal of septic systems. Applicants can propose other science‑backed projects, and the department uses its methods unless strong evidence shows very different nutrient loading. The department updates its nutrient trading policy (DEQ‑13) and related rules to run the program.

Sponsors & Cosponsors

Sponsor

  • Steve Fitzpatrick

    Republican • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 372 • No: 121

House vote • 4/18/2025

Do Concur

Yes: 69 • No: 30

House vote • 4/17/2025

Do Concur

Yes: 58 • No: 41

House vote • 4/12/2025

Do Concur

Yes: 45 • No: 5

House vote • 4/11/2025

Do Concur

Yes: 36 • No: 12

House vote • 3/7/2025

Do Pass

Yes: 82 • No: 17

House vote • 3/5/2025

Do Pass

Yes: 82 • No: 16

Actions Timeline

  1. Chapter Number Assigned

    5/13/2025House

  2. Signed by Governor

    5/8/2025House

  3. Transmitted to Governor

    5/1/2025House

  4. Signed by President

    5/1/2025Senate

  5. Signed by Speaker

    4/29/2025House

  6. Returned from Enrolling

    4/21/2025House

  7. Sent to Enrolling

    4/18/2025House

  8. 3rd Reading Passed as Amended by Senate

    4/18/2025House

  9. 2nd Reading Senate Amendments Concurred

    4/17/2025House

  10. Returned to House with Amendments

    4/12/2025Senate

  11. 3rd Reading Concurred

    4/12/2025Senate

  12. 2nd Reading Concurred

    4/11/2025Senate

  13. Committee Report--Bill Concurred as Amended

    4/8/2025Senate

  14. Committee Executive Action--Bill Concurred as Amended

    4/7/2025Senate

  15. Hearing

    3/27/2025Senate

  16. Referred to Committee

    3/18/2025Senate

  17. First Reading

    3/14/2025Senate

  18. Transmitted to Senate

    3/7/2025House

  19. 3rd Reading Passed

    3/7/2025House

  20. 2nd Reading Passed

    3/5/2025House

  21. Committee Report--Bill Passed

    3/3/2025House

  22. Fiscal Note Printed

    3/3/2025House

  23. Fiscal Note Unsigned

    3/3/2025House

  24. Fiscal Note Received

    3/3/2025House

  25. Committee Executive Action--Bill Passed

    3/3/2025House

Bill Text

  • Enrolled

    4/21/2025

    PDF

  • As Amended (Version 2)

    4/8/2025

    PDF

  • Introduced

    2/25/2025

    PDF

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