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MontanaHB 80869th Legislature, Regular Session (2025)House

Creating the Montana brownfields program

Sponsored By: Paul Tuss (Democrat)

Signed by Governor

Environmental ProtectionGas and OilMining and MineralsRule MakingAppropriations

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Bill Overview

Analyzed Economic Effects

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

Petroleum cleanup plans and reimbursements

If cleanup from a petroleum tank release is expected to cost over $100,000, the owner or operator must meet with DEQ and the petroleum board. The board can issue a written guarantee to reimburse eligible cleanup costs, even for estimated future costs, when cash is not available. Guarantees do not change the order in which reimbursements are paid. After DEQ approves a cleanup plan, local and tribal governments and the board cannot add different cleanup rules. A plan may also include a petroleum mixing zone if allowed by law.

Rules and oversight for brownfields program

DEQ sets the program’s rules, forms, who qualifies, award terms, and any maximum award sizes. Inspectors with credentials may enter cleanup sites to check compliance. Older petroleum brownfields statutes are repealed and the program runs under this new law. The Secretary of State sends the law to each federally recognized tribal government.

State fund for brownfield cleanup

The law creates a state brownfields cleanup fund. Money from appropriations, transfers, reimbursements, gifts, and donations goes into it, and interest stays in the fund. The fund is statutorily appropriated to DEQ and may only pay for investigation and cleanup, demolition, asbestos and lead paint abatement, and underground tank removal. The fund is added to Montana’s list of statutory appropriations. The state transfers $200,000 in FY 2026 and $200,000 in FY 2027 to start it.

Who can use federal brownfields money

The law sets who can use federal brownfields money at a site. Before spending, EPA or DEQ must write that no viable responsible party exists, the party will not do the work, and the site is not under certain cleanup orders. For petroleum sites, DEQ assumes ongoing businesses and governments are viable and assumes individuals and defunct companies are not, unless financial records show otherwise. Once a site is eligible, DEQ cannot restrict an eligible entity’s use of federal funds, and state petroleum‑cleanup funds may back a federal brownfields loan. If an eligible entity proposes a timely, full cleanup that meets DEQ standards and petroleum board financial rules, DEQ must approve it and allow federal funding. Program definitions guide which sites and applicants qualify.

Sponsors & Cosponsors

Sponsor

  • Paul Tuss

    Democrat • House

Cosponsors

  • Willis Curdy

    Democrat • Senate

Roll Call Votes

All Roll Calls

Yes: 289 • No: 109

Senate vote • 4/16/2025

Do Concur

Yes: 49 • No: 1

Senate vote • 4/15/2025

Do Concur

Yes: 48 • No: 1

House vote • 3/28/2025

Do Pass

Yes: 60 • No: 39

House vote • 3/26/2025

AMD-HB0808.002.001 Tuss DO PASS

Yes: 74 • No: 26

House vote • 3/26/2025

Do Pass As Amended

Yes: 58 • No: 42

Actions Timeline

  1. Chapter Number Assigned

    5/8/2025House

  2. Signed by Governor

    5/5/2025House

  3. Transmitted to Governor

    4/25/2025House

  4. Signed by President

    4/25/2025Senate

  5. Signed by Speaker

    4/24/2025House

  6. Returned from Enrolling

    4/19/2025House

  7. Sent to Enrolling

    4/16/2025House

  8. 3rd Reading

    4/16/2025Senate

  9. 2nd Reading

    4/15/2025Senate

  10. Committee Report

    4/12/2025Senate

  11. Committee Executive Action

    4/11/2025Senate

  12. Hearing

    4/8/2025Senate

  13. Hearing

    4/2/2025Senate

  14. Revised Fiscal Note Signed

    3/31/2025House

  15. Revised Fiscal Note Received

    3/31/2025House

  16. 1st Reading

    3/31/2025Senate

  17. Referred to Committee

    3/31/2025Senate

  18. Transmitted to Senate

    3/28/2025House

  19. 3rd Reading

    3/28/2025House

  20. Revised Fiscal Note Requested

    3/27/2025House

  21. Revised Fiscal Note Printed

    3/26/2025House

  22. 2nd Reading

    3/26/2025House

  23. 2nd Reading Motion to Amend

    3/26/2025House

  24. Revised Fiscal Note Signed

    3/26/2025House

  25. Revised Fiscal Note Received

    3/26/2025House

Bill Text

  • Enrolled

    4/16/2025

    PDF

  • As Amended (Version 3)

    3/26/2025

    PDF

  • As Amended (Version 2)

    3/24/2025

    PDF

  • Introduced

    2/26/2025

    PDF

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