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MontanaHB 80869th Legislature, Regular Session (2025)HouseWALLET

Creating the Montana brownfields program

Sponsored By: Paul Tuss (Democrat)

Became Law

Environmental ProtectionOil and GasMining and MineralsRule MakingAppropriations

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 2 benefits, 0 costs, 3 mixed.

Easier use of federal brownfields funds

After DEQ or EPA finds a site eligible, DEQ must encourage and cannot limit an eligible entity’s use of federal brownfields funds. DEQ also cannot limit use of the state petroleum tank cleanup fund when it is pledged to a federal brownfields loan. DEQ must approve a comprehensive cleanup plan and allow federal funds if the site is eligible, the plan meets or exceeds DEQ standards, and it meets or exceeds the compensation board’s financial commitments.

New state brownfields cleanup fund

The law creates a brownfields cleanup fund and makes it automatically available to DEQ. Money can pay for site investigation, cleanup, demolition, asbestos and lead abatement, and tank removal. The state transfers $200,000 in FY2026 and $200,000 in FY2027 to start the fund; unspent money and interest stay in the account. The fund is added to the statutory appropriations list. DEQ can set application rules, who qualifies, award terms, and caps to meet federal requirements. The act repeals the prior petroleum brownfields statutes and replaces them with this framework.

Rules and reimbursements for tank cleanups

If cleanup costs are expected to exceed $100,000, you must meet with DEQ and the compensation board; under $100,000, a meeting can be held on request. You must keep detailed records, and the board pays only eligible, necessary, and reasonable costs. The board can give written guarantees to reimburse approved or estimated eligible costs when funds are short. If DEQ issues an administrative order for noncompliance, reimbursements for later claims stop until DEQ finds you back in compliance; you can request a hearing within 120 days. Once DEQ approves a corrective action plan, it controls the cleanup steps, and plans may include a petroleum mixing zone.

DEQ inspections at cleanup sites

DEQ representatives may enter and inspect properties where brownfield cleanup or redevelopment is happening or has happened. They must show proper credentials. This helps enforce cleanup standards and protect health while adding an inspection duty for site owners.

Who can get brownfields money

The law defines brownfield sites and who is eligible to receive funds, including cities, counties, tribal governments, nonprofits, state agencies, and economic development groups. Before spending federal brownfields money at a site, EPA or DEQ must write that no viable responsible party will assess, investigate, or clean the site and that it is not under certain orders. For petroleum‑focused sites, DEQ presumes businesses and governments are viable and presumes individuals and defunct or insolvent companies are not, unless shown otherwise. Applicants must provide financial information on responsible parties, and DEQ cannot call a party viable just because it can seek payments from the petroleum tank cleanup fund.

Sponsors & Cosponsors

Sponsor

  • Paul Tuss

    Democrat • House

Cosponsors

  • Willis Curdy

    Democrat • Senate

Roll Call Votes

All Roll Calls

Yes: 286 • No: 109

House vote • 4/16/2025

Do Concur

Yes: 49 • No: 1

House vote • 4/15/2025

Do Concur

Yes: 47 • 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: 73 • No: 26

House vote • 3/26/2025

Do Pass As Amended

Yes: 57 • 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 Concurred

    4/16/2025Senate

  9. 2nd Reading Concurred

    4/15/2025Senate

  10. Committee Report--Bill Concurred

    4/12/2025Senate

  11. Committee Executive Action--Bill Concurred

    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. First Reading

    3/31/2025Senate

  17. Referred to Committee

    3/31/2025Senate

  18. Transmitted to Senate

    3/28/2025House

  19. 3rd Reading Passed

    3/28/2025House

  20. Revised Fiscal Note Requested

    3/27/2025House

  21. Revised Fiscal Note Printed

    3/26/2025House

  22. 2nd Reading Passed as Amended

    3/26/2025House

  23. 2nd Reading Motion to Amend Carried

    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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