MontanaSB 20169th Legislature, Regular Session (2025)SenateWALLET

Revise contaminated property cleanup laws for dangerous drugs

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Bill Overview

Analyzed Economic Effects

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

Cleanup standards, sampling, and property coverage

The meth cleanup standard is 1.5 micrograms per 100 square centimeters of surface unless the department sets a different health‑based rule. The department must set fentanyl cleanup standards and may set standards for precursors. If no rule sets sampling numbers, inspectors take at least six surface samples per property and at least three HVAC samples if there is HVAC. Surface materials include ceilings, walls, window coverings, floors, counters, furniture, and heating and cooling ducts. The law also treats storage facilities, mobile homes, and recreational vehicles intended to be occupied or sold, leased, or rented as inhabitable property.

Contaminated property notices, lists, and owner protections

Owners must give written notice before a sale or lease if a home was not cleaned to state standards by a certified contractor. When police learn a property is contaminated, they report it to the department and local health officer. The department keeps a public website list of reported contaminated properties and removes a home after it confirms cleanup or that standards are met; it also notifies the owner and local health officer. After removal, owners, landlords, and agents do not have to disclose the past contamination. Volunteer properties are not posted publicly, and the department verifies when a volunteer property meets all cleanup rules. If the department confirms cleanup and the required notice was given, the owner and agent are not liable to the notified person for meth contamination.

Certification, fees, and penalties for cleanup contractors

The Department of Environmental Quality sets training and certification rules for contractors and their employees who assess or clean drug‑contaminated properties. The state can run or approve training and testing and charge reasonable fees to cover costs. Contractors must follow certification, documentation, and decertification rules, and the department can investigate complaints about uncertified practice. No one may claim to be certified unless the department certified them; penalties include revocation, up to $1,000 and at least 16 hours of training for a first offense, and up to $2,000 and at least 24 hours for a second offense. The department keeps a public list of certified contractors. Contractors certified in another state can qualify in Montana after refresher training unless their home state’s process is not substantially similar.

Sponsors & Cosponsors

Sponsor

Vince Ricci
Republican • Senate

Cosponsors

Lee Deming
Republican • House

Roll Call Votes

All Roll Calls

Yes: 297 • No: 1

Senate vote • 4/11/2025

Do Concur

Yes: 99 • No: 0

Senate vote • 4/10/2025

Do Concur

Yes: 99 • No: 0

Senate vote • 2/21/2025

Do Pass

Yes: 49 • No: 1

Senate vote • 2/20/2025