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Montana Legislative Update – April 26, 2013

klj — Fri, 26 Apr 2013 23:39:28 +0000

The 63^rd session of the Montana Legislature adjourned, sine die, April 24, 2013. Below is a preliminary end of session report for bills signed into law, relevant to KLJ. Many bills remain to be signed or vetoed by Governor Bullock.

Chapter Number	Bill Number	Sponsor	Short Title	Summary
168	HB 7	Rob Cook	Reclamation and development grants	Implements the Reclamation and Development Grants Program; appropriates money to the Department of Natural Resources and Conservation for grants under the Reclamation and Development Grants Program
215	HB 9	Roy Hollandsworth	Cultural and aesthetic grants	Establishes priorities for cultural and aesthetic project grant awards; appropriates money for cultural and aesthetic grants; and provides an effective date
103	HB 45	Steve Lavin	Require EQC eminent domain handbook included in condemnation complaint	Requires that complaint for condemnation include a copy of the environmental quality council’s eminent domain in Montana handbook
65	HB 169	Kerry White	Allow growth policy to be used for coordination	Allows for a local governing body to use or modify a growth policy for the purpose of coordinating and cooperating with Federal Land Management Agencies
72	HB 243	Nancy Wilson	Revise professional engineering, engineering intern and surveyor examination laws	Revises engineering examination laws to conform more with national standards and providing rule making authority to the appropriate oversight board
171	HB 314	Doug Kary	Revising special district laws	Revises laws governing special districts; allows a governing body to order a referendum on the creation of a special district, revises the requirements for initiating creation of special district by petition, requires that maps of boundaries be made available, clarify who must receive notice of passage of resolution of intent, revises deadline for protestation, requires protests be sent to property owners, requires a referendum under certain circumstances
218	HB 513	Bill McChesney	Exempt oversize load permits from the Montana Environmental Policy Act	Exempts permits for oversize vehicles from environmental review under certain circumstances
22	SB 16	Dick Barrett	Revise tax increment financing laws related to distribution	Amends the entitlement share payment for Missoula tax increment financing district 1-1c
109	SB 40	Edward Buttrey	Generally revising provisions governing subdivision review	Revises provisions governing subdivision review; revises procedures for submission of subdivision applications
187	SB 48	Greg Jergeson	Establish regional water system rate process	Provides a process for regional authorities to establish and change rates, fees and charges for providing water and wastewater services
110	SB 77	John Brenden	Revise public contract competitive bidding law – no bid required up to $80K	Raises from $50,000 to $80,000 the contact amount on certain local government and school purchase and construction contracts that require use of the competitive, advertised bidding process
45	SB 111	Matthew M Rosendale	Revising apportionment of certain highway construction funds	Redefines the recipient of federal-aid highway funds from city to urban area
159	SB 137	Alan Olson	Revise local government laws related to property environmental clean-up	Provides a local government entity with a defense against liability in a tort action for damages suffered as a result of an act or omission that constitutes a violation of the Clean Water Statues, the Solid Waste Management Act, the Hazardous Waste Act, Petroleum Storage Tank Cleanup Requirements or the Underground Storage Tank Act on property acquired by virtue of the local government’s authority
44	SB 141	Alan Olson	Revise definitions for certain common carrier pipelines	Clarifies that pipelines transporting carbon dioxide from plants or facilities that produce or capture carbon dioxide are common carrier pipelines
214	SB 239	Edward Buttrey	Generally revise tax increment financing districts	Generally revises tax increment financing district laws; provides for creation of targeted economic development districts; allows counties to create targeted economic development districts and to use tax increment financing; removes provisions for creation of and bonding in technology, aerospace transportation and technology districts, and industrial districts
165	SB 293	Bruce Tutvedt	Require certain water and sanitation information at subdivision preapplications	Requires a subdivider to submit information requiring whether a proposed subdivision’s water and wastewater systems will be under the Public Service Commission’s jurisdiction
195	SB 316	Jenifer Fielder	Generally revise subdivision laws regarding encroachment onto private property	Revises subdivision and local board of health laws related to encroachment onto private property; prohibits local approval of proposed subdivision if a well isolation zone or other features and improvements of the subdivision encroach onto private property
197	SB 327	Alan Olson	Generally revise renewable portfolio standard	Exempts certain competitive electric suppliers from requirements of the Montana Renewable Power Production and Rural Economic Development Act

Montana Legislative Update – April 19, 2013

klj — Fri, 19 Apr 2013 21:45:26 +0000

On April 18, the Montana State Senate passed House Bill 218, which creates a new oil and gas impact fund that would make available at least $85 million over the next seven years. The Senate voted 47-3 to advance the bill, which will be heading back to the House for one last vote. If the House accepts some changes made by the Senate, the bill goes to Gov. Steve Bullock for his signature into law. See attached article.

Bill #: SB 23

Short Title: Revise interim zoning laws

Primary Sponsor: Matthew M Rosendale

Status: (H) Returned to Senate concurred in Governor’s proposed amendments (97 – 3)

Bill #: SB 96

Short Title: Lower the business and equipment tax

Primary Sponsor: Bruce Tutvedt

Status: (H) Returned to Senate with amendments (73 – 27)

Fiscal Note: Fiscal Note

Bill #: SB 105

Short Title: Revise interim zoning laws

Primary Sponsor: Taylor Brown

Status: (H) Returned to Senate not concurred in Governor’s proposed amendments (60 – 40)

Bill #: SB 316

Short Title: Generally revise subdivision laws regarding encroachment onto private property

Primary Sponsor: Jennifer Fielder

Status: Chapter number assigned 195

Bill #: SB 327

Short Title: Generally revise renewable portfolio standard

Primary Sponsor: Alan Olson

Status: Chapter number assigned 197

Bill #: SJ 29

Short Title: Study resolution to assess consequence of adopting green school standards

Primary Sponsor: Mike Phillips

Status: (S) Committee Report–Bill Passed — (S) Energy and Telecommunications (8 – 0)

Montana Legislative Update – April 12, 2013

klj — Fri, 12 Apr 2013 21:17:32 +0000

The Montana legislature is nearing the end of the 2013 legislative session, with only two weeks remaining. The anticipated last day of the session is April 26 but lawmakers could recess early if HB 2, the General Appropriations Bill, is approved by the legislature sooner.

Bill Number: HB 7

Title: Reclamation and Development Grants.

Sponsors: Rob Cook

Purpose: to fund the Reclamation and Development Grant program.

Action: HB 7 was signed by the Governor on April 9.

Bill Number: HB 11

Title: Treasure State Endowment Program.

Sponsors: Steve Gibson

Purpose: to fund the Treasure State Endowment Program.

Action: the bill passed out of committee with resounding support on April 10.

Bill Number: HB 443

Title: Revise termination of tax increment financing.

Sponsors: Rob Cook

Purpose: to reduce the termination of Tax Increment Financing district financing from 40 years to 30 years.

Action: the bill was tabled by the Senate Taxation Committee on April 12. However, the committee unanimously approved SJ 30, a bill to request a study of Tax Increment Finance Districts.

Montana Legislative Update – April 5, 2013

klj — Fri, 05 Apr 2013 22:27:22 +0000

The week of April 1 the Montana capitol was teeming with activity, as April 5 is the last day to transmit Revenue Bills and Referenda Legislation.

Bill Number: SB 77

Title: Revise public contract competitive bidding law – no bid required up to $80K.

Sponsors: John Brenden

Purpose: A bill to increase the public contract bidding requirement to $80,000 (up from $50,000).

Action: Signed into public law.

Bill Number: HB 589

Title: An act submitting to the qualified electors of Montana an amendment to Article IX of the Montana Constitution to establish a permanent oil and gas trust fund funded from taxes on oil and gas production.

Sponsors: Tom Jacobson

Purpose: A bill to establish an oil and gas trust fund.

Action: Passed the House Thursday April 4 (52-47) and will be transmitted to the Senate.

Bill Number: HB 417

Title: An act generally revising eminent domain laws.

Sponsors: Flynn, Galt, Harris, Macdonald, Moore, Randall, Rosendale, Wagoner

Purpose: A bill to revise eminent domain laws.

Action: Passed by the Senate Energy & Telecommunications Committee (13-0).

Bill Number: SB 288

Title: An act generally revising eminent domain laws; determining procedures to be undertaken prior to condemnation in accordance with eminent domain laws.

Sponsors: Vincent, Olson

Purpose: A bill to substantially revise Montana’s condemnation procedures.

Action: Passed by the House Federal Relations, Energy and Telecommunications Committee (12-2).

Bill Number: SB 396

Title: An act authorizing the Board of Oil and Gas Conservation to issue grants to assist local governments with infrastructure needs as a result of oil and gas impact.

Sponsors: Brenden

Purpose: A bill to create an oil and local impact funding account.

Action: Passed second reading on the Senate floor (38-12).

Montana Legislative Update – March 29, 2013

klj — Fri, 29 Mar 2013 21:14:26 +0000

March 29 marks day 67 of Montana’s 90-day legislative session. The Legislature has recessed for the Easter weekend, returning Tuesday, April 2.

The week of March 25, $75.5 million in construction projects included in the bonding bill (HB 14) were moved into HB 5, the state’s long-range building appropriations bill. The transfer will allow the projects previously financed by bonds to instead be paid for in cash. The House Appropriations Committee will take a final vote on the bill before sending it to the Senate.

HB 45, an act requiring that a complaint for condemnation include a copy of the EQC’s Eminent Domain in Montana Handbook was signed by the Governor. The act applies to complaints filed on or after March 28, 2013.

The House approved a pay raise (HB 13) for state employees and a pair of bills (HB 377 and HB 454) to fix Montana’s public pension system.

The House also approved HB 581, a bill to simplify state income taxes by eliminating most tax credits and deductions. If enacted into law, it would reduce state tax collections by $20 million per year.

Additionally, a number of bills were tabled, including:

HB 413 – Referendum on eminent domain laws

HB 435 – Railroad quiet zones grants

HB 611 – Housing Incentive Fund

SB 180 – Revise eminent domain laws

SB 399 – Revise oil gas tax holiday and provide funding to local governments

SB 389 – Revise allocation of oil and gas revenue for impact projects

HB 590 – Implement the Access Health Montana Program (Medicaid expansion bill)

The bills are not expected to continue through the legislative process without a great deal of effort.

Montana Legislative Update – March 22, 2013

klj — Fri, 22 Mar 2013 21:06:45 +0000

This week HB 2, the General Appropriations Act, passed the House 97-0 on March 20 and was transmitted to the Senate for consideration. With prompt action on the major funding bill, the Montana legislature could adjourn 7-10 days ahead of schedule, possibly by April 20.

Bill Number: HB 11

Title: An act appropriating money to the Department of Commerce for financial assistance to local government infrastructure projects through the Treasure State Endowment Program.

Sponsors: S. Gibson

Purpose: A bill to fund the Treasure State Endowment Program.

Action: The bill was transmitted to the Senate for consideration. It passed the House 95-1 on March 15.

Bill Number: HB 9

Title: An act establishing priorities for cultural and aesthetic projects grant awards; appropriating money for cultural and aesthetic grants.

Sponsors: R. Hollandsworth

Purpose: A bill to fund cultural and aesthetic grants.

Action: The bill has passed the House 62-35 on March 18 and was transmitted to the Senate.

Bill Number: SB 239

Title: An act generally revising tax increment financing district laws; providing for creation of targeted economic development districts; allowing counties to create targeted economic development districts and to use tax increment financing.

Sponsors: E. Buttrey

Purpose: A bill to create targeted economic development districts and allow such districts to use TIF financing.

Action: Passed the House Taxation Committee 20-0 on March 18.

On Mach 20, the Senate Local Government Committee held a hearing on HB 435, a bill to allow the coal board to issue grants up to $200,000 to communities for establishment of railroad quiet zones. Preference would be granted to communities with an average of 12 or more trains per day. Funds could only be used for the purpose after other coal board grant projects are funded.

Montana Legislative Update – March 15, 2013

klj — Fri, 15 Mar 2013 13:30:52 +0000

Friday, March 15 is day 56 of Montana’s 90-day legislative session. This week HB 11, the Treasure State Endowment Program, passed the House without opposition. The measure includes more than $12 million in regional water funding to satisfy the state share of Montana’s two federally authorized drinking water projects. It will now be transmitted to the Senate for consideration.

The House also passed SB 77 to increase the municipal competitive bidding limit on services and equipment from $50,000 to $80,000. The bill will soon be sent to the Governor for signature and enactment into law (or veto).

Additionally, SB 295, a bill to eliminate oil and gas tax incentive and provide money for impacts and renewables was tabled in committee. Minority committee members may attempt to hurry the bill out of committee to bring it to the Senate floor for debate and vote next week.

Bill Number: HB 11

Title: Treasure State Endowment Program

Sponsor: Representative Steve Gibson

Purpose: Provide funding for TSEP

Action: House Scheduled for third reading on March 15

Bill Number: SB 77

Title: An act raising from $50,000 to $80,000 the contract amount on certain municipal local government and school purchase and construction contracts that require use of the competitive, advertised bidding process.

Sponsor: Senator Brenden

Purpose: To revise municipal contract competitive bidding law so no bid is required up to $100,000.

Action: Scheduled for third reading on March 15

Bill Number: SB 295

Title: An act terminating the reduced tax rates for new oil production and new natural gas production and using the proceeds for oil and natural gas impact projects and the promotion of renewable resources.

Sponsor: Senator Christine Kaufmann

Purpose: To revise oil and gas tax laws

Action: Senate Taxation Committee hearing held

Montana Legislative Update – March 8, 2013

klj — Fri, 08 Mar 2013 13:21:14 +0000

On Wednesday March 6, the Senate Finance and Claims Committee held a hearing on HB 8, the Renewable Resource Bonds and Loans bill. If enacted in current form, the measure would satisfy the local match shares of Montana’s two federally authorized regional water projects: Rocky Boys/North Central Regional and Fort Peck/Dry Prairie.

Governor Steve Bullock signed HB 169 into law this week, which would allow Montana communities to use their growth policy plans as a resource management tool when coordinating with a federal land management agency.

Hearings began on HB 2, the General Appropriations Act. Amendments and committee votes will begin Monday.

The House Local Government held a hearing on SB 77, a bill to increase the municipal competitive bidding limit on services and equipment from $50,000 to $80,000. Proponents included a variety of Montana mayors and the Montana Contractors Association. There were no opponents. The bill is expected to pass out of committee next week.

Bill Number: HB 8

Title: Renewable resource bonds and loans

Sponsor: Rob Cook (R) Conrad

Purpose: Approve renewable resource projects and authorize loans, reauthorize renewable resource projects, appropriate money to the Department of Natural Resource and Conservation for loans under the Renewable Resource Grant and Loan Program, authorize the issuance of coal severance tax bonds, authorize creation of a state debt and appropriate coal severance taxes for debt service.

Action: (S) Hearing – (S) Finance and Claims

Bill Number: HB 169

Title: Allow growth policy to be used for coordination

Sponsor: Kerry White (R) Bozeman

Purpose: Allow a local governing body to use or modify a growth policy for purposes of coordinating and cooperating with federal land management agencies.

Action: (S) Signed by Governor

Bill Number: HB 2

Title: General Appropriations Act

Sponsor: Duane Ankney (R) Colstrip

Purpose: Appropriate money to various state agencies for the biennium ending June 30, 2015.

Action: (H) Hearing — (H) Appropriations

Bill Number: SB 77

Title: Revise municipal contract competitive bidding law – no bid required up to $100,000

Sponsor: John Brenden (R) Scobey

Purpose: Raise the contract amount on certain municipal local government and school purchase contracts from $50,000 to $80,000.

Action: (H) Hearing – (H) Local Government

Montana Legislative Update March 1, 2013

klj — Fri, 01 Mar 2013 21:32:33 +0000

The 63rd Montana Legislature has reached the halfway mark and adjourned for transmittal break. The February 28 transmittal deadline marked the last chance to advance priority legislation which died in process if the legislation had not been transmitted to the other chamber. Flurries of bills received House or Senate approval and were transmitted to the opposite chamber to continue through the legislative process. Senator Christine Kaufmann’s (D-Helena) bill to eliminate Montana’s oil and gas tax holiday will be heard on Tuesday. The energy industry is adamantly opposed, as is the Montana Chamber of Commerce and the Billings Chamber of Commerce. Session will reconvene Monday, March 4.

Bills of particular interest to KLJ and/or KLJ’s clientele:

Transmitted to the Senate:

HB 256

HB 314

Transmitted to the House:

SB 19

SB 48

SB 96

SB 111

SB 180

SB 239

SB 288

SB 290

Montana Legislative Update – February 22, 2013

klj — Fri, 22 Feb 2013 18:32:33 +0000

Legislators worked feverishly this week to advance priority legislation to meet the looming February 28 transmittal deadline, at which time general bills will die in process if they have not been transmitted to the other chamber. February 28 also marks day 45, the midway point of Montana’s 90-day session.

On February 21, the House Business and Labor Committee tabled House Bill 490, Governor Steve Bullock’s “Jobs Bill”, with an 11-9 vote. The measure would have increased the mandatory hiring percentage of Montana workers on public-works projects in the state, requiring at least 75 percent of the laborers on state or local projects be Montana residents. The current requirement is 50 percent.

On February 20, the House Natural Resources Committee held a hearing on HB 547, a bill to require agency coordination during the permitting process of large-scale projects. Bill Sponsor Carl Glimm (R-Kila) said the bill would signal to industry that Montana is open for business. It would increase cooperation between state agencies by making Governor’s Office of Economic Development a “one stop permitting shop” for projects that satisfy two of the three requisite criteria: $100 million in investment, an environmental impact statement, or 120 new full time jobs. The committee could vote on the measure on February 22.

Bill Number: House Bill 490

Title: Increase of the mandatory percentage of Montana workers on state public-works projects

Sponsor: A. Curtis by request of the Governor

Purpose: A bill pertaining to the requirement of contractors on publicly financed projects to hire Montana workers.

Action: The House Business and Labor Committee tabled House Bill 490 Thursday February 21 with an 11-9 vote

Bill Number: HB 547

Title: Agency coordination of permits for large-scale projects

Sponsor: C. Glimm

Purpose: Large scale project permitting

Action: House Natural Resources Hearing held