By Nick Fitzmaurice
Photo by Bradley Wyss.
This legislative session started with hundreds of energy-related bill draft requests. MEIC has kept a close watch and engaged exhaustively as many of these bills were introduced and moved through the legislative process. We’ve seen many bills stopped, while many more await further action in the second half. But nothing is ever fully dead until sine die.
Here’s a roundup of where the good and the bad energy bills lie as of legislative transmittal. (SJ and HJ bills discussed below are either joint resolutions or study bills, which don’t face transmittal deadlines until April 4 or April 28, respectively.)
Renewable Energy
There have been a number of bills introduced to inhibit renewable energy development. HB 389 (Rep. Brandon Ler, R-Savage), SB 283 (Sen. Bob Phalen, R-Lindsay), and SB 505 (Sen. Bob Phalen, R-Lindsay) would have prevented or severely limited wind energy development based on prohibitive property boundary setback requirements, restrictive height limitations, and outright prohibition of development through zoning respectively. All three bills were tabled in committee. SB 160 (Sen. Bob Phalen, R-Lindsay) would have prohibitively increased decommissioning bonding requirements for wind and solar energy development. This bill was tabled, while certain beneficial and reasonable elements of decommissioning assurance were amended into HB 31 (Rep. Neil Duram, R-Eureka), a bill clarifying existing wind and solar bonding requirements. Many private citizens and industry representatives also testified to help preserve wind and solar energy.
A number of bills have sought to promote renewable energy development. Two beneficial renewable energy bills passed the first chamber with broad support. HB 760 (Rep. George Nikolakakos, R-Great Falls) establishes basic consumer protections for residential solar, prohibiting solar companies and sales agents from using any deceptive tactics and establishing customers’ right to cancel signed contracts within three business days. SB 188 (Sen. Chris Pope, D-Bozeman), the Montana Solar Shares Act, enables households and businesses to subscribe to shares in a community solar generation project and receive a monthly credit on power bills equal to their share of energy generated. This would open the benefits of solar to households and businesses who otherwise face barriers to investing in their own solar array.
HJ 16 (Rep. George Nikolakakos, R-Great Falls) laid out the economic argument for renewable energy in Montana and expressed legislative support for responsible development. This resolution was tabled in committee but could be resurrected. Also tabled were HB 811 (Rep. Jamie Isaly, D-Bozeman) and HB 670 (Rep. Jill Cohenour, D-East Helena) which would have increased the net metering cap from 50 KW to 100 KW and would have required that year-end net metering credits be transferred to low-income energy assistance programs rather than forfeited to the utility.
Transmission
MEIC has also been working on a number of positive bills related to electric transmission development. HJ 15 (Rep. Greg Kmetz, R-Miles City) is a resolution describing the need for additional electric transmission capacity in Montana and the region to ensure affordable and reliable electricity service in the state. SJ 12 (Sen. Gregg Hunter, R-Glasgow) is a study resolution that would task an interim legislative committee to specifically explore the economic damages incurred by current congestion in Montana’s interstate transmission lines. Both of these resolutions passed third reading and are heading to the other chamber. SB 355 (Sen. Wylie Galt, R-Martinsdale) passed the Senate and would repeal Montana Dakota Utilities’ right of first refusal for electric transmission infrastructure. Finally, SB 301 (Sen. Daniel Zolnikov, R-Billings) started out as a really bad bill from NorthWestern Energy that would introduce tremendous confusion into the transmission development process while leaving customers on the hook for any excessive and unnecessary utility investments into transmission. MEIC secured extensive amendments to address our concerns.
Utility Planning & Regulation
HB 55 (Rep. Gary Parry, R-Colstrip) came from a special legislative interim committee, but it included a long list of problems, largely related to public participation and transparency in NorthWestern Energy’s Integrated Resource Planning (IRP) process. MEIC worked with the sponsor to secure many amendments to this bill in the House, which addressed nearly every public participation and transparency concern. MEIC now seeks a final set of amendments in the Senate. MEIC also worked to secure essential amendments on HB 490 (Rep. Amy Regier, R-Kalispell), NorthWestern Energy’s wildfire liability bill. While the original bill would have shielded the utility from almost all liability associated with igniting a wildfire, the bill that passed the House would require that NorthWestern develop and follow an approved wildfire mitigation plan.
A number of other bills were tabled before making it out of their first chamber. HB 326 (Rep. Gary Parry, R-Colstrip) would have lowered the severance tax on coal extraction while establishing a punitive 10% “energy severance tax” for all non-coal energy generation (wind and solar). HB 314 (Rep. Gary Parry, R-Colstrip) would have established a Montana Energy Authority to coordinate energy and transmission development throughout the state, a beneficial concept but also expensive and prone to influence by fossil fuel and nuclear industry interests. HB 363 (Rep. Larry Brewster, R-Billings) would have changed the Public Service Commission selection process, maintaining two elected commissioners based on Montana’s federal congressional districts, while changing the remaining three positions to Governor appointments and establishing basic professional experience requirements. A trio of accountability bills were unfortunately tabled: SB 294 (Sen. Andrea Olsen, D-Missoula) would have required utilities to develop plans for 100% renewable energy, SB 406 (Sen. Chris Pope, D-Bozeman) would have established annual energy conservation requirements for utilities, and SB 445 (Sen. Chris Pope, D-Bozeman) would have required increased utility transparency, including a requirement for utilities to maintain a public-facing dashboard showing real-time energy generation and costs for each generation asset in a utility’s portfolio.
Electric Vehicles & Public Transportation
MEIC has been working on a number of bills related to electric vehicles (EVs) and public transportation. HJ 8 (Rep. Becky Edwards, D-Bozeman) would establish an interim study to look at current fee and taxation structures for electric vehicles, examining how EV owners may be overpaying for road infrastructure compared to gas vehicle owners. The resolution passed committee and awaits second reading in the House. HJ 12 (Rep. Randyn Gregg, R-White Sulphur Springs), a bad resolution fraught with misinformation about EVs, also awaits second reading in the House. HB 550 (Rep. Randyn Gregg, R-White Sulphur Springs) was thankfully tabled in committee, as it was filled with misinformation about EVs that would have allowed car dealerships to refuse to accept and sell EVs from manufacturers. SB 228 (Sen. Denley Loge, R-Saint Regis) started out as a cleanup bill for his 2023 EV bills (HB 55 and HB 60). Unfortunately, the bill was amended in committee to eliminate a 30% registration fee reduction that was supposed to go into effect in 2028 to address the double taxation. As of this writing, it is due to be heard shortly in the House.
SJ 19 (Sen. Andrea Olsen, D-Missoula) swas heard in the Senate right after transmittal. It would create an interim study on improving public transportation in Montana. HB 764 (Rep. Brian Close, D-Bozeman) would make it easier to create or expand urban transportation districts on the initiative of a local Commissioner, and it has passed the House.
Oil & Gas Development
MEIC had a mighty fight with SB 81 (Sen. Josh Kassmier R-Fort Benton), a harmful bill that would have allowed for the leasing of state-owned public lands for harmful enhanced oil recovery using CO2 injection. After being tabled in committee, blasted to the floor, rejected on second reading, postponed indefinitely, reconsidered, and passed on second reading, MEIC and several key partners helped sway enough votes to kill SB 81 on third reading. MEIC will be on the lookout for this concept resurfacing under a new name in the second half. HB 122 (Rep. Larry Brewster, R-Billings) would give utilities default public right-of-way access for gas pipeline development and has passed the House.
Environmental Regulation of Our Energy System
Pushing for environmental protections in the energy system remains an uphill battle. HB 660 (Rep. Debo Powers, D-Whitefish) would have required the Department of Environmental Quality to develop rules to limit greenhouse gas emissions to protect public health, safety, and welfare and the environment, but this bill was unfortunately tabled. Conversely, HB 630 (Rep. Curtis Schomer, R-Billings) would have required legislative approval for any agency rule concerning greenhouse gas emissions, but it was thankfully tabled. HJ 17 (Rep. Steve Fitzpatrick, R-Great Falls) passed second reading on party line. While just a resolution, this terrible piece of legislation calls for an end to effectively all federal environmental rules and regulations pertaining to our energy system.
This article was published in the March 2025 issue of Down To Earth.
