75-8-201. Study of economic impacts of cost disallowances
75-8-201. (Temporary) Study of economic impacts of cost disallowances. (1) The Montana bureau of business and economic research at the university of Montana shall study the economic impact of disallowances for replacement power costs made by the public service commission with respect to any coal-fired electric generation facilities located in the state. (2) The study shall: (a) determine […]
75-8-108. Remediation plan — appeal — venue
75-8-108. Remediation plan — appeal — venue. (1) (a) Subject to subsection (1)(b), an owner or any person whose interests are or may be materially adversely affected by a final decision of the department to approve or modify a remediation plan under this part may file for judicial review of the department’s decision. The request for judicial […]
75-8-109. Enforcement of plan — penalty
75-8-109. Enforcement of plan — penalty. (1) If the department finds that an owner has failed to file a plan or implement an approved plan, it may serve written notice of the violation, by certified mail, on the owner. The notice must specify the provisions of this part and the facts alleged to constitute a violation. […]
75-8-110. Water feasibility study
75-8-110. Water feasibility study. (1) On or before November 1, 2022, the owners of a coal-fired generating unit shall complete a water feasibility study in accordance with subsection (2). Costs of completing the study must be shared among the owners based on each owner’s individual ownership interest in the coal-fired generating unit. (2) The study required in […]
75-8-101. Short title
75-8-101. Short title. This part may be cited as the “Coal-Fired Generating Unit Remediation Act”. History: En. Sec. 1, Ch. 320, L. 2017.
75-8-102. Findings — intent
75-8-102. Findings — intent. (1) The legislature, mindful of its constitutional obligations under Article II, section 3, and Article IX of the Montana constitution, has enacted the Coal-Fired Generating Unit Remediation Act. (2) It is the legislature’s intent that the requirements of this part ensure that appropriate remedies are in place when a coal-fired generating unit is […]
75-8-103. Definitions
75-8-103. Definitions. As used in this part, the following definitions apply: (1) (a) ”Affected property” means the property owned by or under the control of an owner that is affected by a coal-fired generating unit, including: (i) land, surface water, or ground water directly affected by the coal-fired generating unit, associated impoundments, disposal and waste operations, buildings, structures, or […]
75-8-104. Integration — construction in event of conflict
75-8-104. Integration — construction in event of conflict. (1) To avoid unnecessary duplication, the department shall integrate the provisions of this part with applicable legal obligations. (2) If this part or any action taken by the department in accordance with this part conflicts with applicable legal obligations, the applicable legal obligations supersede the provisions of this part. […]
75-8-105. Remediation plan
75-8-105. Remediation plan. (1) No later than 3 months after a coal-fired generating unit is retired and no earlier than 5 years prior to a coal-fired generating unit’s planned retirement, an owner shall submit a proposed remediation plan that contains: (a) the name of the operator of the coal-fired generating unit and the names and addresses of […]
75-8-106. Approval of plan — time limits — contents and expiration
75-8-106. Approval of plan — time limits — contents and expiration. (1) (a) The department shall review for completeness a remediation plan and provide a written completeness notice to an owner within 60 days of receipt of the remediation plan and within 30 days of receipt of responses to notices of deficiencies. The initial completeness notice must […]