Montana 2023 Regular Session

Montana Senate Bill SB227

Introduced
1/26/23  
Refer
1/27/23  

Caption

Allow DEQ to pre-certify subdivision applicants

Impact

The passage of SB 227 would significantly influence state laws surrounding subdivision applications and environmental quality. By enabling certified applicants to handle reviews that were previously under the jurisdiction of local and state officials, the legislation could expedite the process of subdivision approvals. This shift could result in a more efficient system, allowing for quicker residential and commercial developments while attempting to maintain environmental compliance through required certifications. Furthermore, the bill removes certain local government review requirements, impacting the local control traditionally exercised in subdivision approval processes.

Summary

Senate Bill 227 is aimed at revising the laws related to environmental protection and subdivision review in Montana. The bill mandates the Department of Environmental Quality (DEQ) to develop a certification program for applicants who wish to review subdivision applications. This certification would include an educational curriculum and examination that applicants must complete in order to be authorized to assume legal responsibility for the review process. Additionally, the bill allows certified applicants to analyze subdivision applications without the limitations previously imposed on extensions or alterations of public water and sewer systems, thus streamlining the approval process for such developments.

Sentiment

The sentiment surrounding SB 227 is somewhat mixed, reflecting concerns about balancing development needs with environmental safeguards. Supporters argue that the bill will facilitate economic growth by speeding up the development process and reducing bureaucratic hurdles. However, there are apprehensions from some community members and local governance advocates who fear that the removal of some local review processes could diminish the ability to ensure adequate environmental protections tailored to local conditions. This tension highlights the ongoing debate over state versus local authority in managing environmental and developmental policies.

Contention

Notable points of contention within the discussions around SB 227 include the implications of allowing certified applicants to take over the review responsibilities traditionally held by state or local agencies. Critics argue that this could lead to a decrease in oversight, potentially compromising environmental standards as reviews might favor expedience over thorough environmental considerations. Furthermore, concerns were raised regarding the adequacy of the certification process and the qualifications required for applicants, as these aspects are crucial to ensure the integrity of environmental quality assurance in subdivision developments.

Companion Bills

No companion bills found.

Previously Filed As

MT HB364

Allow for independent subdivision reviews for past due applications

MT SB226

Allow for subdivision reviews by independent reviewing entities

MT SB285

Revise subdivision sanitation laws

MT HB148

Certified pollution control equipment; certification by subdivisions.

MT SB684

Certified pollution control equipment; certification by subdivisions.

MT SB170

Allow for administrative minor subdivision process

MT SB262

Exempt subdivision, water/sewer plans from environmental review

MT HB681

Revise subdivision regulation laws involving determination of water availability

MT HB211

Revise the local subdivision review process

MT HB1401

Description of political subdivisions.

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