Montana 2023 Regular Session

Montana Senate Bill SB466

Introduced
2/22/23  

Caption

Declare authority over intrastate coal

Impact

The bill reinforces the state's rights as granted under the 9th and 10th Amendments to the Constitution, asserting that certain regulatory powers cannot be preempted by federal authorities, particularly in relation to coal mining. Furthermore, it stipulates that state regulations concerning environmental impacts have not been proven to cause harm beyond state lines. Thus, SB 466 aims to centralize authority in state hands, potentially reducing federal intervention in local coal mining operations, while emphasizing compliance with state-specific regulations.

Summary

Senate Bill 466 aims to define and assert the authority of the state of Montana over coal mining and coal products within its borders. The bill establishes that the Department of Environmental Quality is primarily responsible for the environmental regulation of coal mining activities in Montana when the products are consumed or remain within state boundaries. This legislation seeks to ensure that operations adhere to both state and federal laws, through permitting processes related to water and air quality, mining reclamation, and safety requirements of the Montana Coal Mining Code.

Contention

Throughout discussions surrounding SB 466, there were notable points of contention regarding the implications of limiting federal oversight of coal mining practices. Advocates for the bill argue that it protects local industries and respects state rights against federal overreach. Conversely, opponents warn that reducing federal regulatory oversight may pose environmental and public health risks, larger implications on interstate commerce conditions, and could undermine nationwide environmental protections. The debate surrounding the bill highlights a broader conversation about the balance of authority between state and federal governments in regulating natural resources.

Companion Bills

No companion bills found.

Previously Filed As

MT HB2199

Creating the Intrastate Coal and Use Act

MT HB2275

Creating the Intrastate Coal and Use Act

MT SB438

Creating WV Intrastate Energy Use Act

MT SB349

Declare authority over existing fossil-fuel fired electric generating units

MT HB656

Revise changes to coal mining operations

MT SB89

AN ACT relating to environmental protection and declaring an emergency.

MT HB576

Revise laws related to water and coal mining

MT SB39

Revise permitting for incinerators

MT SB55

Join Interstate Mining Compact Commission

MT SB510

Provide property tax incentives for alternative fuel production

Similar Bills

No similar bills found.