- 2025
69th Legislature 2025 HB 699
- 1 - Authorized Print Version – HB 703
ENROLLED BILL
AN ACT EXEMPTING CERTAIN AGENCIES AND DEPARTMENTS FROM AN ANALYSIS OF GREENHOUSE
GAS EMISSIONS FROM APPLIANCES, VEHICLES, AND ENGINES; AND PROVIDING RULEMAKING
AUTHORITY.
WHEREAS, the purpose of the Montana Environmental Policy Act (MEPA) is to ensure that
environmental attributes are fully considered by the Legislature in enacting laws to fulfill constitutional
obligations and that the public is informed of the anticipated impacts in Montana of potential state actions; and
WHEREAS, the U.S. Congress has enacted the Clean Air Act and other standards to establish national
regulations over greenhouse gas emissions and other energy related matters; and
WHEREAS, the federal Energy Policy and Conservation Act preempts state regulation of gas usage
related to covered appliances, as recently referenced in California Restaurant Association v. City of Berkeley,
89 F.4th 1094 (9th Cir. 2024); and
WHEREAS, the federal Clean Air Act preempts regulation of mobile sources by states under 42 U.S.C.
7543 and 42 U.S.C. 7507; and
WHEREAS, the federal Clean Air Act preempts state regulation of out-of-state greenhouse gases, as
recently referenced in City of New York v. Chevron Corp., 993 F.3d 81 (2d Cir. 2021).
THEREFORE, because the Legislature has no authority to enact laws related to these subjects and a
state cannot act contrary to these federal statutes, the purposes of MEPA cannot be fulfilled by analyzing
greenhouse gas emissions from these sources. Thus, it is appropriate to exclude these sources from MEPA
review.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. The department and local building departments - 2025
69th Legislature 2025 HB 699
- 2 - Authorized Print Version – HB 703
ENROLLED BILL
are exempt from the provisions of Title 75, chapter 1, parts 1 and 2, for an analysis of greenhouse gases from a
covered product or appliance, as defined by 42 U.S.C. 6292, for the adoption or enforcement of the state
building code or county, city, and town building codes.
Section 2. The department is not required to perform an
analysis of greenhouse gas emissions beyond the state's borders under the provisions of Title 75, chapters 1,
parts 1 and 2, from:
(1) any source not subject to state enforcement pursuant to 42 U.S.C. 7543(a) for a new motor
vehicle or a new motor vehicle engine and pursuant to 42 U.S.C. 7543(e)(1) for a new nonroad engine or
nonroad vehicle ; or
(2) beyond the state's borders.
Section 3. (1) [Section 1] is intended to be codified as an integral part of
Title 50, chapter 60, part 1, and the provisions of Title 50, chapter 60, part 1, apply to [section 1].
(2) [Section 2] is intended to be codified as an integral part of Title 75, chapter 2, part 1, and the
provisions of Title 75, chapter 2, part 1, apply to [section 2].
- END - I hereby certify that the within bill,
HB 703, originated in the House.
___________________________________________
Chief Clerk of the House
___________________________________________
Speaker of the House
Signed this _______________________________day
of____________________________________, 2025.
___________________________________________
President of the Senate
Signed this _______________________________day
of____________________________________, 2025. HOUSE BILL NO. 703
INTRODUCED BY C. SCHOMER, S. FITZPATRICK, B. MITCHELL
AN ACT EXEMPTING CERTAIN AGENCIES AND DEPARTMENTS FROM AN ANALYSIS OF GREENHOUSE
GAS EMISSIONS FROM APPLIANCES, VEHICLES, AND ENGINES; AND PROVIDING RULEMAKING
AUTHORITY.