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69th Legislature 2025 HB 736.1
- 1 - Authorized Print Version – HB 736
1 HOUSE BILL NO. 736
2 INTRODUCED BY S. FITZPATRICK
3
4 A BILL FOR AN ACT ENTITLED: “AN ACT PROVIDING FOR NUTRIENT POLLUTANT LOADING OFFSETS
5 FOR WATER QUALITY DISCHARGE PERMITS; PROVIDING RULEMAKING AUTHORITY; AND PROVIDING
6 AN IMMEDIATE EFFECTIVE DATE.”
7
8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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10 NEW SECTION. Section 1. (1) A point source discharger
11 permitted pursuant to this part may receive a nutrient pollutant loading offset to achieve waste load allocations
12 set by:
13 (a) a total maximum daily load requirement established pursuant to 75-5-703; or
14 (b) a numeric nutrient effluent limitation established pursuant to this part.
15 (2) If the actions in subsections (1)(a) and (1)(b) decrease the nutrient loading in a watershed, the
16 department may:
17 (a) issue or modify a discharge permit authorized pursuant to this part to allow discharges of
18 nutrients to a receiving water body; or
19 (b) authorize a reduction in nutrient loading from point and nonpoint pollution sources within the
20 same 12-digit hydrologic unit code subbasin as designated by the United States geological survey.
21 (3) A point source discharger permitted pursuant to this part may receive a nutrient pollutant
22 loading offset due to a reduction in nutrient loading from a point or nonpoint source pollution discharger either
23 up gradient or down gradient of the permitted point source discharger. The offset must be measured as not less
24 than:
25 (a) 100% of a reduction from point source pollution discharges;
26 (b) 80% of a reduction from an up-gradient, nonpoint source pollution discharge; or
27 (c) 50% of a reduction from a down-gradient, nonpoint source pollution discharge.
28 (4) The department shall establish statewide nutrient pollutant loading offset amounts for nonpoint ****
69th Legislature 2025 HB 736.1
- 2 - Authorized Print Version – HB 736
1 pollution sources, including offset amounts for:
2 (a) riparian fencing programs based on the number of acres fenced;
3 (b) riparian vegetation programs based on the number of acres vegetated;
4 (c) development of wetlands in areas of irrigation water return flows based on the number of acres
5 associated with the return flows;
6 (d) removal of septic systems based on the number and size of septic systems removed; or
7 (e) other projects submitted by an applicant that are supported by science and data modeling,
8 unless the amounts are contrary to existing empirical data.
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10 NEW SECTION. Section 2. To implement the provisions of [section 1],
11 the department shall amend:
12 (1) department circular DEQ-13, Montana's policy for nutrient trading, as adopted in December
13 2012; and
14 (2) ARM 17.30.1701.
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16 NEW SECTION. Section 3. [Section 1] is intended to be codified as an
17 integral part of Title 75, chapter 5, part 4, and the provisions of Title 75, chapter 5, part 4, apply to [section 1].
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19 NEW SECTION. Section 4. If a part of [this act] is invalid, all valid parts that are
20 severable from the invalid part remain in effect. If a part of [this act] is invalid in one or more of its applications,
21 the part remains in effect in all valid applications that are severable from the invalid applications.
22
23 NEW SECTION. Section 5. [This act] is effective on passage and approval.
24 - END -