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Lawmakers debate renaming ‘authorization to degrade’ and new ‘feasibility allowances’ for water quality
Summary
Bill would replace the statutory term 'authorization to degrade' with 'feasibility allowance' and revise nondegradation policy; proponents call it a terminology and alignment change while opponents say it shifts burden toward allowing pollution and removes cost-of-degradation safeguards.
The House Natural Resources Committee heard extensive testimony on House Bill 685, which would revise Montana's nondegradation policy by replacing the statutory phrase "authorization to degrade" with a new term, "feasibility allowance," and by changing related statutory language.
Sponsor Rep. Steve Fitzpatrick said the change was requested by DEQ and intended to reflect existing federal terminology and a process that includes public participation, monitoring and conditions. "This allowance is already used in both federal and state law," Fitzpatrick told the committee, saying the measure aims to make the statute's terminology more accurate and predictable for projects that seek an allowance.
Industry witnesses described the proposal as a modest, clarifying update. Matt Vincent of the Montana…
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