House bill 466 would codify categorical exclusions under Montanas MEPA; supporters call it clarity, opponents warn of transferred discretion

Representative John Fitzpatrick opened the hearing on House Bill 466, a measure to codify a definition of categorical exclusions under Montanas Environmental Policy Act (MEPA), adopt federal categorical exclusions where appropriate, and provide a process for agencies to identify actions that do not require environmental analyses.

Fitzpatrick said the bill responds to a DEQ MEPA work-group recommendation to clarify statutory terms that have caused uncertainty and increased litigation. He described three central features: directing state agencies to identify actions that meet a categorical-exclusion definition; adopting federal categorical exclusions to avoid "starting from scratch"; and creating a rebuttable presumption that a categorical exclusion applies unless extraordinary circumstances exist. Fitzpatrick highlighted two targeted exemptions in the bill: Section 3 would exempt specified Department of Administration building and renovation activities on state-owned land that are undertaken through the procurement statute; Section 4…