Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Environment Air Quality topic
No spam. Unsubscribe anytime.
House approves bill limiting state and local ability to set air standards stricter than federal rules
Summary
Lawmakers approved House Bill 291, which narrows the Montana Department of Environmental Quality's ability to adopt air quality standards more stringent than federal requirements; the bill passed after an amendment that the sponsor said preserves some local anticipatory action.
Representative Oblander introduced House Bill 291, which would limit the Department of Environmental Quality (DEQ) and local air pollution control programs from adopting air quality standards more stringent than federal requirements in most circumstances. Oblander told the House the bill "restores legislative authority to determine when something stricter is needed."
The sponsor described the bill as clarifying and creating consistency; he said current practice allows state agencies to adopt stricter standards only under specific circumstances and that the bill would return that authority to elected lawmakers.
Opponents included public health and medical groups. Representative Edwards listed organizations opposing the bill, including the American Academy of Pediatrics, the Montana Public Health Association and the American Lung Association, and said the bill "restricts Montana's ability to determine what's needed to protect the people of this state" and would limit local decision-making to protect children with asthma and other vulnerable residents.
Supporters, including Majority Leader Fitzpatrick, said the legislature is responsible for setting public-policy standards and that the bill puts the decision-making with elected representatives. Representative Marler and Representative Carter supported a floor amendment that clarified language allowing local programs to act to "prevent nonattainment" as approved by the department; that amendment passed 99-1. The final second-reading vote on the bill was 60 in favor, 40 opposed; the clerk recorded that "House Bill 291 has passed second reading."
Why it matters: HB 291 changes the balance of authority between the legislature, DEQ and local air programs over when Montana may adopt limits that are stricter than the federal Clean Air Act. Supporters framed the measure as restoring legislative oversight; opponents said it could reduce the state's ability to protect public health in places with particular local air-quality concerns such as valley inversions.
