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Montana bill would let entrepreneurs apply for garbage-hauler permits without prior hauling experience
Summary
House Bill 517 would clarify state code so people who 'intend to engage' in garbage hauling can apply for Public Service Commission Class D permits; sponsors say PSC review and protected territories remain unchanged, while industry groups warned the bill's title could be too broad.
Representative Brad Barker introduced House Bill 517 on the House Energy Committee floor as a targeted change to clarify who may apply for a Class D motor carrier certificate to haul garbage. Barker said Montana currently "essentially have[s] a monopoly system in Montana for our trash hauling services" and that the bill would allow entrepreneurs who "intend to engage" to apply for PSC permits without already being in the trash business.
Barker emphasized the bill does not alter the PSC's licensing process or the protected territories that existing haulers serve: "Nothing in this bill changes their requirement to serve all customers within their specific area," he said. He repeatedly told committee members he would accept narrowing edits to the bill title if that would reduce concerns about unintended uses.
EJ Redding, representing the Montana Solid Waste Contractors Association, opposed the bill and warned lawmakers about a broad title: "We've seen titles wide enough to drive 3 garbage trucks through side by side get hijacked" in past sessions. Redding said his association's principal concern is that a vague title could be amended later in the process to change the bill's scope.
Trevor Graff of the Public Service Commission described the PSC's "soft support," telling the committee the commission voted to back the bill provisionally while noting ambiguity about how broadly "intends to engage" could be read. Graff said applicants would still face PSC hearings to determine need and fitness and that the commission could apply asset or fitness tests to prevent cherry-picking of lucrative routes.
Small hauler Lance Johnson of L and L Site Services recounted his multi-year experience applying for and modifying permits, saying the PSC process is difficult but workable if applicants persist. Johnson described early limits to a construction-debris-only authorization, later expansions after legal challenge, and long-haul disposal because of landfill access: "I took a $10,000 loan against the house, and here I am," he said, describing the financial risk of entering the business.
Where it stands: the hearing closed without a committee vote. Barker offered to work with members on clarifying amendments to address concerns about the bill title and post-decision interpretations by the PSC. The committee moved on to other hearings and executive items.
