Appropriations committee makes greenhouse-gas reporting duties contingent on FY2027 funding

The House Appropriations Committee on March 19 amended H740, a bill that would create a greenhouse-gas inventory and reporting registry, to remove funding and make both rulemaking and the creation of a reporting database contingent on a fiscal year 2027 appropriation.

Legislative Council described draft 1.1, saying it strikes the funding in section three and adds contingency language to section two so the Secretary of Natural Resources must adopt final rules "on or before July 1, 2027" only if funds are appropriated for the purpose. The staff also said the duty to create a database for reporting is made contingent on appropriation.

A committee member asked whether the Agency of Natural Resources (ANR) already has rulemaking authority. Legislative Council and members acknowledged ANR has existing rulemaking powers in air quality but said the bill provides specific statutory authority about the content of the rule (type, volumes, and location of emissions) and cited an internal citation in committee: "10 BSA 582E2." Wayne, a member of the committee, noted agencies sometimes prefer clear statutory direction for sensitive legal topics.

After discussion, the committee approved amendment 1.1 and then the bill as amended; the action removes dedicated funding in the committee's version and makes implementation contingent on a future FY2027 appropriation. The bill will next go to the full House floor where members or budget writers could restore funding or modify the contingency language.

Unresolved in the committee record are the expected costs to develop the reporting database and whether the Treasurer or another agency would be assigned data-collection duties if funding is provided.