Michelle Sullivan: House Bill 368 needs rewriting to protect Colstrip water funding

Michelle Sullivan told the council that House Bill 368 from the last legislative session originally aimed to direct part of the coal tax settlement toward Colstrip's water system but "it was a totally different bill when it came back out," and the version that passed committee did not match initial expectations.

Sullivan said the bill raised constitutional concerns because it risked being "special legislation" by singling out a community; she recommended rewriting the measure so it describes affected coal communities and the water-dependence criteria without naming a specific town. "There's some issues with the bill," Sullivan said, and she urged careful drafting so the measure "would survive and pass the challenge." The mayor said the funds already set aside are “not at risk” while the language gets fixed and that further formal presentations will follow after additional work with the Montana League of Cities and Towns.

The council discussion noted the bill was vetoed by the governor in its prior form and that Representative Perry and the governor's office have been involved in conversations. Council members said they expect staff and legislators to refine definitions, codification, and the process for handling the money before the next legislative session. The council did not take a vote on a local position during the meeting; members said they will continue to monitor drafting and provide input.