Senate undoes Republican environmental bill from '01

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HELENA -- The state Senate on Monday narrowly endorsed a measure that would undo one piece of Republican-sponsored environmental legislation from 2001.

Senate Bill 281, sponsored by Sen. Carol Williams, D-Missoula, would give state agencies authority to require that companies address certain public health or fish and wildlife issues before they can receive a permit for a project such as a mine.

The bill "is a simple, common-sense law that gives agencies the tools they need to protect health and human safety," Williams said.

The issues would be identified through the process defined in the Montana Environmental Policy Act, which calls for an environmental study before an agency, such as the state Department of Environmental Quality, issues a permit for a project.

The measure would require that the agency provide written reasoning explaining how agency-imposed conditions would protect public health and safety, and fish and wildlife, and proving that the conditions are reasonable, economically feasible and achievable using current technology.

Republicans said the measure relegates lawmakers' responsibilities to a layer of bureaucracy that is not held accountable to the public. They chastised Democrats for trying to undo legislation that has shown developers that Montana is "open for business."

Under a 2001 law sponsored by former Rep. Cindy Younkin, R-Bozeman, environmental studies cannot be used to refuse or put conditions on a permit unless the project specifically violates an environmental law.

Undoing that would revert back to policies that log-jam development, said Sen. Joe Balyeat, R-Bozeman.

"This will simply not work because it is so subjective, people will be able to stop in its tracks any project out there in rural Montana ... for almost any reason," said Sen. Duane Grimes, R-Clancy.

Democrats argued the measure is sound environmental policy, allowing agencies to act on the issues that come up through studies identifying the likely impacts of projects. Without giving agencies that power, they said, Montana environmental policy lacks teeth.

"After we've gotten all this information as a result of this whole process, does it make sense that we say the agency not impose conditions?" said Senate Majority Leader Jon Ellingson, D-Missoula.

The changes that former Gov. Judy Martz signed into law haven't borne much fruit, said Sen. Ken Toole, D-Helena.

"This is how the act used to work," Toole said. "Worked fine before the changes. The promise of the changes was economic explosion in Montana, which we haven't seen."

The Senate endorsed the bill on a 26-24 preliminary vote. A final vote is expected Tuesday.

The bill is Senate Bill 281.

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