SENATE BILL NO. 376

INTRODUCED BY B. MCCARTHY

A BILL FOR AN ACT ENTITLED: "AN ACT ESTABLISHING A RESIDENT NATURAL RESOURCE DAMAGE RECLAMATION CONTRACTOR PREFERENCE; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

NEW SECTION. Section 1. Definitions. As used in [sections 1 and 2], the following definitions apply:

(1) "Natural resource damage contractor" is a person who provides natural resource damage services.

(2) "Natural resource damage services" means consulting, designing, engineering, construction, investigating, purchasing, and any other services designed to remediate, reclaim, restore, replace, or generally improve areas that a court decision or settlement designates as sustaining natural resource damage.

NEW SECTION. Section 2. Montana natural resource damage contractor preference. (1) In addition to the preferences established in Title 18, chapters 1, 2, and 5, a public agency shall award a public contract for natural resource damage services to the lowest responsible bidder without regard to residency, except as provided in subsections (2) and (3).

(2) In addition to subsection (3), if a bid is made by a resident natural resource damage contractor for natural resource damage services and if the natural resource damage services are comparable in quality and performance, the public contract must be awarded to the lowest responsible resident bidder whose bid is not more than 7% higher than that of the lowest responsible nonresident bidder.

(3) (a) A public contract for natural resource damage services may be awarded only to a bidder with documented knowledge of the area and contract for natural resource damage services experience within a 100-mile radius of the natural resources damaged as designated by a court decision or settlement.

(b) A public agency may not enter into a contract for natural resource damage services with a bidder whose operations are not headquartered in the United States, unless:

(i) the foreign country in which the bidder is headquartered affords companies based in the United States open, fair, and nondiscriminatory access to bidding on natural resource damage services located in the foreign country; and

(ii) the public agency has entered into a reciprocity agreement with the foreign country that addresses:

(A) the equal and fair treatment of bids originating in the United States and in the foreign country;

(B) specific ownership requirements or tax policies in the United Stated and in the foreign country that may result in the unequal treatment of all bids received, regardless of their origin;

(C) the means by which natural resource damage contractors from both the United States and the foreign country are notified of natural resource damage services contracts available for bid; and

(D) any other differences in public policy or procedure that may result in the unequal treatment of bids originating in the United States or in the foreign country for projects located in either the United States or the foreign country.

NEW SECTION. Section 3. Codification instruction. [Sections 1 and 2] are intended to be codified as an integral part of Title 18, chapter 5, and the provisions of Title 18, chapter 5, apply to [sections 1 and 2].

NEW SECTION. Section 4. Effective date. [This act] is effective on passage and approval.

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