SENATE JOINT RESOLUTION NO. 17

INTRODUCED BY D. ECK

A JOINT RESOLUTION OF THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE STATE OF MONTANA REQUESTING THAT THE ENVIRONMENTAL QUALITY COUNCIL STUDY IMPLEMENTATION OF THE SANITATION IN SUBDIVISIONS STATUTES AND REQUIRING THE COUNCIL TO REPORT TO THE GOVERNOR AND THE 57TH LEGISLATURE ON THE COUNCIL'S RECOMMENDATIONS.

WHEREAS, the rules adopted by the Department of Environmental Quality pursuant to section 76-4-104, MCA, are outdated; and

WHEREAS, the Department of Environmental Quality has initiated an effort to revise the rules with the advice of a task force; and

WHEREAS, Title 76, chapter 4, MCA, commonly known as the Sanitation in Subdivisions Act, and rules adopted pursuant to that Act do not adequately address the cumulative effects of subdivisions; and

WHEREAS, the number of staff assigned to administer the provisions of Title 76, chapter 4, MCA, at the Department of Environmental Quality has historically been inadequate; and

WHEREAS, many local governments have personnel with the qualifications necessary to review subdivisions under Title 76, chapter 4, MCA, taking into consideration the cumulative effects of subdivisions.

NOW, THEREFORE, BE IT RESOLVED BY THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE STATE OF MONTANA:

That the Environmental Quality Council study:

(1) progress made by the Department of Environmental Quality in revising the rules adopted pursuant to section 76-4-104, MCA;

(2) options for addressing the cumulative effects of subdivisions through rules or proposed legislation;

(3) options for providing for expanded review of subdivisions by local boards of health; and

(4) other issues related to implementation of Title 76, chapter 4, MCA.

BE IT FURTHER RESOLVED, that the Environmental Quality Council seek assistance from the Department of Environmental Quality, representatives of local boards of health and other local government entities, participants in the Department of Environmental Quality's subdivision task force, and other interested parties.

BE IT FURTHER RESOLVED, that the Department of Environmental Quality report to the Environmental Quality Council at least quarterly on the progress made by the Department with respect to revision of the rules adopted pursuant to section 76-4-104, MCA.

BE IT FURTHER RESOLVED, that the Environmental Quality Council report to the Governor and the 57th Legislature, as provided in section 5-11-210, MCA, on its recommendations, including recommendations for legislation if appropriate.

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