2007 Montana Legislature

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SENATE BILL NO. 111

INTRODUCED BY L. LARSON

BY REQUEST OF THE ENVIRONMENTAL QUALITY COUNCIL

 

A BILL FOR AN ACT ENTITLED: "AN ACT EXEMPTING DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION FIRE SUPPRESSION ACTIVITIES FROM REVIEW UNDER THE MONTANA ENVIRONMENTAL POLICY ACT; AMENDING SECTION 75-1-104, MCA; AND PROVIDING AN EFFECTIVE DATE."

 

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

 

     NEW SECTION.  Section 1.  Department exempt from Montana Environmental Policy Act review when suppressing fire. (1) The department is exempt from the provisions of Title 75, chapter 1, parts 1 and 2, when engaging in fire suppression pursuant to part 2 and this part.

     (2) For the purposes of this section, "fire suppression" means work and activities connected with control and fire-extinguishing operations, beginning with discovery of the fire and continuing until the fire is completely extinguished.

 

     Section 2.  Section 75-1-104, MCA, is amended to read:

     "75-1-104.  Specific statutory obligations unimpaired -- exemption from act. (1) Sections 75-1-103 and 75-1-201 do not affect the specific statutory obligations of any agency of the state to:

     (1)(a)  comply with criteria or standards of environmental quality;

     (2)(b)  coordinate or consult with any local government, other state agency, or federal agency; or

     (3)(c)  act or refrain from acting contingent upon the recommendations or certification of any other state or federal agency.

     (2) The provisions of part 2 and this part do not apply to the department of natural resources and conservation when the department is engaging in fire suppression, as provided in [section 1]."

 

     NEW SECTION.  Section 3.  Codification instruction. [Section 1] is intended to be codified as an integral part of Title 76, chapter 13, part 1, and the provisions of Title 76, chapter 13, part 1, apply to [section 1].

 

     NEW SECTION.  Section 4.  Effective date. [This act] is effective June 1, 2007.

- END -

 


Latest Version of SB 111 (SB0111.01)
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