_____________ bill NO. _____________

INTRODUCED BY _________________________________________________

By Request of the Water Policy Interim Committee

A BILL FOR AN ACT ENTITLED: “AN ACT revising WEATHER MODIFICATION AND CONTROL laws; requiring the department of natural resources and conservation to conduct ENVIRONMENTAL REVIEW pursuant to the montana environmental policy act; REMOVING THE PERMITTING REQUIREMENT and switching the former preconditions to receiving a permit into preconditions to be granted a license; increasing the license renewal term; mandating a minimum amount of liability insurance coverage; providing rulemaking authority; AMENDING SECTIONS 85-3-101, 85-3-103, 85-3-201, 85-3-202, 85-3-203, 85-3-204, 85-3-208, 85-3-209, 85-3-210, 85-3-211, 85-3-213, 85-3-214, 85-3-301, AND 85-3-302, MCA; REPEALING SECTIONS 85-3-102, 85-3-206, 85-3-207, AND 85-3-212, MCA; And PROVIDING AN EFFECTIVE DATE.”

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

Section 1. Section 85-3-101, MCA, is amended to read:

"85-3-101. Definitions. Unless the context requires otherwise, in this chapter, the following definitions apply:

(1) "Department" means the department of natural resources and conservation provided for in Title 2, chapter 15, part 33.

(2) "Operation" means the performance of weather modification and control activities entered into for the purpose of producing or attempting to produce a certain modifying effect within one geographical area over one continuing time interval, not exceeding 1 year.

(3) "Research and development" means theoretical analysis, exploration, and experimentation and the extension of investigative findings and theories of a scientific and technical nature into practical application for experimental and demonstration purposes, including the experimental production and testing of models, devices, equipment, materials, and processes.

(4) "Weather modification and control" means changing or controlling or attempting to change or control, by artificial methods, the natural development of atmospheric cloud forms or precipitation forms that occur in the troposphere. The term includes but is not limited to cloud seeding."

Section 2. Section 85-3-103, MCA, is amended to read:

"85-3-103. Department powers. In addition to any other acts authorized by law, the department may:

(1) acquire materials, equipment, and facilities as are necessary to perform its duties under this chapter;

(2) receive any funds which may be offered or become available from federal grants or appropriations, private gifts, donations, bequests, or any other source and unless their use is restricted, expend the funds for the administration of this chapter;

(3) make such studies and investigations and obtain such information as the department may deem necessary in exercising its authority in the administration or enforcement of this chapter;

(4) cooperate with public or private agencies in the performance of the department's functions or duties and in furtherance of the purposes of this chapter;

(5) represent the state in any and all matters pertaining to plans, procedures, or negotiations for interstate compacts relating to weather modification and control;

(6) enter into cooperative agreements with the United States government or any of its agencies, with the various counties and cities of this state, or with any private entities or public agencies for conducting weather modification or cloud seeding operations and control;

(7) act for and represent the state and the counties, cities, and private entities or public agencies in contracting with private concerns for the performance of weather modifications or cloud seeding modification and control operations; and

(8) conduct and make arrangements, including contracts and agreements, for the conduct of research and development activities relating to:

(a) the identification and evaluation of meteorological, environmental, ecological, agricultural, economic, hydrological, and sociological impacts of weather modification and control in Montana;

(b) the theory and development of methods of weather modification and control, including processes, materials, and devices relating thereto;

(c) the utilization of weather modification and control for agricultural, industrial, commercial, recreational, and other purposes;

(d) the protection of life and property during research and operational activities."

Section 3. Section 85-3-201, MCA, is amended to read:

"85-3-201. License and permit required for weather modification and control. A person or entity may not engage in activities for weather modification and control except under and in accordance with a license and a permit issued by the department authorizing the activities."

Section 4. Section 85-3-202, MCA, is amended to read:

"85-3-202. Department to review applications. (1) The department shall review all applications for weather modification and control activities licenses. The department shall prepare a report and an environmental impact statement pursuant to Title 75, chapter 1, part 2. The report must contain information relative to all of the criteria applicable to issuance of a permit in 85-3-206. Prior to preparing the report, the department shall conduct at least one public meeting in the area affected by the proposed weather modification activity. The department's actual costs of conducting the public meeting, preparing the report, and preparing the environmental impact statement must be paid by the applicant.The department shall conduct an environmental analysis in accordance with Title 75, chapter 1, part 2, for a weather modification and control license pursuant to this chapter.

(2) The department may provide by rule for exempting from the license and permit requirements of this chapter:

(a) research, development, and experiments by state and federal agencies, institutions of higher learning, and bona fide nonprofit research organizations and their agents;

(b) laboratory research and experiments;

(d) activities normally engaged in for purposes other than those of inducing, increasing, decreasing, or preventing precipitation or hail."

Section 5. Section 85-3-203, MCA, is amended to read:

"85-3-203. Licenses -- application requirements and qualifications of licensees --rulemaking. (1) The department shall adopt rules setting forth the requirements and fee for a license to engage in activities for weather modification and control. The requirements established by rule must include but are not limited to the applicant providing evidence that the following criteria have been met:

(a) the applicant has published sufficient notice of intention in accordance with 85-3-208;

(b) the applicant has furnished proof of financial responsibility in accordance with 85-3-211;

(c) the individual responsible for operation is a weather modification operator or manager certified by the weather modification association and has demonstrated competence in the field of meteorology to the satisfaction of the department; and

(d) the weather modification and control activities to be conducted have been determined by the department to be for the general welfare and the public good. That determination must be based on a finding of whether the operation:

(i) is reasonably conceived to improve water quantity or quality, reduce loss from weather hazards, provide economic benefits for the people of Montana, or advance scientific knowledge;

(ii) is designed to include adequate safeguards to minimize or avoid possible damage to the public health, safety, and welfare and to the environment; and

(iii) will adversely affect another operation for which a license has been issued.

(2) The department shall adopt license modification and suspension guidelines and requirements by rule.must be issued, in accordance with procedures and subject to conditions the department may by rule establish to effectuate the provisions of this chapter, to applicants who demonstrate competence in the field of meteorology to the satisfaction of the department.

(3) If the applicant is an organization, these requirements must be met by the individual who will be in charge of the operation for the applicant."

Section 6. Section 85-3-204, MCA, is amended to read:

"85-3-204. Licenses -- term and renewal. The license shall must initially be issued for a period to expire at the end of the calendar year in which it is issued and, ifof 1 year. If at the end of a license period the licensee possesses the qualifications necessary for the issuance of a new license, shall upon application be renewed at the expiration of the periodmeets the requirements developed by department rule in 85-3-203, the department shall, upon application by the licensee, renew the license. After the initial license period, the department may renew a license for up to 5 years at a time with an annual review."

Section 7. Section 85-3-208, MCA, is amended to read:

"85-3-208. Notice of intention to conduct weather modification and control activities to apply for permit. Before undertaking any weather modification and control activities, the applicant for a permit license shall file with the department a notice of intention."

Section 8. Section 85-3-209, MCA, is amended to read:

"85-3-209. Notice of intention -- contents. The notice of intention shall set forth at least the following:

(1) the name and address of the applicant;

(2) the nature, purpose, and objective of the intended operation and the person or organization on whose behalf it is to be conducted;

(3) the area in which and the approximate time of year during which the operation will be conducted;

(4) the area which is intended to be affected by the operation; and

(5) the materials and methods to be used in conducting the operation."

Section 9. Section 85-3-210, MCA, is amended to read:

"85-3-210. Publication of notice of intention. (1) The department shall have the notice of intention, or that portion thereof including the items specified in 85-3-209, published An applicant for a license must publish notice of intention to conduct weather modification and control activities at least once a week for 2 consecutive weeks in a newspaper having a general circulation and published within any county in which the operation is to be conducted and in which the affected area is located, or if the operation is to be conducted in more than one county or if the affected area is located in more than one county or is located in a county other than the one in which the operation is to be conducted, then in newspapers having a general circulation and published within each of the counties.

(2) The applicant shall reimburse the department for the costs of publication of the notice of intention The notice of intention must include the details provided in 85-3-209."

Section 10. Section 85-3-211, MCA, is amended to read:

"85-3-211. Proof of financial responsibility by applicant -- liability insurance. Proof of financial responsibility may be furnished by an applicant by showing, to the satisfaction of the department, the applicant's ability to respond in damages for liability that might reasonably be attached to or result from the applicant's weather modification and control activitiesThe department may not issue a license unless the applicant furnishes proof of liability insurance coverage in the amount of $100,000 insuring the applicant against legal liability for damages resulting from negligence in carrying out weather modification and control activities."

Section 11. Section 85-3-213, MCA, is amended to read:

"85-3-213. State special revenue fund. All license and permit fees and fines collected under this chapter, other than those collected in a justice's court, shall must be deposited in the state special revenue fund for appropriation by the legislature and for use by the department in the administration of this chapter or as appropriated by the legislature."

Section 12. Section 85-3-214, MCA, is amended to read:

"85-3-214. Termination of licenses and permits. After notice to the licensee and a reasonable opportunity for a hearing, the department may modify, suspend, revoke, or refuse to renew any license or permit issued if it appears that the licensee no longer possesses the qualifications necessary, if it appears that the licensee has violated any of the provisions of this chapter, or, in the case of a modification, if it appears that it is necessary for the protection of the health or the property of any person."

Section 13. Section 85-3-301, MCA, is amended to read:

"85-3-301. Records of operations maintained by licensees. A licensee shall keep and maintain a record of all operations conducted by the licensee under the license and each permit, showing for a term of 10 years. The records must show:

(1) the method employed;

(2) type of equipment used;

(3) kinds and amounts of material used;

(4) times and places of operation of the equipment;

(5) names and addresses of all individuals participating or assisting in the operation; and

(6) any other general information that the department may require."

Section 14. Section 85-3-302, MCA, is amended to read:

"85-3-302. Reports of operations -- rulemaking. The department shall require written reports, in a manner as it provides, of each operation for which a permit is issued. The department shall also require reports from any organization that is exempt from license and permit requirements as provided in 85-3-202 adopt rules requiring written reports for each weather modification or control activity that is conducted by a licensee."

NEW SECTION. Section 15. Repealer. The following sections of the Montana Code Annotated are repealed:

85-3-102. Standards for research in weather modification control.

85-3-206. Permits -- requirements and hearing.

85-3-207. Separate permit for each operation.

85-3-212. Permit fee.

NEW SECTION. Section 16. Effective date. [This act] is effective October 1, 2021.