AMESTOY CONSULTING, LLC
2007 LEGISLATIVE SESSION
WEEK ELEVEN
(March 11, 2007 – March 17, 2007)
During Week Eleven of the
2007 Legislative Session, I provided testimony on the following proposed
legislation:
HB 269: "AN ACT REVISING LAWS
RELATING TO WEEDS; REMOVING THE REQUIREMENT THAT AN OWNER SELLING PROPERTY
PROVIDE NOTICE THAT THERE IS THE POTENTIAL EXISTENCE OF NOXIOUS WEEDS;
PROVIDING THAT A COUNTY WEED BOARD MAY ESTABLISH EMBARGOES; CLARIFYING STATUTES
REGARDING THE CREATION OF A NOXIOUS WEED FUND IN EACH COUNTY; REMOVING THE
REQUIREMENT THAT AN INTEGRATED NOXIOUS WEED MANAGEMENT PLAN WITH STATE AGENCIES
BE FOR 6 YEARS; REMOVING THE REDUNDANT STATUTE REGARDING RESPONSIBILITY FOR
ASSESSMENTS AND TAXES FOR THE WEED DISTRICT; PROVIDING A TRANSFER OF FUNDS;
AMENDING SECTIONS 7-22-2116, 7-22-2126, 7-22-2142, AND 7-22-2151, MCA; AND
REPEALING SECTIONS 7-22-2149 AND 77-6-114, MCA; AND PROVIDING EFFECTIVE
DATES."
This proposed legislation
provided for some clarifications to eliminate redundancies in the above
outlined sections of the statute. In
addition, the Noxious Week Trust Fund would be increased by $5 million of
General Funds bringing the total amount of the Trust Fund to $10 million. I supported this proposed legislation.
SB 541: "AN ACT AUTHORIZING
THE
This
proposed legislation would allow funds from the Montana Facility Finance
Authority to be used for FOR-PROFIT organizations as well as Non-Profit
Organizations. If these funds were used to finance FOR-PROFIT Organizations
these organizations would be taxed at the appropriate rate.
The
passage of this proposed legislation would provide another funding source for For- Profit businesses to utilize. I provided testimony in support of this
proposed legislation.
HB 304: "AN ACT CREATING THE
WATER POLICY INTERIM COMMITTEE; PROVIDING FOR AGENCY OVERSIGHT RESEARCH AND
STUDY ON WATER-RELATED ISSUES FOR CERTAIN AGENCIES; REQUIRING THAT CERTAIN
WATER RIGHT REPORTS AND UPDATES BE PROVIDED TO THE WATER POLICY INTERIM
COMMITTEE; PROVIDING AN APPROPRIATION; AMENDING SECTIONS SECTION 5-5-202,
75-1-324, 85-1-203, 85-1-621, 85-2-105, 85-2-281, 85-2-350, AND 85-2-436, MCA;
AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND A TERMINATION DATE."
This proposed legislation
would authorize the formation of an Interim Committee to study the following
water issues: “The water policy interim committee shall conduct a detailed
analysis and study of issues related to water quantity, water quality, and
water use in Montana. The study must include the following issues at a minimum:
(a) Surface water and ground water in closed basins
and mitigation, augmentation, or aquifer recharge, including:
(i) Review and summary of
current
(ii) Analysis of other states' laws and rules related
to mitigation, augmentation, or aquifer recharge and the other states'
experiences with applying and using mitigation, augmentation, and aquifer
recharge;
(iii) Comparison of mitigation, augmentation, and
aquifer recharge options and alternatives for applying the concepts in
(iv) Analysis and determination of water quality
testing requirements to ensure that the use of mitigation, augmentation, or
aquifer recharge does not adversely affect ground water quality;
(v) Analysis of data developed to determine the type
and amount of research, data, and analysis necessary to develop a
scientifically defensible hydrogeologic assessment to
be used in making informed decisions with regard to mitigation, augmentation,
or aquifer recharge activity in Montana;
(vi) Appropriate monitoring requirements to
determine the effectiveness of mitigation, augmentation, or aquifer recharge
plans; and
(vii) Other issues related to mitigation,
augmentation, or aquifer recharge in Montana to facilitate continued economic
development and growth while providing reasonable protections to senior
appropriators and water quality of surface and ground water resources;
(b) Methods for the management of water, particularly
in closed basins, to ensure compliance with closed basin law, including:
(i) Artificial recharge of
ground water, including but not limited to alternatives such as aquifer storage
and recovery;
(ii) Identifying research necessary, if any, to
determine alternatives and options for conducting water management through
artificial recharge of ground water; and
(iii) Conducting a water quality analysis associated
with storage or introduction of surface water to ground water resources;
(c) Determining an appropriate, accurate,
and time- efficient process for coordinating water quality requirements with
the water appropriations process by:
(i) Determining how the
department of environmental quality and the department of natural resources and
conservation are issuing permits that affect ground water or surface water
quality and whether or not the water appropriation process and the water
quality process are coordinated;
(ii) Ensuring that a detailed process is outlined
that provides potential applicants with a clear process that must be followed
to ensure that prior appropriators and water quality in both surface water and
ground water are protected while allowing development in Montana; and
(iii) Identifying the extent to which cumulative
impacts are analyzed from a water quantity and a water quality perspective and
whether or not the two findings are assessed jointly and determining the
appropriate level of coordination;
(d) Wells that are exempt
from the permitting process pursuant to 85-2-306, including:
(i) A detailed reporting of
the number of exempt wells currently in Montana and an estimate of the number
of exempt wells expected to be developed by 2020;
(ii) A determination and summary of the types of
beneficial uses to which water from exempt wells is applied;
(iii) A determination of the hydrogeologic
analysis necessary to determine consumptive use on a per-acre or fraction of an
acre basis and on a per-use basis;
(iv) An analysis of the amount of water reasonably
necessary for the various beneficial uses and a comparison of this reasonable
use standard with current statutory limits, including volume, flow rate, and
other criteria that the committee determines are necessary to provide for accurate
and adequate measurement of water use through exempt wells;
(v) Options and alternatives for enforcing statutory
limitations regarding exempt well usage; and
(vi) A determination of the
necessity and reasons for providing a process that is exempt from the
permitting process;
(e) An analysis of water marketing and water
reallocation options available in
(i) Leasing water rights,
water banking, water trading, and water sales;
(ii) The lease-to-sale ratio of water rights in
(iii) The number of market purchases that have been
completed in
(iv) The purposes for which water
trades or sales have taken place;
(v) The feasibility of creating and operating a water
bank in
(vi) The administrative procedures
and costs that would be necessary to establish and operate water bank in
(3) The committee shall gather appropriate
information that the committee determines is necessary to make sound and
well-reasoned policy decisions to guide the management and use of
(a) Identifying gaps in data necessary to determine
appropriate locations to conduct artificial recharge of ground water; and
(b) Presenting long-term goals and policy proposals
for water management related to ground water resources.
(4) The committee shall prepare a report to submit to
the 61st legislature that provides clear policy direction and necessary
legislation to guide
There
was a considerable amount of discussion concerning the ability of an Interim
Study Committee to actually be able to complete the very ambitious study items
listed above. I monitored this proposed legislation.
HB 286: "AN ACT REVISING
INCENTIVES UNDER THE BIG SKY ECONOMIC DEVELOPMENT PROGRAM TO ASSIST
HIGH-POVERTY COUNTIES IN WORKFORCE TRAINING AND OTHER ECONOMIC DEVELOPMENT
OPPORTUNITIES; AMENDING SECTIONS 90-1-201, 90-1-202, AND 90-1-204, MCA; AND
PROVIDING AN EFFECTIVE DATE."
As defined in the proposed
legislation, a "High-poverty county" means a county in this state in
which 14% or more of people of all ages are in poverty as determined by the
HB 337: "AN ACT AUTHORIZING A
COUNTY, A CONSOLIDATED GOVERNMENT, OR A MUNICIPALITY TO ESTABLISH A VOLUNTEER
FIREFIGHTERS' DISABILITY INSURANCE ACCOUNT; AUTHORIZING A COUNTY, A
CONSOLIDATED GOVERNMENT, OR A MUNICIPALITY TO LEVY A TAX, SUBJECT TO VOTER
APPROVAL, ON PROPERTY TO PURCHASE DISABILITY INSURANCE COVERAGE FOR VOLUNTEER
FIREFIGHTERS; LIMITING THE PAYMENT OF DISABILITY INSURANCE BENEFITS TO CERTAIN
VOLUNTEER FIREFIGHTERS; AMENDING SECTIONS 7-33-2109, 7-33-2209, 7-33-2403,
7-33-4109, 7-33-4111, AND 39-71-118, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE
DATE."
The purpose of this
proposed legislation is self-explanatory. I monitored this proposed
legislation.
SB 549: "AN ACT REVISING THE
METHOD FOR CLASSIFYING LAND AS AGRICULTURAL FOR PROPERTY TAX PURPOSES;
REQUIRING A MINIMUM DOLLAR AMOUNT OF GROSS INCOME FROM AGRICULTURAL PRODUCTION
TO QUALIFY AS CLASS THREE AGRICULTURAL LAND; PROVIDING THAT THE MINIMUM DOLLAR
AMOUNT FOR GRAZING LAND BE DETERMINED BY AN ANIMAL UNIT MONTH COMPUTATION
DETERMINED BY MONTANA STATE UNIVERSITY-BOZEMAN; AMENDING SECTION 15-7-202, MCA;
AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND A RETROACTIVE APPLICABILITY
DATE."
The
purpose of this proposed legislation is self-explanatory. I monitored this
proposed legislation.
SB 550: "AN ACT REVISING THE
LAWS GOVERNING LOCAL GOVERNMENT STUDY COMMISSIONS; AUTHORIZING THE IMPOSITION
OF A MILL LEVY AND PROVIDING FOR AN EXCEPTION FROM THE MILL LEVY LIMITS FOR A
LEVY FOR FUNDING LOCAL GOVERNMENT STUDY COMMISSIONS; CLARIFYING THE PROCEDURES
FOR PROPOSALS FOR ALTERNATIVE FORMS OR PLANS OF GOVERNMENT MADE BY PETITION OR
BY A STUDY COMMISSION; PROVIDING THAT ELECTED OFFICIALS REMAIN IN OFFICE UNLESS
THE NEW FORM OR PLAN ELIMINATES THE OFFICE FOR WHICH THEY WERE ELECTED; AND
AMENDING SECTIONS 7-3-122, 7-3-141, 7-3-142, 7-3-149, 7-3-151, 7-3-152,
7-3-153, 7-3-155, 7-3-156, 7-3-157, 7-3-160, 7-3-161, 7-3-175, 7-3-178,
7-3-184, 7-3-187, 7-3-192, 7-3-193, AND 15-10-420, MCA."
The
main purpose of this proposed legislation was to provide for a funding
mechanism for financing a Local Government Study Commission, if the local
government determined that a Study Commission needed to be formed. I monitored this proposed legislation.