Died in process
Montana : 2021 Regular Session : BILL SB29
Revise weather modification and control laws
Sponsor: Sen Bruce Gillespie
Bill Details
Revise weather modification and control laws
Bill summary
This bill does not prohibit weather modification activities. Instead it comprehensively revises Montanas existing weather modification regulatory framework to facilitate and regulate cloud seeding and similar activities. The bill removes the dual license and permit system replacing it with a single consolidated license system and establishes the following requirements: Licensing requirements include 1 publication of notice of intention in affected counties newspapers for 2 consecutive weeks 2 mandatory liability insurance coverage of at least 100000 dollars 3 operators must be certified by the weather modification association and demonstrate meteorological competence 4 department must determine activities are for general welfare and public good based on whether operations will improve water quantity or quality reduce weather hazards provide economic benefits or advance scientific knowledge and include adequate safeguards for public health and safety Environmental review the Department of Natural Resources and Conservation must conduct environmental analysis under the Montana Environmental Policy Act with actual costs paid by the applicant License terms initial licenses issued for 1 year with subsequent renewals possible for up to 5 years at a time subject to annual review Record keeping licensees must maintain detailed records for 10 years including methods equipment materials amounts times places of operations and names of all participants Enforcement the department may modify suspend revoke or refuse to renew licenses after notice and hearing if licensee lacks necessary qualifications violates chapter provisions or modification is necessary to protect health or property All license fees and fines deposited in state special revenue fund for legislative appropriation and department administration The bill repeals separate permit requirements and associated fees consolidating the regulatory framework into the single license system
History
Introduced December 11 2020 by Senator B Gillespie at request of Water Policy Interim Committee. Passed Senate Natural Resources Committee as amended February 12 2021. Passed Senate second reading February 17 and rereferred to Finance and Claims Committee. Passed Finance Committee February 24. Passed Senate third reading February 25. Transmitted to House February 25. Tabled in House Natural Resources Committee March 29. Taken from table April 1 and passed committee. Scheduled for House second reading April 20 but not concurred. Died in process April 29 2021.
- Thu 15 Oct 2020 (C) Draft Request Received
- Fri 16 Oct 2020 (C) Draft in Legal Review
- Tue 10 Nov 2020 (C) Draft in Edit
- Tue 24 Nov 2020 (C) Draft to Drafter - Edit Review [CMD]
- Tue 24 Nov 2020 (C) Draft in Input/Proofing
- Mon 30 Nov 2020 (C) Draft in Final Drafter Review
- Mon 30 Nov 2020 (C) Bill Draft Text Available Electronically
- Mon 30 Nov 2020 (C) Executive Director Review
- Mon 30 Nov 2020 (C) Draft in Assembly
- Fri 11 Dec 2020 (C) Introduced Bill Text Available Electronically
- Fri 11 Dec 2020 (S) Introduced
- Wed 23 Dec 2020 (S) Referred to Committee (S) Natural Resources
- Wed 23 Dec 2020 (S) Fiscal Note Requested
- Mon 04 Jan 2021 (S) First Reading
- Tue 05 Jan 2021 (S) Fiscal Note Received
- Tue 05 Jan 2021 (S) Fiscal Note Signed
- Wed 06 Jan 2021 (S) Fiscal Note Printed
- Fri 15 Jan 2021 (C) Amendments Available
- Wed 10 Feb 2021 (S) Hearing (S) Natural Resources
- Fri 12 Feb 2021 (S) Committee Executive Action--Bill Passed as Amended (S) Natural Resources
- Mon 15 Feb 2021 (S) Committee Report--Bill Passed as Amended (S) Natural Resources
- Mon 15 Feb 2021 (C) Printed - New Version Available
- Wed 17 Feb 2021 (S) Scheduled for 2nd Reading
- Wed 17 Feb 2021 (S) 2nd Reading Passed
- Wed 17 Feb 2021 (S) Rereferred to Committee (S) Finance and Claims
- Thu 18 Feb 2021 (S) Revised Fiscal Note Requested
- Mon 22 Feb 2021 (S) Revised Fiscal Note Received
- Mon 22 Feb 2021 (S) Revised Fiscal Note Signed
- Mon 22 Feb 2021 (S) Revised Fiscal Note Printed
- Tue 23 Feb 2021 (S) Hearing (S) Finance and Claims
- Wed 24 Feb 2021 (S) Committee Executive Action--Bill Passed (S) Finance and Claims
- Wed 24 Feb 2021 (S) Committee Report--Bill Passed (S) Finance and Claims
- Thu 25 Feb 2021 (S) Scheduled for 3rd Reading
- Thu 25 Feb 2021 (S) 3rd Reading Passed
- Thu 25 Feb 2021 (S) Transmitted to House
- Sat 27 Feb 2021 (H) Referred to Committee (H) Natural Resources
- Sat 27 Feb 2021 (H) First Reading
- Fri 19 Mar 2021 (H) Hearing (H) Natural Resources
- Mon 29 Mar 2021 (H) Tabled in Committee (H) Natural Resources
- Thu 01 Apr 2021 (H) Taken from Table in Committee (H) Natural Resources
- Thu 01 Apr 2021 (H) Committee Executive Action--Bill Concurred (H) Natural Resources
- Wed 07 Apr 2021 (H) Committee Report--Bill Concurred (H) Natural Resources
- Tue 20 Apr 2021 (H) Scheduled for 2nd Reading
- Tue 20 Apr 2021 (H) 2nd Reading Not Concurred
- Thu 29 Apr 2021 (H) Died in Process
Supplementary documents
No supplementary documents available
Bill text
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
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 departments 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 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 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 conduct an environmental analysis REVIEW in accordance with Title 75 chapter 1 part 2 for a weather modification and control license pursuant to this chapter THE APPLICANT SHALL PAY THE ACTUAL COST OF THE ENVIRONMENTAL REVIEW
2 The department may provide by rule for exempting from the license 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
c activities of an emergency character for protection against fire frost sleet hail or fog and
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
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 must initially be issued for a period of 1 year If at the end of a license period the licensee meets 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 Before undertaking any weather modification and control activities the applicant for a 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 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 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 The department may not issue a license unless the applicant furnishes proof of liability insurance coverage in the amount of $100000 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 fees and fines collected under this chapter other than those collected in a justices court 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
Section 12 Section 85-3-214 MCA is amended to read
85-3-214 Termination of licenses After notice to the licensee and a reasonable opportunity for a hearing the department may modify suspend revoke or refuse to renew any license 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 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 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
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
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 departments 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 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 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 conduct an environmental analysis REVIEW in accordance with Title 75 chapter 1 part 2 for a weather modification and control license pursuant to this chapter THE APPLICANT SHALL PAY THE ACTUAL COST OF THE ENVIRONMENTAL REVIEW
2 The department may provide by rule for exempting from the license 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
c activities of an emergency character for protection against fire frost sleet hail or fog and
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
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 must initially be issued for a period of 1 year If at the end of a license period the licensee meets 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 Before undertaking any weather modification and control activities the applicant for a 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 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 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 The department may not issue a license unless the applicant furnishes proof of liability insurance coverage in the amount of $100000 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 fees and fines collected under this chapter other than those collected in a justices court 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
Section 12 Section 85-3-214 MCA is amended to read
85-3-214 Termination of licenses After notice to the licensee and a reasonable opportunity for a hearing the department may modify suspend revoke or refuse to renew any license 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 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 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