Montana Code Annotated 2023

TITLE 75. ENVIRONMENTAL PROTECTION

CHAPTER 8. COAL-FIRED GENERATING UNIT REMEDIATION

Part 1. Coal-Fired Generating Unit Remediation Act

Water Feasibility Study

75-8-110. Water feasibility study. (1) On or before November 1, 2022, the owners of a coal-fired generating unit shall complete a water feasibility study in accordance with subsection (2). Costs of completing the study must be shared among the owners based on each owner's individual ownership interest in the coal-fired generating unit.

(2) The study required in subsection (1) must include:

(a) planning to ensure a local government attendant to a coal-fired generating unit is able to access the local government's water rights and related infrastructure in the event of closure of the coal-fired generating unit;

(b) an estimation of potential conveyance costs that could be incurred by a local government, for up to a 30-year timeline following closure of a facility; and

(c) recommendations, developed in consultation with the community attendant to a coal-fired generating unit, for meeting financial obligations necessary to ensure the affected local government is able to maintain its water supply and water rights.

(3) The study must be submitted to the department and included in remediation plans required in accordance with this part.

History: En. Sec. 1, Ch. 441, L. 2021.