Montana Code 75-8-110. 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.
Terms Used In Montana Code 75-8-110
- Coal-fired generating unit: means an individual unit of a coal-fired electrical generating facility located in Montana, where the unit has a generating capacity that is greater than or equal to 200 megawatts. See Montana Code 75-8-103
- Department: means the department of environmental quality provided for in 2-15-3501. See Montana Code 75-8-103
- Owner: means a person who has a legal or equitable interest in property subject to this part or the person's legal representative. See Montana Code 75-8-103
- Remediation: means all actions required by an applicable legal obligation directed exclusively toward achieving a degree of cleanup required in accordance with 75-8-107. See Montana Code 75-8-103
(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.