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SB 160MONTANASession 2025State Billdead
Did Not Advance

Montana requires wind and solar project owners to post decommissioning bonds prior to construction

Original title: Revise alternative energy project laws to require a bond prior to construction

Last action · May 23, 2025: (S) Died in ProcessSponsor: Bob Phalen

Bill progressHistory & official text ↓
Introduced
Committee
Floor Vote
Passed
Law

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What This Bill Proposed

Official description

Revise alternative energy project laws to require a bond prior to construction

Why it matters

The measure establishes financial safeguards and timelines for site cleanup, shifting the cost of dismantling abandoned energy infrastructure from landowners and taxpayers onto facility owners.

Background
  • Montana regulates wind and solar energy development decommissioning and bonding under Title 75, Chapter 26, Part 3 of the Montana Code Annotated. context

Who It Would Have Affected

Groups the bill's text would have affected, as described in the record. Being affected is not a position for or against it.

Directly affected

Wind generation facility owners

Owners must submit pre-construction decommissioning plans, post surety bonds equal to 125 percent of calculated costs, and follow specific timelines for site restoration.

Directly affected

Solar facility owners

Owners must submit pre-construction decommissioning plans, post surety bonds equal to 125 percent of calculated costs, and follow specific timelines for site restoration.

Directly affected

Montana property owners

Property owners are permitted to reach alternative restoration agreements with facility owners regarding surface reclamation and facility removal.

Directly affected

Department of Environmental Quality

The department is tasked with reviewing plans, calculating and holding bonds, assessing penalties, and modifying decommissioning plans when necessary.

Key Facts

You don't have to trust us. Each fact below is taken straight from the official document - click any one to see the exact passage, highlighted in the original.

Frequently Asked Questions

When must a wind or solar facility owner submit a decommissioning bond under this bill?
Facility owners must submit a ing plan and bond prior to the construction and commencement of commercial operation of a wind generation or solar facility.
What happens if a facility owner fails to submit the required decommissioning bond?
If an owner fails to submit an acceptable bond within 30 days after receiving notice from the department, an administrative penalty of up to $1,500 can be assessed, with an additional penalty of up to $1,500 for each day the failure continues.
Are all commercial wind and solar facilities subject to these bonding rules?
No. Exemptions apply for facilities with certain smaller nameplate capacities that began operation before specific dates, facilities where the private landowner owns at least a 10 percent share, or facilities where bonds are already posted with federal, state, local, or tribal governments or via lease agreements.

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News Coverage

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Where This Stands

This bill did not become law - Died in committee.

Procedural history

22 actions
  1. May 23, 2025Senate
    (S) Died in Process
  2. Mar 12, 2025Senate
    (S) Missed Deadline for General Bill Transmittal
  3. Feb 18, 2025SenateCommittee
    (S) Tabled in Committee
  4. Jan 27, 2025Senate
    (S) Sponsor Rebuttal to Fiscal Note Printed
  5. Jan 27, 2025Senate
    (S) Fiscal Note Printed
  6. Jan 27, 2025Senate
    (S) Sponsor Rebuttal to Fiscal Note Signed
Show 16 earlier actions
  1. Jan 27, 2025Senate
    (S) Sponsor Rebuttal to Fiscal Note Received
  2. Jan 27, 2025Senate
    (S) Fiscal Note Unsigned
  3. Jan 24, 2025Senate
    (S) Fiscal Note Received
  4. Jan 21, 2025Senate
    (S) Fiscal Note Requested
  5. Jan 20, 2025Senate
    (S) Hearing
  6. Jan 17, 2025SenateCommittee
    (S) Referred to Committee
  7. Jan 16, 2025Senate
    (S) 1st Reading
  8. Jan 15, 2025SenateIntroduced
    (S) Introduced
  9. Jan 15, 2025House
    (LC) Draft Delivered to Requester
  10. Jan 14, 2025House
    (LC) Draft Ready for Delivery
  11. Jan 11, 2025House
    (LC) Draft in Assembly
  12. Jan 10, 2025House
    (LC) Draft in Final Drafter Review
  13. Jan 10, 2025House
    (LC) Draft in Input/Proofing
  14. Jan 8, 2025House
    (LC) Draft in Edit
  15. Jan 2, 2025House
    (LC) Draft in Legal Review
  16. Nov 17, 2024House
    (LC) Drafter Assigned

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

View official text →

Lobbying Activity

No state lobbying filings in our records match this bill. Federal lobbying reports (LDA) cover Congress, so they are not listed on state bills.

Full breakdown

Who this bill affects and the strongest case for and against it, written only from the bill’s own text.

Sponsors

Bob PhalenSenate · District 17RepublicanPrimary sponsor

Discoveries

1 pattern noticed across the record

Patterns POLISCOPE noticed across the record. These are observations to investigate, not conclusions.

policy shift98% confidence

Pre-Construction Bonding Mandate

Shifts decommissioning financial assurance requirements from post-construction timelines to prior to the start of construction and commercial operation.

Department of Environmental QualityBoard of Environmental Review

Connected Entities

Department of Natural Resources and Conservation, E. Albus, Board of Environmental Review and 11 more
OrganizationDepartment of Natural Resources and Conservation“Department where alternative bonds for state land leases may be posted.”Map →
PersonE. Albus“Introduced Senate Bill 160.”Map →
OrganizationBoard of Environmental Review“Board that handles appeals regarding decommissioning plan modifications and pena”Map →
PersonT. Tezak“Introduced Senate Bill 160.”Map →
OrganizationPublic Service Commission“State commission providing power purchase agreement approvals.”Map →
PersonB. Gillespie“Introduced Senate Bill 160.”Map →
PersonG. Parry“Introduced Senate Bill 160.”Map →
PersonE. Byrne“Introduced Senate Bill 160.”Map →
PersonBob Phalen“Primary sponsor of Senate Bill 160, Republican Senator from District 17.”Map →
PersonB. Ler“Introduced Senate Bill 160.”Map →
OrganizationSecretary of State“Required to send a copy of the act to each federally recognized tribal governmen”Map →
PersonJ. Schillinger“Introduced Senate Bill 160.”Map →
OrganizationDepartment of Environmental Quality“State department responsible for receiving decommissioning plans, bonds, and ass”Map →
PersonB. Usher“Introduced Senate Bill 160.”Map →

Sources

Open source document

bills.legmt.gov

Analysis Score

0–100
  • Significance20
    Lowered because this bill did not pass (its text scored 75)
  • Controversy60
    Intensity of disagreement among stakeholders
  • Entertainment5
    Compellingness for a non-policy-wonk reader
  • Buzz35
    Current news / social attention level

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