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Energy bills attract crowd to hearing

HELENA — Bills representing the main thrust of GOP efforts to spur energy development in Montana were considered by lawmakers Wednesday, sparking long lines of supporters and opponents to spill into the hearing room.

Rep. Llew Jones, sponsor of the three measures, told members of the House Federal Relations, Energy and Telecommunications Committee that his bills would bring some needed balance to the permitting and review process for energy projects in the state.

“Don’t let somebody start down the road at one speed, and give them a ticket when they’re halfway down the road,” said the Republican from Conrad.

Two of the bills, House Bills 483 and 566, would set stricter restrictions on public appeals to halt energy projects. If they pass, members of the public would have to file appeals more quickly and potentially post a bond to help offset the costs of delay to the developer.

Energy developers would also be allowed to choose whether they want the appeal to be heard by the Board of Environmental Review or go straight to a District Court.

A third measure, House Bill 529, would limit environmental reviews for some energy projects that cross both private and state land. Under that measure, projects, such as wind farms, not requiring an environmental impact statement when built on private lands would still not need one if they cross only a small portion of state land.

The Montana Economic Development Association, the Montana Chamber of Commerce and union representatives testified in favor of House Bills 483 and 566.

“We’re in support of any measure that will speed up the process and get people to work,” said J.D. Lynch, spokesman for the Montana State Building Trades Council.

Great Northern Properties, the Montana Petroleum Association and the Montana Association of Oil, Gas and Coal Counties also support those bills.

But opponents argue that the changes would undermine citizens’ right to challenge projects that could harm their property and health.

“It seems as if we would have a pay-to-play government decision, making it so if you don’t have the money, then you can’t play,” said Alexis Bonogofsky of the National Wildlife Federation.

Jones said he plans to offer an amendment that would lift the bond requirement for those too poor to front the costs. Yet, environmental organizations, including the Montana Environmental Information Council and the Northern Plains Resource Council spoke against any effort to restrict appeals.

Permit reform figures high on the Republican agenda for the session, with GOP lawmakers blaming Democratic Gov. Brian Schweitzer and the state’s permitting process for what they say is lackluster development in a state with expansive coal reserves.

The bills also follow the demise of a planned power plant near Great Falls. That project’s developer, Southern Montana Electric Generation and Transmission, has said appeals filed by environmentalists scuttled financing for the plant.

“That’s how things work with this gaming process,” Jones said. “You cost them so much money they lose financing, and they go broke.”

The Associated Press

billingsgazette.net

19 February 2009

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