reglab/housing_qa huggingface dataset:
MT Code § 75-20-202 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 20. Major Facility Siting|Part 2. Certification Proceedings|75-20-202. Repealed

  75-20-202. Repealed. Sec. 24, Ch. 329, L. 1997.   History: En. Sec. 4, Ch. 327, L. 1973; amd. Sec. 4, Ch. 494, L. 1975; R.C.M. 1947, 70-804(3) thru (5); amd. Sec. 3, I.M. 80, app. Nov. 7, 1978; amd. Sec. 2, Ch. 539, L. 1981; amd. Sec. 2, Ch. 167, L. 1983; amd. Sec. 9, Ch. 573, L. 1985; amd. Sec. 1, Ch. 591, L. 1985; amd. Sec. 214, Ch. 418, L. 1995; amd. Sec. 535, Ch. 546, L. 1995; amd. Sec. 2, Ch. 583, L. 1995.
MT Code § 75-20-203 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 20. Major Facility Siting|Part 2. Certification Proceedings|75-20-203. Certificate transferable

  75-20-203. Certificate transferable. A certificate may be transferred to a person who agrees to comply with the terms, conditions, and modifications contained in the certificate.   History: En. Sec. 4, Ch. 327, L. 1973; amd. Sec. 4, Ch. 494, L. 1975; R.C.M. 1947, 70-804(2); amd. Sec. 3, I.M. 80, app. Nov. 7, 1978; amd. Sec. 3, Ch. 676, L. 1979; amd. Sec. 3, Ch. 583, L. 1995.
MT Code § 75-20-204 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 20. Major Facility Siting|Part 2. Certification Proceedings|75-20-204. Facilities subject to federal energy regulatory commission jurisdiction

  75-20-204. Facilities subject to federal energy regulatory commission jurisdiction. (1) For a facility that is subject to the jurisdiction of the federal energy regulatory commission, the department shall file a state recommendation with the commission.   (2) A person making application to the federal energy regulatory commission shall file with the department notice of and a copy of the federal application regarding any facility subject to subsection (1). The state recommendation must be based on its study of the federal application and other material gained through intervention in the federal proceeding.   (3) A person subject to the provisions of subsection (2) shall pay a fee to the department at the time that an application is filed with the federal energy regulatory commission. The fee must be used by the department to carry out its responsibilities to develop a state recommendation and participate as a party in any necessary federal proceeding to assert the state recommendation. The fee may not exceed one-half the amount that could be assessed under 75-20-215. A fee prescribed by 75-20-215 may not be assessed against a person paying a fee under this section.   (4) A person who fails to file a timely notice of and a copy of the federal application with the department, preventing the department from timely compliance with this section and with the rules, statutes, or procedures governing the proceedings before the federal energy regulatory commission, is subject to the provisions of 75-20-408.   History: En. Sec. 2, Ch. 591, L. 1985; amd. Sec. 2, Ch. 273, L. 1997.
MT Code § 75-20-205 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 20. Major Facility Siting|Part 2. Certification Proceedings|75-20-205. Repealed

  75-20-205. Repealed. Sec. 24, Ch. 329, L. 1997.   History: En. Sec. 4, Ch. 591, L. 1985; amd. Sec. 1, Ch. 246, L. 1987; amd. Sec. 215, Ch. 418, L. 1995; amd. Sec. 536, Ch. 546, L. 1995.
MT Code § 75-20-206 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 20. Major Facility Siting|Part 2. Certification Proceedings|75-20-206. reserved

  75-20-206 reserved.
MT Code § 75-20-207 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 20. Major Facility Siting|Part 2. Certification Proceedings|75-20-207. Notice requirement for certain electric transmission lines

  75-20-207. Notice requirement for certain electric transmission lines. Whenever a person plans to construct an electric transmission line or associated facilities under the provisions of 75-20-104(10)(a)(ii), it must provide public notice to persons residing in the area in which any portion of the electric transmission facility may be located and to the department. This notice must be made no less than 60 days prior to the commencement of acquisition of right-of-way as defined in 75-20-104 by publication of a summary describing the transmission facility and the proposed location of the facility in those newspapers that will substantially inform those persons of the construction and by mailing a summary to the department. The notice must inform the property owners of their rights under this chapter concerning the location of the facility and that more information concerning their rights may be obtained from the department.  History: En. Sec. 2, Ch. 597, L. 1987; amd. Sec. 7, Ch. 329, L. 1997; amd. Sec. 3, Ch. 293, L. 2001; amd. Sec. 3, Ch. 447, L. 2019; amd. Sec. 7, Ch. 13, L. 2021.
MT Code § 75-20-208 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 20. Major Facility Siting|Part 2. Certification Proceedings|75-20-208. Certain electric transmission lines -- verification of requirements

  75-20-208. Certain electric transmission lines -- verification of requirements. (1) Prior to constructing a transmission line under 75-20-104(10)(a)(ii), the person planning to construct the line shall provide to the department within 36 months of the date of the public notice provided under 75-20-207, unless extended by the department for good cause:  (a) copies of the right-of-way agreements or options for a right-of-way containing sufficient information to establish landowner consent to construct the line; and   (b) sufficient information for the department to verify that the requirements of 75-20-104(10)(a)(ii) are satisfied.   (2) The provisions of 75-20-104(10)(a)(ii) do not apply to any facility for which public notice under 75-20-207 has been given but for which the requirements of subsection (1) of this section have not been complied with.   History: En. Sec. 3, Ch. 597, L. 1987; amd. Sec. 216, Ch. 418, L. 1995; amd. Sec. 537, Ch. 546, L. 1995; amd. Sec. 8, Ch. 329, L. 1997; amd. Sec. 4, Ch. 293, L. 2001; amd. Sec. 4, Ch. 447, L. 2019; amd. Sec. 8, Ch. 13, L. 2021.
MT Code § 75-20-209 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 20. Major Facility Siting|Part 2. Certification Proceedings|75-20-209. and 75-20-210 reserved

  75-20-209 and 75-20-210 reserved.
MT Code § 75-20-212 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 20. Major Facility Siting|Part 2. Certification Proceedings|75-20-212. Cure for failure of service

  75-20-212. Cure for failure of service. Inadvertent failure of service on or notice to any of the municipalities, government agencies, or persons identified in 75-20-211 may be cured pursuant to orders of the department designed to afford them adequate notice to enable their effective participation in the proceeding.   History: En. Sec. 6, Ch. 327, L. 1973; amd. Sec. 1, Ch. 115, L. 1974; amd. Sec. 2, Ch. 268, L. 1974; amd. Sec. 1, Ch. 270, L. 1975; amd. Sec. 6, Ch. 494, L. 1975; amd. Sec. 1, Ch. 179, L. 1977; R.C.M. 1947, 70-806(part); amd. Sec. 4, Ch. 583, L. 1995.
MT Code § 75-20-213 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 20. Major Facility Siting|Part 2. Certification Proceedings|75-20-213. Supplemental material -- amendments

  75-20-213. Supplemental material -- amendments. (1) Except as provided in 75-20-228, an application for an amendment of an application or a certificate must be in the form and contain the information that the department by rule or by order prescribes. Notice of an application must be given as set forth in 75-20-211(3) and (4).  (2) An application may be amended by an applicant any time prior to the department's recommendation. If the proposed amendment is such that it prevents the department or the agencies listed in 75-20-216(6) from carrying out their duties and responsibilities under this chapter, the department may require additional filing fees and additional amendment application review time. The total review time may not exceed 9 months from the date the department accepts a completed application for amendment.   (3) The applicant shall submit supplemental material in a timely manner as requested by the department or as offered by the applicant to explain, support, or provide the detail with respect to an item described in the original application, without filing an application for an amendment. The department's determination as to whether information is supplemental or whether an application for amendment is required is conclusive.   History: En. Sec. 6, Ch. 327, L. 1973; amd. Sec. 1, Ch. 115, L. 1974; amd. Sec. 2, Ch. 268, L. 1974; amd. Sec. 1, Ch. 270, L. 1975; amd. Sec. 6, Ch. 494, L. 1975; amd. Sec. 1, Ch. 179, L. 1977; R.C.M. 1947, 70-806(6); amd. Sec. 5, Ch. 676, L. 1979; amd. Sec. 218, Ch. 418, L. 1995; amd. Sec. 10, Ch. 329, L. 1997; amd. Sec. 7, Ch. 217, L. 2003; amd. Sec. 6, Ch. 553, L. 2021.
MT Code § 75-20-214 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 20. Major Facility Siting|Part 2. Certification Proceedings|75-20-214. Repealed

  75-20-214. Repealed. Sec. 8, Ch. 591, L. 1985.   History: En. Sec. 6, Ch. 327, L. 1973; amd. Sec. 1, Ch. 115, L. 1974; amd. Sec. 2, Ch. 268, L. 1974; amd. Sec. 1, Ch. 270, L. 1975; amd. Sec. 6, Ch. 494, L. 1975; amd. Sec. 1, Ch. 179, L. 1977; R.C.M. 1947, 70-806(7); amd. Sec. 6, Ch. 676, L. 1979.
MT Code § 75-20-217 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 20. Major Facility Siting|Part 2. Certification Proceedings|75-20-217. Voiding an application

  75-20-217. Voiding an application. An application may be voided by the department following notice and an opportunity for hearing for:   (1) any material and knowingly false statement in the application or in accompanying statements or studies required of the applicant;   (2) failure to file an application in substantially the form and content required by this chapter and the rules adopted under this chapter; or   (3) failure to deposit the filing fee as provided in 75-20-215.   History: En. Sec. 18, Ch. 327, L. 1973; amd. Sec. 18, Ch. 494, L. 1975; R.C.M. 1947, 70-818(2); amd. Sec. 9, Ch. 676, L. 1979; amd. Sec. 5, Ch. 583, L. 1995.
MT Code § 75-20-218 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 20. Major Facility Siting|Part 2. Certification Proceedings|75-20-218. Repealed

  75-20-218. Repealed. Sec. 24, Ch. 329, L. 1997.   History: En. Sec. 7, Ch. 327, L. 1973; amd. Sec. 3, Ch. 268, L. 1974; amd. Sec. 39, Ch. 213, L. 1975; amd. Sec. 7, Ch. 494, L. 1975; R.C.M. 1947, 70-807(4); amd. Sec. 10, Ch. 676, L. 1979; amd. Sec. 5, Ch. 539, L. 1981; amd. Sec. 10, Ch. 573, L. 1985; amd. Sec. 221, Ch. 418, L. 1995.
MT Code § 75-20-219 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 20. Major Facility Siting|Part 2. Certification Proceedings|75-20-219. Amendments to certificate

  75-20-219. Amendments to certificate. (1) (a) Except as provided in 75-20-228, within 30 days after notice of an amendment to a certificate is given as set forth in 75-20-213(1), including notice to all active parties to the original proceeding, the department shall determine whether the proposed change in the facility would result in a material increase in any environmental impact of the facility or a substantial change in the location of all or a portion of the facility as set forth in the certificate.  (b) Except as provided in 75-20-228, if the department determines that the proposed change would result in a material increase in any environmental impact of the facility or a substantial change in the location of all or a portion of the facility, the department shall grant, deny, or modify the amendment with conditions as it considers appropriate.   (c) Except as provided in 75-20-228, if the department determines that a modification of the proposed amendment to the certificate is needed, it shall consult with the applicant.   (2) Except as provided in 75-20-228, if those cases in which the department determines that the proposed change in the facility would not result in a material increase in any environmental impact or would not be a substantial change in the location of all or a portion of the facility, the department shall automatically grant the amendment either as applied for or upon terms or conditions that the department considers appropriate.   (3) Except as provided in 75-20-228, if a hearing is requested under 75-20-223(2), the party requesting the hearing has the burden of showing by clear and convincing evidence that the department's determination is not reasonable.   (4) Except as provided in 75-20-228, if an amendment is required to a certificate that would affect, amend, alter, or modify a decision, opinion, order, certification, or air or water quality permit issued by the department, the amendment must be processed under the applicable statutes administered by the department.   History: En. Sec. 7, Ch. 327, L. 1973; amd. Sec. 3, Ch. 268, L. 1974; amd. Sec. 39, Ch. 213, L. 1975; amd. Sec. 7, Ch. 494, L. 1975; R.C.M. 1947, 70-807(3); amd. Sec. 11, Ch. 676, L. 1979; amd. Sec. 1, Ch. 372, L. 1981; amd. Sec. 4, Ch. 312, L. 1987; amd. Sec. 222, Ch. 418, L. 1995; amd. Sec. 7, Ch. 293, L. 2001; amd. Sec. 2, Ch. 280, L. 2017; amd. Sec. 7, Ch. 553, L. 2021.
MT Code § 75-20-220 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 20. Major Facility Siting|Part 2. Certification Proceedings|75-20-220. Repealed

  75-20-220. Repealed. Sec. 24, Ch. 329, L. 1997.   History: En. Sec. 9, Ch. 327, L. 1973; amd. Sec. 9, Ch. 494, L. 1975; R.C.M. 1947, 70-809(3); amd. Sec. 12, Ch. 676, L. 1979; amd. Sec. 6, Ch. 539, L. 1981; amd. Sec. 223, Ch. 418, L. 1995; amd. Sec. 6, Ch. 583, L. 1995.
MT Code § 75-20-221 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 20. Major Facility Siting|Part 2. Certification Proceedings|75-20-221. Repealed

  75-20-221. Repealed. Sec. 24, Ch. 329, L. 1997.   History: En. Sec. 8, Ch. 327, L. 1973; amd. Sec. 8, Ch. 494, L. 1975; R.C.M. 1947, 70-808; amd. Sec. 2, Ch. 553, L. 1979; amd. Sec. 13, Ch. 676, L. 1979; amd. Sec. 224, Ch. 418, L. 1995; amd. Sec. 7, Ch. 583, L. 1995.
MT Code § 75-20-222 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 20. Major Facility Siting|Part 2. Certification Proceedings|75-20-222. Repealed

  75-20-222. Repealed. Sec. 24, Ch. 329, L. 1997.   History: En. Sec. 9, Ch. 327, L. 1973; amd. Sec. 9, Ch. 494, L. 1975; R.C.M. 1947, 70-809(1), (2); amd. Sec. 14, Ch. 676, L. 1979.
MT Code § 75-20-224 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 20. Major Facility Siting|Part 2. Certification Proceedings|75-20-224. reserved

  75-20-224 reserved.
MT Code § 75-20-225 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 20. Major Facility Siting|Part 2. Certification Proceedings|75-20-225. Repealed

  75-20-225. Repealed. Sec. 14, Ch. 293, L. 2001.   History: En. Sec. 3, Ch. 155, L. 1985; amd. Sec. 225, Ch. 418, L. 1995; amd. Sec. 540, Ch. 546, L. 1995; amd. Sec. 13, Ch. 329, L. 1997.
MT Code § 75-20-226 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 20. Major Facility Siting|Part 2. Certification Proceedings|75-20-226. Repealed

  75-20-226. Repealed. Sec. 14, Ch. 293, L. 2001.   History: En. Sec. 4, Ch. 155, L. 1985; amd. Sec. 3, Ch. 512, L. 1991; amd. Sec. 226, Ch. 418, L. 1995; amd. Sec. 14, Ch. 329, L. 1997.
MT Code § 75-20-227 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 20. Major Facility Siting|Part 2. Certification Proceedings|75-20-227. Repealed

  75-20-227. Repealed. Sec. 24, Ch. 329, L. 1997.   History: En. Sec. 5, Ch. 155, L. 1985.
MT Code § 75-20-228 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 20. Major Facility Siting|Part 2. Certification Proceedings|75-20-228. Electric generating facility fuel source change -- notice requirements

  75-20-228. Electric generating facility fuel source change -- notice requirements. (1) (a) An amendment to a certificate is not required for an electric generating facility designed to generate 250 megawatts of electricity or more if a change is made at the facility to alter fuel sources necessary to maintain operations at the facility, if the certificate holder obtains necessary air and water quality permits under Title 75, chapters 2 and 5.  (b) Changes covered by subsection (1)(a) may include both the use of a new fuel source as well as any construction or modification made to the facility for the purpose of allowing the facility to accept and utilize a new fuel source. This includes but is not limited to the construction of unloading facilities, storage facilities, and conveyance systems, including conveyors, roads, and rail spurs.   (c) The department shall waive compliance with this chapter as it relates to a change made in accordance with subsection (1)(a).   (2) (a) A certificate holder making a change in a facility in accordance with subsection (1) shall file notice of the change with the department at least 60 days prior to making the change.   (b) The department may provide notice to all active parties to the original certification proceeding, but a hearing is not required.   (3) (a) A change under subsection (1) is neither a material increase in the environmental impact of the facility nor a change or addition considered to affect compliance with a condition of the certificate.   (b) A change made in accordance with this section and notice of a change required in this section may not be used as the basis of an appeal of a final decision on a certificate by the department.   History: En. Sec. 5, Ch. 553, L. 2021.
MT Code § 75-20-229 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 20. Major Facility Siting|Part 2. Certification Proceedings|75-20-229. and 75-20-230 reserved

  75-20-229 and 75-20-230 reserved.
MT Code § 75-20-231 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 20. Major Facility Siting|Part 2. Certification Proceedings|75-20-231. Expedited review

  75-20-231. Expedited review. (1) Except as provided in 75-1-208(4)(b), the department shall issue a certification decision within 90 days from the date on which an application is considered complete for a facility that:   (a) is unlikely to result in significant adverse environmental impacts based on the criteria listed in 75-20-232; or   (b) is presently in existence and proposed for upgrade, reconstruction, or relocation and is unlikely to result in significant impacts pursuant to 75-20-232.   (2) A facility that qualifies for expedited review is exempt from undergoing an alternative siting study, except as provided in 75-1-201.   History: En. Sec. 1, Ch. 329, L. 1997; amd. Sec. 9, Ch. 293, L. 2001; amd. Sec. 8, Ch. 299, L. 2001; amd. Sec. 11, Ch. 217, L. 2003.
MT Code § 75-20-232 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 20. Major Facility Siting|Part 2. Certification Proceedings|75-20-232. Criteria for identifying proposed facilities that qualify for expedited review

  75-20-232. Criteria for identifying proposed facilities that qualify for expedited review. (1) In order for a facility to qualify for expedited review under 75-20-231, the department shall make a significance determination of the impacts associated with a proposed facility. This determination is the basis of the department's decision concerning whether the proposed facility qualifies for expedited review.   (2) The department shall consider the following criteria in determining the significance of each impact that the proposed facility has on the quality of the human environment:   (a) the severity, duration, geographic extent, and frequency of occurrence of the impact;   (b) (i) the probability that the impact will occur if the proposed action occurs; or   (ii) reasonable assurance in keeping with the potential severity of an impact that the impact will not occur;   (c) growth-inducing or growth-inhibiting aspects of the impact, including the relationship or contribution of the impact to cumulative impacts;   (d) the quantity and quality of each environmental resource or value that would be affected, including the uniqueness and fragility of those resources or values;   (e) the importance to the state and to society of each environmental resource or value that would be affected;   (f) any precedent that would be set as a result of an impact of the proposed action that would commit the department to future actions with significant impacts or to a decision in principle about future actions;   (g) potential conflict with local, state, or federal laws, requirements, or formal plans;   (h) the degree to which the impacts on the human environment are likely to create a high level of public concern; and   (i) the economic importance and benefits to the state and the local community of the proposed facility.   (3) An impact may be adverse, beneficial, or both. If none of the adverse effects of the impact are significant, expedited review is required.   History: En. Sec. 2, Ch. 329, L. 1997; amd. Sec. 12, Ch. 217, L. 2003.
MT Code § 75-20-302 (2021)
2021 Montana Code Annotated|Title 75. Environmental Protection|Chapter 20. Major Facility Siting|Part 3. Decisions|75-20-302. Conditions imposed

  75-20-302. Conditions imposed. (1) If the department determines that the location of all or a part of the proposed facility should be modified, it may condition its certificate upon the modification, provided that the department consulted the applicant and the persons residing in the area affected by the modification have been given reasonable notice of the modification.   (2) The department may require the applicant to post performance bonds to guarantee successful reclamation and revegetation of the project area.   (3) For a common carrier pipeline as described in 69-13-101, the department shall condition a certificate to provide that for any land, rights-of-way, or easements, the location of any heritage properties or paleontological remains on or beneath land, rights-of-way, or easements for the common carrier pipeline is confidential and may not be disclosed.   (4) For purposes of this section, the following definitions apply:   (a) "Heritage property" has the meaning provided in 22-3-421.   (b) "Paleontological remains" has the meaning provided in 22-3-421.   History: En. Sec. 10, Ch. 327, L. 1973; amd. Sec. 10, Ch. 494, L. 1975; R.C.M. 1947, 70-810(2); amd. Sec. 16, Ch. 676, L. 1979; amd. Sec. 1, Ch. 155, L. 1985; amd. Sec. 228, Ch. 418, L. 1995; amd. Sec. 541, Ch. 546, L. 1995; amd. Sec. 16, Ch. 329, L. 1997; amd. Sec. 3, Ch. 280, L. 2017; amd. Sec. 2, Ch. 296, L. 2017.