Montana 2023 Regular Session

Montana Senate Bill SB539

Introduced
3/23/23  

Caption

Establish the Water Severance Beneficial Use Act

Impact

The implementation of SB539 is expected to have significant ramifications on the financial structure of local schools and public utilities. As 90% of the revenue generated from the water severance fees will be allocated to offset statewide property tax levies for public schools, it creates a more equitable funding formula that directly benefits educational institutions. This allocation aims to reduce the burden on local taxpayers while ensuring that schools receive adequate support. Furthermore, this new revenue stream could stabilize or enhance funding during budgetary constraints commonly faced by public education.

Summary

Senate Bill 539, known as the Water Severance Beneficial Use Act, primarily aims to establish a fee system associated with the use of state water for electricity generation in Montana. This legislation recognizes water as a public resource and mandates a fee in lieu of tax for hydroelectric facilities based on their electricity transmission. The bill assigns payment responsibilities to both transmission and distribution service providers, ensuring that a portion of the fees collected will contribute to the state's public education funding, addressing a notable equity issue in utility cost responsibilities.

Contention

Debate surrounding SB539 revolves around the implications of imposing a fee for the use of state water, particularly from hydroelectric facilities. Proponents argue that the fee is a fair means of compensating the state for its natural resources, particularly since significant quantities of Montana's hydroelectric power are used outside the state. However, opponents raise concerns about the potential for higher costs to consumers and the repercussions for utility providers, which could impact local electricity pricing. The concerns about balancing state rights over natural resources with economic sustainability for public utilities remain at the forefront of discussions.

Companion Bills

No companion bills found.

Previously Filed As

MT HB2073

Watersheds; beneficial use; instream flows

MT HB2280

watersheds; beneficial use; instream flows

MT HB326

Establish a tax on electrical energy not produced by coal to match coal severance tax rate

MT HB181

Dredging; coastal areas, dredged materials required to be beneficially used by persons dredging certain amounts

MT SB040

Future of Severance Taxes & Water Funding Task Force

MT SB119

Dredging; coastal areas, dredged materials required to be beneficially used by persons dredging certain amounts

MT SB0234

Severance Amendments

MT HF2210

A bill for an act relating to beneficial use in the context of water allocation.

MT HB25

Require exempt entities to report beneficial use of property

MT HF480

A bill for an act relating to beneficial use in the context of water allocation.(See HF 861.)

Similar Bills

No similar bills found.