Revise the petroleum storage tank cleanup eligibility requirements
HB 189 revises Montana’s petroleum storage tank cleanup reimbursement statutes by moving the eligibility date for fund reimbursement back from April 13, 1989 to January 1, 1984. That change expands the pool of releases and associated cleanup costs that may qualify for payment from the petroleum tank release cleanup fund, including certain heating-oil and small farm/residential tank releases, so long as the other eligibility requirements are met. The bill also updates related reimbursement provisions, including the timing rules for claims, the treatment of insurer or grantor payments, and the order in which claims are paid when fund balances are low.
The bill amends the reimbursement caps and cost-sharing structure in section 75-11-307, MCA, while preserving exclusions for ineligible costs such as tank repair or replacement, attorney fees, penalties, and costs already paid by other sources. It also maintains the rule that reimbursement is limited when the fund’s monthly balance falls below $1.5 million, and that claims are paid in order once sufficient money is available. In section 75-11-308, the bill aligns eligibility language with the new 1984 date and continues to limit eligibility to accidental releases from qualifying tanks, while excluding certain tanks such as refinery, railroad, federal government, and mobile transport tanks.
The overall sentiment around HB 189 appears strongly favorable and noncontroversial. It passed the House and Senate committees and floor votes unanimously, with no recorded nays at any stage. That voting pattern suggests broad bipartisan support for updating the cleanup fund rules and clarifying reimbursement eligibility.
The main policy issue is the expanded fiscal exposure of the cleanup fund, since moving the eligibility date earlier could increase the number of claims and the amount of reimbursable cleanup costs. Any contention would likely center on whether the fund can absorb additional claims without delaying reimbursements for newer releases, but no opposition is reflected in the available votes or committee record. The bill also preserves existing limits and exclusions, which likely helped keep support broad.
HB 189 amends sections 75-11-307 and 75-11-308, MCA, governing the petroleum storage tank release cleanup fund. Its primary legal effect is to expand reimbursement eligibility by changing the qualifying discovery date from April 13, 1989 to January 1, 1984, thereby allowing older releases to qualify for fund reimbursement if they meet the remaining statutory conditions. It also updates related reimbursement timing and claim-processing provisions, while leaving intact the fund’s reimbursement caps, exclusions, and low-balance payment suspension rule. The bill takes effect July 1, 2025.
The bill was received very positively and moved through the Legislature without recorded opposition. It received unanimous committee approval in both chambers and unanimous floor passage in the House and Senate, indicating broad agreement that the cleanup fund eligibility date should be revised and the reimbursement provisions updated. The absence of dissent suggests the measure was viewed as a technical or administrative adjustment rather than a controversial policy shift.
No formal contention is reflected in the available committee or floor votes, which were unanimous throughout. The only likely area of concern is fiscal: by moving the reimbursement eligibility date back to 1984, the bill could increase claims against the petroleum tank release cleanup fund and potentially affect the timing of reimbursements when the fund balance is low. Another possible point of concern is the administrative complexity of applying the revised date and claim-order rules to older cleanup cases, but no legislator or committee member is shown raising those issues in the record provided.