Generally revise water supply requirements for coal-fired generating units

Created a new Town of Colstrip Water Infrastructure Mitigation Account in the state special revenue fund to collect and distribute money for water supply costs if the coal plant closes.

Changed the severance tax allocation structure to add a new line item (subsection 11) allocating $2 million annually to the new Colstrip water account, while renumbering and adjusting subsequent subsections.

Reorganized the severance tax allocation percentages and amounts, shifting some allocations and adding an effective date of July 1, 2027 for the revised 15-35-108 section.

Changed bill header from 'HB0368.2' to 'HB 368' and updated the enrolled bill status from authorized print version to enrolled bill.

Revised the allocation structure for coal severance tax collections, changing from a general fund credit for $2 million to a more detailed distribution with specific amounts to various state programs and departments.

Added specific funding allocations for agricultural and business development programs, including amounts for the cooperative development center, growth through agriculture program, Montana food and agricultural development program, small business development center, and export trade enhancement.

Added new subsections detailing specific dollar amounts for various state programs receiving coal severance tax revenue.

Updated the effective date for the disposal of severance taxes from July 1, 2027 to reflect new legislative provisions.

Changed capitalization and formatting of section titles and account names for consistency.

Changed from requiring perpetual water access for all attendant cities/towns to creating a specific Town of Colstrip Water Infrastructure Mitigation Account.

Added a new $2 million annual allocation to the Town of Colstrip Water Infrastructure Mitigation Account.

Modified severance tax allocation percentages and amounts for multiple programs including agriculture, commerce, and conservation districts.

Changed the cleanup criteria requirement from meeting department cleanup standards to ensuring water availability if a plant closes and the town cannot access water.

Reorganized the definitions section in 75-8-103 with updated language and structure.

Added an effective date of July 1, 2027 for the revised 15-35-108 section regarding severance tax disposal.

Requires coal-fired generating unit operators to provide perpetual water access to attendant cities or towns if the plant closes or retires

Amends existing sections 75-8-103 and 75-10-721 to clarify financial assurance and cleanup requirements for coal facilities

Defines key terms including 'affected property', 'operator', 'owner', 'retired', and 'reasonably anticipated future uses'

Establishes that operators must provide water supply until contamination cleanup meets department criteria at the point of compliance

Removed new statutory requirements that would have mandated coal-fired generating unit operators to provide perpetual water access to attendant cities or towns and clarify financial assurance requirements.

Added legal review analysis explaining that existing statutes (7-13-4404 and 7-13-4405) already provide cities with mechanisms to acquire water rights and property through purchase, appropriation, or eminent domain if agreements cannot be reached.

Added constitutional analysis indicating that new water supply requirements may face challenges under Article II, section 29 of the Montana Constitution and the Fifth Amendment to the U.S. Constitution regarding takings without just compensation.

The bill number was changed from LC 3242 to HB 368.1, indicating a shift in legislative tracking or versioning.

A new requirement was added mandating that operators give due consideration to engineering controls when selecting treatment or resource recovery technologies for coal facility closure.