HB 55 revises the laws governing how public utilities plan for their customers' future energy needs. It requires public utilities to submit detailed resource plans every three years, including evaluations of renewable energy and demand-side management scenarios, and to hold more public meetings before submitting these plans. The bill establishes a special revenue account within the Department of Environmental Quality to fund an independent evaluator, paid for by fees charged to public utilities, who will assist in reviewing these plans. Additionally, the state commission can now engage independent consultants to evaluate utility plans, with these costs being recoverable in rates charged to customers.
The bill was amended to replace the creation of a special revenue fund with a standard appropriation, simplifying the funding mechanism. Additionally, a new requirement was added to ensure the commission explicitly states that its comments on utility rate plans do not constitute preapproval of those rates.
Scope change
The funding mechanism for the program shifted from a dedicated special revenue account to a general appropriation, while the bill's scope expanded to include a clarification on the legal weight of commission comments regarding utility rates.
FISCAL
The requirement to deposit funds into a special revenue account was removed and replaced with a provision for a general appropriation.
REQUIREMENT
A new clause was added stating that the commission's comments on proposed utility rate plans are not considered preapproval of those rates.
HB0055_X(3).pdf→HB0055_X(4).pdf·2 edits
MINOR
This bill amends the requirements for public utility planning in Montana, specifically updating the criteria for what must be included in a utility's service plan and clarifying the timeline for the commission's review. The changes ensure that utility plans explicitly evaluate cost-effective conservation and efficiency measures for customers. Additionally, the text corrects a formatting error regarding the 120-day review deadline, ensuring the commission's obligations are clearly stated.
Scope change
The bill's scope remains focused on public utility regulation, but the specific requirements for utility planning have been expanded to include explicit evaluations of conservation and demand-side management.
REQUIREMENT
Updated the required content of public utility plans to mandate an evaluation of cost-effective conservation and efficiency improvements for customers.
TIMELINE
Corrected the formatting of the timeline for the commission's review of utility plans, clarifying that the review must occur within 120 days of receiving a complete plan.
HB0055_3(18).pdf→HB0055_X.pdf·5 edits
MODERATE
This bill updates Montana's public utility resource planning laws to modernize how utilities create long-term energy plans. It clarifies fee limits for independent evaluators, mandates that utilities hold public meetings before submitting plans, and requires the commission to conduct public meetings after receiving plans to gather community feedback. The changes aim to increase transparency and ensure utility plans better reflect the diverse needs of shareholders, ratepayers, and the public.
Scope change
The bill applies to all public utilities in Montana preparing integrated least-cost plans, with specific new requirements for public engagement and plan content.
REQUIREMENT
Utilities must now hold at least four public meetings in their service territory before submitting a plan to ensure diverse stakeholder input.
The commission must conduct two public meetings after receiving a plan to review comments and provide feedback before making a decision.
Plan content requirements were expanded to include detailed forecasts, alternate renewable energy scenarios, and specific processes for soliciting competitive bids.
FISCAL
Fee limits for independent evaluators were clarified, and fees collected for specific planning activities must be deposited into a special revenue fund.
TECHNICAL
Several sections were reorganized and renumbered to improve clarity and align with updated statutory numbering.
HB0055_3(4).pdf→HB0055_3(5).pdf·4 edits
MODERATE
This bill establishes a new special revenue account to fund an independent evaluator for the Department of Environmental Quality, ensuring unbiased oversight of energy planning. It also amends fee caps for the Public Service Commission, requiring specific deposits for certain fees into this new account while treating others as financing costs. Additionally, the bill updates requirements for public utility integrated least-cost plans, mandating detailed renewable energy scenarios and allowing the commission to charge fees to cover independent consultant costs.
Scope change
The bill expands the scope of funding oversight by creating a dedicated account for independent evaluation and modifies the scope of fee regulations to include specific deposit requirements for certain energy-related fees.
FISCAL
Created a new special revenue account for the Department of Environmental Quality to fund an independent evaluator, with specific sources of deposit including fees, appropriations, and interest.
Authorized the Public Service Commission to charge fees to recover the costs of independent engineering and financial consultants used to evaluate utility plans.
REQUIREMENT
Amended fee regulations to cap most fees at $500 and reclassified fees collected under specific statutes as financing costs rather than general revenue.
Updated integrated least-cost plan requirements to include specific renewable energy scenarios and demand-side management program descriptions.
HB0055_2(25).pdf→HB0055_3(1).pdf·4 edits
MODERATE
The bill was renumbered from HB 55.2 to HB 55.3 and underwent significant reorganization. The most substantive change involves the Independent Evaluator Contracting Special Revenue Account, where the list of deposits was reordered and the section structure was altered. Additionally, the Integrated Least-Cost Plan requirements were modified, specifically changing the public comment period from 60 days to 45 days and adding a requirement for the commission to publish a copy of the plan.
Scope change
The bill's scope regarding fee collection and plan filing requirements was modified, while the overall applicability to the Department of Environmental Quality and public utilities remains consistent.
FISCAL
The order and structure of deposits into the Independent Evaluator Contracting Special Revenue Account were changed, though the specific fee sources remain the same.
REQUIREMENT
The public comment period for Integrated Least-Cost Plans was reduced from 60 days to 45 days.
A new requirement was added for the commission to publish a copy of the Integrated Least-Cost Plan within 120 days of receipt.
TECHNICAL
The bill was renumbered from HB 55.2 to HB 55.3, and the text was reorganized into a new section format.
HB0055_1(8).pdf→HB0055_2(23).pdf·4 edits
MODERATE
The bill was renumbered from HB 55.1 to HB0055.2 and updated to reflect the 69th Legislature session. Substantive changes include clarifying that fees collected by the 'COMMISSION' (rather than the department) must be deposited into a special revenue fund. Additionally, the timeline for reviewing public plans was adjusted to require a 'COMPLETE' plan before the 120-day review period begins, and the public comment period was explicitly set to a minimum of 60 days.
Scope change
The bill's scope was clarified to apply specifically to the COMMISSION regarding fee collection, and the applicability of the public review timeline now depends on receiving a complete plan.
FISCAL
Clarified that fees collected by the COMMISSION (previously the department) must be deposited into a special revenue fund.
REQUIREMENT
Added a requirement that the 120-day review period for plans only begins after a COMPLETE plan is received.
Changed the language regarding public meetings from 'may provide' to 'SHALL provide', making them mandatory.
TIMELINE
Explicitly confirmed the public comment period is a minimum of 60 days.
HB0055_2(22).pdf→HB0055_1(8).pdf·5 edits
MODERATE
The bill updates the legislative version number and removes a redundant word from the header. It clarifies that department fees must be deposited into a special revenue fund without specifying a separate commission, and it removes the word 'COMPLETE' from the deadline trigger for reviewing energy plans. Additionally, the public comment period is set at a minimum of 45 days, and the commission's ability to hold public meetings is changed from optional to mandatory.
Scope change
The bill's scope remains focused on energy resource planning, but the requirements for public engagement and fund management have been adjusted.
TECHNICAL
Updated the bill version number from HB0055.2 to HB 55.1 and removed redundant text in the header.
FISCAL
Removed the word 'COMMISSION' to clarify that all specified fees collected by the department must be deposited into a special revenue fund.
TIMELINE
Removed the word 'COMPLETE' from the deadline trigger, meaning the commission must begin reviewing a plan within 120 days of receipt regardless of its completion status.
REQUIREMENT
Changed the public comment period requirement from a minimum of 60 days to a minimum of 45 days.
Changed the provision for public meetings from 'may' (optional) to 'shall' (mandatory), requiring the commission to hold meetings in accordance with existing rules.
HB0055_3.pdf→HB0055_2(21).pdf·5 edits
MODERATE
The bill was renumbered from HB 55.3 to HB 55.2. It establishes a new special revenue account for an independent evaluator within the Department of Environmental Quality, funded by specific fees and interest. The bill also amends existing statutes to clarify fee limits, requiring most fees to stay under $500, and mandates that certain fees be deposited into the new account. Additionally, it updates requirements for public utility integrated least-cost plans, including new content requirements and provisions for recovering consultant review costs from utilities.
Scope change
The bill's scope expanded to include the creation of a dedicated funding mechanism for an independent evaluator and updated the scope of fee assessments and plan requirements for public utilities.
FISCAL
Created a new special revenue account for an independent evaluator funded by specific fees and interest income.
Added a provision allowing utilities to recover the costs of independent consultant reviews used to evaluate their plans through rate charges.
REQUIREMENT
Amended fee statutes to set a general cap of $500 for most fees and required specific fees to be deposited into the new account.
Updated public utility planning requirements to include specific forecast data, reserve margin assessments, and renewable energy scenarios.
The bill was reorganized and simplified to clarify how public utilities must plan for energy needs and manage costs. Key changes include replacing a requirement for two public meetings with a streamlined process where the commission can hold meetings if necessary, and establishing a new special revenue account to fund independent evaluators who oversee competitive bidding for energy resources. The fee cap for certain services was increased to $500, and new rules require utilities to submit detailed data and alternative scenarios in their energy plans.
Scope change
The scope of public participation shifted from a mandatory two-meeting requirement to a flexible system where the commission determines if meetings are needed, and the bill now explicitly funds an independent evaluator to oversee utility bidding processes.
REQUIREMENT
Changed the public meeting requirement from a mandatory two meetings to a flexible process where the commission may hold meetings if needed.
Increased the maximum fee for certain commission services from an unspecified amount to $500.
Required utilities to submit detailed data, assumptions, and at least two alternate scenarios in their energy planning documents.
FISCAL
Created a new special revenue account to collect fees and fund independent evaluators who oversee utility competitive bidding.
This bill amends utility planning rules to require public utilities to hold more public meetings and allows the Department of Environmental Quality to comment on resource plans. It also mandates the use of an independent third-party evaluator to oversee competitive bidding for electricity resources, ensuring fair and transparent processes.
Scope change
The bill expands the scope of public participation in utility planning and introduces a new requirement for independent oversight of competitive solicitation processes.
REQUIREMENT
Utilities must now hold at least four public meetings when developing plans, up from two, to better serve diverse stakeholders.
The Department of Environmental Quality and consumer counsel are now explicitly authorized to review and comment on utility resource plans.
Utilities are prohibited from preventing qualifying small power production facilities from participating in competitive solicitation processes.
ENFORCEMENT
A new independent evaluator must be selected to oversee competitive bidding processes to ensure fairness and transparency.
HB0055_2(16).pdf→HB0055_2(17).pdf·1 edit
MINOR
The bill's sponsor list was updated to reflect that Representative G. Parry is the sole introducer, removing the co-introducer L. Bennett. This is a procedural change to the bill's header and does not alter the substantive policy, scope, or requirements of the legislation.
TECHNICAL
Removed the name L. Bennett from the list of bill sponsors.
HB0055_2(13).pdf→HB0055_2(14).pdf·1 edit
MINOR
The bill's sponsor list was expanded to include L. Bennett alongside the original sponsor, G. Parry. This change reflects a collaborative introduction of the legislation rather than a substantive policy shift.
TECHNICAL
Added L. Bennett as a co-sponsor to the bill introduction.
HB0055_1(7).pdf→HB0055_2(13).pdf·4 edits
MODERATE
The bill updates its official title and version number, clarifies that fees collected by the 'COMMISSION' must be deposited in a special revenue fund, and modifies public engagement requirements. Specifically, the commission must now review a 'COMPLETE' plan within 120 days and is required to hold public meetings, changing from a discretionary option to a mandatory action.
Scope change
The bill's scope is narrowed to apply specifically to the 'COMMISSION' regarding fee collection, and the applicability of public meetings is expanded to be mandatory rather than optional.
DEFINITION
Added the word 'COMMISSION' to clarify which entity is responsible for collecting and depositing specific fees.
REQUIREMENT
Changed the requirement for public meetings from a discretionary option ('may') to a mandatory action ('SHALL').
TIMELINE
Added the condition that the 120-day review period applies only after receiving a 'COMPLETE' plan.
TECHNICAL
Corrected a line break error in the public comment period text, ensuring it reads '60 days' instead of '60 45 days'.
HB0055_2(12).pdf→HB0055_1(7).pdf·3 edits
MINOR
The bill was renumbered from HB 55.2 to HB 55.1 and underwent several substantive edits regarding fee management and public engagement. The most significant change removes the word 'COMMISSION' from a fee collection clause, likely to correct a reference error. Additionally, the deadline for reviewing public plans was shortened from 120 days to 120 days (no change in duration, but the text was cleaned up), and the minimum public comment period was reduced from 60 days to 45 days, accelerating the review process.
Scope change
The bill's scope remains focused on the same department and fee structures, but the procedural timeline for public comment has been shortened.
REQUIREMENT
Removed the word 'COMMISSION' from a fee collection clause to correct a likely reference error.
TIMELINE
Reduced the minimum public comment period for plan reviews from 60 days to 45 days.
TECHNICAL
Cleaned up inconsistent spacing and formatting in the text regarding plan review deadlines.
HB0055_1(6).pdf→HB0055_2(12).pdf·4 edits
MODERATE
The bill updates its official title to reflect the 69th Legislature and changes the bill number from HB 55.1 to HB0055.2. Substantive policy changes include clarifying that fees collected by the 'commission' (rather than the 'department') must be deposited in a special revenue fund. Additionally, the timeline for reviewing public plans was tightened to 120 days, and the requirement for public meetings was strengthened from 'may' to 'shall', ensuring mandatory public engagement.
Scope change
The bill's scope is technically adjusted to apply specifically to the 'commission' instead of the 'department' regarding fee collection, and the bill number is updated to HB0055.2.
DEFINITION
Added the word 'COMMISSION' to clarify that fees collected by the commission, not the department, must be deposited in the special revenue fund.
TIMELINE
Added the word 'COMPLETE' to specify that the commission must review plans within 120 days of receiving a complete submission.
REQUIREMENT
Changed the public comment period from a minimum of 45 days to a minimum of 60 days.
Changed the provision for public meetings from optional ('may') to mandatory ('shall').
HB0055_2(11).pdf→HB0055_1(6).pdf·4 edits
MODERATE
The bill was renumbered from HB 55.2 to HB 55.1, and several substantive text changes were made to clarify how fees are handled and to adjust public engagement requirements. The most significant change involves removing the word 'COMMISSION' from a fee collection clause, likely to correct a reference error. Additionally, the public comment period for plans was reduced from 60 days to 45 days, and a requirement for the commission to provide public meetings was removed, giving the agency more flexibility in how it solicits feedback.
Scope change
The bill's scope remains focused on the same legislative session and subject matter, but the specific procedural requirements for the commission have been narrowed regarding public meetings.
REQUIREMENT
The public comment period for submitted plans was shortened from a minimum of 60 days to a minimum of 45 days.
The mandatory requirement for the commission to hold public meetings was removed, changing it to a permissive option.
TECHNICAL
The word 'COMMISSION' was removed from a fee collection clause, likely to fix a reference or redundancy error.
The bill number was updated from HB 0055.2 to HB 55.1.
HB0055_2(3).pdf→HB0055_2(4).pdf·1 edit
MINOR
The bill underwent minor formatting adjustments, including a slight indentation change in the section header and the addition of a space between a statute number and the word 'pursuant'. These changes do not alter the bill's legal meaning, scope, or policy requirements.
TECHNICAL
Formatting adjustments were made to the section header and statute citations, including correcting spacing in the reference to section 69-3-1207.
HB0055_1(5).pdf→HB0055_2.pdf·3 edits
MINOR
The bill updates the legislative header to reflect a new version number and clarifies that the 'department' is now referred to as the 'COMMISSION'. It also modifies the public comment period for energy plans, allowing for a minimum of 60 days instead of 45, and changes public meetings from optional to mandatory. These changes aim to standardize terminology and increase public engagement in the planning process.
Scope change
The bill's scope remains focused on energy resource planning, but the applicability of the public meeting requirement has expanded from optional to mandatory.
DEFINITION
The term 'department' was changed to 'COMMISSION' to ensure consistent terminology throughout the bill.
TIMELINE
The minimum public comment period for energy plans was increased from 45 days to 60 days.
REQUIREMENT
Public meetings for energy plans are now required ('SHALL') rather than optional ('may').
LC0237.pdf→HB0055_1.pdf·3 edits
MINOR
The bill was renumbered from LC 0237 to HB 55 and introduced by G. Parry. A key substantive change involves the funding structure for the independent evaluator account, where the requirement for legislative appropriations was removed and replaced with a mandatory 'and' to ensure all interest and income are deposited. Additionally, the bill now explicitly amends Section 69-3-1205 of the Montana Code Annotated.
Scope change
The bill's scope remains focused on the independent evaluator contracting special revenue account, but the funding mechanism has been altered by removing the explicit requirement for legislative appropriations.
FISCAL
Removed the requirement for legislative appropriations to be deposited into the independent evaluator account, while maintaining the requirement to deposit fees and interest.
TECHNICAL
Added a specific amendment instruction to modify Section 69-3-1205 of the Montana Code Annotated.
Updated bill identification from LC 0237 to HB 55 and added the primary sponsor name.
