SB 232: A Good Step Towards Government Accountability

by Derf Johnson

Meic

frequently uses Montana’s Constitution and laws in order to effect positive change. Beyond the Constitutional right to a clean and healthful environment, Montanans are also guaranteed the right to participate in governmental decisionmaking and to inspect government documents. These rights are part and parcel to MEIC’s work in holding the government and industry accountable for impacts to our environment.

MEIC has successfully used Montana’s robust “right to know” law on countless occasions, and is one of the lead organizations in defending and championing this right. However, one of the major problems associated with this constitutional right (and corresponding set of statutes) is that, until recently, the government did not have to provide public documents by an established deadline. Instead, the government had to provide documents in a “timely” manner, an ambiguous and subjective term which often led to large delays in receiving critical information that would have, for example, assisted the public in better understanding a potential permit approval in advance of a comment deadline or public hearing.

Thankfully, Sen. Janet Ellis (D-Helena) recognized this problem and brought forth SB 232, a bi-partisan change to Montana’s right-to-know law that received overwhelming support and that requires the executive agencies of Montana government comply with deadlines when they receive information requests

(five days for easy requests, 60 days for more complex requests). This accountability tool will help to assure that Montanans receive information within a time period that is appropriate and useful.

More often than not, the timely receipt of public documents is a critical component of public engagement and understanding; a delay in access to documents diminishes our right to know and participate.

MEIC would like to thank Sen. Ellis for her tireless work in getting this legislation passed, as well as her decades of work on behalf of Montana, our Constitution, and our environment.

Clean Energy Bills ( continued from pg. 11)

Good Study Bills That Died

Unfortunately, two good interim study resolutions failed to make it across the finish line. HJ 36, (Rep. Steve Galloway, R-Great Falls) requested an interim committee study emerging energy markets that are developing in the Western U.S. as well as the transmission system that is needed to carry power from Montana to other states. This bill was strongly supported by MEIC because developing energy markets are crucial to decarbonizing the electricity system. The bill failed when the Senate adjourned the session before it had a hearing. The second resolution, HJ 40 (Rep.

Dave Fern, D-Columbia Falls), was defeated despite unanimous support from the PSC. The resolution requested an interim legislative committee study the impact that cryptocurrency has on the energy system and how the state could minimize those impacts during times of peak energy demand. Nearly all types of cryptocurrency operations require enormous amounts of electricity to run the machines, which can be a significant problem when electricity supplies are tight, causing higher energy costs for residential and commercial businesses. Hopefully, both issues will still be studied by an interim committee.