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69th Legislature 2025 SB 201
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AN ACT REVISING CLEANUP LAWS FOR PROPERTIES CONTAMINATED WITH METHAMPHETAMINES
OR FENTANYL; PROVIDING FOR CERTIFICATION OF REMEDIATION CONTRACTORS; REVISING
DECONTAMINATION STANDARDS; PROVIDING DEFINITIONS; AND AMENDING SECTIONS 75-10-1301,
75-10-1302, 75-10-1303, 75-10-1304, 75-10-1305, AND 75-10-1306, MCA.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Remediation certification required -- investigation of complaint -- penalties. (1) A
person may not represent to the public that the person is certified to assess or remediate inhabitable property
or volunteer property contaminated by methamphetamine or fentanyl residues unless the person is certified by
the department under this part.
(2) The department may investigate a complaint or other information received concerning practice
by an uncertified person of activities authorized by this part.
(3) For a person guilty of violating subsection (1), the department may:
(a) for a first offense:
(i) revoke the person's license or certification;
(ii) issue a fine of not more than $1,000; and
(iii) require completion of not less than 16 hours of certification training; and
(b) for a second offense:
(i) revoke the person's license or certification;
(ii) issue a fine of not more than $2,000; and
(iii) require completion of not less than 24 hours of certification training.
Section 2. Decontamination of volunteer property -- verification -- no public list. (1) The
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department shall determine if and verify when a volunteer property has met all decontamination requirements
pursuant to 75-10-1303.
(2) The department may not list any volunteer properties on a publicly accessible website or other
locations.
Section 3. Section 75-10-1301, MCA, is amended to read:
"75-10-1301. Finding and purpose. The legislature finds that some properties are being
contaminated with hazardous chemical residues created by the manufacture of methamphetamine and fentanyl
or the smoke from the use consumption of methamphetamine or fentanyl. Innocent members of the public may
be harmed when they are unknowingly exposed to these residues if the properties are not decontaminated prior
to any subsequent rental, sale, or use of the properties. Remediation of properties has been frustrated by the
lack of a decontamination standard. The purpose of this part is to protect the public health, safety, and welfare
by providing specific cleanup standards and authorizing the department to establish a voluntary program that
will provide for a property decontamination process that will meet state standards."
Section 4. Section 75-10-1302, MCA, is amended to read:
"75-10-1302. Definitions. Unless the context requires otherwise, in this part, the following definitions
apply:
(1) " Certified contractor" means any person or company certified by the department to perform the
assessment or remediation of inhabitable property or volunteer property contaminated by methamphetamine or
fentanyl residues pursuant to 75-10-1304.
(2) "Department" means the department of environmental quality provided for in 2-15-3501.
(2)(3) (a) "Inhabitable property" means any building or structure used as a clandestine
methamphetamine or fentanyl drug lab or that has been contaminated with hazardous chemical residues from
smoke from the use consumption of methamphetamine or fentanyl that is intended to be primarily occupied by
people, either as a dwelling or a business, including a storage facility, or mobile home, or recreational vehicle,
that may be sold, leased, or rented for any length of time.
(b) The term does not mean any water system, sewer system, land, or water outside of a building
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or structure described in subsection (2)(a) (3)(a).
(3)(4) "Surface material" means any porous or nonporous substance common to the interior of a
building or structure, including but not limited to ceilings and walls, window coverings, floors and floor
coverings, counters, furniture, heating and cooling duct work, and any other surfaces to which inhabitants of the
building or structure may be exposed.
(5) "Volunteer property" means an inhabitable property meeting the following criteria:
(a) the property owner has become aware of contamination with hazardous chemical residues
from consumption of methamphetamine or fentanyl;
(b) the property has not been reported by law enforcement pursuant to 75-10-1306(1); and
(c) the property owner has elected to follow processes to meet the decontamination standard in
75-10-1303 to receive certification from the department that the decontamination standard has been met."
Section 5. Section 75-10-1303, MCA, is amended to read:
"75-10-1303. Decontamination standards -- rulemaking authority -- samples. (1) The
decontamination standard for methamphetamine inside methamphetamine inside inhabitable property is less
than or equal to 1.5 micrograms of methamphetamine per for each 100 square centimeters of surface material
unless a different standard is adopted by the department by rule to protect human health. The department:
(a) shall adopt standards by rule for the decontamination of fentanyl inside inhabitable property;
and
(b) may adopt standards by rule for precursors to methamphetamine and fentanyl that are
consistent with the standard standards for methamphetamine and fentanyl.
(2) (a) The department may by rule establish the number and locations of surface material
samples to be collected based on the circumstances of the contamination and acceptable testing methods.
(b) In the absence of a rule described in subsection (2)(a), at least three six samples must be
collected from the surface material most likely to be contaminated at each property, including at least three
samples from the heating, ventilation, and air conditioning systems at each property if present."
Section 6. Section 75-10-1304, MCA, is amended to read:
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"75-10-1304. Contractor certification -- department authority. (1) The department is authorized to
shall establish by rule minimum standards for the training and certification of contractors and their employees
who are to perform the assessment or remediation of inhabitable property contaminated by methamphetamine
or fentanyl residues or other dangerous drug residues.
(2) The department may may train and test or may may approve courses to train and test
contractors and their employees in the proper methods of assessing, remediating, and testing inhabitable
property contaminated by methamphetamine residues or fentanyl residues. If the department conducts the
training and testing of contractors and their employees, it may adopt rules to provide for the assessment of
reasonable fees to cover the state's costs of providing the training and testing.
(3) The department shall establish by rule procedures for the certification of contractors and their
employees, including procedures for the decertification of contractors and their employees for cause. The rules
may provide for the assessment of reasonable fees to cover the cost of the contractor certification program.
(4) Any contractor and the contractor's employees certified to perform the remediation of
inhabitable property in any other state are approved for certification in Montana unless the department
determines that the certification process in the other state is not substantially similar to theminimum certification
standards established by the department must complete refresher training by the department or a department-
approved training provider to qualify for certification in Montana.
(5) The department shall maintain a list of certified contractors and shall make the list available to
local health officials, law enforcement officials, and the public."
Section 7. Section 75-10-1305, MCA, is amended to read:
"75-10-1305. Occupant notice by owner of inhabitable property -- immunity. (1) An owner of
inhabitable property that is known by the owner to have been used as a clandestine methamphetamine or
fentanyl drug lab or that has been contaminated from smoke from the use consumption of methamphetamine or
fentanyl shall notify in writing any subsequent occupant or purchaser of the inhabitable property of that fact if
the inhabitable property has not been remediated to the standards established in 75-10-1303 by a contractor
who is certified in accordance with 75-10-1304 certified contractor.
(2) An owner or an owner's agent referred to in subsection (1) may provide notice to a subsequent
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occupant or purchaser that the owner or the owner's agent has submitted:
(a) documentation to the department by a certified contractor who is certified pursuant to 75-10-
1304that the inhabitable property has been remediated to the standards established in 75-10-1303; or
(b) documentation by a certified contractor that the property meets the decontamination standards
without decontamination.
(3) Notice as required or authorized in this section must occur before agreement to a lease or sale
of the inhabitable property.
(4) If the department has confirmed that the decontamination standard provided for in 75-10-1303
has been met and if notice has been given as provided in subsections (2) and (3), the owner and the owner's
agent are not liable in any action brought by a person who has been given notice that is based on the presence
of methamphetamine in an inhabitable property."
Section 8. Section 75-10-1306, MCA, is amended to read:
"75-10-1306. Reporting requirements. (1) Whenever a state or local law enforcement agency
becomes aware that an inhabitable property has been contaminated by its use as a clandestine
methamphetamine or fentanyl drug lab, the agency shall report the contamination to the department and to the
local health officer.
(2) The department shall maintain a list of inhabitable property that has been reported as
contaminated, and the list must be made available to the public through a website except as provided in
subsection (3).
(3) Upon confirmation by the department that an inhabitable property has been properly
remediated to the standards established in 75-10-1303 or that the inhabitable property meets the
decontamination standards without decontamination, the department shall remove the inhabitable property from
the list required in subsection (2). The department shall provide written notification to the local health officer and
the property owner of record when the documentation shows that the inhabitable property has been properly
assessed or remediated.
(4) The department may adopt rules establishing reasonable requirements for the sufficiency of
documentation to be provided by a certified contractor.
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(5) Notwithstanding any other provision of law, once an inhabitable property has been removed
from the list required in subsection (2), a property owner, landlord, or real estate agent is not required to report
or otherwise disclose the past contamination."
Section 9. Codification instruction. [Sections 1 and 2] are intended to be codified as an integral
part of Title 75, chapter 10, part 13, and the provisions of Title 75, chapter 10, part 13, apply to [sections 1 and
2].
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I hereby certify that the within bill,
SB 201, originated in the Senate.
___________________________________________
Secretary of the Senate
___________________________________________
President of the Senate
Signed this _______________________________day
of____________________________________, 2025.
___________________________________________
Speaker of the House
Signed this _______________________________day
of____________________________________, 2025.
SENATE BILL NO. 201
INTRODUCED BY V. RICCI
AN ACT REVISING CLEANUP LAWS FOR PROPERTIES CONTAMINATED WITH METHAMPHETAMINES OR
FENTANYL; PROVIDING FOR CERTIFICATION OF REMEDIATION CONTRACTORS; REVISING
DECONTAMINATION STANDARDS; PROVIDING DEFINITIONS; AND AMENDING SECTIONS 75-10-1301,
75-10-1302, 75-10-1303, 75-10-1304, 75-10-1305, AND 75-10-1306, MCA.