An Act to preserve the ability of Montana
citizens to heat structures by burning firewood.
NEW SECTION. Section 1. Legislative findings. The
legislature finds that:
a. Wood from dead or dying trees is an important natural
resource in Montana;
b. Montana's public and private forests need and benefit from
extraction of dead or dying timber;
c. Burning wood for structural heat uses a renewable resource
that is affordable and carbon neutral;
d. Many Montana citizens are logistically or economically
dependent on burning wood to heat structures. For some, wood
burning may literally mean the difference between survival and
non-survival;
e. Federal regulations that make burning wood to heat
structures more difficult, more expensive, or impossible are
contrary to the needs and best interests the citizens of Montana;
f. In its Compact with the United States, Montana has retained
all police powers. In its Compact with the United States,
Montana did not cede the power to regulate wood burning devices in
Montana to the United States; and
g. The state of Montana intends to fully and exclusively
occupy the regulatory area concerning wood burning for heating
structures.
NEW SECTION. Section 2. Definitions. As used in
[this Act], the following definitions apply.
a. “Structure” means any residence, barn, shop, garage, or
commercial building, or any other building that is not industrial in
nature.
b. “Current limits” means 15 micrograms of particulate per
cubic meter of air.
c. “Wood burning devices” includes wood burning stoves for
heating and cooking, fireplaces, and any other wood burning
apparatus traditionally used in structures.
NEW SECTION. Section 3. Prohibition. No state
agency, political subdivision of the state, or person may adopt or
enforce any regulation upon new wood burning devices that impose
particulate limits more restrictive than current limits.
NEW SECTION. Section 4. Grandfathering. No state
agency, political subdivision of the state, or person may adopt or
enforce any regulation upon wood burning devices that have been
installed and in use prior to January 1, 2015.
NEW SECTION. Section 5. Change of ownership or
use. No state agency, political subdivision of the
state, or person may adopt or enforce any regulation upon wood
burning devices that requires wood burning devices to be disused,
replaced or removed in connection with change of ownership or change
of use use of a structure or property. No governmental
permission for use or occupancy of a property may be made
conditional upon disuse, replacement or removal of one or more wood
burning devices.
NEW SECTION. Section 6. Exception. The provisions
of [this Act] do not apply to regulations adopted and enforced
specifically for fire safety.
NEW SECTION. Section 7. Enforcement. Any state
agency or political subdivision of the state which violates any
provision of [this Act] becomes immediately ineligible to receive
any funds appropriated by the legislature, whether such funds are
appropriated directly or transferred through other agencies.
Any public employee or office holder who violates any provision of
[this Act] is deemed to have satisfied cause for prosecution for
official misconduct under 45-7-401. Any person who violates
any provision of [this Act] is subject to civil suit in which the
court adjudicating the suit may award the plaintiff court costs,
attorney fees, compensatory damages, and punitive damages. If
any employee of the state or any political subdivision of the state
violates any provision of [this Act], that act in violation is
outside the official duties of that employee, is a personal and
private act of the employee, and the employee is not indemnified by
the state or the political subdivision.