MT HB703

Exempts the department and local building departments from Montana Environmental Policy Act (MEPA) requirements to analyze greenhouse gas emissions from covered appliances (as defined by 42 U.S.C. 6292) when adopting or enforcing state, county, city, or town building codes.

Removes the requirement for the department to analyze greenhouse gas emissions beyond Montana's borders from new motor vehicles, motor vehicle engines, nonroad engines, and nonroad vehicles.

Justifies exemptions by citing federal preemption under the Clean Air Act (42 U.S.C. 7543) and Energy Policy and Conservation Act, arguing states lack authority to regulate these emission sources.

References recent court cases including California Restaurant Association v. City of Berkeley (9th Cir. 2024) and City of New York v. Chevron Corp. (2d Cir. 2021) as legal basis for the exemptions.