BEFORE THE DEPARTMENT OF ENVIRONMENTAL QUALITY

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 17.50.213 pertaining to reimbursement payments for abandoned vehicle removal

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NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT   (MOTOR VEHICLE RECYCLING AND DISPOSAL)

 

TO: All Concerned Persons

 

1. On April 18, 2024, at 10:00 a.m., the Department of Environmental Quality (department) will hold an in-person public hearing in Room 111 of the Metcalf Building, at 1520 E. Sixth Avenue, Helena, Montana, to consider the proposed amendment and adoption of the above-stated rules. Interested parties may also attend the hearing electronically in the following ways:

 

Please click the link below to join the webinar:

https://mt-gov.zoom.us/j/89282371500?pwd=eXpucndEQ1BRNXp6dHdQVEdiVXFZUT09

Passcode: 125097

Or One tap mobile :

    +12063379723,,89282371500#,,,,*125097# US (Seattle)

    +12133388477,,89282371500#,,,,*125097# US (Los Angeles)

Or Telephone:

    Dial(for higher quality, dial a number based on your current location):

    +1 206 337 9723 US (Seattle)

    +1 213 338 8477 US (Los Angeles)

    +1 646 558 8656 US (New York)

Webinar ID: 892 8237 1500

Passcode: 125097

    International numbers available: https://mt-gov.zoom.us/u/keqbP75LAc

 

Or an H.323/SIP room system:

    H.323:

    162.255.37.11 (US West)

    162.255.36.11 (US East)

    69.174.57.160 (Canada Toronto)

    65.39.152.160 (Canada Vancouver)

    Meeting ID: 892 8237 1500

    Passcode: 125097

    SIP: 89282371500@zoomcrc.com

    Passcode: 125097

 

2. The Department of Environmental Quality will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require an accommodation, contact the Department of Environmental Quality no later than 5:00 p.m. on April 8, 2024, to advise us of the nature of the accommodation that you need. Please contact the Department of Environmental Quality at P.O. Box 200901, Helena, Montana 59620-0901; phone (406) 444-1388; fax (406) 444-4386; or e-mail DEQMAR17-441@mt.gov.

 

3. The rule as proposed to be amended is as follows, new matter underlined, deleted matter interlined:

 

            17.50.213 PAYMENT REQUESTS (1) and (2) remain the same.

            (3) The department shall pay each claim at the flat rate of $125 $175 per vehicle removed.

            (4) through (8) remain the same.

 

AUTH:  75-10-503, MCA

IMP:  75-10-532, MCA

 

REASON:  Section 75-10-503(3), MCA, authorizes the department to adopt rules for reimbursement of charges by tow truck drivers for removing abandoned vehicles at the request of law enforcement in accordance with 61-12-401, MCA. ARM 17.50.213 establishes the amount of the reimbursement payment for each abandoned vehicle removed with a valid claim for payment. The money for reimbursement is contained in the junk vehicle fund authorized under 15-1-122(2)(a), MCA.

DEQ proposes to revise ARM 17.50.213(3) to increase the flat rate reimbursement amount from $125 per abandoned vehicle removed to $175 per abandoned vehicle removed. The most recent increase for the removal of abandoned vehicles was in 2019. Since that time, costs of goods and services have continued to rise, fuel and maintenance costs have increased, and the Bureau of Labor and Statistics Consumer Price Index indicates a 2019 $125 reimbursement amount now equates to $153 in 2023. To facilitate an equitable raise in reimbursements, the department proposes to increase the reimbursement slightly above the index rate. During the past legislative session, the department engaged with the Montana Towers Association and other stakeholders on a rate increase that would help offset their costs associated with towing abandoned vehicles.

 

4. Concerned persons may submit their data, views, or arguments either orally or in writing at the hearing.  Written data, views, or arguments may also be submitted to: Loryn Johnson, Department of Environmental Quality, at 1520 E. Sixth Avenue, P.O. Box 200901, Helena, Montana 59620-0901; (406) 444-1388; fax (406) 444-4386; or e-mail DEQMAR17-441@mt.gov, and must be received no later than 5:00 p.m., on April 19, 2024.

 

5.  Nicholas Whitaker, staff attorney for the department, has been designated to preside over and conduct this hearing.

 

6. The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices. Notices will be sent by e-mail unless a mailing preference is noted in the request. Written requests may be mailed or delivered to the contact person in paragraph 4 or may be made by completing a request form at any rules hearing held by the department.

 

7. An electronic copy of this proposal notice is available through the Secretary of State's web site at http://sosmt.gov/ARM/Register. 

 

8. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.

 

9. With regard to the requirements of 2-4-111, MCA, the department has determined that the amendment of the above-referenced rule will not significantly and directly impact small businesses.

 

 

/s/  Sarah Christopherson                           /s/ Christopher Dorrington            

SARAH CHRISTOPHERSON                    CHRISTOPHER DORRINGTON

Rule Reviewer                                            Director

                                                                    Department of Environmental Quality

           

Certified to the Secretary of State March 12, 2024.