SS#2 SCS SB 984 & 985 -- DEPARTMENT OF NATURAL RESOURCES

SPONSOR:  Steelman (Merideth)

COMMITTEE ACTION:  Voted "do pass" by the Committee on
Environment and Energy by a vote of 16 to 0.

Drinking water primacy fees will expire on September 1, 2002.
This substitute extends the fees to September 1, 2007.

The substitute also requires the Clean Water Commission to
develop a general permit for the operation of aquaculture
facilities, with annual fees capped at $250.  In developing the
permit, the Department of Natural Resources will meet with
applicants and the public to evaluate permit requirements and
potential impacts on water quality and will conduct public
hearings if requested.  Facility operators that materially
violate general permit requirements may be required to obtain a
site-specific permit.

In addition to amounts authorized prior to August 28, 2003, the
substitute authorizes the Board of Fund Commissioners to issue
bonds for grants and loans pursuant to several sections of
Article III of the Missouri Constitution.  The authorizations are
for:

(1)  $10 million of bonds for water pollution control, drinking
water system improvements, and storm water control pursuant to
Section 37(e);

(2)  $10 million of bonds for rural water and sewer projects
pursuant to Section 37(g); and

(3)  $20 million of bonds for storm water control plans, studies,
and projects in first classification counties and the City of St.
Louis pursuant to Section 37(h).

In other provisions, the substitute:

(1)  Requires any listing of impaired waters by the Clean Water
Commission to be adopted by rule;

(2)  Limits civil penalties for violations of the Clean Water Law
by political subdivisions to the actual cost of remediating the
violation;

(3)  Requires that notices of delinquency for sewer services
provided by cities or sewer districts be sent to both the
occupant and the owner of the affected property;

(4)  Places the burden of proof on the applicant in appeals of
decisions by the department or its commissions involving permit
denials and places the burden of proof on the department or the
commission that made the original decision in all other appeals;
and

(5)  Clarifies that air emission reduction credits in the current
air emissions bank may be traded.

FISCAL NOTE:  Estimated Income to Safe Drinking Water Fund of
$2,000,000 in FY 2003, $2,400,000 in FY 2004, and $2,400,000 in
FY 2005.

PROPONENTS:  Supporters say that extending the drinking water
fees is necessary to retain state primacy in the enforcement of
drinking water law.  The substitute also authorizes additional
bonds for storm water, drinking water, and wastewater treatment,
and establishes a reasonable permitting procedure for aquaculture
facilities.

Testifying for the bill were Senator Steelman; Missouri Rural
Water Association; Associated Industries of Missouri; and
Missouri Chamber of Commerce.

OPPONENTS:  There was no opposition voiced to the committee.

Terry Finger, Senior Legislative Analyst

Missouri House of Representatives
Last Updated October 11, 2002 at 9:04 am