CCS HS SS#2 SCS SB 984 & 985 -- ENVIRONMENTAL REGULATION

This bill makes numerous changes to laws regarding environmental
regulation.

DRINKING WATER

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

The bill also gives landowners the same rights as resident voters
in procedures for water district formation, consolidation,
dissolution, and territory annexation and detachment.  The bill
reduces the minimum time period between the final public notice
and the public hearing for a proposed district formation or
dissolution from 15 to seven days, increases the majority by
which voters must approve dissolutions from four-sevenths to
two-thirds, and clarifies other notice and procedural
requirements.  Petitions for the dissolution of a district must
include a detailed plan for the payment of all debt and
obligations and will be dismissed at the cost of the petitioners
if they cannot prove that all debts and financial obligations of
the district can be paid.

BONDS FOR WATER AND SEWER PROJECTS

In addition to amounts authorized prior to August 28, 2003, the
bill 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).

SEWER SERVICES

The bill establishes procedures for sewer districts in Butler
County to develop agreements with the City of Poplar Bluff to
provide sewer service in annexed areas that were not receiving
sewer service at the time of annexation.  The bill also requires
that the Department of Natural Resources regulate non-profit
sewer companies in the same manner as other non-profit
corporations providing sewer services.

CLEAN WATER COMMISSION

The bill 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 to evaluate permit
requirements and potential impacts on water quality, solicit
public comments, and conduct public hearings if requested.
Facility operators that materially violate general permit
requirements may be required to obtain a site-specific permit.

The bill also requires any listing of impaired waters by the
commission to be adopted by rule and prohibits the department
from requiring total maximum daily loads for waters that meet
water quality standards.

RENEWABLE FUELS

The bill requires the Department of Transportation to develop and
implement a program by October 1, 2003, to use biodiesel fuel
blends in its vehicle fleet and heavy equipment.  The fuel must
contain at least 20% biodiesel and may not exceed conventional
diesel fuel in price by more than 25 cents per gallon.  Program
goals are to have at least 50% of the department's diesel-fueled
vehicles using biodiesel blends by July 1, 2004, and 75% by July
1, 2005.

The bill also requires the Missouri Qualified Fuel Ethanol
Producer Incentive Fund to be administered on a fiscal year,
rather than calendar year basis, and requires eligible producers
to be majority owned by individuals actively engaged in
commercial agriculture.  Producers who could not receive grants
during their 60-month qualification period because of a lack of
appropriations can extend their eligibility for 24 months or
until they have received the amount they were eligible for during
the original qualification period.

Further, the bill repeals gasoline pump labeling requirements for
oxygenate additives and bans more than trace amounts of methyl
tertiary butyl ether (MTBE) from gasoline after July 31, 2005.

OTHER PROVISIONS

In other provisions, the bill:

(1)  Places the burden of proof on the applicant in appeals of
decisions by the Department of Natural Resources 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;

(2)  Requires power plants with coal-fired cyclone boilers that
also burn tire-derived fuel to limit nitrogen oxide emissions to
80% of the emissions limit required by federal law.  This
provision expires on April 30, 2004, or upon revision of the
pertinent state regulation, whichever occurs later;

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

(4)  Repeals the ban on disposing of microwave ovens in
landfills;

(5)  Establishes procedures for the detachment of territory
within a watershed subdistrict upon voter approval; and

(6)  Exempts registered liquefied petroleum gas retailers and
transporters from liability for injuries resulting from improper
installation or repair of appliances by others.

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