HCS HB 215, 218, 115 & 83 -- ENVIRONMENTAL REGULATION

SPONSOR:  Townley (Myers)

COMMITTEE ACTION:  Voted "do pass" by the Committee on
Conservation and Natural Resources by a vote of 17 to 3.

The waste tire fee will expire on January 1, 2004.  This
substitute extends the fee to January 1, 2009.

The substitute also prohibits most rules of the Department of
Natural Resources on clean air, clean water, underground storage
tanks, hazardous waste management, surface mining, land
reclamation, safe drinking water, and solid waste management from
being stricter than the scope of state requirements as of August
28, 2003.

In cases where there are either insufficient or no existing state
guidelines, the department may develop more restrictive rules if
there is substantial evidence that an activity will have an
adverse impact on public health or the environment and that a
rule is necessary to prevent or alleviate the impact.  Specific
findings on the impact and a justification for the proposed rule
must be published in the Missouri Register.  The rule's fiscal
note must also include an assessment of the effectiveness and
cost of any reasonably available pollution control methods
required by the rule.  The department may adopt emergency rules
if there is an immediate threat to human health or the
environment, but must provide the required findings and
justification within 180 days.  To promulgate a rule that
pertains only to a specific defined area of the state, the
department must hold a hearing within the local area.

The substitute also allows only directly affected parties to
appeal decisions of the director of the department to the
appropriate board or commission.  Current law allows appeals by
any affected parties.

Further, the substitute prohibits the department from issuing a
notice of violation or imposing a fine for failure to file a
required permit report on time until the department has made a
reasonable attempt to notify the permit holder about the
delinquent report by registered mail and allowed 30 days for the
report to be filed.  Notification is not required for permit
holders who have previously failed to file two or more reports on
time within the past year or four or more reports on time in the
last five years.  The substitute also limits fines for failure to
file reports on time to $500 for first violations.

FISCAL NOTE:  Estimated Net Effect on General Revenue Fund of
$139,626 to Unknown in FY 2004, $151,626 to Unknown in FY 2005,
and $155,526 to Unknown in FY 2006.  Cost to Department of
Natural Resources Dedicated Funds is Unknown in FY 2004, FY 2005,
and FY 2006.  Income to Solid Waste Management Fund of $1,038,052
in FY 2004, $2,076,104 in FY 2005, and $2,076,104 in FY 2006.

PROPONENTS:  Supporters of HB 215 say that the bill requires
reasonable justification for new rules.  These procedures will
allow for adequate environmental protection while preventing the
proliferation of unnecessary and costly pollution control
standards.  The bill will also ensure that environmental
standards are applied consistently.

Supporters of HB 218 say that currently, business owners may be
harshly penalized if they fail to file a required report, even if
the failure is unintentional.  The bill requires the Department
of Natural Resources to notify the owner about the overdue report
and places reasonable limits on fines if the owner fails to
respond.

Supporters of HB 115 and HB 83 say that waste tires are an
environmental and health hazard, and the waste tire fee has been
successfully used to clean up illegal waste tire sites, prevent
further illegal dumping, and develop markets for products made
from waste tires.  The fee is nominal and should be continued.

Testifying for HB 215 were Representative Myers; Associated
Industries of Missouri; Missouri Farm Bureau; Missouri Chamber of
Commerce; Missouri Egg Council; St. Louis Regional Commerce and
Growth Association; Missouri Concrete Association; Missouri
Mining Council; Chemical Council of Missouri; Missouri Pork
Producers Association; and City of Mountain View.

Testifying for HB 218 were Representative Myers; and Missouri
Chamber of Commerce.

Testifying for HB 115 and HB 83 were Representatives Myers and
Bland; Department of Natural Resources; M.A. Associates; Missouri
Retailers Association; Rod Thomas; and Sierra Club.

OPPONENTS:  Those who oppose HB 215 say that the bill sets a
justification standard that is nearly impossible to reach and
makes environmental rules subject to a different standard than
other rules.  The required procedures will increase litigation
and severely restrict progress in addressing increasing
environmental problems.

Testifying against HB 215 were Table Rock Lake Water Quality,
Inc.; Land, Water, and Home Preservation Association; Terry
Spence; James Godfrey; Missouri Coalition for the Environment;
Diocese of Jefferson City; Missouri Farmers Union; Department of
Natural Resources; Office of the Attorney General; Representative
Harris (110); Missouri Votes Conservation; and Sierra Club.

There was no opposition voiced to the committee on HB 218, HB
115, or HB 83.

Other witnesses testifying on 215 was Upper White River Basin
Foundation.

Other witnesses testifying on HB 218 was Department of Natural
Resources.

Terry Finger, Senior Legislative Analyst

Missouri House of Representatives
Last Updated July 25, 2003 at 10:11 am