HCS HB 980 -- ENVIRONMENTAL RULES

SPONSOR:  Myers

COMMITTEE ACTION:  Voted "do pass" by the Committee on
Agriculture by a vote of 24 to 2.

This substitute requires after the effective date of the
substitute that all rules promulgated or amended by the
Department of Natural Resources and certain related boards and
commissions that prescribe environmental conditions or standards
cite the specific section of law or legal authority for the rule.
The rule must also be based on a regulatory impact report.  The
substitute outlines the criteria for the report which must be
published in a qualified newspaper and posted on the agency,
board, or commission's web site.  Sixty days must be allowed for
public comment before promulgating the rule.  The report must be
filed with the Joint Committee on Administrative Rules.  Rules
may be adopted within certain limitations without a regulatory
impact report if immediate action is necessary to protect human
health, public welfare, or the environment.  Rules may also be
adopted that are equivalent to federal rules.

FISCAL NOTE:  Estimated Net Effect on General Revenue Fund of $0
in FY 2005, $0 to a cost of Unknown in FY 2006, and $0 to a cost
of Unknown in FY 2007.  Could exceed $100,000 per year.
Estimated Net Effect on Other State Funds of $0 in FY 2005, $0 to
a cost of Unknown in FY 2006, and $0 to a cost of Unknown in FY
2007.

PROPONENTS:  Supporters say that the bill creates consistency in
environmental rulemaking, thereby attracting new and retaining
businesses.

Testifying for the bill were Representative Myers; Missouri
Chamber of Commerce and Industry; Associated Industries of
Missouri; St. Louis Regional Chamber and Growth Association;
Missouri Farm Bureau; Missouri Soybean Association; Missouri Corn
Growers Association; and Missouri Cattlemens Association.

OPPONENTS:  Those who oppose the bill say that it provides
multiple opportunities for litigation.  Missouri is last in per
capita spending on environmental protection.

Testifying against the bill was Sierra Club.

OTHERS:  Others testifying on the bill say the goals of the bill
have already been accomplished.  The Petroleum Storage Tank
Insurance Fund should not be included in the bill.  The
Regulatory Impact Report lays out minimum inclusions to be
addressed for all rulemaking by the various commissions.

Others testifying on the bill were Department of Natural
Resources; Norella Huggins, Hazardous Waste Commission; and Carol
Eighmey, Petroleum Storage Tank Insurance Fund.

Roland Tackett, Legislative Analyst

Missouri House of Representatives
92nd General Assembly, 2nd Regular Session
Last Updated September 23, 2004 at 11:14 am