SS#2 HCS HB 980 -- ENVIRONMENTAL RULES

This bill requires that after the bill's effective date 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 criteria for the report
which must be published in a qualified newspaper and posted on
the agency, board, or commission's web site is outlined.  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.

The department may not include in a permit any requirement not
codified by regulation or statute and is required to submit all
permits to the applicants in ample time for their final review
before public comment.  If the department denies a permit, the
basis for the denial is required to be clearly stated; and once a
permit is issued, it may not be modified or revoked without the
permission of the applicant for one year, unless the department
determines that action is necessary to protect human health,
public welfare, or the environment.

The bill prohibits the use of moneys in the Water and Wastewater
Loan Fund, Water Pollution Permit Fee Subaccount of the Natural
Resources Protection Fund, Water and Wastewater Loan Revolving
Fund, or any state revolving fund established for purposes of the
federal Clean Water Act or the federal Safe Drinking Water Act to
pay any portion of a refund pursuant to Article X, Section 18, of
the Missouri Constitution.  After August 28, 2004, the portion of
any refund required of the department pursuant to that section is
to be identified by the department and transferred to the General
Revenue Fund.

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