HCS HB 824 -- ENVIRONMENTAL REGULATIONS

SPONSOR:  Hobbs

COMMITTEE ACTION:  Voted "do pass" by the Committee on
Conservation and Natural Resources by a vote of 12 to 0.

Any air contaminant source required to obtain a permit annually
pays a fee per ton of regulated air contaminant emitted.
Currently, the minimum and maximum limits for per ton fees may be
adjusted annually.  This substitute specifies that the fee will
be limited to not less than $25 and not more than $40 per ton of
regulated air contaminant.

The substitute clarifies that the Land Reclamation Commission
will have no authority to regulate the excavation of minerals or
fill dirt at the site of an excavation.  No public entity,
private person, or contractor or subcontractor to a public entity
or private person will be required to obtain a permit for the
purpose of moving minerals or fill dirt within the confines of
real property where excavation occurs.  Any private person,
lessor, public entity, contractor, or subcontractor engaged in
land improvement involving the displacement, moving, or removal
of minerals and fill dirt may be required to obtain a surface
mining permit in accordance with a determination by the
commission.

Additionally, the substitute allows any person or entity involved
or affected by a finding, decision, order, or assessment by the
Hazardous Waste Management Commission, Land Reclamation
Commission, Safe Drinking Water Commission, Air Conservation
Commission, or Clean Water Commission to have an appeals hearing
before the Administrative Hearing Commission if they file a
petition within 30 days after receiving notice of the judgment.
If a party filing an appeal prevails in the dispute, that party
is entitled to interest on any amount wrongfully collected or
erroneously paid.  However, the authority to render a final
decision after an appeals hearing remains with the Administrative
Hearing Commission.  A commission issuing a final order or
decision will have the burden of proof, except in cases involving
the denial of a permit, license, or registration, in which case
the burden is on the applicant.  Appropriations will be made from
the respective funds of the various commissions to cover the
Administrative Hearing Commission's expenses of any appeal.

FISCAL NOTE:  No impact on state funds in FY 2006, FY 2007, and
FY 2008.

PROPONENTS:  Supporters say that the bill establishes the minimum
and maximum amounts the Department of Natural Resources may
charge for air contaminant fees per ton and prohibits the funds
from being transferred to general revenue.

Testifying for the bill were Representative Hobbs; and Missouri
Chamber of Commerce and Industry.

OPPONENTS:  There was no opposition voiced to the committee.

OTHERS:  Others testifying on the bill say that it limits the
annual fee adjustment to the federal Consumer Price Index.

Others testifying on the bill was Department of Natural
Resources.

Kristina Jenkins, Legislative Analyst

Missouri House of Representatives
93rd General Assembly, 1st Regular Session
Last Updated August 25, 2005 at 1:20 pm