SECTION 37.970 - TRANSPARENCY POLICY

Each state department must carry out its duties with full transparency to the public and the public must be able to access any of the department's data or information in a timely fashion. Each department must take a broad interpretation of the Missouri Sunshine Law and must respond accordingly to any request for information, regardless of the format in which the request is made.

SECTIONS 60.670 and 327.272 - DIGITAL CADASTRAL PARCEL MAPPING

This act requires the Office of the State Land Surveyor in the Department of Natural Resources to promulgate rules and regulations establishing minimum standards for digital cadastral parcel mapping. Any map designed and used to reflect legal property descriptions or boundaries for use in a digital cadastral mapping system must comply with such rules, unless the party requesting the map specifies otherwise in writing, the map was designed and in use prior to the promulgation of the rules, or the parties requesting and designing the map already agreed to their contractual terms on the effective date of the rules promulgation.

The practice of land surveying shall include working with positions of the United States Public Land Survey System. It shall also include creating, preparing or modifying electronic or computerized data relative to the performance of certain other surveying activities; however, such acts shall not be exclusive to professional land surveyors unless they affect real property rights.

These sections are identical to SB 621 (2010) and similar to SCS/SB 384 (2009).

SECTION 192.1250 - REAL-TIME WATER QUALITY TESTING

The Department of Health and Senior Services must examine the feasibility of implementing a real-time water quality testing system and report to the General Assembly by December 31, 2010.

SECTION 260.262 - LEAD-ACID BATTERY FEE

The act extends the expiration date from June 30, 2011 to December 31, 2011 for the fee assessed per lead-acid battery sold in the state.

This section is identical to HB 2086 (2010).

SECTION 260.965 - DRY-CLEANERS

Under current law, the state statutes regarding dry-cleaning facility environmental remediation, including payments into the Dry-Cleaning Environmental Response Trust Fund, expire on August 28, 2012. The act extends the expiration date to August 28, 2022.

This section is identical to SB 1040 (2010).

SECTIONS 301.4015 TO 301.4029 - OFF-HIGHWAY VEHICLE USER PERMITS

These sections require a non-Missouri resident to apply for and obtain a permit from the Department of Natural Resources before he or she may operate an off-highway vehicle in the state. The permit fee is $20 and must be paid annually. Certain off-highway vehicles are exempt. Moneys generated from the sale of the permits must be deposited to the credit of the Off-Highway Vehicle User Permit Fund, which is created in the act. The act lists how the money in the fund must be spent, which includes off-highway vehicle-related information and education programs and construction and maintenance of off-highway vehicle trails.

A violation of the permit requirements is an infraction. The act also lists requirements that must be met when applying for a certificate of ownership for an off-highway vehicle.

These sections are similar to HCS/HB 2042 (2010).

SECTIONS 319.130 and 414.072 - MOTOR FUEL SALE AND STORAGE

The Board of Trustees of the Petroleum Storage Tank Insurance Fund must hold at least one public hearing by August 28, 2011 to determine whether to create a training program for underground storage tank operators. The act specifies criteria the board must consider in its decision. If the board decides to create a training program, the program must be developed in collaboration with the Department of Natural Resources, the Department of Agriculture, the board's advisory committee and affected private stakeholders. The training must be provided at no cost to individuals who are required to attend. The Board may contract with third parties to provide the training.

State agencies and political subdivisions must disregard the manufacturer's expiration date on motor fuel pump nozzles, hoses, and hose breakaway equipment and may not issue any fines or penalties for these expiration dates and may only require the replacement of such equipment if they fail inspection.

Automatic volumetric correction devices must be authorized by state statute before they may be required by a state regulation or before federal standards may be adopted by the state.

These sections are similar to SB 885 (2010) and HB 2047 (2010).

SECTION 341.230 - PLUMBING CODE

By August 28, 2013, counties that contain any portion of a water body that runs through or borders a state park or national park must adopt a plumbing code. The code must be at least as stringent as the Uniform Plumbing Code, the International Plumbing Code, or any other nationally recognized plumbing code. Agricultural buildings are exempt from having to comply with the plumbing code.

SECTION 386.210 - PUBLIC SERVICE COMMISSIONERS

The act allows members of the Public Service Commission (PSC) to appear in proceedings of the Federal Energy Regulatory Commission, the Nuclear Regulatory Commission, the Federal Communications Commission or any other federal agency with jurisdiction over a PSC-regulated utility or that could impact utility service in Missouri. The PSC may file or participate in appeals from these same federal commissions or agencies.

This section contains an emergency clause.

SECTION 393.320 - ACQUISITION OF WATER UTILITIES

If a large water utility elects to use the procedures, this section specifies procedures that the Public Service Commission (PSC) must use when determining the ratemaking rate base for a small water utility when such utility is acquired by the large water utility. A small water utility is a utility that provides water or sewer service to 8,000 or fewer customers and a large water utility is a regulated water company that provides water or sewer service to more than 8,000 customers. An appraisal for the sale must be prepared by 3 appraisers who shall be appointed as specified. The PSC may determine the ratemaking rate base for the small utility using options including the purchase price, appraised value, or the rate base in the utility's most recent rate case, if applicable. Any outstanding fees for a water pollution control permit issued by the Department of Natural Resources for the small utility must be resolved prior to sale, or else the outstanding fees become the responsibility of the large utility. New water pollution control permits issued for small utility when acquired by a large utility must include a plan to resolve any outstanding permit compliance issues. The large utility must provide service to all of the customers of the utility being acquired.

This section is similar to HB 2196 (2010).

SECTION 640.085 - DIVISION OF ENERGY

The act transfers the Department of Natural Resources' Division of Energy to the Department of Economic Development. The transfer must be completed by June 30, 2011.

SECTION 640.100 - PUBLIC DRINKING WATER LABORATORY TESTS

Under current law, public water suppliers may request the Department of Natural Resources or the Department of Health and Senior Services to run lab tests of their water samples. The act removes the Department of Natural Resources from this provision. Additionally, current law requires analysis of drinking water samples to be conducted by the Department of Health and Senior Services laboratories, the Department of Natural Resources' laboratories, or other labs certified by the Department of Natural Resources. The act removes the Department of Natural Resources' laboratories from the provision and transfers the authority to certify other labs to the Department of Health and Senior Services.

SECTION 640.116 - EXEMPTION FOR WELL CONSTRUCTION REQUIREMENTS

Water systems that serve charitable or benevolent organizations that do not regularly serve an average of 100 persons or more for at least 60 days of the year and that are not used for a school or day-care are exempt from well construction rules unless the system is a threat to groundwater or public health. Such wells are not exempt from certain rules applicable to multi-family wells. The act lists certain actions that a well owner must take in the event of certain coliform contamination violations.

SECTION 640.128 - NOTIFICATION OF PUBLIC HEALTH RISK

The Department of Natural Resources must immediately notify the local public health authority and the Department of Health and Senior Services if it receives water quality test results voluntarily submitted by a permitted entity that indicate a risk to public health.

SECTION 640.850 - DEPARTMENT PLAN TO TRANSFER FUNCTIONS

The Department of Natural Resources must prepare and submit a plan to the General Assembly by December 31, 2010 that details how its duties and functions will be transferred to the departments of Agriculture, Economic Development, Conservation, and Health and Senior Services.

SECTION 644.036 - PUBLIC NOTICE REQUIREMENTS

Under current law, the public notification requirements for the Clean Water Commission's development of the list of impaired waters required by Section 303(d) of the federal Clean Water Act expire on August 28, 2010. This act removes the expiration date.

SECTION 644.051 - CLEAN WATER COMMISSION PERMITS & APPEALS

The act allows any person to appeal the terms and conditions of a water pollution control general permit template to the Clean Water Commission within 30 days of issuance of the template, or issuance of a general permit under the new template, by the Department of Natural Resources.

Under current law, the burden of proof in any appeal hearing regarding the issuance of a water pollution control permit is on the permit applicant. The act modifies the requirement such that the permit applicant has the burden of proof only for appeals relating to the denial of a permit, license, or registration, but for all other appeals, the Clean Water Commission shall have the burden of proof.

The act allows the Department of Natural Resources to modify, reissue, or terminate a water pollution control permit at the request of the permit holder. Any such request must be made in writing and must contain facts or reasons in support of the request.

Compliance with a water pollution control permit will be considered compliance with the state and federal requirements under the Federal Water Pollution Control Act, except for certain federal toxic pollutant limitations and disposal of sewage sludge requirements.

SECTION 644.054 - WATER POLLUTION CONTROL FEES

Under current law, the authority expires on December 31, 2010 for the Clean Water Commission to charge fees for construction permits, operating permits, and operator's certifications related to water pollution control. This act extends the expiration date to December 31, 2011.

The act removes the provision that requires a joint committee to study the water pollution control fees and, instead, requires the Department of Natural Resources to study the fees and present a plan for the fees to the General Assembly by December 31, 2010. The department must conduct stakeholder meetings and the plan must include timelines for permit issuance, expedited permits, and recommendations for improved services.

The act is similar to SB 272 (2009) and provisions in CCS/SS/SCS/HB 34 (2009).

SECTION 644.200 - WATER QUALITY LABORATORY TESTING

The act requires that any water quality testing done for the purposes of administering the Missouri Clean Water Law or the federal Safe Drinking Water Act must be performed by a laboratory either operated or certified by the Department of Health and Senior Services. The Department of Health and Senior Services must make the results of any water quality test available to the public within 48 hours of getting the results, regardless of the circumstances. If the water samples were collected by any entity other than the Department of Health and Senior Services, the Department must also transmit the test results to the collecting entity within 48 hours of its receipt of the results. If any test results indicate a potential risk to public health or the environment, the Department may work with the Department of Natural Resources to assess the risk and develop a strategy to address the water issue.

SECTION 701.033 - PRIVATE SEPTIC SYSTEMS

The act allows the Department of Health and Senior Services to provide technical assistance, guidance, and oversight to local authorities that administer and enforce individual on-site sewage disposal system standards. The Department may provide such assistance at the request of the local government or in any case where the Department determines that its intervention is necessary to prevent a violation of state law.

Provisions of the act are similar to SCS/SBs 1012 and 1006 (2010).

ERIKA JAQUES

SA #1: REQUIRES THE STATE AUDITOR TO CONDUCT AN AUDIT OF ALL STATE REVOLVING FUNDS ADMINISTERED BY THE DEPARTMENT OF NATURAL RESOURCES FOR WASTEWATER AND DRINKING WATER INFRASTRUCTURE IMPROVEMENT PROJECTS. THE AUDIT MUST BE COMPLETED AND ISSUED BY DECEMBER 31, 2010. THE AMENDMENT INCLUDES AN EMERGENCY CLAUSE.

SA #2: REMOVES SECTION 341.230 FROM THE BILL, WHICH REQUIRED COUNTIES WITH BODIES OF WATER THAT TOUCH STATE OR FEDERAL PARK PROPERTY TO HAVE PLUMBING CODES.