SECTION 8.860 - Green Building Requirements for State Buildings

State-funded buildings over 5,000 square feet constructed after August 28, 2010 must be certified, at minimum, as meeting either the 2 Globes level under the Green Globes building rating system or the Silver level under the Leadership in Energy and Environmental Design (LEED) building rating system. The act prescribes certain points that must be earned in achieving either the 2 Globes or Silver level certification.

State-funded building renovation and commercial interior fit-out projects must be analyzed under one of several options, including a life cycle cost analysis comparing the costs and benefits of renovating to the 2 Globes or Silver standards, normal industry standards, or a building standard in between.

The Office of Administration must exempt any building from the requirements of the act if the cost to comply is 3% or more than the costs of traditional construction or renovation.

The Office of Administration may petition the General Assembly to require all state-funded building construction and renovation projects to meet a different or additional high-performance building standard, provided that such building standard is at least as stringent as the Green Globes and LEED standards.

The act requires periodic inspections of buildings built to the 2 Globes or Silver standards. The inspector must report its findings to the Office of Administration and the state agency that occupies the building. For 15 years, the Office of Administration must monitor and evaluate the energy and environmental benefits associated with each building subject to the act's requirements. The Office of Administration must submit a report to the energy committees in the House of Representatives and the Senate regarding activities and information that result from the act's provisions.

This section is similar to SB 952 (2010).

SECTION 21.950 - Joint Committee on Solid Waste Management

The act creates the Joint Committee on Solid Waste Management, which shall be composed of 5 members of the Senate and 5 members of the House of Representatives. The committee shall examine the state's present and future solid waste management needs and determine the best strategy to ensure affordable and environmentally-conscious solid waste management for Missouri's citizens and businesses for the next 25 years.

The committee may hold hearings and solicit input at its discretion and must issue a report of its findings and recommendations to the General Assembly by December 31, 2010.

The Department of Natural Resources may not issue any new permits for new nonsource separated material recovery facilities until the report is issued or Jan. 1, 2011, whichever occurs first.

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 67.2800 to 67.2835 - PACE Act

These sections create the Property Assessment Clean Energy (PACE) Act.

Municipalities may individually or jointly form Clean Energy Development Boards, which shall fund energy projects for property owners within their jurisdictions. Projects shall either reduce energy consumption or create energy from renewable sources. In exchange for receiving the funding for the project, a property owner agrees to pay a special assessment to be collected with his or her property tax for a period not to exceed 20 years.

The agreement between a property owner and a Clean Energy Development Board is a covenant that runs with the land and shall be binding upon subsequent owners of the property. Clean Energy Development Boards can establish their own application requirements and project selection criteria and can require energy audits as a prerequisite to funding a project. Boards must submit annual reports to municipality(ies) that created them, with report requirements listed in the act.

Clean Energy Development Boards may issue bonds, and may use the revenue from the sale of the bonds to fund energy efficiency or renewable energy projects.

The director of the Department of Economic Development may allocate any part of the state's residual share of the National Qualified Energy Conservation Bond limitation to any state or local government entity.

These sections are similar to SCS/SB 1037 (2010).

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 260.005 - EIERA

The act expands the definition of the term "project" to include renewable energy projects, to make these types of projects eligible for funding through the Environmental Improvement and Energy Resources Authority (EIERA).

This section is identical to SCS/SB 1037 (2010).

SECTION 260.244 - Missouri Soil Enrichment Initiative

The Department of Natural Resources must maintain a registry of compost facilities in the state. The registry must be posted on the department's website and must identify the locations of compost facilities around the state. Commercial compost facilities and compost facilities owned by local governments must register with the Department. The registration is valid for one calendar year, and must be renewed on an annual basis as long as the facility remains in operation.

Registered commercial compost facilities must pay an annual fee based on the size of their facilities: less than or equal to 5 acres is $500, greater than 5 acres up to 20 acres is $1,000, and more than 20 acres is $2,500. The fee for the first year may be pro-rated. The Department may examine records and measure acreage of commercial compost facilities to determine the fee amount. Compost facilities owned or operated by local governments are not required to pay the fee.

All registered compost facilities must submit an annual report to the Department documenting contact information for the facility, the amount of material collected, the amount of compost on-hand at the time of report preparation, and that the facility operates without creating a nuisance. The facility must also document that it operates in compliance with local permits and planning and zoning ordinances.

The act does not apply to agricultural composting facilities or to residential composting facilities where the resulting compost is intended for personal use only and is not intended for resale.

This section is similar to SCS/SB 988 (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 a 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 640.085 - Environmental Services Program

The Environmental Services Program currently under the Department of Natural Resources is transferred to the Department of Health and Senior Services, with the transfer to be complete as of June 30, 2012.

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 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