SS/SCS/HB 1251 - The act modifies provisions relating to natural resources.SECTION 29.380 - STATE AUDITOR
The act requires the State Auditor to conduct an audit of each solid waste management district in the state. The State Auditor may request reimbursement for the cost of the audit from the solid waste management district.
SECTIONS 59.319 TO 60.620 - LAND SURVEY PROGRAM
Under current law, $1 of a $4 fee collected by county recorders is remitted to the state for purposes of administering state land survey duties by the Department of Natural Resources. The act creates the Missouri Land Survey Fund and directs the fee revenue into this fund.
The act changes the name of the State Land Survey Authority to the Land Survey Program and updates statutory references in numerous places.
The act modifies several of the land survey duties of the Department of Natural Resources. It directs the department to provide the framework for all geodetic positioning activities in the state. Under current law, the department's regulations for land surveyors are advisory in nature; the act removes the advisory nature of the department's regulations, making the department's regulations enforceable. It removes the department's duty to appoint a state land surveyor.
The act changes the name of the Land Survey Advisory Committee to the Land Survey Commission and increases the membership on the Commission from 5 to 7. The director of the department must serve as a member, but the act requires the Governor to appoint the other 6 members as specified. It limits members to three consecutive terms. The act adds a few additional duties to the Commission: providing recommendations on the operation of the land survey program and the selection of the state land surveyor. It also requires the Attorney General to advise the Commission upon its request and represent the Commission in legal proceedings.
The act allows revenue from sales of the department's surveying information to be deposited in the Department of Natural Resources Revolving Services Fund and expands what the Fund may be used for, which includes computer hardware and software and personnel related to retail services provided by the land survey program to the public. The act requires the Land Survey Commission to determine by December 1, 2013 the appropriate administrative charges for staff services provided by the department and the Office of Administration.
These provisions are similar to SB 814 (2012) and HCS/HB 1395 (2012).
SECTION 67.4505 - DRINKING WATER SUPPLY LAKE AUTHORITY
This act establishes a county drinking water supply lake authority in Christian County.
This section is identical to HB 1662 (2012).
SECTION 259.010 TO 259.070 - STATE OIL & GAS COUNCIL
The act modifies the composition of the State Oil and Gas Council by adding a representative of the Missouri Independent Oil and Gas Association, specifying that the University representative be from the Missouri University of Science & Technology's Petroleum Engineering program, and adding a second public member who must reside in a 3rd or 4th class county. The amendment also requires the Council to biennially review the state laws and regulations on oil and gas drilling and make any recommendations for changes. The Council may form an advisory committee to help it conduct the annual law review and make recommendations on program funding.
SECTION 260.330 - SOLID WASTE FEES
Current law requires an annual adjustment for inflation to the $1.50 and $1 per ton fees charged by operators of solid waste sanitary landfills, demolition landfills, and transfer stations, except no adjustment is allowed during the years 2005 through 2014. This act extends the moratorium until 2017.
This section is similar to SB 778 (2012).
SECTION 260.373 - HAZARDOUS WASTE
The act allows the Missouri Hazardous Waste Commission to promulgate rules that exceed the federal Resource Conservation and Recovery Act (RCRA) only under certain conditions, otherwise the Commission is prohibited from promulgating any state regulation that either exceeds certain requirements under RCRA or that implements a requirement before RCRA requires implementation.
By December 31, 2013, the Department of Natural Resources must identify any of its rules that are inconsistent with the act and must thereafter amend any such rule. After December 31, 2015, any inconsistent rule becomes unenforceable.
The Department may not selectively exclude any or part of any state hazardous waste regulation in certain authorization applications to the U.S. Environmental Protection Agency.
SECTION 260.392 - TRANSPORTING RADIOACTIVE WASTE
This act modifies the method by which fees for transporting radioactive waste by truck are assessed. Under current law, a fee of $1,800 is charged for each cask transported through or within the state by truck of high-level radioactive waste, transuranic radioactive waste, spent nuclear fuel or highway route controlled quantity shipments. In addition, all such cask shipments are subject to a surcharge of $25 per mile for every mile over 200 miles traveled within the state. Under this act, the fees are assessed on a per-truck basis rather than a per-cask basis.
This provision is similar to SCS/HCS/HB 1402 (2012).
SECTION 292.606 - MISSOURI EMERGENCY RESPONSE COMMISSION
Currently, fees that certain employers and business that store, use, produce, or transport petroleum and other hazardous materials pay to the Missouri Emergency Response Commission are set to sunset on August 28, 2012. This act extends that sunset to August 28, 2018.
Employers required to report hazardous substances, known as Tier II filers, may request the Commission to distribute the report to the local emergency planning committees and fire departments by paying a $10 fee for each facility listed which shall not be applied to the employer's fee cap.
This section is identical to HCS/HB 1647 (2012) and SB 868 (2012).
SECTIONS 301.010 & 304.033 - RECREATIONAL OFF-HIGHWAY VEHICLES
This act modifies the definition of recreational off-highway vehicle (OHV) by increasing the width and weight limit of the vehicle. The width is increased from 60 inches to 64 inches and the unladen dry weight of the OHV is increased from 1,850 pounds to 2,000 pounds.
Under the act, recreational OHVs shall not be operated on highways except for:
(1) Governmental owned and operated recreational OHVs for official use;
(2) Recreational OHVs operated for agricultural purposes or industrial on-premise purposes;
(3) Recreational OHVs operated within three miles of the operator's primary residence but only for the purpose of accessing property owned or leased by the operator. This exception shall not apply in cities unless such cities authorize the operation by permit;
(4) Recreational OHVs operated occasionally by handicapped persons for short distances only on the state secondary roads;
(5) Governing bodies of cities may issue special permits to licensed drivers for special uses of recreational OHVs on highways within the city limits. Fees of $15 may be collected and retained by cities for such permits;
(6) Governing bodies of counties may issue special permits to licensed drivers for special uses of recreational OHVs on county roads within the county. Fees of $15 may be collected and retained by the counties for such permits.
No person shall operate a recreational OBV. within any stream or river except by an operator who owns the property or has permission to be on the property on which the waterway flows through or when fording a low-water crossing.
A person operating a recreational OBV. on a highway shall have a valid operator's or chauffeur's license.
Under the terms of the act, an individual shall not operate a recreational OBV. upon on a highway in this state: without displaying a lighted headlamp and tail lamp; without wearing a seatbelt; and any recreational OBV. must have a roll bar or roll cage.
These provisions are also contained in SCS/HCS/HB 1640 (2012).
SECTIONS 304.120 - COMMERCIAL THOROUGHFARES IN MUNICIPALITIES
Under current law, municipalities may enact ordinances that limit the use of certain designated streets to passenger vehicles. This act modifies this authorization by requiring municipalities to allow at least one street, with lawful traffic movement and access from both directions, to be available for use by commercial motor vehicles to access any roads in the state highway system. No municipality may pass an ordinance that denies the use of commercial motor vehicles on all streets within the municipality.
These provisions are similar to SB 277 (2011).
SECTIONS 414.530 TO 414.570 - MISSOURI PROPANE EDUCATION & RESEARCH COUNCIL
Under current law, there are 3 ways for the director of the Missouri Energy Center to initiate a referendum on the abolishment of the Missouri Propane Education and Research Council and the fee for odorized propane. This act removes one of these 3 ways, which is at the discretion of the director.
Current law allows vacancies on the council to be filled by the remaining members of the council, subject to the approval of the director. This act removes the requirement that the director must approve the appointment, requires the council to fill vacancies after a public nomination process, and allows the director to reject any appointment.
Current law requires the council to submit a budget plan to the director at the beginning of each fiscal period and requires the director to either approve or recommend changes to the budget after a public comment period. The act instead requires the budget plan be submitted for public comment at least 30 days prior to the beginning of each fiscal period, authorizes the council to approve or modify the budget after the public comment period, and allows the director to reject the council's budget or modifications.
The act removes the authority of the director to require additional reports from the council at his or her discretion beyond what is already required under current law.
Authority to establish an alternative means to collect the odorized propane fee and set late payment charges is currently given to the director. This act transfers this authority to the council. The interest rate charged for late payments may not exceed the legal rate for judgments.
The act removes provisions that allow the National Propane Education and Research Council to coordinate its operations with Missouri's council and that authorize Missouri's council to keep funds resulting from a federal rebate on propane fees.
These sections are identical to SB 297 (2009) and HB 751 (2009).
SECTION 577.073 - COMMERCIAL ACTIVITIES IN STATE PARKS
Current law prohibits any person from conducting commercial activities within a state park except with written permission or if under a concession contract. This act creates an exception for organizations that use public roads to transport people, vehicles, or canoes.
SECTION 621.250 - ADMINISTRATIVE HEARING COMMISSION
Under current law, the Administrative Hearing Commission (AHC) must make a recommended decision within 60 days of the filing date of an appeal of a decision made by an environmental commission. The act modifies this timeframe by giving the AHC up to 90 days to hold hearings and up to 120 days to make a recommended decision. The act allows these timeframes to be further extended at the request of the permittee.
Under current law, an environmental commission must issue its final decision with regard to an appeal that went to the AHC within 90 days of the date the appeal was filed. The act extends this timeframe to 180 days and allows the timeframe to be further extended at the request of the permittee.
This section is similar to SB 645 (2012).
SECTION 640.018 - ENVIRONMENTAL PERMIT ISSUANCE TIMEFRAMES
Currently, if state law requires the Department of Natural Resources to issue an environmental permit within a certain timeframe and the department fails to do so, it must issue the permit on the first day following the expiration of the timeframe. The act modifies this provision so that the requirement to automatically issue the permit only applies at the request of the permit applicant.
This section is similar to SB 645 (2012).
SECTION 640.100 - PUBLIC DRINKING WATER FEES
Under current law, the authority expires on September 1, 2012, for the Department of Natural Resources to impose an annual per customer fee for connections to a public water system. This act extends the expiration date to September 1, 2017.
This section is identical to SB 889 (2012).
SECTION 643.130 - JUDICIAL REVIEW OF AIR PERMITS
Current law requires any actions filed in a court of law seeking judicial review of final decisions made by the Air Conservation Commission to be made in the court of appeals rather than in the circuit court. The act limits this requirement to only actions seeking judicial review of decisions relating to certain types of operating or construction permits, including Part 70, prevention of significant deterioration, major nonattainment area source, or major new source review; otherwise the action is filed in circuit court.
This section is similar to SB 645 (2012).
SECTION 643.225 - ASBESTOS
The act provides an exemption to certain asbestos-related state requirements for businesses that regularly engage in asbestos abatement at their locations and that are subject to federal laws relating to construction work and asbestos. The exemption applies to state requirements for: certification of certain individuals for asbestos-related work, accreditation for asbestos-related training programs, registration as an asbestos abatement contractor, and notification of the Department of Natural Resources for certain-sized asbestos abatement projects. Certain entities are not eligible for the exemption.
To receive the exemption, businesses must submit to the Department of Natural Resources information about their asbestos-related employee training programs and their asbestos abatement projects. If the Department determines that the entity does not qualify for the exemption, it may deny the exemption but must notify the entity of the denial within a 180-day timeframe. Entities whose exemptions are denied may appeal. Exempted entities must submit a one-time fee of $250 for the exemption and must submit documentation of any significant changes as they occur over time in their asbestos-related training programs. Entities that receive an exemption before August 28, 2012, are exempt from the fee.
The act allows staff of the Department of Natural Resources to attend, without prior notice, any asbestos-related training programs of exempted entities.
This section is identical to SB 898 (2012).
SECTION 644.016 TO 644.051 - WATER POLLUTION CONTROL
The act adds a definition for "general permit template", which is a draft general permit that is developed with public participation.
The act requires that certain persons who participated in the public participation process for the promulgation of rules by the Clean Water Commission must also be able to provide additional comments or response at the Commission's meeting at which the proposed rule receives a vote to become final.
Current law provides requirements for the solicitation of input from permit holders and potential permit applicants when the Clean Water Commission is developing or renewing a general permit or a permit by rule for an aquaculture facility. The act removes these public input requirements. The act also removes a provision that provides that aquaculture facilities only need a general permit unless the applicant requests a site-specific permit.
Current law requires applications for renewal of an operating permit to be filed at least 180 days before the currently valid operating permit expires. The act makes the 180-day requirement applicable only to site-specific operating permits and reduces the renewal filing time requirement to 30 days in advance of the expiration date for renewals of general permits. The act allows general permits to be acquired electronically once available by the Department.
The act adds time frames for department review and issuance of general permits. When there is no public participation required, the department must issue or deny an initial general permit within 60 days of receipt of the application and must issue or deny a renewal general permit within 60 days of the later of receipt of the application or the finalization of a new general permit shell. When public participation is required, the department's review time frame is increased to 90 days.
Beginning January 1, 2013, the Department of Natural Resources must comply with certain public participation requirements when issuing a new general permit or when reissuing a general permit for aquaculture, land disturbance, or for general permits under which 50 or more permits were issued during the preceding 5-year period. The act includes requirements for public notice, time frames for holding a public meeting and accepting public comments, and electronic notification of current permittees of the general permit that is being modified.
SECTION 644.071 - JUDICIAL REVIEW OF WATER PERMITS
Current law requires any actions filed in a court of law seeking judicial review of final decisions made by the Clean Water Commission to be made in the court of appeals rather than in the circuit court. The act limits this requirement to only actions seeking judicial review of decisions relating to water pollution control permits for utilities; otherwise the action shall be filed in circuit court.
This section is similar to SB 645 (2012).
SECTION 644.145 - AFFORDABILITY FINDINGS
Current law requires the Department to make a finding of affordability when issuing or enforcing water pollution control permits for combined or separate sanitary sewer systems or publicly owned treatment works. The act requires the affordability finding to also be made for stormwater sewer systems. The department does not have to conduct affordability findings for collection system extension permits, operating permit renewals with no new environmental requirements, or when the permit applicant certifies that the permit requirements are affordable or otherwise waives the affordability requirement. Communities with less than 3,300 residents may not certify affordability or waive the affordability finding.
The act gives the permit applicant the opportunity to review the department's affordability finding and suggest changes. Reasonable time spent on the affordability finding shall be considered in addition to the department's required permit review time frames.
These sections are similar to SB 889 (2012).
SECTION 650.230 - PRESSURE VESSELS
Current law exempts certain-sized pressure vessels from regulation. The act modifies these exemptions.
SECTION 701.550 - ANEMOMETER TOWERS
The act requires certain safety marking of anemometer towers (wind speed testing towers) that are located outside of city limits and that are 50 feet or more in height. The top third of any such tower must be striped orange and white, each outside guy wire must have two attached marker balls, the vegetation around guy wire anchor points must contrast with surrounding vegetation, and guy wires must have safety sleeves.
The act does not supercede any other state or federal law that regulates the appearance of the anemometer tower. Owners of anemometer towers in existence as of August 28, 2012, are given until January 1, 2014, to comply with the act's requirements. A violation of the act is a Class B misdemeanor.
This section is identical to SS/SB 769 (2012).
SECTION 260.255 - NEWSPAPER PUBLISHERS
The act repeals section 260.255 which requires certain newspaper publishers to file a statement with the Department of Natural Resources declaring whether or not they have complied with recycled paper content percentage requirements.
This section is identical to SB 889 (2012).
The act includes an emergency clause for section 577.073, relating to commercial activities in state parks.
ERIKA JAQUES