Legislative Column for the Week of April 20, 2015

Keeping Utility Rates Low for Missourians

We are living in a time when many of you are struggling just to make ends meet. Wages are stagnate making it difficult for many hard working Missourians to pay their bills and keep food on the table. The last thing the Legislature needs to do is expand a utility’s ability to add surcharges onto your utility bill. That is exactly what the investor-owned gas companies would be able to do under the infrastructure system replacement surcharge (ISRS).

Like any other business, utility corporations encounter emergency situations, such as natural disasters, that involve costs above and beyond the scope of their usual budgetary planning. To more quickly recover these unexpected repair costs, investor-owned gas corporations may apply for a temporary ISRS on their customers’ bills.

The Missouri Public Service Commission (PSC), exists to regulate investor-owned utilities and to ensure our citizens receive safe and reliable utility services at fair and reasonable rates.  To adjust rates an investor-owned utility must go through the general rate making procedure with the PSC.  This includes hearing dates and public comment opportunities. This vetting process allows the PSC to verify that utility corporations can truly justify any rate increases, preventing wasteful spending and protecting consumer rates.

Unfortunately, there have been a number of attempts in recent years, including this current session, to pass legislation that would expand ISRS adjustment qualifications, essentially allowing a corporation to increase its ISRS in order to cover non-emergent maintenance and repair costs – meaning a corporation could raise its rates and keep them raised, since the maintenance and repair of our utility infrastructure systems is conceivably a never-ending project.

An ISRS is meant to be a temporary funding solution in response to an emergency situation; it was never intended to be a permanent vehicle for covering a corporation’s normal maintenance and repair costs. If our utility corporations aren’t charging consumers enough to cover the normal costs of doing business, then they need to argue their case before the PSC, using the established hearing process. An ISRS increase should only be sought in the event of a crisis situation, not as an ongoing remedy.

I’m not opposed to the ISRS as a means to fund repairs for unforeseen crisis situations; it’s important our utilities are functioning efficiently and safely. I do believe, however, that using the ISRS as a long-term revenue generator for regular maintenance and repair projects defies its intended scope.

On Thursday, Senate Bill 142, one of the recommendations to come out of the Lead Industry Task Force, was passed by the Senate. Whenever the EPA hands down a new regulation, it’s up to the Missouri Department of Natural Resources (DNR) to implement the EPA’s changes. Unfortunately, new regulations are often implemented without all the key players having enough time to review the proposed implementation plan and voice questions or concerns.

If signed into law, SB 142 would require DNR to collaborate with other state entities to prepare an impact report to be delivered to the General Assembly and the governor, laying out in detail the implementation procedure. We want to ensure Missourians, not just folks in Washington, have a chance to review EPA regulations and gain a comprehensive understanding of the health, safety and economic impact before they’re implemented, not after. Senate Bill 142 now heads to the House for further consideration.

In related news, I’m pleased to say the Lead Industry Task Force, which was reauthorized this session under Senate Concurrent Resolution 5, will hold its first meeting next Monday, April 27. I look forward to continuing the positive work this task force has already accomplished in bringing about a resolution to issues we’ve had in St. Francois County.

Also this week, several measures I filed this session were passed out of their respective House select committees and are now on the last leg of their journey. They include: Senate Bill 172, establishing minimum graduation requirements for a career and technical education high school certificate; Senate Bill 224, requiring a student to be lawfully present in the United States in order to receive scholarships through the A+ Schools Program; and Senate Bill 445, allowing Ameren to purchase and use their own air quality monitoring system to monitor sulfur dioxide emissions.

I was happy to welcome the following visitors to the Capitol this week: Bill Bunch with the East Missouri Action Agency; Julie Wanager of Hillsboro; Rachel Rhodes and grandson, Remington Ross, of Farmington; and Martha Resinger and David Bova, both of Ste. Genevieve.

Contact Me

I always appreciate hearing your comments, opinions and concerns. Please feel free to contact me in Jefferson City at (573) 751-4008. You may write me at Gary Romine, Missouri Senate, State Capitol, Jefferson City, MO 65101; or email me at gary.romine@senate.mo.gov; or www.senate.mo.gov/romine.

Sen. Romine’s Sponsored Legislation for 2015

Bill Number

Description

Status

Senate Bill 36

Modifies the law relating to the Missouri Human Rights Act and employment discrimination.

Hearing conducted in the Senate Judiciary and Civil and Criminal Jurisprudence Committee.

Senate Bill 37

Awards attorney's fees and court costs in cases where
a settlement offer was previously rejected and when
the court rules on a motion to dismiss for failure to
state a claim.

On the Senate Informal Perfection Calendar.

Senate Bill 38

Modifies provisions relating to the Joint Committee on MO HealthNet.

Approved by the Senate; referred to the House Select Committee on General Laws.

Senate Bill 68

Provides that directors of industrial development corporations in St. Francois County may be taxpayers and registered voters in the county.

Approved by the Senate; passed by the House Select Committee on State and Local Governments.

Senate Bill 142

Requires the Department of Natural Resources to prepare a regulatory impact report when submitting a state implementation plan to the Environmental Protection Agency.

Approved by the Senate; first read in the House.

Senate Bill 143

Modifies the crime of animal trespass.

Bill combined with SBs 112, 212, 143 and 234.

Senate Bill 171

Modifies provisions relating to high school equivalency degree testing.

Referred to the Senate Education Committee.

Senate Bill 172

Requires the State Board of Education to establish minimum graduation requirements for a career and technical education high school diploma.

Approved by the Senate; passed by the House Select Committee on Education.

Senate Bill 173

Modifies state funding for small school districts.

Passed out of the Senate Education Committee.

Senate Bill 224

Requires a student to be a United States citizen or permanent resident in order to be eligible to receive reimbursements from the A+ Schools Program.

Approved by the Senate; passed by the House Select Committee on Education.

Senate Bill 225

Modifies Department of Natural Resources permit decision appeal procedures.

On the Senate Informal Perfection Calendar.

Senate Bill 230

Modifies provisions relating to the MO HealthNet program.

Approved by the Senate; hearing conducted in the House Health and Mental Health Policy Committee.

Senate Bill 252

Prohibits two-way telecommunications devices and
their component parts in correctional centers and jails.

Hearing conducted in the Senate Transportation, Infrastructure and Public Safety Committee.

Senate Bill 253

Expands the authority of the Governor to convey easements without the approval of the General Assembly and expands the rights granted by the easements.

Referred to the Senate Commerce, Consumer Protection, Energy and the Environment Committee.

Senate Bill 412

Modifies laws regarding arbitration agreements
between employers and at-will employees.

Referred to the Senate Small Business, Insurance and Industry Committee.

Senate Bill 413

Modifies provisions relating to natural resource
damages authorized to be recovered by the state natural resources trustee.

Referred to the Senate Judiciary and Civil and Criminal Jurisprudence Committee.

Senate Bill 445 Requires owners of an electric generating unit in Jefferson County to develop an ambient air quality monitoring or modeling network. Approved by the Senate; passed by the House Select Committee on Utilities.

Senate Concurrent Resolution 5

Creates the Missouri Lead Industry Employment, Economic Development and Environmental Remediation Task Force.

Approved by the Senate and House.