Missouri Senate

Senate Amendment

SECTIONS 260.273 through 260.276 - SCRAP TIRES

The current authorization to collect a fee from retailers that sell new tires in Missouri expires on January 1, 2010. This act extends the authorization until January 1, 2015.

Under current law, the Department of Natural Resources may use up to 5% of its portion of the tire fees collected for the purpose of educational programs and curricula. The act specifies that the educational programs must be environmentally-related and assist the Department implement the solid waste laws.

Current law allows the Department to use up to 25% of its portion of the tire fees collected to remove tires from illegal tire dumps and address nuisances created by illegal tire dumps. The act increases the percentage of funding that may be used for these purposes to 50%. Similarly, the act increases from 5% to 45%, the amount of its fee revenue that the Department may spend on grants to people who will use products made from scrap tires.

Coal-fired electric plants that burn tire-derived fuel shall not be considered a scrap tire site or solid waste disposal area and are not therefore subject to regulations for those areas.

The act allows charitable, fraternal, and other non-profit organizations to be eligible for reimbursement of costs associated with disposal costs of scrap tires collected during a voluntary land or river cleanup event. Local governments may also be eligible for similar reimbursement, provided their costs are not part of their normal operating costs.

SECTIONS 260.1250 - 260.1271 - TELEVISION RECYCLING

The act creates the Television Electronic Recycling Act.

Television manufacturers shall not sell televisions in Missouri unless the manufacturer's name and brand are affixed on the televisions. After January 1, 2011, any television manufacturer who intends to sell televisions in Missouri must register with the Department of Natural Resources. The registration shall list all the brands used by the television manufacturer.

Beginning in 2012, each television manufacturer who sells televisions in Missouri must recycle a certain amount of discarded televisions based on that manufacturer's market share of televisions sold in Missouri during the previous year. Manufacturers may fulfill this requirement in conjunction with other manufacturers. By January 31, 2012 and on an annual basis thereafter, each television manufacturer must report to the department the amount of televisions it collected and recycled during the previous year.

Beginning January 1, 2011, retailers may only sell televisions of manufacturers who have registered with the department and only televisions labeled with the manufacturer's name and brand. Also by that date, retailers must provide information to their customers regarding television collection and recycling services, which includes the department's website and phone number.

Retailers are not liable for any information left on televisions that they collect and recycle.

The act provides procedures for the department to best determine each television manufacturer's market share and requires the department to notify each manufacturer of the amount it should recycle by March 15, 2012 and annually thereafter.

The department is required to conduct certain information/education activities for consumers.

The department and the Attorney General may enforce the provisions of the act. Any television manufacturer who fails to label its televisions or fails to recycle televisions may be assessed a penalty up to $10,000 for a first violation, and up to $25,000 for second or subsequent violations. Individuals or retailers who violate the act's provisions may be subject to a penalty up to $1,000 for a first violation, and up to $2,000 for second or subsequent violations. The department shall use the proceeds from paid penalties to offset costs incurred in administering this act and to provide grants to local governments that recycle televisions.

Any financial or proprietary information reported to the department under the act is exempt from the Sunshine Law.

The department shall annually issue a report to the General Assembly based on information reported by manufacturers. The act requires all televisions collected and recycled to be done in accordance with all other laws and requires the department to adopt the Institute of Scrap Recycling Industries, Inc.'s Electronics Recycling Operating Practices in its requirements.

State bidding procedures for televisions must ensure that the requirements of the act are met in any state purchase of televisions.

SECTIONS 640.107 AND 644.101 - PUBLIC DRINKING WATER AND WASTEWATER TREATMENT

The act allows the state to distribute federal economic stimulus funds to local governments, public water or sewer districts, and other eligible entities to assist the construction of public drinking water and water pollution control projects, as such projects are approved by the Safe Drinking Water Commission or Clean Water Commission.

SECTIONS 640.150 through 640.160 - ENERGY

The act allows the Department of Natural Resources to analyze the potential for increased utilization of landfill gas as an alternative energy source. The act also provides authority to the department to enter into cooperative agreements with other states, political subdivisions, private entities, and educational institutions in order to seek and obtain federal grants. The act allows funds appropriated to the department for energy-related activities to be used to carry out agreements, contracts, grants, subgrants, or cooperative arrangements with other governmental, non-profit, or private organizations.

The act creates the Energy Futures Fund. Moneys in the fund may be used for energy-related activities including energy efficiency programs, energy studies, energy resource analyses, and related departmental administration costs.

SECTION 644.036 - 303(d) LIST 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, 2009. This act extends the expiration date to August 28, 2010.

SECTION 644.054 - WATER POLLUTION CONTROL PERMIT FEES

Under current law, the authority expires on December 31, 2009 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, 2010.

The act contains an emergency clause for the sections involving federal stimulus funds (sections 640.107, 640.150, and 644.101).

Provisions of this act are similar to SS/SCS/SB 539 (2009), SCS/SB 409 (2009), SB 272 (2009), HB 734 (2009), and SB 364 (2009).

ERIKA JAQUES

SA#2: REMOVES SECTIONS 260.1250 THROUGH 260.1271, WHICH IS THE TELEVISION ELECTRONIC RECYCLING ACT

SA#3: ADDS SECTION 204.659, WHICH PROHIBITS THE METROPOLITAN SEWER DISTRICT FROM CHARGING FEES TO CERTAIN LANDOWNERS FOR STORM WATER MANAGEMENT SERVICES