HB 881 Modifies provisions relating to the Department of Natural Resources

Current Bill Summary

- Prepared by Senate Research -


HCS/HB 881 - This act modifies provisions relating to the Department of Natural Resources.

FINGERPRINTING (Section 43.543) - This act adds the Department of Natural Resources to the list of state agencies that may use a fingerprint background search performed by the State Highway Patrol on persons seeking employment or permit issuance or renewal.

LAND SURVEY FUND (Section 59.319) - This act prohibits the Department of Agriculture from using more than 10% of the annual deposits to the Fund on administrative costs.

LAND SURVEY PROGRAM (Sections 60.185-60.670, 256.117, 261.023, 640.065-640.075) - This act transfers the Land Survey Program and the Land Survey Commission from the Department of Natural Resources to the Department of Agriculture by Type I transfer. A portion of the funds in the Department of Natural Resources Revolving Services Fund will be transferred to the newly created Department of Agriculture Revolving Services Fund. No more than 10% of the annual deposits to the Fund shall be used on administrative costs. The transfer between the Department of Natural Resources and the Department of Agriculture shall be made such that only the balance related to the reproduction and sale of land survey documents is transferred. All funds from the sale of maps and the Thomas Hart Benton brochure shall be deposited in the Department of Natural Resources Revolving Services Fund.

DAM AND RESERVOIR SAFETY COUNCIL (Section 236.410) - This act requires that there be one council member from each of the 5 U.S. congressional districts in this state with the highest number of dams. Further, the Council shall prepare and present an annual report to the General Assembly by December 31 of each year.

STATE PARKS COMMISSION (Sections 253.010-253.412, 258.010) - This act transfers the Missouri State Park Board to the Missouri State Parks Commission created in this act. The Commission shall formulate policies and programs for the acquisition, development, and operation of the state park system. The composition and requirements of the Commission as set forth in this act. The Missouri Trails Advisory Board shall report to the Commission.

Currently, the Director of the Department of Natural Resources may promulgate rules relating to state parks. This act transfers this authority to the Commission. This act also requires the Department of Natural Resources to work in conjunction with the Commission in park acquisition. The Missouri Advisory Council on Historic Preservation and the Interagency Council for Outdoor Recreation shall report to the Commission.

INDUSTRIAL MINERALS ADVISORY COUNCIL (Section 256.710) - This act requires the Industrial Mineral Advisory Council to prepare and present an annual report to the General Assembly by December 31 of each year.

The act authorizes the State Treasurer to deposit all of the moneys in the State Park Earnings Fund into any qualified depository of the state and requires the deposits to be secured in a manner provided by law. Any interest earned on the deposits must be credited to the Fund.

SOLID WASTE (Section 260.200) - Currently, the Department of Natural Resources requires any person applying for a permit to operate a solid waste facility to file a disclosure statement. This act modifies the requirements of the disclosure statement and expends the definition of person to include a limited liability company, trust, or any other legal entity. This act repeals the disclosure statement requirement for permit renewals. This act also requires, upon the request of the Director of the Department of Natural Resources, a criminal background check for any person involved in the management activities of a solid waste disposal area or processing facility.

Additionally, the criminal background check may require the permit applicant to cooperate with the Missouri State Highway Patrol. After the disclosure statement has been filed with the Department, any changes must be reported to the Director within 30 days of the change. Failure to notify the Director may result in permit denial, conditional granting, or permit revocation.

After permit issuance, each solid waste facility must file an updated disclosure statement to the Department by March 31. Failure to file an updated disclosure statement may result in civil penalties as set forth in this act. This act exempts certain people and entities from the requirement to file a disclosure statement.

HAZARDOUS WASTE (Sections 260.379-260.475) - This act repeals: the requirement that hazardous waste facility owners, operators, and hazardous waste transporters have to obtain a permit before conducting postclosure activities and operations; the requirement that a person must apply for a permit before constructing, altering, or operating a hazardous waste facility; and, the requirement that each permit for a land disposal facility must be reviewed every 5 years. This act repeals the provision that a permit shall not be issued to any person who is determined to have habitually engaged in hazardous waste management practices which pose a threat to the health of humans or the environment or who has had multiple criminal convictions. This act also repeals the requirement that the Department of Natural Resources must assess the transportation system serving a proposed site for a new hazardous waste facility as part of the review for a permit application. The authority to change the hazardous waste fee structure is given to the Hazardous Waste Management Commission which would otherwise expire on December 31, 2013.

PETROLEUM STORAGE TANK INSURANCE FUND (Sections 319.129-319.132) - This act transfers the authority of the Petroleum Storage Tank Insurance Fund from the Department of Natural Resources to the Department of Insurance, Financial Institutions and Professional Registration. This act repeals several administrative procedures required by the Board of Trustees of this Fund.

RULEMAKING (Sections 536.021-536.024, 640.019) - This act allows the Department of Natural Resources, or any related commission, to use the fast-track rulemaking procedure for expediting the adoption of federal rules without variance as set forth in this act.

PERMITS (Section 640.017) - When an applicant may require multiple environmental permits, the applicant may directly petition the Director of Natural Resources for purposes of approving or denying such permits. This act requires the Director to develop a streamlined permitting process, which will require working with applicants in an effort to help determined all of the permits required for a proposed activity, and informing applicants of the streamlined process.

CONCENTRATED ANIMAL FEEDING OPERATIONS (Section 640.715) - This act repeals the requirement that a permit be obtained for construction of a concentrated animal feeding operation.

WEATHERIZATION POLICY ADVISORY COUNCIL (Section 640.900) - This act requires that the Council prepare and present an annual report to the General Assembly by December 31 of each year. Recipients of the Weatherization Assistance Program for Low-Income Persons must attend a financial planning or budgeting course from a local entity before receiving assistance.

CLEAN AIR COMMISSION (Section 643.079) - This act gives the authority to change the Clean Air Commission the ability to adjust the clean air fee structure.

CLEAN WATER COMMISSION (Sections 644.051-644.062) - This act requires that a person constructing or modifying a point source primarily designed to discharge sewage to get a construction permit from the Commission. All other construction-related activities are exempt from construction permit requirements, with exceptions as stated in this act. This act also gives the Clean Water Commission the ability to change the clean water fee structure.

The Director of the Department of Natural Resources may also grant provisional variance for water pollution for conditions beyond reasonable control. In granting a provisional variance, the Director shall consider the hardship imposed by requiring compliance and the adverse impacts from granting a variance. Any provisional variance granted shall not exceed 45 days, and may be extended 45 days, but shall in no case exceed 90 days. Applications for a variance shall be accompanied by a $250 fee, and all applications should be investigated within 14 days of the request. If a provisional variance is granted, the applicant shall be promptly notified and a written copy of the decision must be maintained by the Clean Water Commission.

The section giving the Clean Water Commission the ability to amend the fee structure contains an emergency clause.

This act is similar to SB 417 (2013), HCS/HB 604 (2013), the truly agreed and finally passed SS/SCS/HB 650 (2013), and the truly agreed and finally passed SS/SCS/HCS/HB 28 (2013).

KAYLA CRIDER


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