HCS/SB 664 - This act modifies provisions relating to utilities.UTILITY SERVICES (Section 67.309):
Under this act, no political subdivision shall adopt an ordinance, resolution, regulation, code or policy that prohibits, or has the effect of prohibiting, the connection or reconnection of a utility service based upon the type or source of energy to be delivered to an individual customer.
This provision is identical to SB 1048 (2020).
NEIGHBORHOOD IMPROVEMENT DISTRICTS & COMMUNITY IMPROVEMENT DISTRICTS (Sections 67.453 & 67.1461):
This act modifies the powers of neighborhood improvement districts and community improvement districts to include the ability to partner with telecommunications companies and broadband service providers in order to construct or improve telecommunications facilities.
This provision is identical to a provision contained in SS/SCS/HB 1768 (2020) and similar to SB 807 (2020) and SB 773 (2020).
PUBLIC RIGHT-OF-WAY (Section 67.1842):
No political subdivision shall require a telecommunications company to obtain a written agreement, other than a permit, for use of the public right-of-way.
LINEAR FOOT FEES (Section 67.1846):
Nothing in certain provisions of law relating to the public right-of-way shall prevent a grandfathered political subdivision from certain actions, provided that the public utility right-of-way user is entitled under the ordinance to payments in lieu of taxes.
A grandfathered political subdivision shall not charge a linear foot fee for use of its right-of-way to a small local exchange telecommunications company that is qualified as of December 31, 2019, as a small local exchange telecommunications company, if the small local exchange telecommunications company is providing internet access to customers in a grandfathered political subdivision.
These provisions are similar to provisions contained in SS/SCS/HB 1768 (2020).
UNIFORM SMALL WIRELESS FACILITY DEPLOYMENT ACT (Section 67.5122):
This act extends the sunset date for the Uniform Small Wireless Facility Deployment Act from January 1st, 2021, to January 1st, 2025.
This provision is identical to a provision contained in SS/SCS/HB 1768 (2020).
WATER SUPPLY DISTRICTS (Sections 247.200 & 247.285):
This act prohibits public water supply districts and metropolitan public water supply districts from requiring a secondary deposit from commercial property owners. Both types of water supply districts are also barred from charging a customer once a water meter has been removed from the applicable property or if service has been discontinued. Any charges made after service is discontinued or the water meter is removed shall be credited toward the customer's future charges.
These provisions are identical to HB 2240 (2020).
SEWER SERVICE LINES (Section 249.422):
This act requires that a sewer district notify a condominium owner that the owner is responsible for and served by its own lateral sewer line each time a notification of change of assessment is sent to the property owner.
The act also exempts specific lateral sewer service fees from certain tax limitations in statute, but allows class action challenges, including challenges under Article X, Sections 22 and 23 of the Missouri Constitution.
This provision is identical to HB 2599 (2020).
OPERATING DESIGNATIONS OF CERTAIN TELECOMMUNICATIONS COMPANIES (Section 392.020):
Under the act, any corporation formed for the purpose of being a telephone or telegraph company or operating under the General and Business Corporation Law of Missouri, may amend the articles of association to include a statement referencing the corporation's operating designation as an exempt organization as described in the Internal Revenue Code.
This provision is identical to SCS/SB 852 (2020) and to a provision contained in SS/SCS/HB 1768 (2020).
INFRASTRUCTURE SYSTEM REPLACEMENT SURCHARGE FOR GAS CORPORATIONS (Sections 393.1009-393.1015):
This act modifies the definition of "appropriate pretax revenues" and "gas utility plant projects" for provisions of law relating to an infrastructure system replacement surcharge (ISRS) for gas corporations.
Any gas corporation whose ISRS is found by a court of competent jurisdiction to include illegal and inappropriate charges shall refund every current customer of the gas corporation who paid such charges, before the gas corporation can file for a new ISRS.
This act requires gas corporations utilizing ISRS to develop and file with the Public Service Commission a pre-qualification process for contractors seeking to participate in competitive bidding to install ISRS-eligible gas utility plant projects. The gas corporation may specify the criteria that the contractor shall meet in order to qualify to participate in the competitive bidding process. Under this act, the gas corporation shall file a verified statement with the Public Service Commission stating that it has in place a pre-qualification process by January 1, 2022.
Any ISRS petition thereafter shall be accompanied with a verified statement that the gas corporation is using a competitive bidding process for installing no less than 25% of ISRS-eligible gas utility plant projects. Under this act, the lowest and best bid in the competitive bidding process shall receive the contract to perform the project.
Under this act, the Public Service Commission shall prepare a report for the General Assembly annually, with the first report being submitted by December 31, 2023, on the competitive bidding process established under this act.
The provisions of law relating to the ISRS for gas corporations shall expire on August 28, 2024.
The act also requires, beginning with the first general rate proceeding after June 1, 2020, every gas corporation to submit an evaluation, plan, or tariff regarding the utilization of renewable natural gas.
These provisions are substantially similar to the perfected SS/SB 618 (2020) and similar to provisions contained in SCS/SB 730 (2018).
CALL SPOOFING (Sections 407.1095-407.1115):
This act establishes the "Caller ID Anti-Spoofing Act" which creates the offense of caller identification spoofing. The offense is a class E felony. Exceptions to the offense are set forth in the act.
The recipient of any call in which the caller uses false caller ID information shall have standing to recover punitive damages against the caller in an amount up to $5,000 per call. Call recipients may bring action under this section as a class. Finally, the Attorney General may initiate legal proceedings or intervene in legal proceedings on behalf of call recipients.
These provisions are identical to HCS/HB 2116 (2020).
PROPERTY RESTRICTIONS ON SOLAR PANELS (Section 442.404):
This act specifies that no deed restriction, covenant, or similar binding agreement running with the land shall limit or prohibit the installation of solar panels or solar collectors, as defined in the act, on the rooftop of any property or structure.
A homeowners' association may adopt reasonable rules regarding the placement of solar panels or solar collectors to the extent those rules do not prevent the installation of the device or adversely affect its functioning, use, cost, or efficiency.
This act shall apply only with regard to rooftops that are owned, controlled, and maintained by the owner of the property or structure.
This provision is identical to SB 1008 (2020) and HB 2526 (2020), and to a provision contained in HCS/SS/SB 618 (2020), and HCS/SS/SCS/SB 594 (2020).
EMINENT DOMAIN (Section 523.262):
This act specifies that no entity, which is defined as a utility company that does not provide service to end-use customers or provide retail service in Missouri, or does not collect its costs to provide service under a regional transmission organization tariff, regardless of whether it has received a certificate of convenience and necessity from the Public Service Commission, shall have the power of eminent domain for the purpose of constructing above-ground merchant lines, as such term is defined in the act.
The provisions of the act shall not apply to rural electric cooperatives and certain other corporations operating on a cooperative basis.
These provisions are identical to HCS/HB 2033 (2020), substantially similar to SBs 597 & 604 (2020), and similar to SCS/HB 1062 (2019).
RURAL BROADBAND ACCESS FUNDING (Sections 620.2451-620.2459):
This act requires the Department of Economic Development to maintain a record of all federal grants awarded to entities for the purposes of providing, maintaining, and expanding rural broadband in the state. In cases in which federal funds have been awarded but later retained, withheld, or otherwise not distributed to the original grant recipient due to failure to meet performance standards or other criteria, the Department shall seek to have the funds awarded to another eligible, qualified Missouri broadband provider.
This provision is identical to a provision in SS/SCS/HB 1768 (2020) and HCS/HB 1162 (2019).
A grant recipient of funds from the Missouri Broadband Grant Program shall return such funds if the grant recipient fails to establish retail broadband internet speeds of at least 25Mb per second download and 3Mb per second upload.
This provision is identical to SB 865 (2020) and to a provision in SS/SCS/HB 1768 (2020) .
Currently, the broadband internet grant program for unserved and underserved areas of the state will expire on August 28, 2021. This act extends the program until June 30, 2027.
This provision is identical to SS/SB 632 (2020), to a provision contained in SS/SCS/HB 1768 (2020), and similar to HB 1859 (2020).
JAMIE ANDREWS