CCS/HCS/SS/SB 618 - This act modifies provisions relating to utilities.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.
These provisions are identical to provisions contained in the truly agreed CCS#2/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.
This provision is identical to a provision contained in HCS/SB 664 (2020).
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 qualified small local exchange telecommunications company as of December 31, 2019, if the small local exchange telecommunications company is providing internet access to customers in the rural areas of the state.
These provisions are similar to provisions contained in the truly agreed CCS#2/SS/SCS/HB 1768 (2020) and HCS/SB 664 (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 1, 2021, to January 1, 2025.
This provision is identical to a provision contained in the truly agreed CCS#2/SS/SCS/HB 1768 (2020), the truly agreed SS/SCS/HCS/HB 2120 (2020), and in HCS/SB 664 (2020).
WIND ENERGY PROPERTY TAX (Sections 137.123 and 153.030):
Beginning January 1, 2021, this act provides a depreciation table for the purposes of assessing all real and tangible personal property, excluding land, associated with a project that uses wind energy directly to generate electricity. Such depreciation percentages range from 40% in the first year following construction of the property to 35% in the fifth year following construction of the property and each year thereafter.
These provisions are identical to HB 2454 (2020) and to provisions contained in HCS/SCS/SB 616 (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) and to provisions contained in HCS/SB 664 (2020).
INFRASTRUCTURE SYSTEM REPLACEMENT SURCHARGE FOR GAS CORPORATIONS (Sections 393.1009-393.1015):
The act modifies the definition of "gas utility plant projects" for provisions of law relating to an infrastructure system replacement surcharge for gas corporations.
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.
Currently, staff of the Public Service Commission may submit a report on proposed costs related to an ISRS to the Commission not later than 60 days after an ISRS petition is filed. This act changes the length of time to 90 days.
Under current law, the Commission shall issue an order related to an ISRS petition not later than 120 days after the petition is filed. This act changes the length of time to not later than 180 days after the petition is filed.
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.
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, 2029.
These provisions are similar to HCS/HB 1992 (2020) and to provisions contained in the truly agreed SS/SCS/HCS/HB 2120 (2020).
RESTRICTIVE COVENANTS (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), HCS/SB 664 (2020), and HB 2526 (2020).
EMINENT DOMAIN FOR UTILITY PURPOSES (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).
SUNSHINE LAW (Section 610.021):
The act adds individually identifiable customer usage and billing records for customers of a municipally owned utility, unless the records are requested by the customer or authorized for release by the customer, to the list of records that may be closed under the Sunshine Law. A municipally owned utility shall make available to the public the customer's name, billing address, location of service, and dates of service provided for any commercial service account.
This provision is identical to a provision contained in the truly agreed SS#2/SCS/HCS/HB 1854 (2020), HB 1953 (2020) and similar to SB 828 (2020).
RURAL BROADBAND ACCESS (Sections 620.2451 & 620.2459):
The act extends the sunset of the Broadband Internet Grant Program to June 30, 2027.
Additionally, the 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 funds have been retained, withheld, or not distributed to due failure to meet performance standards or other criteria, the Department shall seek to have the funds awarded to another eligible, qualified Missouri broadband provider.
These provisions are identical to provisions contained in the truly agreed SS/SCS/HB 1768 (2020) and SS/SB 632 (2020).
WATER SAFETY AND SECURITY ACT (Sections 640.141-640.145):
This act requires community water systems, as such term is defined in the act, that use an internet-connected control system to create a plan that establishes policies and procedures for identifying and mitigating cyber risk. Such plans shall include information as set forth in the act. State parks, cities with more than 30,000 inhabitants, Jackson County, St. Louis County, and certain regulated water utilities are exempt from these provisions.
Additionally, the act requires community water systems to create a valve and hydrant inspection program as set forth in the act. State parks, certain cities and counties, and certain regulated water utilities are exempt from these provisions.
Upon request, community water systems shall submit a report to the Department of Natural Resources certifying compliance with all regulations regarding water sampling, testing, and reporting, hydrant and valve inspections, and cyber security plans and policies.
These provisions are identical to the truly agreed SS/SCS/HCS/HB 2120 (2020) and similar to SCS/SB 66 (2019) and HB 801 (2019).
TASK FORCE ON WIND ENERGY (Section 393.1073):
Finally, the act repeals the Task Force on Wind Energy.
This provision is identical to a provision contained in HCS/SCS/SB 616 (2020) and HB 2454 (2020).
JAMIE ANDREWS