CCS/HCS/SS/SB 141 - This act modifies provisions relating to utilities. ENERGY CONNECTIONS (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. Utility services shall include natural gas, propane gas, electricity, and any other form of energy provided to an end user customer.
This provision is identical to a provision in the truly agreed CCS/SS/SCS/HCS/HB 734 (2021) and the truly agreed HCS/SS/SB 44 (2021), and is similar to SB 1048 (2020), a provision contained in HCS/SCS/SB 617 (2020), and a provision in HCS/SB 664 (2020).
RENEWABLE NATURAL GAS (Section 386.895):
This act requires the Public Service Commission to adopt rules for gas corporations to offer a voluntary renewable natural gas program. The Commission shall establish reporting requirements and a process for gas corporations to fully recover incurred costs that are prudent, just, and reasonable associated with a renewable natural gas program. Such recovery shall not be permitted until the project is operational and produces renewable natural gas for customer use.
Any costs incurred by a gas corporation that are prudent, just, and reasonable shall be recovered by means of an automatic adjustment clause.
An affiliate of a gas corporation shall not be prohibited from making a capital investment in a biogas production project if the affiliate is not a public utility as defined in statute.
The Division of Energy shall provide a report on the program to certain members of the General Assembly by January 1, 2023. The report shall contain information as set forth in the act.
The renewable natural gas program shall expire 9 years after the program is established, unless reauthorized by the General Assembly; provided that any rate adjustment authorized by the act shall continue so long as the program remains in operation and produces renewable natural gas for customer use.
This provision is similar to HCS/HB 892 (2021), and identical to a provision contained in the truly agreed CCS/SS/SCS/HCS/HB 734 (2021), a provision in the perfected HCS/HB 835 (2021), a provision in HCS/SCS/SB 40 (2021), and a provision in HCS/SCS/SB 40 (2021).
CONSTRUCTION OF ELECTRIC TRANSMISSION LINES (Sections 393.170 & 523.262):
Under this act, the Public Service Commission shall not issue a certificate of convenience and necessity for a merchant line, as such term is defined in the act, until the entity, which is defined as an electrical corporation 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, requesting the certificate has provided the Commission with a resolution of support passed by the county commission of each county through which the merchant line will be built.
Additionally, in a provision relating to the power of eminent domain, 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. This provision applies to any property or easement acquisition started on or after August 28, 2021. Further, this provision does not apply to rural electric cooperatives, or certain other corporations operating under a cooperative business plan.
These provisions are identical to HCS/HB 1415 (2021) and the perfected HCS/HB 527 (2021), and are similar to SB 508 (2021), SCS/SBs 597 & 604 (2020), HCS/HB 2033 (2020), HCS/HB 2094 (2020), HB 1877 (2020), and SCS/HB 1062 (2019).
RURAL ELECTRIC COOPERATIVES (Section 394.120):
The board of directors of a rural electric cooperative shall have the power to set the time and place of the annual meeting and also to provide for voting by proxy, electronic means, by mail, or any combination thereof, and to prescribe the conditions under which such voting shall be exercised. The meeting requirement may be satisfied through virtual means.
This provision expires on August 28, 2022.
This provision is identical to a provision in the perfected SS/SB 333 (2021), a provision in the perfected SS#2/SCS/SB 202 (2021), a provision in the truly agreed HCS/SS/SB 44 (2021), and a provision in the truly agreed CCS/SS/SCS/HCS/HB 734 (2021).
JAMIE ANDREWS