PUBLIC RIGHT-OF-WAY (Section 67.1847)

Under this act, any public utility engaged in providing fiber networks to customers using fiber networks, built whole or in part in a political subdivision's right-of-way, who is not subject to franchise fees or gross receipts tax before August 28, 2021, shall pay to the political subdivision a gross receipts tax of 7.5% and shall not pay a linear foot fee.

This provision is identical to SB 559 (2021) and similar to provisions contained in the truly agreed CCS/SS#2/SCS/HCS/HB 271 (2021).

TAXATION OF PROPERTY ASSOCIATED WITH THE PRODUCTION OF ENERGY (Sections 137.123 & 153.030)

Beginning January 1, 2022, this act provides a depreciation table for the purposes of assessing all real and tangible personal property 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), HCS/HB 845 (2021), and to provisions contained in HCS/SCS/SB 616 (2020), and are similar to provisions contained in the truly agreed CCS/SS/SCS/HCS/HB 734 (2021), HCS/HB 845 (2021), and SB 379 (2021).

COMMON SEWER DISTRICTS (Section 204.569)

Under current law, when an unincorporated sewer subdistrict of a common sewer district has been formed, the board of trustees of the common sewer district shall have the power to issue bonds, and the issuance of such bonds shall require the assent of 4/7 of the voters of the subdistrict on the question. This act states that as an alternative to such vote, if the subdistrict is a part of a common sewer district located in whole or in part in certain counties, bonds may be issued for such subdistrict if the question receives the written assent of 3/4 of the customers, as such term is defined in the act, of the subdistrict.

This provision is identical to SB 558 (2021), a provision contained in the truly agreed HCS/SS/SB 44 (2021), a provision contained in the truly agreed CCS/SS/SCS/HCS/HB 734 (2021), a provision contained in the truly agreed CCS/SS#2/SCS/HCS/HB 271 (2021), a provision contained in the perfected HCS/HB 835 (2021), and a provision contained in HCS/SCS/SB 40 (2021).

RENEWABLE NATURAL GAS PROGRAM (Section 386.895)

This act requires the Public Service Commission to by rule a natural gas program for gas corporations. 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.

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.

This provision is identical to HCS/HB 892 (2021), and similar 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 CCS/HCS/SS/SB 141 (2021).

UTILITY SERVICES (Section 393.125)

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 similar to a provision in the truly agreed CCS/SS/SCS/HCS/HB 734 (2021), the truly agreed HCS/SS/SB 44 (2021), SB 230 (2021), and is identical to SB 1048 (2020), a provision contained in HCS/SCS/SB 617 (2020), and a provision in HCS/SB 664 (2020).

JAMIE ANDREWS