HB 200 Modifies and creates new provisions relating to environmental protection

     Handler: Gregory (21)

Current Bill Summary

- Prepared by Senate Research -


HB 200 - This act modifies and creates new provisions relating to environmental protection.

SALES TAX COLLECTED FOR PARK PURPOSES (Section 67.1754)

The act provides that 50% of the sales tax collected from each county shall be returned to the county for park purposes, which may include storm water management projects for the purpose of building a park or greenway or for the deployment and augmentation of natural infrastructure or features of the park that would provide benefits to the community.

This provision is identical to HCS/HB 1271 (2025).

SEWER SERVICE LINE REPAIR FEE (Section 249.422)

Currently, certain cities may levy and impose annually a fee not to exceed $50 for the repair of lateral sewer service lines. The act provides that such fee shall not exceed $100.

This provision is identical to HB 1306 (2025).

RADIOACTIVE WASTE INVESTIGATION FUND (Section 260.558)

The act modifies provisions relating to the Radioactive Waste Investigation Fund.

The act provides that the Fund shall not be used for any costs associated with clean up efforts. The Fund may accept, without limitation, funds from gifts, bequests, and devises.

Requests for investigation relating to radioactive waste contamination may be submitted in writing to the Department of Natural Resources by local governing bodies, local community groups, or individuals located within a specified area of concern.

During the investigation, a sampling and analysis plan by the Department shall be developed to determine if radioactive contaminants in the area of concern exceed federal standards set by the United States Environmental Protection Agency. The investigation may include the collection of soil, dust, and water samples from the specified area. Currently, the plan may include dust samples collected inside residential homes. Under the act, the plan may include samples collected on private property.

If the Department has evidence or reasonably suspects that radioactive contaminants are located on property owned by a governmental agency that will not grant access to collect samples, the Department may seek a warrant to access the property to collect the samples.

The act repeals the provision requiring the Department to report the final sampling results to the local governing body requesting the investigation.

The transfer to the Fund from the Hazardous Waste Fund shall not exceed $150,000 per fiscal year. The act repeals the provision relating to investigation costs. Any moneys transferred from the Hazardous Waste Fund remaining in the Fund at the end of the biennium shall revert to the credit of the Hazardous Waste Fund. Moneys received from general revenue, gifts, bequests, devises, or any other source shall remain in the Fund.

The Department shall seek reimbursement of expenses incurred during radioactive waste clean up from any federal agency responsible for the site.

These provisions are similar to SS/SCS/HCS/HBs 516, 290 & 778 (2025).

FEES COLLECTED BY THE EMERGENCY RESPONSE COMMISSION (Section 292.606)

Currently, fees collected by the Emergency Response Commission shall be for a period of six years from August 28, 2018. Under the act, such fees shall be collected for a period or six years from August 28, 2025.

A one-time fee shall be assessed and calculated based on the filing due on March 1, 2025, and shall be paid by November 1, 2025.

This provision is identical to HCS/HB 70 (2025), a provision in the perfected HB 627 (2025), a provision in HCS/SS/SB 7 (2025), a provision in HCS/SS/SCS/SB 71 (2025), a provision in CCS/HCS/SS/SCS/SBs 81 & 174 (2025), a provision in HCS/SB 189 (2025), and similar to a provision in HCS/SS#2/SCS 10 (2025), a provision in SB 143 (2025), SB 564 (2025).

WIND ENERGY CONVERSION SYSTEMS (Section 393.2600)

The act provides that, after August 28, 2025, no new wind energy conversion system shall begin commercial operations in the state unless the developer, owner, or operator of the system applies to the Federal Aviation Administration for installation of a light-mitigating technology system that complies with the code of federal regulations. If the installation is approved by the Administration, the developer, owner, or operator shall install the light-mitigating technology system on approved turbines within twenty-four months of receiving the approval.

Prior to August 28, 2033, any developer, owner, or operator of a wind energy conversion system without a light-mitigating technology system shall apply to the Administration for installation and operation of the light-mitigating technology system that complies with the code of federal regulations. If the installation is approved by the Administration, the developer, owner, or operator shall install the light-mitigating technology system on approved turbines within twenty-four months of receiving the approval.

Any vendor selected for installation of a light-mitigating technology system shall provide to the Department of Natural Resources a notice of the progress of the installation of the system.

If the installation is delayed beyond the 24-months requirement, the vendor shall provide notice to the Department no less than once every three months with an update on the reasons for the delay and the current status of installation. The Department shall establish policies and procedures to establish a uniform schedule for submitting such notice.

Any costs associated with the installation, implementation, operation, and maintenance of the light-mitigating technology system shall be the responsibility of the developer, owner, or operator of the wind energy conversion system.

Any developer, owner, or operator that is approved to install a light-mitigating technology system but does not install the system, as provided in the act, shall be fined $5000 per day per wind turbine until the developer, owner, or operator installs the system.

These provisions are similar to provisions in HCS#2/HBs 440 & 1160 (2025), HB 1124 (2025), HCS/HBs 1263 & 1124 (2025).

SEWAGE DISPOSAL (Section 701.040 and 701.046)

Currently, a state standard for the location, size of sewage tanks and length of lateral lines is based on the percolation or permeability rate of the soil, among other specified factors. The act repeals this provision and provides that the state standard shall be based on soil properties.

Currently, the Department of Health and Senior Services shall define a list of persons who are qualified to perform the percolation test. The act repeals this provision and provides that the Department shall define the list of on-site soil evaluators registered by the Department to conduct soils morphology evaluations required by the state standard.

The act repeals the provision for an education training program where contractors may be taught and allowed to perform percolation tests.

The act repeals provisions relating to the Department of Health and Senior Services periodically reviewing any county and city regulation and enforcement record to ensure that the state standard for sewage regulation is being enforced.

The act establishes a mandatory registration program requiring continuing education for on-site wastewater treatment system professionals before January 1, 2026. Before January 1, 2026, the administrative authority may accept a percolation test at its own discretion if a soil morphology evaluation cannot be reasonably obtained. This provision shall be void and of no effect after December 31, 2025.

The act further provides that no person may construct or make major modifications to an on-site sewage disposal system without first submitting an application fee in the amount established by the city, county, or department and obtaining a construction permit.

The act repeals certain provisions relating to the application fee and a provision relating to an additional fee necessary to cover the expense of training contractors electing to perform percolation tests.

The Department shall promulgate regulations establishing the conditions and requirements for the construction permit application, including the collection of reasonable fees set at a level to produce revenue not exceeding the cost and expense of administering the provisions under the act.

These provisions are identical to provisions in HCS/SS/SB 61 (2025), SB 601 (2025).

JULIA SHEVELEVA


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