HB 1148 -- PETROLEUM STORAGE TANKS

This bill makes several changes to the regulations covering
petroleum storage tanks.  In its main provisions, it:

(1)  Changes where those owners of underground storage tanks
brought into service after August 28, 1998, wishing to
participate in the Petroleum Storage Tank Insurance Fund are to
remit the $100 per tank application fee, from the Department of
Natural Resources to the Board of the Petroleum Storage Tank
Insurance Fund (board), and specifies that the application fee
is a one-time payment;

(2)  Changes where those owners of aboveground storage tanks
wishing to participate in the Petroleum Storage Tank Insurance
Fund are to remit the $100 per tank application fee, from the
Department of Natural Resources to the board, and specifies that
the application fee is a one-time payment;

(3)  Allows the board to employ legal counsel to defend third--
party claims;

(4)  Extends the sunset date on the Petroleum Storage Tank
Insurance Fund, from December 31, 1998, to December 31, 2003;

(5)  Prohibits marine terminals from participating in the
insurance fund;

(6)  Clarifies that the insurance fund covers third-party claims
involving property damage or bodily injury caused by leaking
storage tanks if the storage tank owner or operator is
participating in the fund at the time the release occurs or is
discovered;

(7)  Specifies that the fund, rather than the Attorney General
bringing an action to recover costs and expenses owed to the
fund, is to provide the defense of third-party claims, including
negotiating settlements;

(8)  Transfers authority from the Department of Natural
Resources to the board to disapprove the costs and expenses
associated with environmental engineering services if such costs
are deemed excessive; and

(9)  Makes the board, and not the Department of Natural
Resources, responsible for establishing rules for remediation
and cleanup work, including bids related to such work.

HB 1148 -- PETROLEUM STORAGE TANKS (Rizzo)

This bill makes several changes to the regulations covering
petroleum storage tanks.  In its main provisions, it:

(1)  Changes where those owners of underground storage tanks
brought into service after August 28, 1998, wishing to
participate in the Petroleum Storage Tank Insurance Fund are to
remit the $100 per tank application fee, from the Department of
Natural Resources to the Board of the Petroleum Storage Tank
Insurance Fund (Board), and specifies that the application fee
is a one time payment;

(2)  Changes where those owners of aboveground storage tanks
wishing to participate in the Petroleum Storage Tank Insurance
Fund are to remit the $100 per tank application fee, from the
Department of Natural Resources to the Board, and specifies that
the application fee is a one time payment;

(3)  Allows the Board to employ legal counsel to defend third--
party claims;

(4)  Extends the sunset date on the Petroleum Storage Tank
Insurance Fund, from December 31, 1998, to December 31, 2003;

(5)  Prohibits marine terminals from participating in the
insurance fund;

(6)  Clarifies that the insurance fund covers third-party claims
involving property damage or bodily injury caused by leaking
storage tanks if the storage tank owner or operator is
participating in the fund at the time the release occurs or is
discovered;

(7)  Specifies that the fund, rather than the Attorney General
bringing an action to recover costs and expenses owed to the
fund is to provide the defense of third-party claims, including
negotiating settlements;

(8)  Transfers authority from the Department of Natural
Resources  to the Board to disapprove the costs and expenses
associated with environmental engineering services if such costs
are deemed excessive; and

(9)  Makes the Board, and not the Department of Natural
Resources, responsible for establishing rules for remediation
and clean-up work, including bids related to such work.

FISCAL NOTE:  No impact on state funds.

HB 1148 -- PETROLEUM STORAGE TANKS

SPONSOR:  Rizzo

COMMITTEE ACTION:  Voted "do pass" by the Committee on Commerce
by a vote of 23 to 0.

This bill makes several changes to the regulations covering
petroleum storage tanks.  In its main provisions, it:

(1)  Changes where those owners of underground storage tanks
brought into service after August 28, 1998, wishing to
participate in the Petroleum Storage Tank Insurance Fund are to
remit the $100 per tank application fee, from the Department of
Natural Resources to the Board of the Petroleum Storage Tank
Insurance Fund (Board), and specifies that the application fee
is a one time payment;

(2)  Changes where those owners of aboveground storage tanks
wishing to participate in the Petroleum Storage Tank Insurance
Fund are to remit the $100 per tank application fee, from the
Department of Natural Resources to the Board, and specifies that
the application fee is a one time payment;

(3)  Allows the Board to employ legal counsel to defend third--
party claims;

(4)  Extends the sunset date on the Petroleum Storage Tank
Insurance Fund, from December 31, 1998, to December 31, 2003;

(5)  Prohibits marine terminals from participating in the
insurance fund;

(6)  Clarifies that the insurance fund covers third-party claims
involving property damage or bodily injury caused by leaking
storage tanks if the storage tank owner or operator is
participating in the fund at the time the release occurs or is
discovered;

(7)  Specifies that the fund, rather than the Attorney General
bringing an action to recover costs and expenses owed to the
fund is to provide the defense of third-party claims, including
negotiating settlements;

(8)  Transfers authority from the Department of Natural
Resources  to the Board to disapprove the costs and expenses
associated with environmental engineering services if such costs
are deemed excessive; and

(9)  Makes the Board, and not the Department of Natural
Resources, responsible for establishing rules for remediation
and clean-up work, including bids related to such work.

FISCAL NOTE:  No impact on state funds.

PROPONENTS:  Supporters say that the bill's provisions help
ensure that contaminated properties are cleaned up and thereby
promote economic development.

Testifying for the bill were Representative Rizzo; Petroleum
Storage Tank Insurance Fund; Missouri Petroleum Marketers
Association; and Missouri Oil Council.

OPPONENTS:  There was no opposition voiced to the committee.

Debra Cheshier, Senior Legislative Analyst

HB 1148 -- Petroleum Storage Tanks

Sponsor:  Rizzo

This bill makes several changes to the regulations covering
petroleum storage tanks.  In its main provisions, it:

(1)  Changes where those owners of underground storage tanks
brought in to service after August 28, 1998, wishing to
participate in the Petroleum Storage Tank Insurance Fund are to
remit the $100 per tank application fee, from the Department of
Natural Resources to the Board of the Petroleum Storage Tank
Insurance Fund (Board), and specifies that the application fee
is a one time payment;

(2)  Changes where those owners of aboveground storage tanks
wishing to participate in the Petroleum Storage Tank Insurance
Fund are to remit the $100 per tank application fee, from the
Department of Natural Resources to the Board, and specifies that
the application fee is a one time payment;

(3)  Allows the Board to employ legal counsel to defend third--
party claims;

(4)  Extends the sunset date on the Petroleum Storage Tank
Insurance Fund, from December 31, 1998, to December 31, 2003;

(5)  Prohibits marine terminals from participating in the
insurance fund;

(6)  Clarifies that the insurance fund covers third-party claims
involving property damage or bodily injury caused by leaking
storage tanks if the storage tank owner or operator is
participating in the fund at the time the release occurs or is
discovered;

(7)  Specifies that the fund, rather than the Attorney General
bringing an action to recover costs and expenses owed to the
fund is to provide the defense of third-party claims, including
negotiating settlements;

(8)  Transfers authority from the Department of Natural
Resources  to the Board to disapprove the costs and expenses
associated with environmental engineering services if such costs
are deemed excessive; and

(9)  Makes the Board, and not the Department of Natural
Resources, responsible for establishing rules for remediation
and clean-up work, including bids related to such work.