HB 1149 Pertains to the regulation of water

     Handler: Scott

Current Bill Summary

- Prepared by Senate Research -


SCS#2/HCS/HB 1149 - The act allows any public water supply and sewer districts as well as municipalities to lay, install, construct, repair, and maintain sewer and water lines in public roads provided the districts and/or municipalities adhere to any applicable local regulations.

The act includes municipalities as well as public water supply and sewer districts to the list of utilities subject to the jurisdiction of the state highways and transportation commission in the event that they work on infrastructure within the right-of-way of any state highway.

The act extends the expiration date for the public drinking water primacy fees until September 1, 2012. Such fees are in place for the purpose of complying with federal drinking water requirements. The act increases these fees to accommodate new guidelines; the fee amounts are described in the act. The language in this section is identical to SB 1037 (2006).

The act modifies the definition of "point source" to exclude any agricultural storm water discharges and return flows from agriculture. The language in this section is identical to SB 985 (2006).

The act directs that any listing of impaired waters that is to be sent to the Environmental Protection Agency shall first be adopted by the clean water commission after a public hearing or a series of hearings. Notification requirements for such hearing are described in the act, including the information that shall be published on the department of natural resource's website. The proposed list of impaired waters shall include a variety of information on the pollutants causing violations in the water quality while at the same time, the department shall make available on their website information pertaining to the reasoning behind the proposed list The department shall publish a revised list based on public comment, after which, the commission may adopt a list based upon the department's comments.

The provisions of the act expire on August 28, 2009. The language in this section is identical to SCS/SB 1242 (2006).

The act authorizes the Department of Natural Resources to require a bond as a condition of issuing permits for facilities that utilize innovative technologies for wastewater treatment. The requirement is not mandatory under the act, rather it has been left to the department to make that decision. The act makes it clear that any wastewater treatment designs approved by a federal agency or environmental regulatory agency in another state would not have to be bonded. The language in this section is identical to SCS/SB 1081 (2006).

The act extends the fees imposed under the water pollution statutes until December 31, 2009.

The act directs the creation of a joint committee that shall consider proposals for restructuring the fees imposed under section 644.052 and 644.053 RSMo, as well as the state's implementation of the federal clean water program, stormwater programs and related state clean water responsibilities. The committee's report shall be due no later than December 31, 2008. The language in this section is similar to the HCS/SB 1165 (2006).

This act authorizes the Board of Fund Commissioners, in addition to amounts authorized prior to August 28, 2007, to issue bonds for grants and loans pursuant to several sections of Article III of the Missouri Constitution.

The authorizations are for: (1) $10 million of bonds for waste water pollution control, drinking water system improvements, and storm water control pursuant to Section 37(e); (2) $10 million of bonds for rural water and sewer projects pursuant to Section 37(g); and (3) $20 million of bonds for storm water control plans, studies, and projects in first classification counties and the City of St. Louis pursuant to Section 37(h). The language in this section is similar to SB 246 (2005).

The act allows any facility built within St. Louis that is in compliance with applicable building and plumbing codes to delay providing an equal number of bathrooms and diaper changing stations for men and women until one year following the date of the facility's substantial completion.

MEGAN WORD


Go to Main Bill Page  |  Return to Summary List  |  Return to Senate Home Page