Missouri Senate

Senate Committee Substitute

SECTION 29.380 - STATE AUDITOR

The act requires the State Auditor to conduct an audit of each solid waste management district in the state.

SECTIONS 59.319 TO 60.620 - LAND SURVEY PROGRAM

Under current law, $1 of a $4 fee collected by county recorders is remitted to the state for purposes of administering state land survey duties by the Department of Natural Resources. The act creates the Missouri Land Survey Fund and directs the fee revenue into this fund.

The act changes the name of the State Land Survey Authority to the Land Survey Program and updates statutory references in numerous places.

The act modifies several of the land survey duties of the Department of Natural Resources. It directs the department to provide the framework for all geodetic positioning activities in the state. Under current law, the department's regulations for land surveyors are advisory in nature; the act removes the advisory nature of the department's regulations, making the department's regulations enforceable. It removes the department's duty to appoint a state land surveyor.

The act changes the name of the Land Survey Advisory Committee to the Land Survey Commission and increases the membership on the Commission from 5 to 7. It limits members to three consecutive terms. The act adds a few additional duties to the Commission: providing recommendations on the operation of the land survey program and the selection of the state land surveyor. It also requires the Attorney General to advise the Commission upon its request and represent the Commission in legal proceedings.

The act allows revenue from sales of the department's surveying information to be deposited in the Department of Natural Resources Revolving Services Fund and expands what the Fund may be used for, which includes computer hardware and software and personnel related to retail services provided by the land survey program to the public.

These provisions are similar to SB 814 (2012) and HCS/HB 1395 (2012).

SECTION 67.4505 - DRINKING WATER SUPPLY LAKE AUTHORITY

This act allows Christian County to establish a county drinking water supply lake authority.

This section is identical to HB 1662 (2012).

SECTION 259.010 TO 259.070 - STATE OIL & GAS COUNCIL

The act modifies the composition of the State Oil and Gas Council by replacing one of the two Governor-appointed members of the council with a representative of the Missouri Independent Oil and Gas Association and specifying that the University representative be from UM-Rolla's Petroleum Engineering department. The amendment also requires the Council to biannually review the state laws and regulations on oil and gas drilling and make any recommendations for changes. The Council may form an advisory committee to help it conduct the annual law review.

SECTION 260.330 - SOLID WASTE FEES

Current law requires an annual adjustment for inflation to the $1.50 and $1 per ton fees charged by operators of solid waste sanitary landfills, demolition landfills, and transfer stations, except no adjustment is allowed during the years 2005 through 2014. This act removes the 2014 end date, effectively disallowing an inflation adjustment to these fees any time after October 1, 2005.

This section is identical to SB 778 (2012).

SECTION 260.373 - HAZARDOUS WASTE

The act prohibits the Missouri Hazardous Waste Commission from promulgating any state regulation that either exceeds certain hazardous waste requirements under the federal Resource Conservation and Recovery Act (RCRA) or that implements a requirement before RCRA requires implementation. The act permits certain exceptions to this prohibition as listed.

By December 31, 2013, the Department of Natural Resources must identify any of its rules that are inconsistent with the act and must thereafter amend any such rule. After December 31, 2015, any inconsistent rule becomes unenforceable.

The Department may not selectively exclude any or part of any state hazardous waste regulation in certain authorization applications to the U.S. Environmental Protection Agency.

SECTION 260.392 - TRANSPORTING RADIOACTIVE WASTE

The act exempts all highway route controlled quantity shipments of radioactive materials from the fees for transporting radioactive waste. The act further provides that carriers transporting highway route controlled quantities of radioactive material that have been subject to federal inspection, and have passed federal inspection, shall not be subject to additional inspections. The Missouri Highway Patrol must establish procedures and fees to provide for reimbursement of state escort services provided for shipments of highway route controlled quantities of radioactive materials. Fees may not exceed $500 per trip or $2,000 per year. Revenue from the fees shall be credited to the Environmental Radiation Monitoring Fund, to be used by the Department of Natural Resources for related activities.

Current law requires fees for transporting radioactive waste to be paid before shipment; the act makes fees due after shipment.

This section is similar to HCS/SB 470 (2012) and SCS/HCS/HB 1640 (2012).

SECTION 292.606 - MISSOURI EMERGENCY RESPONSE COMMISSION

Currently, fees that certain employers and business that store, use, produce, or transport petroleum and other hazardous materials pay to the Missouri Emergency Response Commission are set to sunset on August 28, 2012. This act extends that sunset to August 28, 2018.

Employers required to report hazardous substances, known as Tier II filers, may request the Commission to distribute the report to the local emergency planning committees and fire departments by paying a $10 fee for each facility listed which shall not be applied to the employer's fee cap.

This section is is identical to HCS/HB 1647 (2012) and SB 868 (2012).

SECTIONS 301.010 & 304.033 - RECREATIONAL OFF-HIGHWAY VEHICLES

This act modifies the definition of recreational off-highway vehicle (OHV) by increasing the width and weight limit of the vehicle. The width is increased from 60 inches to 64 inches and the unladen dry weight of the OHV is increased from 1,850 pounds to 2,000 pounds.

Under the act, recreational OHVs shall not be operated on highways except for:

(1) Governmental owned and operated recreational OHVs for official use;

(2) Recreational OHVs operated for agricultural purposes or industrial on-premise purposes;

(3) Recreational OHVs operated within three miles of the operator's primary residence but only for the purpose of accessing property owned or leased by the operator. This exception shall not apply in cities unless such cities authorize the operation by permit;

(4) Recreational OHVs operated occasionally by handicapped persons for short distances only on the state secondary roads;

(5) Governing bodies of cities may issue special permits to licensed drivers for special uses of recreational OHVs on highways within the city limits. Fees of $15 may be collected and retained by cities for such permits;

(6) Governing bodies of counties may issue special permits to licensed drivers for special uses of recreational OHVs on county roads within the county. Fees of $15 may be collected and retained by the counties for such permits.

No person shall operate a recreational OHV within any stream or river except by an operator who owns the property or has permission to be on the property on which the waterway flows through or when fording a low-water crossing.

A person operating a recreational OHV on a highway shall have a valid operator's or chauffeur's license.

Under the terms of the act, an individual shall not operate a recreational OHV upon on a highway in this state: without displaying a lighted headlamp and tail lamp; without wearing a seatbelt; and any recreational OHV must have a roll bar or roll cage.

These provisions are also contained in SCS/HCS/HB 1640 (2012).

SECTIONS 304.120 & 537.293 - USE OF VEHICLES ON PUBLIC ROADS

Under current law, municipalities may enact ordinances that limit the use of certain designated streets to passenger vehicles. This act modifies this authorization by requiring municipalities to allow at least one street, with lawful traffic movement and access from both directions, to be available for use by commercial motor vehicles to access any roads in the state highway system. No municipality may pass an ordinance that denies the use of commercial motor vehicles on all streets within the municipality.

Under the act, the use of motor vehicles on a public street or highway in a manner which is legal under state and local law shall not constitute a public or private nuisance, and shall not be the basis of a civil action for public or private nuisance. Any actions by a court to enjoin the use of a public street or highway and any damages awarded or imposed by a court, or assessed by a jury, against an individual or business entity for public or private nuisance in violation of this act shall be null and void.

These provisions are similar to SB 277 (2011).

SECTIONS 414.530 TO 414.570 - MISSOURI PROPANE EDUCATION & RESEARCH COUNCIL

Under current law, there are 3 ways for the director of the Missouri Energy Center to initiate a referendum on the abolishment of the Missouri Propane Education and Research Council and the fee for odorized propane. This act removes one of these 3 ways, which is at the discretion of the director.

Current law allows vacancies on the council to be filled by the remaining members of the council, subject to the approval of the director. This act removes the requirement that the director must approve the appointment and instead requires the council to fill vacancies after a public nomination process.

Current law requires the council to submit a budget plan to the director at the beginning of each fiscal period and requires the director to either approve or recommend changes to the budget after a public comment period. The act removes the director's involvement in the budget approval, and instead requires the budget plan be submitted for public comment at least 30 days prior to the beginning of each fiscal period, and authorizes the council to approve or modify the budget after the public comment period.

The act removes the authority of the director to require additional reports from the council at his or her discretion beyond what is already required under current law.

Authority to establish an alternative means to collect the odorized propane fee and set late payment charges is currently given to the director. This act transfers this authority to the council. The interest rate charged for late payments may not exceed the legal rate for judgments.

The act removes provisions that allow the National Propane Education and Research Council to coordinate its operations with Missouri's council and that authorize Missouri's council to keep funds resulting from a federal rebate on propane fees.

These sections are identical to SB 297 (2009) and HB 751 (2009).

SECTION 577.073 - COMMERCIAL ACTIVITIES IN STATE PARKS

Current law prohibits any person from conducting commercial activities within a state park except with written permission or if under a concession contract. This act removes this provision.

SECTION 640.100 - PUBLIC DRINKING WATER FEES

Under current law, the authority expires on September 1, 2012, for the Department of Natural Resources to impose an annual per customer fee for connections to a public water system. This act extends the expiration date to September 1, 2017.

This section is identical to SB 889 (2012).

SECTION 643.225 - ASBESTOS

The act provides an exemption to certain asbestos-related state requirements for businesses that regularly engage in asbestos abatement at their locations and that are subject to federal laws relating to construction work and asbestos. The exemption applies to state requirements for: certification of certain individuals for asbestos-related work, accreditation for asbestos-related training programs, registration as an asbestos abatement contractor, and notification of the Department of Natural Resources for certain-sized asbestos abatement projects. Certain entities are not eligible for the exemption.

To receive the exemption, businesses must submit to the Department of Natural Resources information about their asbestos-related employee training programs and their asbestos abatement projects. If the Department determines that the entity does not qualify for the exemption, it may deny the exemption but must notify the entity of the denial within a 180-day timeframe. Entities whose exemptions are denied may appeal. Exempted entities must submit a one-time fee of $250 for the exemption and must submit documentation of any significant changes as they occur over time in their asbestos-related training programs. Entities that receive an exemption before August 28, 2012, are exempt from the fee.

The act allows staff of the Department of Natural Resources to attend, without prior notice, any asbestos-related training programs of exempted entities.

This section is identical to SB 898 (2012).

SECTION 644.016 TO 644.145 - WATER POLLUTION CONTROL

The act adds a definition for "general permit template", which is a draft general permit that is developed with public participation.

The act requires that certain persons who participated in the public participation process for the promulgation of rules by the Clean Water Commission must also be able to provide additional comments or response at the Commission's meeting at which the proposed rule receives a vote to become final.

Current law provides requirements for the solicitation of input from permit holders and potential permit applicants when the Clean Water Commission is developing or renewing a general permit or a permit by rule for an aquaculture facility. The act removes these public input requirements. The act also removes a provision that provides that aquaculture facilities only need a general permit unless the applicant requests a site-specific permit.

Current law requires applications for renewal of an operating permit to be filed at least 180 days before the currently valid operating permit expires. The act makes the 180-day requirement applicable only to site-specific operating permits and reduces the renewal filing time requirement to 30 days in advance of the expiration date for renewals of general permits. The act allows general permits to be acquired electronically once available by the Department.

The act adds time frames for department review and issuance of general permits. When there is no public participation required, the department must issue or deny an initial general permit within 60 days of receipt of the application and must issue or deny a renewal general permit within 60 days of the later of receipt of the application or the finalization of a new general permit shell. When public participation is required, the department's review time frame is increased to 90 days.

Beginning January 1, 2013, the Department of Natural Resources must comply with certain public participation requirements when issuing a new general permit or when reissuing a general permit for aquaculture, land disturbance, or for general permits under which 50 or more permits were issued during the preceding 5-year period. The act includes requirements for public notice, time frames for holding a public meeting and accepting public comments, and electronic notification of current permittees of the general permit that is being modified.

Current law requires the Department to make a finding of affordability when issuing water pollution control permits for combined or separate sanitary sewer systems or publicly owned treatment works. The act requires the affordability finding to also be made for stormwater sewer systems. The act provides three exceptions to the affordability finding requirement: for collection system extension permits; operating permit renewals with no new environmental requirements; and when the permit applicant certifies that the permit requirements are affordable or otherwise waives the affordability requirement. The act gives the permit applicant the opportunity to review the department's affordability finding and suggest changes. Reasonable time spent on the affordability finding shall be considered in addition to the department's required permit review time frames.

These sections are similar to SB 889 (2012).

SECTION 650.230 - PRESSURE VESSELS

Under current law, pressure vessels located in a place of public assembly that do not exceed 5 cubic feet in volume and 250 pounds per square inch gauge are exempt from otherwise applicable state regulations. The act changes the 5 cubic feet criteria to 10 cubic feet for this exemption.

SECTION 260.255 - NEWSPAPER PUBLISHERS

The act repeals section 260.255 which requires certain newspaper publishers to file a statement with the Department of Natural Resources declaring whether or not they have complied with recycled paper content percentage requirements.

This section is identical to SB 889 (2012).

The act includes an emergency clause for Section 577.073, relating to commercial activities in state parks.

ERIKA JAQUES