SB 445 Modifies provisions relating to environmental protection
Sponsor: Romine
LR Number: 1944S.06T Fiscal Notes
Committee: Commerce, Consumer Protection, Energy and the Environment
Last Action: 7/14/2015 - Signed by Governor Journal Page: S1761
Title: CCS HCS SCS SB 445 Calendar Position:
Effective Date: August 28, 2015
House Handler: Miller

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Current Bill Summary


CCS/HCS/SCS/SB 445 - This act modifies provisions relating to environmental protection.

AUDITS (Sections 29.380 & 260.325) - Currently, the State Auditor shall conduct audits of solid waste management districts and may request reimbursement for such audits. Under this act, the State Auditor may conduct audits and may request reimbursement for such audits with the reimbursement deposited in the Petition Audit Revolving Trust Fund. If the Auditor does request such reimbursement, the solid waste management districts shall reimburse the Auditor for such audits. Such reimbursement shall be limited to 2% of the solid waste management district's annual allocation.

This act also modifies the frequency of financial audits for solid waste management districts. Currently, districts receiving more than $200,000 annually are required to have an annual audit while districts receiving less than $200,000 are required to have an audit every 2 years. The Department of Natural Resources is required to audit district grants every 3 years. Under this act, districts receiving more than $800,000 annually are required to have an annual audit, while districts receiving $800,000 or less but more than $250,000 are required to have an audit every 2 years. All other districts shall be monitored every 2 years by the Department of Natural Resources, and they may be required to arrange an independent audit. Further, the Department shall audit district grants every 5 years, or as deemed necessary based upon district grantee performance.

SOLID WASTE MANAGEMENT PROJECTS (Sections 260.200 & 260.335) - This act defines the term "solid waste management projects" and changes certain references to "projects" to "solid waste management projects".

TEXTILES (Section 260.250) - Currently, solid waste management districts are required to address the recycling, reuse and handling of certain products. This act adds textiles to this requirement.

EXECUTIVE BOARDS (Sections 260.320 & 260.324) - Currently, Solid Waste Management District Executive Boards are required to encourage small businesses to engage and compete in the delivery of recycling and solid waste management services. Under this act, an executive board shall not perform solid waste management projects that compete with a qualified private enterprise.

No person shall be disqualified from receiving a grant for providing solid waste management and recycling services if they have a familial relationship with any member of the Solid Waste Management District Executive Board. However, their grant application must be approved by a vote of 2/3 of the board and such executive board member shall abstain from voting on the grant application or such member shall forfeit membership on the Solid Waste Management District Executive Board and Council.

SOLID WASTE MANAGEMENT PLANS (Sections 260.225 & 260.325) -

The Department of Natural Resources is required to prepare model solid waste management plans. This act requires that the plans provide for economical recycling and waste management through regional and district cooperation.

Currently, any county within a region that is not a member of a district is required to submit a solid waste management plan to the Department of Natural Resources. This act repeals this requirement.

ALLOCATION OF SOLID WASTE MANAGEMENT FUND MONEYS & GRANTS (Sections 260.330 & 260.335) - Currently, the moratorium on increasing the sanitary landfill tipping fee, the demolition landfill tipping fee, and the transfer station tipping fee is set to expire in 2017. This act extends the moratorium to 2027.

This act lists criteria that solid waste management districts may use in establishing district grant priority. Any allocated district moneys remaining at the fiscal year due to inadequate grant applications shall be reallocated for grant applications in subsequent years and projects other than district operations. Any district moneys remaining after 5 years shall revert to the Solid Waste Management Fund.

Currently, the Department of Natural Resources is not required to approve or deny grant applications in a specified number of days. This act sets forth a timeline for which DNR is required to either approve or deny an application.

SOLID WASTE ADVISORY BOARD (Section 260.345) - Currently, the Solid Waste Advisory Board is composed of the chairman of the executive board of each solid waste management district. Under this act, the Board shall be composed of the chairman of the executive board of each solid waste management district, or his or her designee. Currently, 5 additional members are appointed to the Board by the Director of the Department of Natural Resources. This act changes the appointing authority from the Director of the Department to the Program Director of the Solid Waste Management Program.

This act modifies the duties of the Solid Waste Advisory Board by requiring that the Board submit an annual report to the Department of Natural Resources on a number of subjects, including unfunded solid waste management projects. This act also requires the Board to prepare an annual report to committees in the General Assembly regarding solid waste.

Under this act, the Solid Waste Advisory Board is required to hold regular meetings on a quarterly basis. A special meeting of the Board may occur under certain conditions. In addition, this act modifies the conditions under which the Board may conduct business.

These provisions are identical to provisions contained in HB 92 (2015), SCS/HB 923 (2015), SCS/HCS/HB 1058 (2015), and CCS#2/HCS/SCS/SB 152 (2015).

AMBIENT AIR QUALITY MONITORING (Section 643.650) - This act requires owners of a coal-fired electric generating source in a National Ambient Air Quality Standards nonattainment area designated as of April 1, 2015, to develop an ambient air quality monitoring or modeling network to characterize the sulfur dioxide air quality surrounding the source. The network shall operate for at least 12 consecutive quarters. This act requires the owner of such source to notify the Department of Natural Resources of the manner in which it intends to characterize the air quality around the source, and if the owner elects to use monitoring the owner shall be consulted by the Department and the location of such monitoring network shall be approved by the Department.

Under this act, the Department of Natural Resources shall not submit its recommendation on the designation process to the Environmental Protection Agency on the manner of air quality data collection that is inconsistent with monitoring or modeling elections. Additionally, the Department of Natural Resources shall not propose to the Air Conservation Commission any sulfur dioxide emission limitation unless such limitation has been agreed to by both the Department and the owner of the affected source. Nothing in this act shall prohibit the Department from entering into an agreement with an owner of an electric generating source to limit or reduce sulfur dioxide emissions.

This provision is identical to a provision contained in CCS#2/HCS/SCS/SB 152 (2015), and is substantially similar to the perfected HCS/HB 1084 (2015).

This act is identical to CCS#2/HCS/SCS/SB 152 (2015).

KAYLA CRIDER