SCS/HS/HCS/HB 1650 - This act modifies various provisions regarding water resources.

PUBLIC WATER DISTRICTS - The act allows a petition for the formation of a public water supply district to become final and conclusive if signed by at least two-thirds of the registered voters within the boundaries of the proposed district. Under current law, the petition must have voter approval before becoming final and conclusive. The act establishes petition publication criteria including newspaper publication and certified mail to property owners.

TERRITORIAL AGREEMENTS - The act provides that when all or part of a territory of a sewer district is located in Butler County is annexed into Poplar Bluff, but is not receiving municipal water service at the time of annexation, the district and city may develop an agreement for the provision of service to the annexed territory. Such an agreement may be developed for any territory annexed between January 1, 1996 and August 28, 2001. Requirements for the agreement and procedures where an agreement cannot be reached are provided. These provisions are similar to CCS/HS/SS#2/SCS/SBs 984 & 985 (TAT) (2002).

SEWERAGE SERVICE - If the occupant of a building receives the billing for sewage or water service, any notice of termination of such service shall be sent to both the occupant and the owner, if the owner requests in writing to receive notice of termination. These provisions are contained in HCS/SB 932 (TAT) (2002).

WATERSHED DISTRICTS - The act allows any county that has not adopted an annual watershed district tax that is within a watershed subdistrict to detach from the subdistrict. Detachment from the subdistrict must be approved by a majority of the landowners in the county. The detachment must take place before an annual tax is adopted. The watershed district trustees must make arrangements for the county to pay any outstanding indebtedness for services or works of improvement before the detachment. Watershed district trustees must certify the separation with the recorder of deeds in each county in which the subdistrict lies and with the State Soil and Water Commission. These provisions are similar to CCS/HS/SS#2/SCS/SBs 984 & 985 (TAT) (2002).

PUBLIC WATER AND SEWER DISTRICTS - The act restricts the current law concerning a sewer district entering a joint contract to form a joint municipal utilities commission. The act restricts this power to public sewer districts.

Regarding rural water grants, the act allows a grant for a water supply or sewer district construction project and a grant for a source water protection project to be awarded in any two- year period.

SEWER COMPANIES - The act specifies that every nonprofit sewer company shall be supervised and regulated by DNR to the same extent and in the same manner as any other nonprofit corporation who treats wastewater. These provisions are similar to CCS/HS/SS#2/SCS/SBs 984 & 985 (TAT) (2002).

SUNSHINE LAW (Section 610.021) - This act adds exemptions to Sunshine Law, allowing closure of existing or proposed security systems and structural plans and certain computer information, which would threaten public safety. However, information regarding procurement or expenditures shall not be considered closed. The public governmental body must affirmatively state in writing that the disclosure would impair the ability to protect the public. The exemption relating to security of public buildings sunsets on December 31, 2006. An exemption is also added to close records regarding certain numerical information and security codes to protect electronic transactions between the public governmental body and persons doing business with the body. These provisions are similar to SCS/HCS/HB 1777 and SCS/SBs 1112 & 854 (2002).

PRIMACY FEE (Section 640.100) - This act extends the drinking water primacy fee to September 1, 2007.These provisions are similar to CCS/HS/SS#2/SCS/SBs 984 & 985 (TAT) and CCS/SS/HB 1748 (TAT) (2002).

BURDEN OF PROOF (Section 640.825) - In all matters heard by the Environmental Hearing Commission the burden of proof shall be on DNR or the Commission initially making the finding or decision. However, in appeals involving the denial of a permit, license or registration, the burden of proof shall be on the applicant. In appeals where the appellant is someone other than the applicant, the burden of proof shall be on that party. This portion is similar to provisions of SB 881, SS/SCS/HS/HCS/HB 1962, CCS/HS/SS#2/SCS/SBs 984 & 985 (TAT) (2002), and CCS/SS/HB 1748 (TAT)(2002).

CLEAN WATER COMMISSION (Section 644.036)- Requires the Clean Water Commission to adopt any listing, designation, standard, rule or regulation which will result in waters of the state to be classified to be promulgated by rule pursuant to chapter 536. This portion is similar to SS/SCS/HS/HCS/HB 1962, CCS/HS/SS#2/SCS/SBs 984 & 985 (TAT) and CCS/SS/HB 1748 (TAT)(2002).

AQUACULTURE (Sections 644.016, 644.051, 644.052) - This act revises provisions relating to water permitting for aquaculture. Aquaculture is defined as the controlled propagation, growth, and harvest of aquatic organisms.

Prior to issuing a general permit or permit by rule the Director of the Department of Natural Resources must hold meetings with permit holders, applicants and the public to evaluate pollution impacts of pollutants. After the meetings the Director would draft the permit considering the comments of the meeting and post it for public comment. The Director must also concurrently post an explanation with the draft permit which shall identify types of facilities which are subject to the permit. A hearing may be requested on the draft permit.

After consideration of the comments the final permit would be issued. The time between the request for the hearing and the hearing date will not be calculated for purposed of the time frames in which a permit must be issued.

Unless requested by the facility, aquaculture facilities will not be required to obtain site-specific permits but will obtain general permits. However, facilities which materially violate the conditions and requirements of the general permit may be required to obtain a site-specific permit. The fee for aquaculture facilities is capped at $250. This portion is similar to SB 1072 (2002). This portion is similar to SB 1072, CCS/HS/SS#2/SCS/SBs 984 & 985 (TAT) and CCS/SS/HB 1748 (TAT)(2002).

BONDING FOR STORMWATER PROJECTS (Sections 644.578 - 644.580)- This act changes the date for authorizations for bonding for water sewer and stormwater projects. Current law authorizes the Board of Fund Commissioners to issue bonds for grants and loans pursuant to several sections in Article III of the Missouri Constitution which are administered by the Clean Water Commission and relate to water, sewer and stormwater projects. Current law states the authorizations are in addition to amounts authorized prior to August 28, 2002. This act changes the date to August 28, 2003. This portion is identical to SB 985 (2002). The act also specifies the percentage disbursement of the grants and loans from these funds. This portion is identical to SB 985, CCS/HS/SS#2/SCS/SBs 984 & 985 (TAT) and CCS/SS/HB 1748 (TAT)(2002).

This act has an emergency clause.
CINDY KADLEC