|SB 0971||Requires risk assessment and cost-benefit analysis be prepared when certain environmental rules are promulgated|
|LR Number:||3771S.04C||Fiscal Note:||3771-04|
|Committee:||Commerce and Environment|
|Last Action:||05/17/02 - S Inf Calendar S Bills for Perfection||Journal page:|
|Title:||SCS SB 971|
|Effective Date:||August 28, 2002|
SCS/SB 971 - This act requires all regulations promulgated by the Department of Natural Resources, hazardous Waste Management Commission, State Soil and Water Districts Commission, Petroleum Storage Tank Insurance Fund Board, Land Reclamation Commission, Safe Drinking Water Commission, Air Conservation Commission, and Clean Water Commission to be based on sound science. The Department of Natural Resources is required to prepare a risk assessment and cost-benefit analysis for all rules promulgated by the referenced agencies.
The risk assessment and the cost-benefit analysis must include specific components which are covered in the act and must be developed using scientifically objective and unbiased standards. The assessments and analyses must be made available to the public via the Internet and DNR must allow for and respond to comments from the public. The assessment, analysis, testimony and comments must be considered by the department or the commission in promulgating the regulation. The failure of the department to conduct the risk assessment and the cost-benefit analysis will be considered grounds for vacating the regulation. The risk assessment is also required to be filed with the Joint Committee on Administrative Rules at the time the proposed rules are filed pursuant to 536.024 RSMo.
A provision is included to allow for the promulgation of regulations without conducting a risk assessment and a cost- benefit analysis if the director believes that the action is immediately necessary to protect the public health and welfare. However, the director must justify these actions in writing and the Department would then have the responsibility to complete the risk assessment and cost-benefit analysis within 45 days.
In proceedings challenging rules promulgated by the
Department of Natural Resources, hazardous Waste Management
Commission, State Soil and Water Districts Commission, Petroleum
Storage Tank Insurance Fund Board, Land Reclamation Commission,
Safe Drinking Water Commission, and Clean Water Commission the
burden of proof shifts to the department or commission
promulgating the rule to prove that the rule is necessary to
prevent specific circumstances of conditions causing harm to
human health and the environment.