- Committee -

SCS/SB 36 - This act requires substantive 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 upon a risk assessment and cost-benefit analysis.

The risk assessment and the cost-benefit analysis are separated and contain 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 posting on the DNR website and DNR must allow for and respond to comments from the public. The department is required to post all comments, both positive and negative. 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 Section 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 referenced agencies, 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 or the environment.

This act removes the ability of third parties not directly involved to challenge decisions of the Director of the Department of Natural Resources.

The act requires the referenced boards and commissions to state specific reasons for denials of permits. Prohibits "regulating" within permits. Allows applicant to request correction if there are drafting errors before submitting to public.

This act is similar to SCS/SB 971 (2002).

SARAH MORROW