SB 419 Modifies various provisions relating to natural resources
Sponsor: Kennedy
LR Number: 1890L.03C Fiscal Note: 1890-03
Committee: Commerce, Energy and the Environment
Last Action: 5/18/2007 - H Calendar S Bills for Third Reading Journal Page:
Title: HCS SB 419 Calendar Position:
Effective Date: August 28, 2007
House Handler: Hobbs

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Current Bill Summary

HCS/SB 419 - This act modifies provisions pertaining to natural resources.

Section 135.633

This section creates a tax credit for odor abatement activities by concentrated animal feeding operations, which shall expire on June 30, 2012. The tax credit shall be equal to either: 1) the lesser of 50% of the eligible expense incurred by a producer to achieve Managed Environment Livestock Operation (MELO) accreditation or $50,000; or 2) the lesser of 75% of the eligible expense incurred by a producer to meet preferred environmental practices or $75,000. The tax credit is fully transferable, non-refundable, and may be carried back three years or forward five years until fully claimed. The cumulative amount of tax credits issued by the Missouri Agricultural and Small Business Development Authority to all taxpayers in any fiscal year shall not exceed $3 million.

Sections 247.050 to 247.110

These sections give public water supply districts the authority to collect taxes or charges for sewer service and collect fees for construction of water or sewerage systems. The length of terms for directors of public water supply districts elected in 2008, 2009, and 2010, is modified due to a change in the date of their election from June to April in statute. The board of directors of a public water supply district may set fees for the construction of water or sewer systems based on a reasonable plan or method of calculation.

Sections 250.231 and 250.233

Currently, cities, towns, and villages that operate a waterworks or sewer system have the powers to provide for the operation, maintenance, administration, and regulation of sewerage systems. This section also gives sewer districts these powers and adds construction of sewerage systems to the list. These same entities may also set fees for the construction of water systems or sewerage systems and the provision of water services, which may include connection fees. Such fees may be determined by the respective governing body and may be determined based on a reasonable plan or method of calculation.

Section 253.095

Current law permits the Department of Natural Resources to enter into cooperative agreements with non-profit organizations that provide cooperative, interpretive, or educational services to a state park. This act adds facility enhancement to the list of permissible activities for a cooperative agreement. The Department may provide incidental staff support to an organization with which the Department has a cooperative agreement. Additional requirements for cooperating organizations are listed. Proceeds from the sale of any services provided under a cooperative agreement must be used by the cooperating organization for interpretive or educational services in state parks.

Sections 256.700 to 256.710

Any person who applies for a surface mining permit from the Land Reclamation Commission shall additionally submit an annual geologic resources fee. Certain small gravel mining operations are exempt. Beginning August 28, 2007, the fee shall be set at $50 per permit, $50 per site, and $6 per acre. The fees may be raised by rule by the Department of Natural Resources, not to exceed $100 per permit, $100 per site, and $10 per acre. The fees expire December 31, 2020.

Funds collected from the geologic resources fee shall be deposited in the Geologic Resources Fund, which is created in the act, for use by the Division of Geology and Land Survey in the Department of Natural Resources for purposes described.

The Industrial Minerals Advisory Council is created, composed of 9 members who shall represent limestone quarry operators, the clay mining industry, the sandstone industry, the sand and gravel mining industry, the barite mining industry, the granite mining industry, and the Director of the Department of Transportation. The Council shall advise the State Geologist and the Department of Natural Resources as described. Duties and terms of the members are listed.

Sections 260.211 to 260.240

Under current law, the crime of illegally disposing demolition waste in the first degree is a Class A misdemeanor, illegally disposing demolition waste in the second degree is a Class C misdemeanor, and a second or subsequent offense is a Class D felony. This act removes the first and second degrees of the crime and instead makes any instance of illegal disposition of demolition waste a Class D felony as well as subject to the same penalty as what was for a crime in the first degree, which is up to $20,000.

Any person who knowingly disposes more than 2,000 pounds or 400 cubic feet of his own personal construction or demolition waste on his own property shall be guilty of a Class C misdemeanor. Any person who receives remuneration from another person to dispose of such waste on his own property shall be guilty of a Class D felony.

The act makes similar modifications to the crime of illegal disposition of solid waste where it removes the first and second degrees of the crime, and makes a single instance of illegally disposing solid waste a Class D felony subject to a fine of not more than $20,000.

The act expands the authority of the Department of Natural Resources to seek injunctive relief and civil penalties against operators of solid waste sanitary landfills and operators of transfer stations who violate certain fee collection provisions.

The maximum civil penalty a court may assess is increased from $1,000 to $5,000 per day for violations concerning a solid waste disposal area or for violations of the landfill or transfer station fee collection provisions by a solid waste processing facility.

The act increases from $100 to $500 the per-day penalty a county may assess for violations of any county law developed under provisions of the state solid waste laws.

Section 260.247

Current law prescribes requirements for cities that expand solid waste collection services into areas where such service is currently provided by a private entity. This act makes the same requirements applicable to political subdivisions.

Section 260.250

This section allows yard waste to be disposed of in a municipal solid waste disposal area when the Department of Natural Resources approves the operation of the disposal area as a bioreactor and when the landfill gas produced will be used for electricity generation.

Sections 260.330 to 260.335

These sections extend the period of time from October 1, 2009, to October 1, 2014, during which no annual adjustment shall be made to the per-ton fee required to be remitted to the Department of Natural Resources by operators of solid waste sanitary landfills and transfer stations except when needed to fund the operating costs of the Department. The act also extends for the same time period the provision that any adjustment made shall not exceed the percentage increase as measured by the Consumer Price Index for All Urban Consumers.

Section 260.360

This section allows any facility designated as a waste to energy facility that generates electricity fueled from solid waste to use plasma arc technology.

Section 444.770

Individuals removing gravel from property for purposes other than gravel mining shall be exempt from requiring a surface mining permit, with certain notification and tonnage maximum requirements listed. No gravel may be removed between March 15th and June 1st of any year or when the gravel site is within a certain distance from specified pieces of infrastructure.

Section 444.772

This section raises the maximum allowable fees that may be set by the Land Reclamation Commission, where permit fees may not exceed $1,000, site fees may not exceed $400 per site, bonded acre fees may not exceed $20 per acre, and the cumulative total of permit fees or renewal permit fees may not exceed $3,000.

Under current law, the per-acre fee is reduced by half for any acres assessed over one hundred. This act raises the acre threshold to two hundred to qualify for the reduced fee.

As of August 28, 2007, the fees shall be set at $800 for a permit, $400 per site, and $10 per bonded acre. The Land Reclamation Commission may raise the fees by rule, provided a change in regulation necessitates the increased fees.

The expiration date for the fees is extended until December 31, 2013.

Sections 640.300 to 640.340

These sections authorize companies to voluntarily report and correct violations of environmental regulations in exchange for certain protections from criminal prosecution and administrative penalties. Companies will not be exempt from any tort actions by private parties. In order to qualify for the protections, a company must meet certain requirements which include: (1) discovering its noncompliance during a voluntary environmental audit or compliance management system; (2) disclosing its noncompliance to the Department of Natural Resources within 21 days; (3) making the disclosure prior to any legal actions, regulatory investigations, citizen suits, complaints, or whistle-blowing; (4) correcting any noncompliance within 60 days or as determined by the Department; (5) taking steps to prevent future noncompliance; (6) demonstrating that the reported noncompliance was not part of a pattern and that a similar noncompliance did not occur in the previous three years or within the past five years at other facilities owned by the company; (7) showing that the noncompliance did not cause actual harm to, or substantially endanger, human health or the environment or otherwise violate an administrative order or agreement; and (8) providing certain specified information to the Department.

Sections 640.800 to 640.827

The Clean American Fuel Board is created, composed of 7 members, 6 of whom shall be appointed by the Governor to represent various industries related to alternative fuel use. The 7th member shall be the Director of the Department of Natural Resources. The board's duties are listed, which include the preparation of an annual report on the calculation of fuel cost differential rebates and establishing procedures for the grant and rebate programs created in the act.

A grant program for alternative fuel vehicle infrastructure projects is created. Grant amounts and eligibility requirements are specified. A rebate program for purchasers or lessees of alternative fuel vehicles is created, with rebate amounts and eligibility requirements specified. The Alternative Fuel Vehicle Revolving Fund is created, expenditures from which shall be used for the grant and rebate programs. The grant and rebate programs shall sunset after six years.

The act contains provisions similar to provisions in HB 886, HB 880, HB 628, HB 968, HB 479, SB 198, SB 328, HB 881, HB 1073, and SB 535, all from the 2007 session.