SB 738 Modifies penalties for persistent violations of air or water pollution laws, prohibits certain county solid waste laws, and requires energy efficiency disclosures for new home sales
Sponsor: Nodler
LR Number: 3345L.05C Fiscal Note: 3345-05
Committee: Agriculture, Conservation, Parks & Natural Resources
Last Action: 5/8/2008 - Referred to Rules Committee pursuant to Rule 25(21)(f) Journal Page: H1423
Title: HCS SS SCS SB 738 Calendar Position:
Effective Date: August 28, 2008
House Handler: Hunter

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Current Bill Summary


HCS/SS/SCS/SB 738 - This act prohibits St. Louis County from enacting any charter provision governing waste collection in unincorporated areas of the county.

This act requires a seller as part of a newly constructed residential home sales transaction occurring on or after August 28, 2008, to disclose its energy efficiency rating under the Energy Star rating system to the purchasers at least one week before completion of the sale. If a seller fails to disclose the rating on time, the purchaser may withhold $500 from the purchase price; or if full payment has already been made, he or she may pursue legal action for the $500 refund and other costs and attorney fees.

Any company, except for a concentrated animal feeding operation, that violates any state air, water, or odor pollution standard at least 6 times in a 12-month period or 12 times in a 36-month period shall forfeit any air or water-related permits issued by the Department of Natural Resources.

Any such company that violates any air, water, or odor pollution standard more than one time in a 36-month period shall be subject to a higher penalty than what is currently charged for a first violation. The higher penalty for subsequent violations in any 36-month period shall be between $10,000 and $30,000 per violation.

The act is similar to HB 1860 (2008), HB 1789 (2008), SB 534 (2007) and SB 591 (2006).

ERIKA JAQUES