Missouri Senate

House Committee Substitute

SECTION 386.572 - NATURAL GAS SAFETY

The act sets the maximum penalty for a single violation of any order by the Public Service Commission (PSC) relating to federal natural gas safety standards at $15,000 per violation. The maximum penalty for a continuing violation or a multiple series of such violations is $150,000. The maximum penalties increase by increments described in the act in the years 2015, 2025, 2035, and 2040. The PSC may determine the amount of the penalty based on several variables as described in the act. Each violation shall be considered a separate and distinct offense.

This provision is similar to SB 1160 (2008).

SECTION 393.108 - HOT WEATHER RULE

The act establishes a hot weather rule during the time period from June 1st to September 30th. During this time, natural gas or electricity providers are prohibited from disconnecting service to residential customers on days when either the temperature is expected to rise above 95 degrees or the heat index is expected to rise above 105 degrees for the following twenty-four hour period or on days when service personnel will not be available to reconnect service and the temperature or heat index is expected to rise above these marks.

This provision is similar to SB 11 (2007) and SB 955 (2006).

SECTION 393.171 - PSC AUTHORITY TO GIVE RETROACTIVE APPROVAL

The PSC may give its approval for the construction of an electric plant in a county of the first classification after any such electric plant has been constructed or acquired. This provision expires August 28, 2009.

SECTION 393.275 - NATURAL GAS SERVICE BAD DEBT

Under current law, rate adjustments in the purchase price of natural gas that are approved by the PSC shall be exempt from certain provisions relating to business license taxation. The act adds a qualifying provision that any such purchased gas adjustment rates shall include the gas cost portion of net write-offs incurred by the gas company in providing service to system sales customers.

SECTION 394.320 - ELECTRIC CO-OP GOVERNING BOARDS

Regional electric cooperatives who provide service to 2 or more municipalities shall allow the municipalities to appoint at least 4 members to the co-op's governing board.

SECTIONS 407.300 - 407.303 - SCRAP METAL DEALERS

The act modifies the current record-keeping requirements for purchases of copper scrap metal and also applies such record-keeping requirements to purchases of certain brass, bronze, and aluminum scrap metal. The act requires that a separate record be maintained in either written or electronic form for each applicable transaction of copper, brass, bronze, or aluminum scrap metal.

Records must be kept for two years after the date the scrap metal was purchased and shall be available for inspection by any law enforcement officer.

The act modifies the penalty for violating the record-keeping requirements by removing the specified fine and jail term ranges, and instead making a violation a Class A misdemeanor.

The act exempts certain scrap metal transactions from the record-keeping requirements: when the total sale amount is not more than $50; when the seller has an existing business relationship with the purchaser and is reasonably expected to generate scrap metal; and when the metal is a minor part of a larger item being sold, except for electrical power generation or telecommunications equipment.

Scrap metal dealers are prohibited from knowingly purchasing or possessing a whole or partial metal beer keg on premises used by the dealer to alter scrap metal, unless the keg is purchased from a brewer or brewer's representative. A violation of this provision is a Class A misdemeanor with a penalty of only a fine.

Scrap yards are prohibited from purchasing metal identified as belonging to a political subdivision, electrical cooperative, or any utility, except when purchasing it directly from the metal owner or from a person authorized in writing by the owner to sell such metal. A violation of this provision is a Class B misdemeanor.

Payments by scrap metal dealers larger than $500 shall be made only by check or other traceable method, except in transactions where the seller has an existing business relationship with the dealer and the seller is an established business that generates scrap metal.

These provisions are similar to HCS/SCS/SBs 1034 & 802 (2008).

SECTION 537.340 - TREE TRIMMING

The act authorizes any rural electric cooperative and certain electrical corporations that operate on the not-for-profit cooperative business plan to trim trees and control vegetation within the legal description in a recorded easement, or when no easement exists, within the following areas: 1) within 10 feet of electric lines located in a city and potentially energized at or below 34.5 kilovolts; 2) within 30 feet of electric lines located outside of a city and potentially energized at or below 34.5 kilovolts; 3) within 50 feet of electric lines potentially energized between 34.5 and 100 kilovolts; and 4) within 75 feet or within a federally required clearance for electric lines potentially energized at 100 kilovolts or more. In claims for property damage, there shall be a rebuttable presumption that the electric utility acted with reasonable care and within its rights when controlling vegetation in these areas.

Electric cooperatives may control vegetation in excess of these areas if needed to maintain safe and reliable electric service. If an electric cooperative must remove certain trees outside of the authorized areas, it must notify the owner of the trees at least fourteen days prior to their removal, except in emergency situations. Owners of trees that die within three months of being trimmed by an electric cooperative may request the cooperative to remove any such tree, and the cooperative must respond to any such request within 90 days.

This provision is similar to HCS/SB 958 (2008).

SECTIONS 570.055 - 570.056 - METAL THEFT

The act makes it a Class C felony to steal or appropriate, without the owner's consent, any wire, electrical transformer, metallic wire for telecommunications, or device or pipe used to conduct electricity or transport fuels.

It shall be a Class D felony to steal or appropriate without consent any property located on the premises of an electrical cooperative, municipal utility, or investor-owned utility.

These provisions are similar to provisions in HCS/SCS/SBs 1034 & 802 (2008).

SECTIONS 660.115 - 660.135 - UTILICARE

The act increases the maximum amount, from $600 to $800 per year, that may be paid from the Utilicare Stabilization Fund to providers of heating or cooling on behalf of eligible households. The act also increases from $5 to $10 million the maximum amount that may be appropriated to the Utilicare Stabilization Fund per fiscal year.

This act is similar to HCS/HB 2279 (2008).

ERIKA JAQUES