Missouri Senate

Perfected

Up to 10% of the funds appropriated each year for the Facilities Maintenance Reserve Fund shall be used for otherwise eligible projects that are also energy projects with a 20-year payback or less.

Design documents submitted to the Office of Administration for new construction or substantial renovation of certain state buildings shall include a projection of the energy savings of the building as a result of meeting the state minimum energy efficiency standard.

The act requires that by January 1, 2009, the Department of Natural Resources shall modify the minimum energy efficiency standard so that it is at least as stringent as the 2006 International Energy Conservation Code (2006 IECC), or the latest version of the Code rather than the current standard of American Society of Heating, Refrigerating, and Air Conditioning Engineers (ASHRAE) Standard 90. The act modifies the date to July 1, 2009, by which all design for state buildings over 5,000 square feet involving new construction or substantial renovation and any building over 5,000 square feet considered for purchase or lease by a state agency shall comply with the minimum energy efficiency standard. The Commissioner of the Office of Administration may exempt any state building from meeting the minimum energy efficiency standard requirement for safety reasons or when the cost of compliance is expected to exceed the energy cost savings.

Beginning July 1, 2016, at least 10% of the electricity used by state government must come from renewable energy sources and beginning July 1, 2026, at least 20% of the electricity used by state government must come from renewable energy sources, to the extent that such renewable energy sources are available.

This act allows for low interest loans through the linked deposit loan program for eligible alternative energy operations producing and selling fuel or power from alternative energy sources including solar, hydroelectric, wind, and qualified biomass.

The act creates an income tax deduction for either the cost of a home energy audit conducted by an energy auditor certified by the Department of Natural Resources or for the cost of implementing any of the recommendations made in any such energy audit, or for both such activities. The deduction is limited to $1,000 per taxpayer per year, up to $2,000 cumulative lifetime total per taxpayer.

The act creates the "Show Me Green Sales Tax Holiday." For 2009 and every year thereafter, during the seven day period beginning on April 19th and ending April 25th, all sales of Energy Star certified new appliances will be exempt from state sales tax. Political subdivisions may opt in at their choosing.

Beginning in the 2009-2010 school year, every high school in the state shall ensure its students receive instruction in certain environmental-related topics each year.

This act requires representatives of the Departments of Labor and Industrial Relations, Elementary and Secondary Education, Agriculture, Economic Development, and Natural Resources to meet, at least twice a year, to discuss ways to secure grants established under the federal Energy Independence and Security Act of 2007. Such grants would fund: green jobs, the production of renewable fuels, increasing energy efficiency of products, buildings and vehicles, and increasing research and development for manufacturing of renewable energy technologies. The Department of Natural Resources shall serve as the coordinating agency for the inter-agency group. The group shall report to the General Assembly and the Governor each year regarding any grants secured under this act.

This act creates the Manufacturer Responsibility and Consumer Convenience Equipment Collection and Recovery Act, where manufacturers of computers or televisions shall be required to implement "recovery plans" for the collection of and the recycling or reuse of their obsolete equipment. The recovery plan must be implemented and a copy of the plan submitted to the Department of Natural Resources before the manufacturer can sell its computers or televisions in Missouri. Such manufacturers must also label their equipment to identify themselves as the manufacturer.

The Department of Natural Resources shall educate consumers about the recycling and reuse of computers and televisions and shall provide a website for this purpose. The website shall include a list of manufacturers' recovery plans as well as dates and locations for collection opportunities. The Department may conduct audits and inspections as it deems necessary to determine compliance with this act. The Department may assess a penalty on manufacturers for certain violations not to exceed $10,000 for second violations, and not to exceed $25,000 for subsequent violations.

The Missouri Energy Task Force created by Executive Order 05-46 shall reconvene at least annually to review progress made toward meeting the recommendations made in its final report as issued under the Executive Order. The Task Force shall issue its findings in an annual status report to the Governor and General Assembly.

The Department of Natural Resources' Energy Center shall serve as a central coordinator for energy sustainability activities in the state and shall carry out the duties described in the act.

The act creates minimum energy efficiency standards for certain new appliances and products sold or installed within the state. Exceptions are provided for certain products that are intended to be sold outside the state, installed in manufactured homes, or designed expressly for use in recreational vehicles. The Department of Natural Resources shall promulgate the energy efficiency standards for such products, which shall be at least as stringent as the standards described in the act. The Appliance Energy Efficiency Advisory Group, created in the act, shall advise the Department on the development of the standards. The composition of the advisory group is listed in the act.

In consultation with the advisory group, the Department shall update the minimum energy efficiency standards for the appliances and products at least once every 3 years to keep current with technological advancements.

Manufacturers of the appliances and products for which the energy efficiency standards apply shall certify to the Department that their products meet the standards. Manufacturers who knowingly certify a product that does not meet the standards shall be subject to a civil penalty up to $10,000 per violation and up to $10,000 per day for a continuing violation. Manufacturers are also required to mark their products as meeting the energy efficiency standards.

The Department is given authority to enforce the provisions of the energy efficiency standards for appliances and products. The Department may test and inspect appliances and products and may charge a manufacturer for the cost of such testing if a product is found not to be in compliance with the standards. Violations of the energy efficiency standards may be referred to the Attorney General for prosecution. First-time violators shall receive a warning and subsequent violations shall be subject to a civil penalty up to $250 per violation.

This act contains provisions similar to SCS/SB 649 (2007).

ERIKA JAQUES