Missouri Senate

House Committee Substitute

SECTIONS 8.295 - 8.837 - STATE BUILDINGS

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 10-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.

These sections are similar to SB 1117 (2008).

SECTIONS 30.750 - 30.765 - LINKED DEPOSIT LOAN PROGRAM

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.

These sections are identical to SB 1161 (2008).

SECTION 64.170 - BUILDING CODES

Currently, the counties of Clay and Jefferson are authorized, without voter approval, to adopt building and construction regulations; require building permits; license certain building contractors; require inspections; establish and collect fees for permits, licenses, and inspections; and appoint a building commission to oversee these regulations, permits, licenses, and inspections. This act expands that authority to include the adoption of regulations for electrical wiring and installation and the licensing of individuals to make them consistent with the authority granted to all other first and second classification counties.

This section is identical to HB 2380 (2008).

SECTIONS 143.121 - 144.526 - ENERGY EFFICIENCY TAX BREAKS

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 deduction expires December 31, 2013.

The act creates a sales tax exemption for any product priced at $600 or less and for the first $1,500 paid on an Energy Star labeled appliance purchased for non-commercial use during the period of June 27, 2008 through June 29, 2008. This provision contains an emergency clause.

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.

Provisions in these sections are similar to provisions in HCS/HB 2250 (2008) and SB 1117 (2008).

SECTION 161.365 - GREEN SCHOOL CLEANING POLICIES

Beginning in the 2009-2010 school year, school districts must establish a "green" cleaning policy that involves the use of environmentally-sensitive cleaning products, unless implementation of the policy would result in an increase in the cleaning costs of the district. The Department of Elementary and Secondary Education, in consultation with the Department of Health and Senior Services and other interested parties, will establish annual guidelines for green cleaning programs and product specifications, beginning February 24, 2009, for distribution to the districts and also will post the guidelines on the Department of Elementary and Secondary Education's web site.

This section is identical to HB 1960 (2008).

SECTION 251.650 - INTER-AGENCY COLLABORATION TO SECURE ENERGY GRANTS

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 section is identical to SCS/SB 1261 (2008).

SECTION 386.850 - MISSOURI ENERGY TASK FORCE

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.

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 section is identical to SCS/SB 720 (2008).

SECTION 393.171 - PSC AUTHORITY TO GIVE RETROACTIVE APPROVAL

The Public Service Commission (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. No such approval, nor any locally-issued special use permit for such an electric plant, shall impair any private suits or claims for damages made against such an electric plant. The PSC's authority under this section expires August 28, 2009.

This section is identical to SCS/HCS/HB 2279 (2008).

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. Any such net write-offs may only be recovered once through purchased gas adjustment rates, the act requires an annual true-up of the net write-offs, and the PSC shall annually review gas companies debt collection efforts.

This section is identical to SCS/HCS/HB 2279 (2008).

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.

This section is identical to HCS/HB 2279 (2008).

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 sections 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 section is identical 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 sections are similar to HCS/SCS/SBs 1034 & 802 (2008).

SECTION 640.017 - ENVIRONMENTAL PERMIT COORDINATION

When multiple permits are required from the Department of Natural Resources for a particular project, this act allows a permit applicant to request coordination with the department to develop a unified permit schedule for obtaining the permits. The act lists criteria the department and permit applicant shall use in developing the schedule.

The department may contact potential permit applicants in a class of similar activities for the purpose of informing the applicants of the department's intent to use a unified permit schedule.

The department shall make the determination regarding the permits to be required for a proposed activity based on the information provided by the permit applicant. If additional information is subsequently provided, the department's permit determination may be subject to change. A unified permit schedule shall be proposed to any permit applicant under this act. At any time, a permit applicant may decline to follow the schedule.

Upon the development of a unified permit schedule, the director of the department shall notify the applicant in writing of the schedule. The only aspect of the schedule the department may change is the date of the public hearing, which also requires consent by the permit applicant. The department shall post unified permit schedules on its website.

In developing a unified permit schedule, the department shall try to consolidate any required public meetings for the permits into one meeting at a location near the site of the proposed activity for which the permits are being sought. Additionally, the director of the department may waive any procedural requirements related to timing and the issuance of permits that may be required under other applicable environmental laws provided that the required public comment periods are not shortened and the ability of the department or applicant to comply with substantive legal requirements is not impaired by the unified permit schedule.

This section is identical to SB 1248 (2008).

SECTIONS 640.153 - 640.216 - DEPARTMENT OF NATURAL RESOURCES

The Department of Natural Resources shall certify qualified home energy auditors. The Department's 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 a professorship in energy conservation at Missouri State University and creates the Studies in Energy Conservation Fund, which shall be administered by the Department of Natural Resources to pay for the cost of the professorship. Any unused monies in the Fund may be used to fund similar professorship positions at other public universities in the state.

These sections are similar to SB 1117 (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 removes the current $5 million cap on the amount that may be appropriated each year to the Utilicare Stabilization Fund. The act also makes it mandatory, rather than discretionary, that the Department of Social Services apply a portion of the Utilicare funds to the Department of Natural Resources' Low-Income Weatherization Assistance Program.

These sections are similar to HCS/HB 2279 (2008).

ERIKA JAQUES