SB 539 Modifies provisions pertaining to environmental protection
Sponsor: Schaefer
LR Number: 2062L.10C Fiscal Note: 2062-10
Committee: Appropriations
Last Action: 5/15/2009 - In Conference--SS for SCS for SB 539-Schaefer, with HCS, as amended Journal Page:
Title: HCS SS SCS SB 539 Calendar Position: 7
Effective Date: Emergency Clause
House Handler: Ruzicka

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Current Bill Summary


HCS/SS/SCS/SB 539 - This act modifies provisions pertaining to environmental protection.

SECTIONS 204.569 AND 204.659 - SEWER DISTRICTS

Current law provides procedures for the issuing of bonds by a common sewer district located in certain parts of Jackson and Cass counties. This act applies those same procedures to a sewer subdistrict created in the same area.

The act prohibits the Metropolitan Sewer District (MSD) from charging any residential landowner for storm water management services if MSD does not provide sanitary sewer service to the landowner's property and any storm water runoff from the property does not drain to a sewer maintained by MSD.

SECTION 278.070 - SOIL & WATER CONSERVATION PROGRAM

Under current law, the statutory definition of "soil and water conservation cost-share program" refers to a program designed to control and prevent soil erosion. This act modifies the definition by adding that the program shall also be designed to protect the state's water resources and specifies that the program shall preserve the productive power of Missouri’s agricultural land.

SECTIONS 640.107 AND 644.101 - PUBLIC DRINKING WATER AND WASTEWATER TREATMENT

The act allows the state to distribute federal economic stimulus funds to local governments, public water or sewer districts, and other eligible entities to assist the construction of public drinking water and water pollution control projects, as such projects are approved by the Safe Drinking Water Commission or Clean Water Commission.

SECTIONS 640.150 through 640.160 - ENERGY

The act allows the Department of Natural Resources to analyze the potential for increased utilization of landfill gas as an alternative energy source. The act also provides authority to the department to enter into cooperative agreements with other states, political subdivisions, private entities, and educational institutions in order to seek and obtain federal grants.

The act allows funds appropriated to the department for energy-related activities to be used to carry out agreements, contracts, grants, subgrants, or cooperative arrangements with other governmental, non-profit, or private organizations. This authority expires January 1, 2012.

The act creates the Energy Futures Fund. Moneys in the fund may be used for energy-related activities including energy efficiency programs, energy studies, energy resource analyses, and related departmental administration costs.

SECTION 644.036 - 303(d) LIST PUBLIC NOTICE REQUIREMENTS

Under current law, the public notification requirements for the Clean Water Commission's development of the list of impaired waters required by Section 303(d) of the federal Clean Water Act expire on August 28, 2009. This act extends the expiration date to August 28, 2010.

SECTION 644.054 - WATER POLLUTION CONTROL PERMIT FEES

Under current law, the authority expires on December 31, 2009 for the Clean Water Commission to charge fees for construction permits, operating permits, and operator's certifications related to water pollution control. This act extends the expiration date to December 31, 2010.

The act contains an emergency clause for all of the sections except alternate bond procedures for certain sewer subdistricts (section 204.569) and the soil and water conservation program (section 278.070).

Provisions of this act are similar to SCS/SB 409 (2009), SB 272 (2009), HCS/SS/SB 172 (2009), HCS/SCS/SB 242 (2009), and HB 734 (2009).

ERIKA JAQUES

HA 1 - MODIFIES THE TYPES OF APPLIANCES FOR WHICH THE DEPARTMENT OF NATURAL RESOURCES MUST DEVELOP MINIMUM ENERGY EFFICIENCY STANDARDS (SECTIONS 701.500 TO 701.506).

HA 2 - ADDS SECTIONS 640.300 TO 640.345, WHICH PROVIDE CERTAIN PROTECTION FROM PENALTIES AND CRIMINAL CHARGES FOR VIOLATIONS OF ENVIRONMENTAL LAWS BY REGULATED ENTITIES THAT IMPLEMENT A VOLUNTARY COMPLIANCE MANAGEMENT SYSTEM OR THAT CONDUCT VOLUNTARY ENVIRONMENTAL AUDITS.

HA 3 - ADDS SECTION 91.265, WHICH ALLOWS PLATTE CITY TO BE THE EXCLUSIVE PROVIDER OF WATER AND SANITARY SEWER SERVICES TO ITS RESIDENTS IF SUCH SERVICE IS NOT ALREADY BEING PROVIDED BY THE STATE OR ANOTHER POLITICAL SUBDIVISION.

HA 4 - EXEMPTS WELLS USED BY CHARITABLE OR BENEVOLENT ORGANIZATIONS FROM STATE WELL LAWS AND REGULATIONS EXCEPT WHEN: THE VOLUME PUMPED FROM THE WELL EXCEEDS 15,000 GALLONS PER MONTH, THE WELL IS A THREAT TO GROUNDWATER, OR THE WATER FROM THE WELL DOES NOT MEET SAFE DRINKING WATER STANDARDS. THIS EXEMPTION DOES NOT APPLY TO LAWS REQUIRING THE REPORTING OF QUANTITY OF WATER DRAWN FROM A WELL. SUCH EXEMPT WELLS MUST BE EVALUATED FOR DEFICIENCIES UNDER THE REGULATIONS OF THE SAFE DRINKING WATER COMMISSION, AND ANY DEFICIENCIES FOUND MUST BE CORRECTED. (SECTION 640.115)

HA 5 - CREATES THE JOINT COMMITTEE ON MISSOURI'S ENERGY FUTURE, WHICH SHALL STUDY MISSOURI'S PRESENT AND FUTURE ENERGY NEEDS AND MAKE ENERGY POLICY RECOMMENDATIONS TO THE GENERAL ASSEMBLY BY DECEMBER 31, 2009. INCLUDES THIS SECTION IN THE EMERGENCY CLAUSE. (SECTION 1)

HA 6 - MODIFIES WATER POLLUTION PERMIT REQUIREMENTS BY REQUIRING SUCH A PERMIT FOR LAND APPLICATION OF A WATER CONTAMINANT FROM AN INDUSTRIAL PROCESS UNLESS EXEMPTED PRIOR TO AUGUST 28, 2009 BY THE CLEAN WATER COMMISSION. ALLOWS THE DEPARTMENT OF NATURAL RESOURCES TO REQUIRE A PERMIT FOR EMISSIONS INTO PUBLICLY OWNED WASTEWATER TREATMENT FACILITIES IF NECESSARY TO PROTECT HUMAN HEALTH, PUBLIC WELFARE, OR THE ENVIRONMENT. (SECTION 644.051)

HA 7 - UTILITIES MUST COMPLY WITH ALL LOCAL PERMIT AND CODE REQUIREMENTS. (SECTION 386.756)

HA 8 - INCLUDES SECTION 278.070, RELATING TO THE SOIL AND WATER CONSERVATION PROGRAM, IN THE EMERGENCY CLAUSE.

HA 9 - ADDS TWO ADDITIONAL ELIGIBLE PARTICIPANTS IN THE STATE TREASURER'S LINKED DEPOSIT LOAN PROGRAM: INDIVIDUALS WHO WANT TO PRODUCE THEIR OWN ENERGY FROM RENEWABLE RESOURCES; AND POLITICAL SUBDIVISIONS OR PUBLIC HIGHER EDUCATION INSTITUTIONS SEEKING TO FINANCE CAPITAL IMPROVEMENTS OR OTHER SIGNIFICANT PROGRAMS. MODIFIES CRITERIA OF SEVERAL OTHER ELIGIBLE PARTICIPANTS IN THE LINKED DEPOSIT LOAN PROGRAM.

INCREASES THE TOTAL AMOUNT OF TAX CREDITS AVAILABLE FOR QUALIFIED INVESTMENTS IN MISSOURI SMALL BUSINESSES FROM $13 MILLION TO $30 MILLION, AND REQUIRES AT LEAST $20 MILLION OF SUCH AMOUNT TO BE FOR INVESTMENTS IN SMALL BUSINESSES THAT MANUFACTURE ALTERNATIVE POWER GENERATION EQUIPMENT.

(SECTIONS 30.750 TO 30.765 AND 135.403)