SS/SCS/HCS/HB 89 - This act modifies provisions pertaining to natural resources.SECTION 37.970 - TRANSPARENCY POLICY
Each state department must carry out its duties with full transparency to the public and the public must be able to access any of the department's data or information in a timely fashion. Each department must take a broad interpretation of the Missouri Sunshine Law and must respond accordingly to any request for information, regardless of the format in which the request is made.
SECTIONS 67.4500-67.4520 - DRINKING WATER SUPPLY LAKE AUTHORITY
This act creates a county drinking water supply lake authority in Sullivan County to promote a safe drinking water supply through the construction, operation, and maintenance of a drinking water supply lake. The authority shall be a body corporate and politic and a political subdivision of the state. Its income and property shall be exempt from state and local taxation.
The authority shall have power over the reservoir encompassing a drinking water supply lake and within the lake’s watershed to acquire or build recreational, water quality, and infrastructure improvement projects; acquire personal and real property; enter contracts; sue and be sued; accept money from and enter into agreements with private and public entities; hire employees and fix their wages; spend money; adopt rules; fix fees; issue revenue bonds; sell and supply water; adopt tax increment financing; and exercise the powers of planning and zoning.
Members of the North Central Missouri Regional Water Commission shall appoint members to the county drinking water supply lake authority for staggered six year terms. The appointees must, for more than five years, be registered voters in Missouri and residents of Sullivan County, and the appointees must be over the age of 25.
The water commission shall also establish the date and time for the lake authority’s first meeting where a chairman, vice chairmen, secretary and treasurer are to be elected or appointed. An executive director who is not a member of the lake authority may also be appointed who will be compensated or the secretary may be designated to act as executive director.
Surety bonds in the penal sum of $50,000 or a blanket bond covering the members of the authority, shall be purchased and conditioned upon the faithful performance of the duties of the offices covered.
Authority members are barred from participating in any deliberations or decisions in which the member has a direct financial interest. Such members are subject to the limitations regarding the conduct of public officials provided in chapter 105.
These sections are identical to the perfected SB 360 (2011).
SECTION 192.1250 - REAL-TIME WATER QUALITY TESTING
The Department of Health and Senior Services must examine the feasibility of implementing a real-time water quality testing system for measuring the bacterial water quality at state-owned public beaches and report to the General Assembly by December 31, 2011.
SECTION 247.060 - PUBLIC WATER SUPPLY DISTRICTS
The act removes the provision in current law that requires members of the board of directors of a public water supply district to serve without pay. Board members are allowed up to $100 for attending a board meeting or special meeting and must be reimbursed for their actual expenditures in the course of their duties. The president of the board may receive an additional $50 per meeting. The act provides limitations on the number of meetings for which board members may receive compensation and requires the completion of certain training prior to receipt of such compensation.
The act additionally provides the circuit court in the jurisdiction of the district certain authorities to suspend or remove board members from office for cause or to prevent a board member from acting against the interests of the district.
This section is similar to HB 210 (2011).
SECTION 253.090 - STATE PARK EARNINGS FUND
The act exempts monies in the State Park Earnings Fund from being transferred to the General Revenue Fund in the biennial sweep.
This section is similar to HB 823 (2011) and HB 191 (2011).
SECTION 442.014 - CONSERVATION EASEMENTS
The act creates the Private Landowner Protection Act.
Conservation easements, which are easements designed to preserve open space or to protect natural or cultural resources on land, may be created, conveyed, terminated, and modified in the same manner as other types of easements. Conservation easements must be accepted and recorded by the holder before any right or duty arises from the easement. Conservation easements shall exist in perpetuity unless the easement specifies otherwise.
Conservation easements do not affect an interest in real property unless the real property owner is a party to the easement or otherwise consents.
Actions affecting a conservation easement may be brought by a landowner, the easement holder, a third-party that holds a right of enforcement as designated in the easement, or by any other person authorized by law. The act does not affect the power of a court to modify or terminate a conservation easement.
Conservation easements are valid even though they may have certain characteristics as specified in the act. The act does not invalidate any other type of lawful interest as a covenant, equitable servitude, restriction, or other easement.
This section is similar to HCS/HB 597 (2011) and SB 119 (2011).
SECTION 444.771 - PERMITS FOR MINING NEAR SCHOOLS
No surface mining permits or air or water quality permits shall be issued to any person for mining activity when the mine plan boundary for the activity is within 1,000 feet of an accredited school that has been in that location for at least 5 years, except this prohibition does not apply to requests to expand existing mines or to underground mining activities.
SECTION 444.773 - SURFACE MINING PERMITS
Under current law, if the Land Reclamation Commission holds a public hearing regarding the issuance of a surface mining permit, the burden of proof is on the permit applicant to prove that the permit would not unduly impair the health, safety, or livelihood of any person. This act removes this burden of proof provision.
This section is identical to HB 686 (2011).
SECTION 537.292 - MOTOR VEHICLES AND NUISANCE
Under this act, the use of motor vehicles on a public street or highway in a manner which is legal under state and local law shall not constitute a public or private nuisance, and shall not be the basis of a civil action for public or private nuisance. No individual or business entity shall be subject to any civil action in law or equity for a public or private nuisance on the basis of such individual or business entity legally using motor vehicles on a public street. Any actions by a court to enjoin the use of a public street or highway and any damages awarded or imposed by a court, or assessed by a jury, against an individual or business entity for public or private nuisance in violation of this act shall be null and void.
This section is identical to the same section in SB 277 (2011).
SECTION 621.250 - ADMINISTRATIVE HEARING COMMISSION
Under current law, any party who is affected by a decision made by a state regulatory environmental commission may file an appeal with the Administrative Hearing Commission (AHC). The act modifies this provision by placing the condition that the party must be "aggrieved" or "adversely" affected by the decision in order to be able to file the appeal.
Under current law, the AHC has discretion as to whether or not it holds hearings on an appeal request. This act removes the discretion and, instead, requires the AHC to either hold hearings and make a recommended decision within 60 days of the date of the request or else make a recommended decision within the 60-day period based on stipulation of the parties, consent order, agreed settlement, disposition in the nature of default judgment, judgment on the pleadings, or summary determination.
The act requires the environmental commission for which an appeal has been made to the AHC to render its final decision on the matter within 90 days of the date of the appeal request.
The act prohibits a cause of action or court appeal of a decision made by an regulatory environmental commission unless the party has already filed an administrative appeal with the AHC and received a final decision on the appeal from the environmental commission.
This section contains provisions similar to SB 403 (2011).
SECTION 640.018 - ADDITIONAL PERMIT REQUIREMENTS
A permit shall be automatically issued by the Department of Natural Resources if the department has not rendered a permit decision by the expiration of a statutorily-required permit application processing timeframe and the department has been in possession of all necessary application information throughout that time.
If certain technical engineering documents have been prepared by a registered professional engineer and are submitted to the Department of Natural Resources in conjunction with a permit application or permit modification, the documents must be sealed by the engineer and the permit application or modification must include a statement that the documents were prepared in accordance with all applicable requirements. The department must use the documents in addition to other relevant information to develop comments and render a permit decision. Only a registered professional engineer or engineering intern may review the sealed engineering documents. The act also provides procedures for supervisory review of engineering documents.
SECTION 640.128 - NOTIFICATION OF PUBLIC HEALTH RISK
The Department of Natural Resources must immediately notify the local public health authority and the Department of Health and Senior Services if it receives water quality test results voluntarily submitted by a permitted entity that indicate a risk to public health.
SECTION 640.850 - CONSOLIDATION OF SERVICES
The Governor must convene a committee made up of representatives from the departments of Agriculture, Conservation, Economic Development, Health & Senior Services, and Natural Resources to evaluate ways to consolidate services. The committee must provide recommendations to the Governor and the General Assembly by December 31, 2011. In its evaluation, the committee must review the transfer of the division of energy from the Department of Natural Resources to the Department of Economic Development and the consolidation of laboratory testing for water quality under the Department of Health & Senior Services.
SECTIONS 643.020 TO 643.250 (except not 643.130) - ASBESTOS AND AIR QUALITY
The act modifies several definitions pertaining to asbestos. The minimum project dimensions for "asbestos abatement projects" are increased. The act removes the "by weight" requirement for the percentage of asbestos in the definition of "asbestos containing material." A reference to federal law is modified in the definition of "competent person." The definition of "friable asbestos containing material" is modified. The act removes a reference to the Asbestos Hazard Emergency Response Act of 1986 in the definition of "inspector" and the act adds definitions for "grinding," "nonfriable asbestos-containing material," and "regulated asbestos-containing material."
The act expands the citation range of statutes in Chapter 643 that refer to the regulation of air quality and responsibilities of the Air Conservation Commission and makes this change in numerous places. In several places the act modifies an incorrect federal law reference for asbestos requirements under Occupational Safety and Health Administration (OSHA) regulations.
Under current law, the Air Conservation Commission or its authorized representative may enter upon public or private property believed to be an air contaminant source. The act also allows these entities to enter upon public or private property deemed to have material information relevant to an air contaminant source.
Currently, in order to qualify for a renewal of an asbestos-related certificate, an individual must complete an annual refresher course that is accredited by either the U.S. Environmental Protection Agency (USEPA) or the state of Missouri. The act removes the USEPA option. The act reduces from 24 months to 12 months, the amount of time after expiration of a certificate in which an individual must complete the annual refresher course or else is required to retake the original training course.
Under current law, certain persons who are subject to USEPA and OSHA asbestos regulations are eligible to apply for an exemption from certain state asbestos requirements for asbestos certification and registration. The act removes this exemption.
The act reduces from 20 working days to 10 working days, the number of days in advance of an asbestos abatement project that a person must submit an application to the Department of Natural Resources. The application must include a copy of an asbestos inspection survey for the structure.
The act removes the notification requirements for asbestos abatement projects that are between 10 square feet and 160 square feet or between 16 linear feet and 260 linear feet.
Current law requires analysis of asbestos air samples to be conducted according to OSHA standards. The act allows the analysis to meet USEPA standards as an alternative.
The act removes the current requirement that civil penalties paid for asbestos-related violations be deposited in the Natural Resources Protection Fund.
These sections are similar to SB 958 (2010) and HB 2355 (2010).
SECTIONS 643.130 & 644.071 - JUDICIAL REVIEW
The act specifies that any action seeking judicial review of a decision made by the Missouri Air Conservation Commission or the Clean Water Commission must be filed in a court of appeals instead of a circuit court.
These sections are identical to the same sections in SB 403 (2011).
SECTION 644.036 - 303(d) LIST
The act removes the expiration date (which was August 28, 2010) for 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.
This section is similar to SB 158 (2011), HB 441 (2011), HB 97 (2011), and HB 2109 (2010).
SECTION 644.051 - CLEAN WATER COMMISSION PERMITS & APPEALS
The act allows potential permit applicants to appeal the terms and conditions of a water pollution control general permit template to the Clean Water Commission within 30 days of issuance of the template by the Department of Natural Resources.
Under current law, the burden of proof in any appeal hearing regarding the issuance of a water pollution control permit is on the permit applicant. The act modifies the requirement such that the permit applicant has the burden of proof only for appeals relating to the denial of a permit, license, or registration, but for all other appeals, the Clean Water Commission shall have the burden of proof.
The act allows the Department of Natural Resources to modify, reissue, or terminate a water pollution control permit at the request of the permit holder. Any such request must be made in writing and must contain facts or reasons in support of the request.
The Department of Natural Resources must implement permit shield provisions that are equivalent to what is required under federal law and guidance.
SECTION 644.054 - CLEAN WATER PERMIT FEES
Under current law, the authority expired on December 31, 2010 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 September 1, 2013.
The act requires the Department of Natural Resources to study the fees and present a plan for the fees to the General Assembly by December 31, 2012. The department must conduct stakeholder meetings and the plan must include timelines for permit issuance, expedited permits, and recommendations for improved services.
SECTION 644.145 - AFFORDABILITY DETERMINATIONS
The act requires the Department of Natural Resources to study and make a determination regarding the affordability to communities and their residents of permit requirements and other department decisions related to combined or separate sanitary sewer systems or publicly-owned treatment works. The affordability determination must be made prior to issuing a permit or rendering a decision or else the permit or decision is void and unenforceable.
The act lists criteria the department must use in developing its procedures for determining affordability. The criteria include: a community's financial resources; affordability of pollution control options; an evaluation of the overall costs and environmental benefits of the control technologies; ways to reduce economic impacts on distressed populations in the community; an assessment of other community investments relating to environmental improvements; an assessment of factors in certain federal guidance; and other relevant local community economic conditions. Affordability determinations must be made in the context of all relevant factors and indicators, and should not be based on the achievement of one single economic or social factor or measure.
SECTION 701.033 - PRIVATE SEPTIC SYSTEMS
The act allows the Department of Health and Senior Services to provide technical assistance and guidance to local authorities that administer and enforce individual on-site sewage disposal system standards. The Department may provide such assistance at the request of the local government or in any case where the Department determines that its intervention is necessary to prevent a violation of state law.
SECTION 701.058 - STUDY AND REPORT ON PRIVATE SEPTIC SYSTEMS
The Departments of Natural Resources and Health & Senior Services must jointly hold stakeholder meetings and study the issues of permits and inspections for on-site sewage disposal systems and submit a report to the General Assembly by December 31, 2011.
SECTION 1. - NONSEVERABILITY CLAUSE
All of the sections in the act are nonseverable.
REPEALED SECTIONS
386.850 - MISSOURI ENERGY TASK FORCE
This section repeals the statute that requires the Missouri Energy Task Force to reconvene at least once per year to review and report on progress made toward accomplishing the recommendations contained in the task force's final report.
This section is identical to SB 207 (2011).
643.253 & 643.260 - ASBESTOS-RELATED DEFINITIONS
These sections repeal definitions related to asbestos.
701.332 - ASBESTOS
The act repeals section 701.332, which provides an exemption to certain requirements for state asbestos abatement projects for single-family owner-occupied dwellings and vacant public or privately owned residential buildings of four units or less that are being demolished for public health or welfare reasons. The repealed section also provides an exemption for similar dwelling structures in the City of St. Louis.
The act contains an emergency clause for certain sections.
Various provisions of the act are similar to provisions in SB 423 (2011) and SS/SCS/HB 2109 (2010).
ERIKA JAQUES
SSA 1 for SA 1: REMOVES SECTION 537.292 FROM THE BILL RELATING TO LEGAL USE OF MOTOR VEHICLES AND NUISANCE PROTECTION.
SA 2: EXPANDS ELIGIBILITY TO SERVE ON A PUBLIC WATER SUPPLY DISTRICT BOARD TO INCLUDE PERSONS WHO HAVE BEEN SERVED BY THE DISTRICT FOR AT LEAST THE PREVIOUS YEAR AT HIS OR HER PRIMARY RESIDENCE.
SA 3: ADDS SECTION 620.2300 TO THE BILL RELATING TO CLEANFIELDS RENEWABLE ENERGY DEMONSTRATION PROJECTS