Missouri Senate

House Amendment

SECTIONS 253.082, 256.055, and 640.045 - PETTY CASH FOR SALES TRANSACTIONS TO THE PUBLIC

The act allows the director of the Department of Natural Resources to request the Commissioner of the Office of Administration to provide up to $500 to any division director in the department to be used as a revolving fund for cash transactions for the sale of items by the division. All cash transactions must be made in accordance with rules established by the Commissioner.

These sections are similar to HB 190 (2011).

SECTION 253.090 - STATE PARK EARNINGS FUND

The act requires the State Treasurer to invest monies in the State Park Earnings Fund in the same manner as it invests monies in other funds, requires any interest earned by the investments to be retained in the Fund, and exempts monies in the Fund from being transferred to the General Revenue Fund in the biennial sweep.

This section is similar to HCS/HB 89 (2011), HB 823 (2011), and HB 191 (2011).

SECTION 260.262 - LEAD-ACID BATTERY FEE

The act extends the expiration date from June 30, 2011 to December 31, 2015 for the fee assessed per lead-acid battery sold in the state.

This section is similar to HB 98 (2011) and HB 2086 (2010).

SECTION 260.269 - SCRAP TIRES

The act allows the state or any political subdivision to transfer ownership of scrap tires or tire shred to any Missouri-based company if the cost of the transfer is less than the cost of disposal of the tires, and as long as the company does not put the tires in a landfill or burn them as a fuel source. The company must bear the cost of transporting the tires to its facility.

This section is similar to SCS/SB 230 (2011) and HCS/HB 578 (2011).

SECTIONS 260.380 AND 260.475 - HAZARDOUS WASTE FEES

The expiration date for fees assessed to generators, transporters, and disposers of hazardous waste is extended from December 31, 2011 to December 31, 2015.

These sections are identical to HB 98 (2011).

SECTION 260.965 - DRY-CLEANING FACILITIES

Under current law, the state statutes regarding dry-cleaning facility environmental remediation, including payments into the Dry-Cleaning Environmental Response Trust Fund, expire on August 28, 2012. The act extends the expiration date to August 28, 2017.

SECTION 306.109 - EXPANDED POLYPROPYLENE COOLERS

Current law prohibits the possession of expanded polypropylene coolers on or within 50 feet of certain rivers in the state except in certain areas. The act removes this prohibition.

SECTIONS 319.130 & 319.132 - PETROLEUM STORAGE TANK INSURANCE FUND

By April 1, 2012, the Board of Trustees of the Petroleum Storage Tank Insurance Fund must hold at least one public hearing to determine if it should create an underground storage tank operator training program. In making its decision, the Board must consider: input from the Departments of Natural Resources and Agriculture, the Board's advisory committee, and relevant portions of the private sector; federal financial ramifications; and other training programs already in use.

If the Board decides that a training program is necessary, the act lists requirements for the program. The program must meet federal requirements, be developed in collaboration with certain entities, be offered at no cost to individuals who are required to attend, specify certain standards and documentation requirements, and be developed by rule. The Board may contract with third parties to provide the training. The Board may modify or eliminate the program by rule. Records for the program must be made readily available to the Department of Natural Resources.

SECTION 414.072 - MOTOR FUEL

State and local governments may not use a manufacturer's expiration date on motor fuel measuring devices and dispensing equipment as the only reason to require repair or replacement of the equipment or issue a fine or penalty.

The required use of any automatic volumetric correction device for measuring fuel by gas stations must first be authorized by state statute before it may be imposed.

SECTION 640.905 - ENGINEERING WORK FOR PERMIT APPLICATIONS

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 644.036 - 303(d) LIST

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 expired on August 28, 2010. The act extends the expiration date to August 28, 2015.

This section is similar to SB 158 (2011), HB 89 (2011), HB 441 (2011), HB 97 (2011), and HB 2109 (2010).

SECTION 644.054 - CLEAN WATER PERMIT FEES

Under current law, the authority for the Department of Natural Resources to charge fees for clean water permits expired on December 31, 2010. This act extends the expiration date until December 31, 2015.

This section is similar to SB 158 (2011), SB 423 (2011), HB 89 (2011), HB 441 (2011), HB 97 (2011), and HB 2109 (2010).

SECTION 1. - MOTOR FUEL VAPOR RECOVERY FEES

Only the Department of Natural Resources may set Stage 1 and Stage 2 motor fuel vapor recovery fees and such fees may not be modified by local governments or local enforcement agencies.

This act contains provisions similar to SB 1040 (2010) and SB 885 (2010).

The act contains an emergency clause for the sections relating to the State Park Earnings Fund (253.090), lead-acid battery fee (260.262), hazardous waste fees (260.380 & 260.475), 303(d) List (644.036), and clean water permit fees (644.054).

ERIKA JAQUES

HA 1 - ADDS SECTION 640.116, WHICH EXEMPTS CERTAIN WELLS FROM WELL CONSTRUCTION REGULATIONS IF THE WELLS SERVE CERTAIN SMALL CHARITABLE OR BENEVOLENT ORGANIZATIONS EXCEPT IF THE WELLS PRESENT A THREAT TO GROUNDWATER OR PUBLIC HEALTH. THE AMENDMENT REQUIRES THE WELL OWNER TO ADDRESS CERTAIN COLIFORM CONTAMINANT VIOLATIONS. NO WELL CONSTRUCTED BEFORE AUGUST 28, 2011 THAT MEETS THE CRITERIA FOR THE EXEMPTION UNDER THE AMENDMENT SHALL BE REQUIRED TO BE UPGRADED OR ALTERED UNLESS THE WELL POSES A THREAT TO GROUNDWATER OR PUBLIC HEALTH OR HAS THE COLIFORM CONTAMINANT VIOLATIONS.

HA 2 - ADDS SECTION 306.108, WHICH CREATES SOUND LEVEL RESTRICTIONS ON THE LAKE OF THE OZARKS. NO PERSON SHALL USE A MECHANICAL OR ELECTRONIC DEVICE TO EMIT SOUND LEVELS GREATER THAN 80 DECIBELS BETWEEN THE HOURS OF 7 A.M. AND 10 P.M., OR 70 DECIBELS BETWEEN 10 P.M. AND 7 A.M., WHEN MEASURED FROM 50 FEET AWAY. THIS PROVISION DOES NOT SUPERSEDE LOCAL NOISE LAWS. VIOLATORS MAY BE SUBJECT TO IMPRISONMENT UP TO 90 DAYS OR A FINE UP TO $500, OR BOTH.

HA 3 - ALLOWS A BUSINESS TO BURN AS A FUEL ANY SCRAP TIRES THE BUSINESS ACCEPTS FROM THE STATE OR A POLITICAL SUBDIVISION IF THE BUSINESS HAS A PERMIT TO DO SO.