Missouri Senate

House Amendment

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, requires the completion of certain training prior to receipt of such compensation, and limits compensation when water service has not been provided in certain circumstances.

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 250.236 - TERMINATION OF WATER SERVICE

Under current law, a city must send notice to a sewer customer by certified mail if the city intends to disconnect sewer service or request a water utility to disconnect water service for failure to pay the sewer bill. This act removes the requirement that the notice must be via certified mail.

SECTIONS 386.420 TO 386.540 - APPEALING DECISIONS MADE BY THE PUBLIC SERVICE COMMISSION

The act requires that in any proceeding before the Public Service Commission (PSC) that results in new rates for regulated utilities, the PSC must prepare a detailed reconciliation containing certain financial information, rate and charge impact of contested issues, and the customer class billing determinants used by the commission.

The act allows orders of the PSC to be served electronically and removes the requirement that every person who is served a certified copy of a PSC order must notify the PSC of its receipt.

Under current law, appeals of PSC orders or decisions are heard by the circuit court. The act moves appeals of PSC decisions from the circuit court to the appellate court. Certain information must accompany a notice of appeal.

The act removes provisions pertaining to the authority of the circuit court to stay or suspend a PSC order. The appellate court may stay or suspend a PSC order only when it does not involve the establishment of new rates and charges and when the court determines that great or irreparable harm would otherwise result to the appellant. No stay or suspension may be ordered by the appellate court for PSC decisions that involve new rates or charges for regulated utilities. The act provides procedures for the court to order temporary rate adjustments in the event the court finds that the PSC's approved rates and charges were in error. No court may issue a decision affecting a public utility's rates in any case where the court cannot render a decision on its merits due to a lack of adequate findings of fact by the PSC or because the PSC failed to receive properly-offered evidence. In such a case, the PSC must provide such findings of fact or issue a new order within 90 days of the court's determination.

These sections (except 386.490) include an emergency clause.

The act is similar to HB 967 (2011).

SECTION 393.015 - TERMINATION OF WATER SERVICE

Under current law, no sewer company, municipal sewer utility, or sewer district may cause a person's water service to be terminated prior to sending written notice to the person via certified mail. The act removes the requirement that the notice be sent via certified mail.

SECTION 393.152 - PUBLIC UTILITY DEPOSITS

Gas, electric, water, heating, and sewer companies are prohibited from requiring a deposit or other guarantee for continued service to any existing customer that has been late in paying the utility bill at least 5 times in a 12-month period when such customer has consistently made a monthly payment by the delinquent date during the 12-month period of at least $75 or 25% of the total outstanding balance.

The act does not apply to customers who owe more than $300 or to customers making payments as part of an established pay plan with the utility.

This section is identical to SCS/SB 674 (2010) and similar to SCS/SB 474 (2009) and HB 2587 (2008).

SECTION 393.275 - NATURAL GAS UTILITY BAD DEBT

Under current law, rate adjustments in the purchase price of natural gas that are approved by the Public Service Commission (PSC) are 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 (i.e., bad debt) incurred by the gas company in providing service to 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 act is similar to SB 705 (2010) and HB 1610 (2010) and similar to SCS/SB 299 (2009) and HB 2279 (2008).

SECTIONS 393.1000 TO 393.1003 - ISRS

Currently, only water companies in St. Louis County may establish infrastructure system replacement surcharge (ISRS) rate schedules with the PSC to recover costs associated with eligible infrastructure system replacements. The act allows any water company in any county to establish ISRS rate schedules, but adds a qualifying provision for small water companies that any such ISRS must generate ISRS revenues of at least $10,000. The act also adds certain energy efficiency projects to what is considered to be an eligible infrastructure system replacement.

SECTIONS 414.530 TO 414.570 - MISSOURI PROPANE EDUCATION AND RESEARCH COUNCIL

Under current law, there are three ways for the director of the Missouri Energy Center to initiate a referendum on the abolishment of the Missouri Propane Education and Research Council and the fee for odorized propane. This act removes one of these three ways, which is at the discretion of the director.

Current law allows vacancies on the council to be filled by the remaining members of the council, subject to the approval of the director. This act removes the requirement that the director must approve the appointment and instead requires the council to fill vacancies after a public nomination process.

Current law requires the council to submit a budget plan to the director at the beginning of each fiscal period and requires the director to either approve or recommend changes to the budget after a public comment period. The act removes the director's involvement in the budget approval, and instead requires the budget plan be submitted for public comment at least 30 days prior to the beginning of each fiscal period, and authorizes the council to approve or modify the budget after the public comment period.

The act removes the authority of the director to require additional reports from the council at his or her discretion beyond what is already required under current law.

Authority to establish an alternative means to collect the odorized propane fee and set late payment charges is currently given to the director. This act transfers this authority to the council. The interest rate charged for late payments may not exceed the legal rate for judgments.

The act removes provisions that allow the National Propane Education and Research Council to coordinate its operations with Missouri's council and that authorize Missouri's council to keep funds resulting from a federal rebate on propane fees.

These sections are identical to SB 297 (2009).

SECTION 660.122 - UTILICARE

Electric or gas companies shall allow customers who develop an arrearage during the Cold Weather Rule to pay one-third of the arrearage in each of the 3 months following the Cold Weather Rule period in order to retain service.

ERIKA JAQUES

HA 1: ADDS SECTION 620.2300, WHICH ALLOWS THE OWNER OF A CLEANFIELDS RENEWABLE ENERGY DEMONSTRATION PARK, WHICH CONTAINS A BIOMASS FACILITY, TO RECEIVE DOUBLE RENEWABLE ENERGY CREDITS FOR CERTAIN ENERGY GENERATION AND PURCHASES. ADDS AN EMERGENCY CLAUSE FOR THIS SECTION.

HA 2: REMOVES SECTIONS 393.1000 & 393.1003 RELATING TO INFRASTRUCTURE SYSTEM REPLACEMENT SURCHARGES (ISRS) FOR WATER CORPORATIONS AND ENERGY EFFICIENCY PROJECTS.

HA 3: REMOVES SECTION 247.060 RELATING TO COMPENSATION FOR MEETING ATTENDANCE BY BOARD MEMBERS OF PUBLIC WATER SUPPLY DISTRICTS AND REMOVAL FROM OFFICE.

HA 4: MODIFIES SECTION 386.420 AND 386.520 BY MAKING THE PROVISIONS APPLICABLE ONLY TO PUBLIC UTILITIES "THAT ARE NOT PRICE-CAP OR COMPETITIVE."

HA 5: CREATES THE CRIMES OF ASSAULT OF A UTILITY WORKER IN THE FIRST DEGREE, ASSAULT OF A UTILITY WORKER IN THE SECOND DEGREE, AND ASSAULT OF A UTILITY WORKER IN THE THIRD DEGREE.

HA 6: ADDS SECTION 72.401, WHICH PROVIDES THAT VOLUNTARY ANNEXATION BY A MUNICIPALITY THAT PROVIDES MUNICIPAL WATER AND SEWER SERVICES SHALL NOT BE SUBJECT TO REVIEW BY A BOUNDARY COMMISSION ESTABLISHED IN THE AREA.