SB 889
Modifies provisions relating to natural resources
LR Number:
Last Action:
4/17/2012 - Hearing Conducted S Commerce, Consumer Protection, Energy and the Environment Committee
Journal Page:
Calendar Position:
Effective Date:
August 28, 2012

Current Bill Summary

SB 889 - The act modifies provisions relating to natural resources.


Under current law, $1 of a $4 fee collected by county recorders is remitted to the state for purposes of administering state land survey duties by the Department of Natural Resources. The act creates the Missouri Land Survey Fund and directs the fee revenue into this fund.

The act changes the name of the state land survey authority to the land survey program and updates statutory references in numerous places.

The act modifies several of the land survey duties of the Department of Natural Resources. It directs the department to provide the framework for all geodetic positioning activities in the state. Under current law, the department's regulations for land surveyors are advisory in nature. The act removes the advisory nature of the department's regulations, making the department's regulations enforceable.

The act changes the name of the Land Survey Advisory Committee to the Land Survey Commission and increases the membership on the Commission from 5 to 7. It limits members to three consecutive terms. The act adds a few additional duties to the Commission: providing recommendations on the operation of the land survey program and the selection of the state land surveyor. It also requires the Attorney General to advise the Commission upon its request and represent the Commission in legal proceedings.

The act allows revenue from sales of the department's surveying information to be deposited in the Department of Natural Resources Revolving Services Fund and expands what the Fund may be used for, which includes computer hardware and software and personnel related to retail services provided by the land survey program to the public.

These provisions are identical to SB 814 (2012) and similar to HCS/HB 1395 (2012).


The act prohibits the Missouri Hazardous Waste Commission from promulgating any state regulation that either exceeds the requirements of the federal Resource Conservation and Recovery Act (RCRA) or that regulates an aspect of hazardous waste not covered under RCRA. The Commission may grant exceptions to its rules under certain circumstances such as hardship, practicality, or extent of environmental damage caused by compliance.

By July 31, 2013, the Department of Natural Resources must file amendments to any of its existing regulations that are stricter than RCRA to make them comply with the act. Any regulation that is not amended by July 31, 2014 is considered null and void.

The Department may not selectively exclude any or part of any state hazardous waste regulation in certain authorization applications to the U.S. Environmental Protection Agency unless allowed by the Missouri Hazardous Waste Commission.


Under current law, there are 3 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 3 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) and HB 751 (2009).


Under current law, the authority expires on September 1, 2012 for the Department of Natural Resources to impose an annual per customer fee for connections to a public water system. This act extends the expiration date to September 1, 2017.

This section is identical to HB 1251 (2012).


The act requires an application for renewal of a general permit to be submitted to the Department of Natural Resources at least 60 days prior to the expiration date of the master general permit unless the Department notifies the permit holder that an earlier application must be made. The act allows general permits to be acquired electronically once available by the Department.

When public participation is not required as part of a general permit application review, the Department must issue or deny the general permit within the later of either 60 days or the date of issuance of the master general permit.

Current law requires the Department to make a finding of affordability when issuing water pollution control permits for combined or separate sanitary sewer systems or publicly owned treatment works. The act requires the affordability finding to also be made for stormwater sewer systems.


The act repeals section 260.255 which requires certain newspaper publishers to file a statement with the Department of Natural Resources declaring whether or not they have complied with recycled paper content percentage requirements.

The act is similar to TAT/SS/SCS/HB 1251 (2012).