SB 416 Modifies provisions relating to the Department of Natural Resources
Sponsor: Dixon
LR Number: 1893S.01I Fiscal Note available
Committee: Commerce, Consumer Protection, Energy and the Environment
Last Action: 3/26/2013 - Hearing Conducted S Commerce, Consumer Protection, Energy and the Environment Committee Journal Page:
Title: Calendar Position:
Effective Date: August 28, 2013

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Current Bill Summary


SB 416 - This act modifies provisions relating to the Department of Natural Resources.

LAND SURVEYS (Sections 60.530-60.620) - This act eliminates the Land Survey Commission and transfers the authority of the Commission to the Department of Natural Resources.

BURIALS (Sections 194.400-194.409) - This act eliminates the Unmarked Human Burials Consultation Committee and transfers the authority of the Committee to the Department of Natural Resources. The Department retains discretion to convene a committee if desired. This act modifies the definition of state historic preservation officer to include the director of the Department or their designee.

DAMS AND RESERVOIRS (Sections 236.400-236.500, 640.430) - This act eliminates the Dam and Reservoir Safety Council and transfers the authority of the Council to the Department of Natural Resources. This act modifies the definition of construction permit to be issued through the Department of Natural Resources rather than through the Council. If a permit application is rejected, this act allows the applicant to meet with the Director of the Department or the Director's representative. The Department's final permit decision may be appealed. Additionally, this act gives the Department the ability to promulgate rules and set guidelines relating to the Dam and Reservoir Safety Program, as well as the ability to conduct inspections. This act also eliminates the State Water Plan Interagency Task Force.

WATER WELLS (Sections 256.600-256.637) - This act eliminates the Well Installation Board and transfers the rulemaking authority, permit issuance, fee setting, and hearing of appeals decisions of the Board to the Department of Natural Resources. Currently, where a rule or provision of this act is violated, the Division of Geology and Land Survey may institute a civil action in the jurisdiction where the well is located through the county prosecuting attorney. Under this act, where a rule or provision of this act is violated, the Department may institute a civil action where the well is located through either the Attorney General's office or through the county prosecuting attorney.

INDUSTRIAL MINERALS (Sections 256.700-256.710) - This act eliminates the Industrial Minerals Advisory Council and requires the Department of Natural Resources to consult with stakeholders before adjusting the geologic resources fee through rule promulgation.

OUTDOOR RECREATION (Sections 258.010-258.080) - This act eliminates the State Interagency Council for Outdoor Recreation and gives the Department of Natural Resources the ability to convene any committee to perform functions related to historic sites, trails, outdoor recreation, state parks, federal grant programs, any land and water conservation fund act, or any other law. Funds appropriated for the State Interagency Council for Outdoor Recreation will be allocated to the Department pursuant to this act.

OIL AND GAS (Sections 259.010-259.210) - This act eliminates the State Oil and Gas Council and gives the Department of Natural Resources the ability to form an advisory committee to review statutes and rules relating to oil and gas. The advisory committee may then make recommendations to the Department on fees and other funding mechanisms for oil and gas programs. This act also gives the Department the authority to conduct investigations or any other authority that resided with the Council. Any final order issued by the Department may be appealed to the Cole County Circuit Court. Cost of the proceedings may be set and taxed by the Court.

ENVIRONMENTAL CONTROL (Sections 260.235-260.249) - Any person whose permit is revoked by the Department of Natural Resources may appeal the decision. A bond may be required in order to stay the effect of the Department's action until the appeal is resolved.

SOLID WASTE (Sections 260.335-260.345) - This act eliminates the Solid Waste Advisory Board and gives the Department of Natural Resources the ability to establish criteria for grants to solid waste districts and to review the performance of grant recipients.

DEPARTMENT OF NATURAL RESOURCES (Sections 621.250-640.017) - For contested case administrative appeals, the Administrative Hearing Commission will give the final decision. The burden of proof for appeals shall lie with the Department to demonstrate the lawfulness of the finding or order. For activities that require obtaining multiple permits or certifications from the Department, the applicant may petition the Director to coordinate in approving or denying such permits or certifications in order to streamline the permit application process. Pursuant to this act, the Director must develop and implement a streamlined permitting process that helps applicants determine, at the earliest stage, all of the permits required, and inform applicants of the uniform permitting schedule.

This act is similar to HCS/HB 604 (2013), SS/SCS/HB 650 (2013), HCS/HB 881 (2013), SB 417 (2013), and the truly agreed to and finally passed SS/SCS/HCS/HB 28 (2013).

KAYLA CRIDER