SB 659 Modifies provisions relating to the Department of Natural Resources
Sponsor: Hegeman
LR Number: 4761H.02T Fiscal Notes
Committee: Agriculture, Food Production and Outdoor Resources
Last Action: 6/29/2018 - Signed by Governor Journal Page: S2506
Title: HCS SB 659 Calendar Position:
Effective Date: August 28, 2018
House Handler: Redmon

Full Bill Text | All Actions | Amendments/CCRs/CCSs | Available Summaries | Senate Home Page | List of 2018 Senate Bills

Current Bill Summary


HCS/SB 659 - This act modifies provisions relating to the department of natural resources.

STATE PARKS (Section 253.147) - This act requires the Department of Natural Resources to submit a report to the General Assembly by January 1, 2019, and annually thereafter, regarding the maintenance, repair, and construction at state parks and historic sites. The report shall include certain information as set forth in this act.

This provision is identical to HB 2538 (2018).

COAL ASH (Section 260.242) - Currently, all fly ash produced by coal combustion generating facilities located in Kansas City is exempt from all solid waste permitting requirements. This act repeals this exemption.

This act gives the Department of Natural Resources the authority to promulgate rules for the management, closure, and post-closure of coal combustion residual (CCR) units. Under this act, "CCR unit" means a surface impoundment, utility waste landfill, or a CCR landfill. Certain rules relating to surface impoundments, utility waste, and CCR landfills are required to be promulgated by December 31, 2018. Until the Department has an approved program for solid waste disposal facilities under the federal Resource Conservation and Recovery Act, the Department may issue guidance and enter into agreements with site owners to establish risk-based target levels using the Missouri risk-based corrective action program for closure and corrective action at CCR units. The Department shall not apply standards to certain landfills, as set forth in this act.

Beginning January 1, 2019, the Department of Natural Resources shall require each owner, operator, or permittee of a CCR unit to pay certain fees. Units that have not closed shall pay a $62,000 enrollment fee, units that have completed closure shall pay a $48,000 enrollment fee, and all CCR units shall be subject to an annual fee of $15,000. All fees shall be

credited to the Coal Combustion Residuals Subaccount created under this act. Interest shall be imposed on moneys due to the Department at a rate of 10% annually, and the Department may pursue penalties for failure to submit fees on time.

This provision is identical to a provision contained in HCS/SS/SCS/SB 782 (2018), and is similar to SB 917 (2018) and HCS/HB 2041 (2018).

LEAD-ACID BATTERY FEE (Section 260.262) - Currently, a person selling lead-acid batteries at retail shall collect at the time of sale a fee of 50 cents for each lead acid battery sold, with such fee being credited to the Hazardous Waste Fund . This requirement to collect such fee is set to expire on December 31, 2018. This act extends this fee expiration to December 31, 2023.

This provision is identical to SB 706 (2018), HB 1607 (2018), a provision contained in HCS/SS/SCS/SB 782 (2018), SB 525 (2017), and HB 1168 (2017).

RADIOACTIVE WASTE INVESTIGATION FUND (Sections 260.391 & 260.558) - This act establishes the "Radioactive Waste Investigation Fund", which shall be used solely by the Department of Natural Resources to investigate concerns of exposure to radioactive waste. Under this act, the Fund may receive up to $150,000 from the Hazardous Waste Fund, and any funds remaining in the fund at the end of the biennium shall revert to the credit of the Hazardous Waste Fund.

This provision is identical to a provision contained in HCS/SS/SCS/SB 782 (2018), and is similar to a provision contained in SS/SCS/HB 1355 (2018), and HCS/HB 1804 (2018).

ENVIRONMENTAL RESTORATION CORPORATION ACT (Section 260.1150) -This act establishes the Environmental Restoration Corporation Act.

This act allows a public benefit nonprofit corporation to hold, manage or own environmentally impaired property that is subject to ongoing cleanup or remedial action under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the Missouri Hazardous Waste Management Law, the Federal Water Pollution Control Act, or the Missouri Clean Water Law for the purpose of facilitating efforts to restore and redevelop such property. This act shall only apply to property located in Jefferson County, Washington County, St. Francois County, Iron County, Reynolds County, and Wayne County.

Such nonprofit corporation shall have certain powers, and be managed by a board, as set forth in this act. If any such corporation receives public funds with restoration activity, the corporation shall also allow for reasonable periodic audits and shall provide an annual report to the General Assembly concerning the receipt and use of such public funds.

Prior to acquiring any interest in real property, such nonprofit corporation shall undertake all reasonable and appropriate due diligence activities in accordance with U.S. Environmental Protection Agency regulations in order to qualify as a purchaser. If such nonprofit qualifies as a purchaser, such corporation shall be immune from any liability under the Missouri Hazardous Waste Management Law, provisions relating to solid waste, or the Missouri Clean Water Law for any conditions that may exist on such property. Such corporation shall also have no duty of care or liability for any trespasser on such property.

This provision is similar to SB 978 (2018) and HB 2306 (2018).

PETROLEUM STORAGE TANK INSURANCE FUND (Sections 319.129 & 319.140) - Currently, the Petroleum Storage Tank Insurance Fund is set to expire on December 31, 2020, after which claims made prior to such date may continue to be paid. This act extends such expiration to December 31, 2025.

This provision is identical to a provision contained in SS/SCS/HCS/HB 1364 (2018), HCS/SS/SCS/SB 782 (2018), and HCS#2/SS#2/SS/SB 1050 (2018), and is similar to SB 961 (2018), the perfected HB 1607 (2018), and HB 2257 (2018).

This act establishes the Task Force on the Petroleum Storage Tank Insurance Fund. The Task Force shall be composed of 8 members, with 3 being from the House of Representatives, 3 being from the Senate, and 2 being industry stakeholders. The Task Force shall conduct research and compile a report, by December 31, 2018, on certain topics relating to the Petroleum Storage Tank Insurance Fund as set forth in this act.

This provision is identical to a provision contained in SS/SCS/HCS/HB 1364 (2018), HCS/SS/SCS/SB 782 (2018), and HCS#2/SS#2/SS/SB 1050 (2018).

FUEL STANDARDS (Section 414.032) - Currently, all fuels shall meet American Society for Testing and Materials (ASTM) standards, in addition to rules promulgated by the Director of the Department of Agriculture. Under this act, the Director may waive specific requirements, or establish temporary alternative requirements in the event of an extreme and unusual fuel supply circumstance. Such waiver shall be as limited in scope and applicability as necessary, and shall apply equally and uniformly to all persons and companies in the impacted fuel supply and distribution system.

This provision is identical to a provision contained in SS/SCS/HB 1355 (2018) and SS/SCS/HCS/HB 1364 (2018), and is similar to HCB 16 (2018), HCS/HB 2452 (2018), SCS/SB 998 (2018), SS/SCS/SB's 627 & 925 (2018), and SCS/HCS/HB's 2277 & 1983 (2018).

GRANTS FOR UTILITY PROJECTS (Section 640.620) - Currently, grants in aid are made available by the Department of Natural Resources to assist in financing certain utility projects, with such grants being limited to $1,400 per connection. This act instead limits such grants to $3,000 per connection.

This provision is identical to the perfected SS/SCS/SB 782 (2018), HB 1977 (2018), and SB 528 (2017).

KAYLA HAHN