SB 782 Modifies provisions relating to the Department of Natural Resources
Sponsor: Cunningham
LR Number: 5203H.05T Fiscal Notes
Committee: Agriculture, Food Production and Outdoor Resources
Last Action: 6/22/2018 - Signed by Governor Journal Page: S2512
Title: HCS SS SCS SB 782 Calendar Position:
Effective Date: August 28, 2018
House Handler: Wiemann

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Current Bill Summary


HCS/SS/SCS/SB 782 - This act modifies provisions relating to the Department of Natural Resources.

FENCE MAINTENANCE ALONG THE HISTORIC MISSOURI ROCK ISLAND RAILROAD CORRIDOR (Section 253.175) - This act requires the Division of State Parks within the Department of Natural Resources to maintain the fence coinciding with the boundary between individual landowner property and the historic Missouri Rock Island railroad corridor, with costs being paid by the State Park Earnings Fund. Nothing in this act shall be construed to require an individual landowner to locate a fence on his or her own property.

This provision is identical to SB 866 (2018), and is similar to SCS/SB 251 (2017).

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/SB 659 (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/SB 659 (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/SB 659 (2018), and is similar to a provision contained in SS/SCS/HB 1355 (2018), and HCS/HB 1804 (2018).

FEES (Sections 260.380, 260.475, 444.768, 444.772, 644.054, and 644.057) - Currently, the Director of the Department of Natural Resources and the Hazardous Waste Management Commission, Missouri Mining Commission, and the Clean Water Commission may take certain actions to modify their respective fee structures. The authority of the Director and respective commissions to modify such fee structures expires on August 28, 2024. Under this act, any fee, bond, or assessment structure established under such fee modification process shall also expire on August 28, 2024.

Currently, application fees assessed to surface mining operating permits are set to expire on December 31, 2018. This act extends this expiration to December 31, 2024.

The Director of the Department of Natural Resources was required to conduct a comprehensive review of the clean water fee structure and submit a report to the General Assembly by December 31, 2012. This act repeals this provision.

These provisions are identical to HB 1801 (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/SB 659 (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/SB 659 (2018), and HCS#2/SS#2/SS/SB 1050 (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 SB 659 (2018), HB 1977 (2018), and SB 528 (2017).

LANDOWNER USE OF WATER (Section 640.648) - Currently, all Missouri landowners retain the right to have and use private water systems within city limits. Under this act, such landowners shall also have the right to have and use systems for potable water, and systems for rainwater collection.

This provision is identical to a provision contained in SCS/HCS/HB 2216 (2018).

MISSOURI CLEAN WATER LAW (Section 644.059) - This act exempts agricultural storm water discharges and return flows from irrigated agriculture from clean water permitting requirements, and prevents such discharges and flows from being considered unlawful unless they have entered waters of the state rendering them harmful, detrimental, or injurious to public health, safety, or welfare, or to industrial or agricultural uses, or to wild animals, birds, or fish. Nothing in this act shall supersede current law relating to concentrated animal feeding operations.

This provision is substantially similar to a provision contained in HCS#2/HB 1973 (2018) and HCB 16 (2018).

KAYLA HAHN