HB 160 Creates provisions relating to the regulation of water usage

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Current Bill Summary

- Prepared by Senate Research -

SCS/HCS/HB 160 - This act modifies provisions relating to the regulation of water usage.

RATE FOR LOW-INCOME CUSTOMERS OF WATER AND SEWER CORPORATIONS (Section 386.264): This act authorizes the Public Service Commission, during a general rate proceeding for a water corporation or sewer corporation, to set a separate, lower fixed charge or customer charge for low-income customers of water corporations and sewer corporations. The act also creates a definition for "low-income customer". The aggregate impact of any special low-income rate shall be limited to no more than 0.5% of the total revenue requirement allocated to the residential customer class used to set rates.

Additionally, the Public Service Commission shall permit water and sewer corporations to rely upon a third party or community agency to verify eligibility requirements for a low-income rate.

This section is similar to SCS/SB 55 (2019).

MISSOURI WATER SAFETY AND SECURITY ACT (Sections 640.141-640.147): This act establishes the Missouri Water Safety and Security Act. By January 1, 2021, each public water system in the state that serves less than 50,000 customers shall create a plan or assessment to identify risk and resilience of the system. Such plan or assessment shall contain components as set forth in the act. Public water systems shall make a summary of its plan or assessment available upon request. The summary of the plan or assessment shall not include any information that could compromise the physical or cyber security of the system.

The act requires public water systems, except those systems without internet-connected control systems, to create a plan that establishes policies and procedures for cyber security risk management, prevention, and mitigation.

The act further requires all public water systems to create isolation and control valve inspection and hydrant inspection plans. The plans shall contain requirements as set forth in the act.

Public water systems operated by the Department of Natural Resources shall be exempt from the provisions of the Missouri Water Safety and Security Act.

An annual statement of compliance shall be signed by th operator or engineer of the public water system certifying compliance with the provisions of the Missouri Water Safety and Security Act.

No provisions of the act shall be construed to establish a private civil cause of action against an individual in violation of any of the provisions of the act.

These provisions are similar to SCS/SB 66 (2019), SS#3/SCS/HB 113 (2019), HB 801 (2019), HCS/SS/SB 145 (2019), HCS/SCS/SB 363 (2019), and HB 1877 (2018).

LEAD TESTING IN SCHOOLS (Section 701.200):

This act requires, subject to appropriations, each school district to test each source of potable water in a public school building in that district serving students under first grade and constructed before 1996 for lead contamination as specified in the act. The water samples shall be submitted to a Department of Health and Senior Services-approved laboratory and the results of such testing shall be submitted to the Department. If any of the samples tested exceed 5 parts per billion, the school district shall notify the parents or guardians of enrolled students. If the samples tested are less than or equal to 5 parts per billion, the district may notify parents individually or on the school's website. The sampling and analysis shall be completed by December 31, 2021. A school district may seek a waiver from these requirements from the Department if the district has previously tested the building's potable water as specified in the act and submits those results to the Department by December 31, 2020.

These provisions are identical to provisions contained in SCS/SB 66 (2019), similar to SB 245 (2019), and substantially similar to SB 979 (2018).


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