Missouri Senate

House Amendment

TAX EXEMPTION FOR PHOTOVOLTAIC ENERGY DISTRIBUTION SYSTEMS (Section 144.030):

This act establishes a sales & use tax exemption for photovoltaic energy distribution systems and all supplies used to make improvements to the systems.

This provision is identical to HB 2658 (2020).

INFRASTRUCTURE SYSTEM REPLACEMENT SURCHARGE FOR GAS CORPORATIONS (Sections 393.1009-393.1015):

The act modifies the definition of "gas utility plant projects" for provisions of law relating to an infrastructure system replacement surcharge for gas corporations.

If a gas corporation's ISRS includes unlawful and unreasonable charges as determined in a final court ruling and from which no appeal is taken, subject to PSC approval, the gas corporation shall refund every current customer of the gas corporation who paid such charges before the gas corporation may file for a new ISRS. Customers who are no longer served by the gas corporation but who paid such charges may apply to the gas corporation for a refund within 2 years of the ruling.

Any ISRS petition thereafter shall be accompanied with a verified statement that the gas corporation is using a competitive bidding process for installing no less than 25% of ISRS-eligible gas utility plant projects. Under this act, the lowest and best bid in the competitive bidding process shall receive the contract to perform the project.

Under this act, the Public Service Commission shall prepare a report for the General Assembly annually, with the first report being submitted by December 31, 2023, on the competitive bidding process established under this act.

The provisions of law relating to the ISRS for gas corporations shall expire on August 28, 2029.

These provisions are similar to HCS/HB 1992 (2020).

DISCONTINUANCE OF GAS OR ELECTRIC SERVICE (Section 393.1900):

During a state of emergency due to a pandemic, the discontinuance of gas or electric services to residential users for nonpayment of bills, if gas or electricity is used as a heating or cooling source at such residence, shall be prohibited.

RESTRICTIVE COVENANTS (Section 442.404):

This act specifies that no deed restriction, covenant, or similar binding agreement running with the land shall limit or prohibit the installation of solar panels or solar collectors, as defined in the act, on the rooftop of any property or structure.

A homeowners' association may adopt reasonable rules regarding the placement of solar panels or solar collectors to the extent those rules do not prevent the installation of the device or adversely affect its functioning, use, cost, or efficiency.

This act shall apply only with regard to rooftops that are owned, controlled, and maintained by the owner of the property or structure.

This provision is identical to SB 1008 (2020) and HB 2526 (2020).

EMINENT DOMAIN FOR UTILITY PURPOSES (Section 523.262):

This act specifies that no entity, which is defined as a utility company that does not provide service to end-use customers or provide retail service in Missouri, or does not collect its costs to provide service under a regional transmission organization tariff, regardless of whether it has received a certificate of convenience and necessity from the Public Service Commission, shall have the power of eminent domain for the purpose of constructing above-ground merchant lines, as such term is defined in the act.

The provisions of the act shall not apply to rural electric cooperatives and certain other corporations operating on a cooperative basis.

These provisions are identical to HCS/HB 2033 (2020), substantially similar to SBs 597 & 604 (2020), and similar to SCS/HB 1062 (2019).

SUNSHINE LAW (Section 610.021):

The act adds individually identifiable customer usage and billing records for customers of a municipally owned utility, unless the records are requested by the customer or authorized for release by the customer, to the list of records that may be closed under the Sunshine Law. A municipally owned utility shall make available to the public the customer's name, billing address, location of service, and dates of service provided for any commercial service account.

This provision is identical to HB 1953 (2020) and similar to SB 828 (2020).

RURAL BROADBAND ACCESS (Sections 620.2451 & 620.2459):

The act extends the sunset of the Broadband Internet Grant Program to August 28, 2027.

Additionally, the act requires the Department of Economic Development to maintain a record of all federal grants awarded to entities for the purposes of providing, maintaining, and expanding rural broadband in the state. In cases in which funds have been retained, withheld, or not distributed to due failure to meet performance standards or other criteria, the Department shall seek to have the funds awarded to another eligible, qualified Missouri broadband provider.

These provisions are similar to provisions contained in SS/SCS/HB 1768 (2020) and SS/SB 632 (2020).

WATER SAFETY AND SECURITY ACT (Sections 640.141-640.145):

This act requires community water systems, as such term is defined in the act, that use an internet-connected control system to create a plan that establishes policies and procedures for identifying and mitigating cyber risk. Such plans shall include information as set forth in the act. State parks, cities with more than 30,000 inhabitants, Jackson County, St. Louis County, and certain regulated water utilities are exempt from these provisions.

Additionally, the act requires community water systems to create a valve and hydrant inspection program as set forth in the act. State parks, certain cities and counties, and certain regulated water utilities are exempt from these provisions.

Upon request, community water systems shall submit a report to the Department of Natural Resources certifying compliance with all regulations regarding water sampling, testing, and reporting, hydrant and valve inspections, and cyber security plans and policies.

These provisions are similar to SCS/HCS/HB 2120 (2020), SCS/SB 66 (2019) and HB 801 (2019).

UNIFORM SMALL WIRELESS FACILITY DEPLOYMENT ACT (Section 67.5122):

Finally, the act repeals the sunset date for the Uniform Small Wireless Facility Deployment Act.

JAMIE ANDREWS

HA #1: EXTENDS THE SUNSET DATE OF THE SMALL WIRELESS FACILITIES DEPLOYMENT ACT TO JANUARY 1, 2025.

THIS AMENDMENT REMOVES SECTION 144.030 FROM THE ACT, WHICH ESTABLISHED A SALES AND USE TAX EXEMPTION FOR PHOTOVOLTAIC ENERGY DISTRIBUTION SYSTEMS AND ALL SUPPLIES USED TO MAKE IMPROVEMENTS TO THE SYSTEMS.

THE AMENDMENT ALSO MODIFIES THE DEFINITION OF "ISRS COSTS" FOR PROVISIONS OF LAW RELATING TO AN INFRASTRUCTURE SYSTEM REPLACEMENT SURCHARGE FOR GAS CORPORATIONS.

THE AMENDMENT ESTABLISHES PROVISIONS FOR TESTING POTABLE WATER IN SCHOOLS FOR LEAD.

HA #2: MODIFIES THE DEFINITION OF "FACILITY", TO REMOVE ALUMINUM SMELTING FACILITIES, FOR PROVISIONS OF LAW ALLOWING THE PUBLIC SERVICE COMMISSION TO APPROVE A SPECIAL RATE, OUTSIDE OF A GENERAL RATE PROCEEDING, FOR CERTAIN ELECTRICAL CORPORATIONS.

HA #3: ESTABLISHES THE MISSOURI MADE FUELS ACT, WHICH ESTABLISHES MINIMUM BIODIESEL CONTENT LEVELS FOR CERTAIN FUELS SOLD IN MISSOURI.

HA #4: MODIFIES PROVISIONS RELATING TO NEIGHBORHOOD IMPROVEMENT DISTRICTS, COMMUNITY IMPROVEMENT DISTRICTS, AND LINEAR FOOT FEES CHARGED BY POLITICAL SUBDIVISIONS.

HA #5: MODIFIES PROVISIONS RELATING TO CONSTRUCTION WORK IN PROGRESS FOR CERTAIN ELECTRIC GENERATION FACILITIES AND CREATES THE MISSOURI NUCLEAR CLEAN POWER ACT.

HA #6: MODIFIES PROVISIONS RELATING TO TAXATION OF CERTAIN ENERGY-PRODUCING PROPERTY AND REPEALS THE TASK FORCE ON WIND ENERGY.

HA #7: PROHIBITS CERTAIN CHARGES TO CUSTOMERS BY PUBLIC WATER SUPPLY DISTRICTS AND METROPOLITAN WATER SUPPLY DISTRICTS.