SB 37
Modifies provisions relating to agriculture
Sponsor:
LR Number:
0772S.04S
Last Action:
5/13/2021 - In Conference
Journal Page:
Title:
CCS SB 37
Calendar Position:
4
Effective Date:
August 28, 2021
House Handler:

Current Bill Summary

CCS/SB 37 - This act modifies provisions relating to agriculture.

WOOD ENERGY TAX CREDIT (Section 135.305):

A tax credit for the production of certain wood-energy processed wood products expired on June 30, 2020. This act extends the tax credit until June 30, 2026.

This provision is identical to a provision in SS/SCS/SB 354 (2021), SB 127 (2021), SB 674 (2020), and HB 2274 (2020).

MEAT PROCESSING FACILITIES TAX CREDIT (Section 135.686):

Current law authorizes the Meat Processing Facility Investment Tax Credit for the expansion or modernization of meat processing facilities, with such tax credit program to expire December 31, 2021. This act extends such tax credit until December 31, 2026.

This provision is identical to a provision in SS/SCS/SB 354 (2021).

HIGHER ETHANOL FUEL TAX CREDIT (Section 135.755):

For all tax years beginning on or after January 1, 2022, this act authorizes a tax credit for retail dealers selling higher ethanol blend at the retail dealer's service station, as such terms are defined in the act. The credit shall be equal to five cents per gallon of higher ethanol blend sold and dispensed through metered pumps at the service station during the tax year. The tax credit shall be nontransferable and nonrefundable. The total amount of tax credits authorized under the act in a given fiscal year shall not exceed $4 million.

Nothing in this provision shall be construed to mandate the sale of higher ethanol blends in Missouri.

This provision shall sunset on December 31, 2026, unless reauthorized by the General Assembly.

This provision is similar to a provision in HCS/HB 601 (2021), a provision in HCS/SS/SCS/SB 4 (2021) and SCS/SB 140 (2021).

BIODIESEL BLENDS TAX CREDIT (Section 135.775):

For all tax years beginning on or after January 1, 2022, this act authorizes a tax credit for retail dealers selling biodiesel blends at retail service stations, as set forth in the act. The credit shall be equal to two cents per gallon of biodiesel blend of at least 5% but not more than 10% sold or five cents per gallon of biodiesel blend in excess of 10%. The tax credit shall be nontransferable and refundable. The total amount of tax credits authorized under the act in a given fiscal year shall not exceed $16 million.

The Department of Revenue may work with the Division of Weights and Measures to validate that the biodiesel blend a retail dealer claims for the tax credit authorized under the act contains a sufficient percentage of biodiesel fuel for the tax credit being claimed.

Nothing in the act shall be construed to mandate the sale of biodiesel blends in Missouri.

This provision shall sunset on December 31, 2026, unless reauthorized by the General Assembly.

This provision is substantially similar to a provision in SS/SCS/HCS/HB 529 (2021).

SNAP FARMERS' MARKET PILOT PROGRAM (Section 208.018):

The current Supplemental Nutrition Assistance Program (SNAP) farmers' market pilot program expired on October 10, 2020. This act reauthorizes the program until August 28, 2033.

This provision is identical to HB 594 (2021) and a provision in the perfected HB 652 (2021) and similar to a provision in the truly agreed SS/SCS/HS/HB 432 (2021) and SB 575 (2021).

PESTICIDE CERTIFICATION AND TRAINING (Sections 281.015-281.101):

This act modifies provisions relating to pesticide certification and training.

The act creates and modifies several definitions related to pesticides.

The act repeals a provision allowing the Director of the Department of Agriculture to provide by regulation for the one-time emergency purchase and use of a restricted use pesticide by a private applicator.

The Director may, by regulation, classify licenses, including a license for noncertified restricted use pesticide applicators.

No individual shall engage in the business of supervising the determination of the need for the use of any pesticide on the lands of another without a certified commercial applicator's license issued by the Director.

No certified commercial applicator shall knowingly authorize, direct, or instruct any individual to engage in determining the need for the use of any restricted pesticide on the land of another unless such individual is licensed as a noncertified restricted use pesticide applicator while working under the direct supervision of a certified commercial applicator in which case the certified commercial applicator shall be liable for any use of a restricted use pesticide by an individual operating under the certified commercial applicator's direct supervision.

No certified noncommercial applicator shall knowingly authorize, direct, or instruct any individual to engage in using any restricted use pesticide on lands or structures owned, leased, or rented by the certified noncommercial applicator or the certified noncommercial applicator's employer unless such individual is licensed as a noncertified restricted use pesticide applicator while working under the direct supervision of a certified noncommercial applicator in which case the certified noncommercial applicator shall be liable for any use of a restricted use pesticide by an individual operating under the certified noncommercial applicator's direct supervision.

No pesticide technician shall use or determine the need for the use of any pesticide unless there is a certified commercial applicator, certified in categories as specified by regulation, working from the same physical location as the licensed pesticide technician. A pesticide technician may complete retraining requirements and renew the technician's license without a certified commercial applicator working from the same physical location.

No certified private applicator shall knowingly authorize, direct, or instruct any individual to engage in using any restricted use pesticide on lands or structures owned, leased, or rented by the certified private applicator or the certified applicator's employer unless such individual is licensed as a certified private applicator or a certified provisional applicator.

A private applicator shall qualify for a certified private applicator's license or a certified provisional applicator's license by attending an approved program, completing an approved certification course, or passing a certification examination as listed in the act.

The University of Missouri extension may collect reasonable fees, for training and study materials, for attendance of a certification training program, and for an online certification training program. Such fees shall be assessed based on the majority option decision of a review committee convened every 5 years by the Director. Such fees shall not exceed $75 unless certain members of the review committee vote unanimously in favor of setting a higher fee. The committee shall be composed of members as set forth in the act.

A certified private applicator holding a valid license may renew such license for 5 years upon successful completion of recertification training or by passing the required private applicator certification examination.

On the date of the certified provisional private applicator's 18th birthday, his or her license will automatically be converted to a certified private applicator license reflecting the original expiration date from issuance. A certified provisional private applicator's license shall expire 5 years from date of issuance and may then be renewed as a certified private applicator's license without charge or additional fee.

A provision allowing a private applicator to apply for a permit for the one-time emergency purchase and use of restricted use pesticides is repealed.

No certified public operator shall knowingly authorize, direct, or instruct any individual to engage in using any restricted use pesticide on lands or structures unless such individual is licensed as a noncertified restricted use pesticide applicator while working under the direct supervision of a certified public operator in which case the certified public operator shall be liable for any use of a restricted used pesticide by an individual operating under the certified public operator's direct supervision.

Any person who volunteers to work for a public agency may use general use pesticides without a license under the supervision of the public agency on lands owned or managed by the state agency, political subdivision, or governmental agency.

The act creates provisions relating to the use of restricted pesticides. An application for a noncertified restricted use pesticide applicator's license shall follow requirements as set forth in the act and once licensed, a restricted use pesticide applicator shall use pesticides as set forth in the act, including when under supervision of another individual licensed by the Department of Agriculture.

Each pesticide dealership location or outlet from which restricted use pesticides are distributed, sold, held for sale, or offered for sale at retail or wholesale direct to the end user shall have at least one individual licensed as a pesticide dealer. Any individual possessing restricted use pesticides and selling or holding and offering for sale such pesticides from a motor vehicle shall be licensed as a pesticide dealer. No individual shall be issued more than one pesticide dealer license.

Each applicant for a pesticide dealer's license shall pass a pesticide dealer examination provided by the Director.

Licensed certified applicators, licensed noncertified restricted use pesticide applicators, licensed pesticide technicians, and licensed pesticide dealers shall notify the Department within 10 days of any conviction of or plea to any offense listed in the act.

The Director may issue a pesticide applicator certification on a reciprocal basis with other states without examination to a nonresident who is licensed as a certified applicator in accordance with the reciprocating state's requirements and is a resident of the reciprocating state.

The act repeals a provision stating that a nonresident applying for certain pesticide licenses to operate in Missouri shall designate the Secretary of State as the agent of such nonresident upon whom process may be served unless the nonresident has designated a Missouri resident agent.

The act prohibits any person to use or supervise the use of pesticides that are cancelled or suspended. It is unlawful for any person not holding a valid certified applicator license in proper certification categories or a valid pesticide dealer license to purchase or acquire restricted use pesticides. Additionally, it is unlawful for any person to steal or attempt to steal pesticide certification examinations or examination materials, cheat on pesticide certification examinations, evade completion of recertification or retraining requirements, or aid and abet any person in an attempt to steal examinations or examination materials, cheat on examinations, or evade recertification or retraining requirements.

These provisions shall become effective on January 1, 2024.

These provisions are substantially similar to HCS/HB 1125 (2021), provisions in the truly agreed HB 476 (2021), provisions in the truly agreed CCS#2/HCS/SS#2/SB 26 (2021), and similar to SB 1082 (2020) and HB 2532 (2020).

FARM VEHICLE REGISTRATION (Section 301.033):

This act requires the Department of Revenue to establish a system in which individuals who own multiple farm vehicles can elect to have the vehicles placed on the same registration renewal system.

All farm fleet vehicles shall be registered in April or on a prorated basis as provided in the act, and fees for farm fleet vehicles registered on a calendar year or biennial basis shall be payable not later than the last day of April, with 2 years' fees due for biennial registration. The act requires a certificate of inspection and approval issued no more than 120 days prior to registration. Fees for vehicles subsequently added to an existing farm vehicle fleet shall be prorated as specified in the act.

Farm vehicles registered under this act shall be issued a multi-year special license plate bearing the words "Farm Fleet Vehicle" and not requiring issuance of registration renewal tabs. Upon payment of the registration fees, the Director of the Department of Revenue shall issue a registration certificate or other suitable evidence that annual or biennial fees have been paid, which shall be carried in the vehicle at all times.

These provisions are identical to the perfected HB 153 (2021), provisions in HCS/HB 601 (2021), provisions in HCS/SS/SCS/SB 4 (2021), provisions in HCS/SB 38 (2021), provisions in HCS/SS/SB 46 (2021), and provisions in HCS/SS/SB 89 (2021).

AGRICULTURAL PRODUCTION TAX CREDITS (Section 348.436):

Current law authorizes tax credits for contributions to the Missouri Agriculture and Small Business Development Authority and investments in new generation cooperatives for the purpose of development of agricultural business, with such tax credit programs to expire December 31, 2021. This act extends such tax credits until December 31, 2026.

This provision is similar to a provision in HCS/HB 601 (2021), a provision in SCS/SB 354 (2021), and a provision in SS/SCS/HB 948 (2021).

FAMILY FARM LIVESTOCK LOAN PROGRAM (Section 348.500):

In current law, "small farmer" is defined in the Family Farms Act as a farmer who is a Missouri resident and who has less than $250,000 in gross sales per year. This act changes the amount of gross sales to less than $500,000 per year.

The act repeals a provision that each small farmer is eligible for only one family farm livestock loan per family and for only one type of livestock.

Additionally, the maximum amount of the family farm livestock loan for each type of livestock under the act is as follows:

• Beef cattle: $150,000

• Dairy cattle: $150,000

• Swine: $70,000; and

• Sheep & goats: $60,000

These provisions are identical to HB 645 (2021), provisions in HCS/HB 601 (2021), and SB 490 (2021).

ANHYDROUS AMMONIA (Sections 266.355, 643.050, 643.079, and 643.245):

This act repeals provisions of law that give the Department of Agriculture oversight over standards relating to anhydrous ammonia.

Additionally, under the act the Air Conservation Commission shall have the power to adopt, promulgate, amend, and repeal rules and regulations for covered processes at agricultural stationary sources that use, store, or sell anhydrous ammonia, and regulations necessary to implement and enforce the risk management plans under the federal Clean Air Act.

Each retail agricultural facility that uses, stores, or sells anhydrous ammonia that is an air contaminant source subject to a risk management plan under the federal Clean Air Act shall pay an annual registration of $200. The act establishes an annual tonnage fee for anhydrous ammonia of $1.25 per ton used or sold.

Each distributor or terminal agricultural facility that uses, stores, or sells anhydrous ammonia that is an air contaminant source subject to a risk management plan program 3 under federal regulations relating to chemical accident prevention shall pay an annual registration of $5,000 and shall not pay a tonnage fee.

Finally, the act creates the Anhydrous Ammonia Risk Management Plan Subaccount within the Natural Resources Protection Fund which shall consist of fees required under the act.

These provisions are identical to provisions in HCS/SCS/SB 40 (2021), similar to HB 440 (2021), and substantially similar to SB 994 (2020) and HB 2573 (2020).

JAMIE ANDREWS

Amendments

No Amendments Found.