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CCS/HCS/SB 820 - This act modifies provisions relating to utilities. RETURN OF FEDERAL FUNDS (Section 1.513) The state is authorized to seek the return of broadband funding from any provider that defaults or breaches agreements to deploy broadband. The Office of Broadband Development may adjudicate such matters consistent with state law. Providers who default in any state shall provide notice to the Office and there shall be a presumption of default in Missouri as specified in the act. These provisions are similar to provisions in the perfected HCS/HB 2638 (2022). INTERNET ACCESS IN THE STATE CAPITOL (Section 8.055) Beginning January 1, 2024, high speed wi-fi internet access shall be provided to the public within the State Capitol building and on Capitol grounds. This provision is identical to a provision in the perfected HCS/HB 2638 (2022). VERTICAL REAL ESTATE MANAGEMENT (Section 8.475) Under the act, any political subdivision is authorized to erect vertical real estate or towers, as such terms are defined in the act, on its property unless otherwise proscribed by law. Such political subdivisions are also authorized to enter into public-private partnerships in order to effectuation construction of vertical real estate or towers. These provisions are identical to provisions in the perfected HCS/HB 2638 (2022). DISASTER FUND (Section 44.032) The act allows rural electric cooperatives, as defined in the act, to receive funds from the Missouri Disaster Fund. These provisions are identical to provisions in the truly agreed to and finally passed HCS/SS#2/SCS/SB 745 (2022). SALES TAX - SOLAR ENERGY SYSTEMS (Section 144.030.2(46)) This act authorizes a sales tax exemption for purchases by a company of solar photovoltaic energy systems, components used to construct a solar photovoltaic energy system, and all purchases of materials and supplies used directly to construct or make improvements to such systems, provided that the systems are sold or leased to an end user or are used to produce, collect and transmit electricity for resale or retail. This provision is identical to a provision in the truly agreed to and finally passed HCS/SS#2/SCS/SB 745 (2022), and similar to a provision in the perfected SS/SCS/SB 756 (2022), SCS/HCS/HB 1734 (2022), and SCS/SB 881 (2022). NET METERING (Sections 386.885 and 386.890) This act establishes the Task Force on Distributed Energy Resources and Net Metering, to conduct hearings and research information related to net metering as set forth in the amendment. The Task Force shall compile a report for the General Assembly by December 31, 2023. The Task Force shall dissolve on December 31, 2023, or when the Task Force concludes its work, whichever is sooner. The act modifies the definitions of "department", which is changed from the Department of Economic Development to the Department of Natural Resources, and "retail electric supplier", which term now includes municipally-owned utilities. The sale of qualified electric energy units to any customer-generator shall be subject to provisions of law related to consumer protection. These provisions are identical to provisions in the truly agreed to and finally passed HCS/SS#2/SCS/SB 745 (2022), and similar to SCS/SB 763 (2022), HB 1852 (2022), SCS/SB 178 (2021), HB 539 (2021), SB 1065 (2020), and HB 2608 (2020). RESTRICTIVE COVENANTS - RENEWABLE ENERGY (Sections 442.404 and B) 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. These provisions shall apply only with regard to rooftops that are owned, controlled, and maintained by the owner of the individual property or structure. These provisions shall take effect January 1, 2023. (Section B). These provisions are identical to SCS/SB 249 (2021) and provisions in the truly agreed to and finally passed HCS/SS#2/SCS/SB 745 (2022), and similar to HB 938 (2021), SB 1008 (2020), HB 2526 (2020), provisions in HCS/SS/SCS/SB 594 (2020), provisions in HCS/SS/SB 618 (2020), provisions in HCS/SB 664 (2020), and provisions in HCS/SCS/SB 725 (2020). EMINENT DOMAIN FOR ELECTRICAL CORPORATIONS (Sections 523.010, 523.025, 523.039, 523.040, and 523.256) The authority for an electrical corporation, as defined in the act, to condemn property for purposes of constructing electric plant subject to a certificate of convenience and necessity shall not extend to the construction of a merchant transmission line with Federal Regulatory Energy Commission negotiated rate authority unless such line has a substation or converter station located in Missouri which is capable of delivering an amount of its electrical capacity to electrical customers in this state that is greater than or equal to the proportionate number of miles of the line that passes through the state. This provision shall not apply to applications for a certificate of convenience and necessity filed prior to August 28, 2022. (Section 523.010) If an electrical corporation acquires any involuntary easement in this state by means of eminent domain and does not obtain the financial commitments necessary to construct a project for which the involuntary easement was needed in this state within 7 years of the date that such easement rights are recorded, the corporation shall return possession of the easement to the title holder within 60 days and record the dissolution with the county recorder of deeds. In the event of such return of the easement to the title holder, no reimbursement of any payment made by the corporation to the title holder shall be due. (Section 523.025) For eminent domain proceedings of any agricultural or horticultural property by an electrical corporation for purposes of constructing electric plant subject to a certificate of convenience and necessity, just compensation shall be an amount equivalent to 150% of fair market value as determined by the court. This provision shall not apply to applications for a certificate of convenience and necessity filed prior to August 28, 2022. (Section 523.039) In any eminent domain proceeding involving agricultural or horticultural property for purposes of constructing electric plant subject to a certificate of convenience and necessity, at least one of the disinterested commissioners appointed by the court shall be a farmer who has been engaged in farming for a minimum of 10 years in the county where such property is situated. This provision shall not apply to applications for a certificate of convenience and necessity filed prior to August 28, 2022. (Section 523.040) A condemning authority shall be deemed to have engaged in good faith negotiations if, for condemnation of any agricultural or horticultural property for the construction of an electrical transmission line designed to transmit electricity at 345 kilovolts or greater, but not for condemnation of such property by an electrical corporation operating under a cooperative business plan, for the purpose of constructing electric plant subject to a certificate of convenience and necessity, the total compensation package offered was no lower than the amount reflected in an appraisal performed by a state-licensed or state-certified appraiser for the condemning authority multiplied by 150% percent. This provision shall not apply to applications for a certificate of convenience and necessity filed prior to August 28, 2022. (Section 523.256) These provisions are similar to SS/HCS/HB 2005 (2022). SUNSHINE LAW - RECORDS OF MUNICIPAL UTILITIES (Section 610.021) This 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. These provisions are identical to provisions in HCS/SS#2/SCS/SB 745 (2022), SB 827 (2022), a provision in the perfected SS/SCS/SB 756 (2022), a provision in SCS/HCS/HB 1734 (2022), a provision contained in the truly agreed SCS/HCS/HB 362 (2021), SB 214 (2021), and SCS/HB 657 (2021). BROADBAND INTERNET GRANT PROGRAM (Sections 620.2450 & 620.2451) This act modifies provisions of the Broadband Internet Grant Program to expand broadband internet access in unserved and underserved areas of the state to include improving the reliability of broadband in such areas. The act adds a definition for "project" and modifies the definition of "underserved area", which is now defined as a project area without access to wireline or fixed wireless broadband internet service of speeds of at least 100 Mbps download and 20 Mbps upload. The definition of "unserved area" is also modified to mean a project area without access to wireline or fixed wireless broadband internet services of speeds of at least 25 Mbps download and 3 Mbps upload. Grants awarded under the program shall prioritize projects providing speeds of the higher of 100 Mbps download and 100 Mbps upload that is scalable to higher speeds, or the minimum acceptable speed established by the Federal Communications Commission. The funds awarded by the Department of Economic Development for the purposes of the grant program shall require the entity to use the funds specifically for purposes set forth in the grant. BROADBAND INTERNET GRANT PROGRAM (Section 620.2453) For an application to receive grant moneys from the Broadband Internet Grant Program to expand access to broadband internet service in unserved and underserved areas of the state to be considered, an applicant shall provide the Department of Economic Development with certain data detailed in the act. These provisions are identical to provisions in the perfected HCS/HB 2638 (2022). HIGH-SPEED INTERNET (Section 620.2465) The Department of Economic Development shall implement a program to increase high-speed internet access in unserved and underserved areas. OFFICE OF BROADBAND DEVELOPMENT (Section 620.2468) This act authorizes the state office of broadband development to engage in pre-operational site inspections for broadband providers to which it has provided grants or loans. These provisions are identical to provisions in the perfected HCS/HB 2638 (2022). ERIC VANDER WEERD
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