HB 0450 (Truly Agreed) Revises public infrastructure laws
Bill Summary
- Prepared by Senate Research -

CCS/SS/SCS/HS/HB 450 - FINANCING FOR WATER, STORMWATER AND SEWER PROJECTS - This act contains the enabling statutes that allow the Board of Fund Commissioners to borrow moneys to implement the provisions of Amendment No. 7 as passed by Missouri voters in November 1998 relating to water pollution and stormwater control.

Section 644.509 is revised to provide that the additional $15 million which may be borrowed pursuant to this section shall be above that authorized prior to Aug. 28, 1999, due to the revision of Article III, section 37(e) in November 1998. This section was enacted in 1998 to authorize additional borrowing based on amounts authorized prior to Aug. 28, 1998.

Section 644.566 authorizes indebtedness in the amount of $2.5 million pursuant to Article III, Section 37(e) of the Missouri Constitution for control of water pollution, improvements to drinking water systems, storm water control and financing rural water and sewer grants.

Section 644.568 authorizes indebtedness equal to $10 million pursuant to Article III, Section 37(g) of the Missouri Constitution to fund the finance and construction of rural water and sewer grants or loans. The funds are to be allocated to eligible counties, municipalities, sewer districts, water districts, or combinations of any of these entities.

Section 644.570 authorizes indebtedness pursuant to Article III, Section 37(h) of the Missouri Constitution in an amount equal to $20 million for the creation of the Stormwater Control Bond and Interest Fund to fund stormwater control plans, studies and projects in first classification counties and the City of St. Louis. All moneys are to be evenly divided between grants and loans. Funds shall be dispersed in proportion to the total population of the first classification counties and the City of St. Louis, however, cities within a county that have over 25,000 inhabitants shall receive grants directly in proportion to the city's composition of the population of that county. Entities eligible to participate in this program include municipalities, sewer districts, sewer districts established pursuant to Section 30(a) of Article VI of the Missouri Constitution, water districts, counties, or combinations of the same.

Similar provisions are contained in the Truly Agreed To and Finally Passed version of HS/HCS/SS/SCS/SBs 160 & 82.

WATER SERVICE LATERAL LINES IN ST. LOUIS COUNTY - With voter approval, certain first classification counties, currently including St. Louis County, may impose, on a countywide basis in both incorporated and unincorporated areas, a fee not to exceed one dollar per month upon water service lines providing water service to residential property having four or fewer dwelling units to fund repairs of such lines.

A water service line shall not extend further than from the water mains to the first opportunity for a connection or joint beyond the point of entry into the premises and shall not include the water meter or any facilities owned by the utility.

The funds collected shall be deposited in a special account and used only for paying for the costs of water service line repairs and, if funds are available, paying the costs of service line repair, replacement or relocation made necessary by public right-of-way improvements.

The county may contract with any provider of water service to bill and collect the fees. The county may establish regulations for the administration of the program. The county may administer, or contract to administer, any part of the program. The costs of administration may be paid from the revenues received under this act.

This portion of the act is similar to SB 82.

Similar provisions are contained in the TAT version of HS/HCS/SS/SCS/SBs 160 & 82.

GRANTS FOR STORM WATER CONTROL IN FIRST CLASSIFICATION COUNTIES - The act revises grants for storm water control. Under current law, the General Assembly may appropriate funds to the Clean Water Commission for storm-water control in any county or city, and such funds shall be distributed based upon population to all eligible counties. Funds may be used for up to 80% of the cost of any project, including the development of a storm-water plan.

This act allows the funds to be used only in first classification counties, the City of St. Louis, and Kansas City. Funds may only be used for up to one-third of project cost, and eligible counties and cities must already have a storm-water control plan approved by the Clean Water Commission or acceptable to the United States Army Corps of Engineers and approved by the Clean Water Commission.

This portion of the act is similar to SB 395.

Similar provisions are contained in the TAT version of HS/HCS/SS/SCS/SBs 160 & 82.

JOINT UTILITY COMMISSIONS AND WATER DISTRICTS - The act allows joint municipal utility commissions to contract with participating cities and sewer districts for the provision of sewer services. Such contracting for water, gas and electric services is already permissible.

A utility commission is prohibited from selling water within the jurisdiction of a privately-owned water company unless it is also within the boundaries of a contracting municipality or public water supply district.

Cities with existing waterworks systems are allowed to be included in water districts. The inclusion requires a majority vote of its governing body. Current law only allows the inclusion of cities that do not have existing waterworks systems.

This act also allows water districts to transfer portions of the territory they serve to cooperating contiguous districts. Language allowing water district expansion is moved from Section 247.040 to Section 247.030 with no substantive changes.

This portion of the act is similar to SB 400.

Similar provisions are contained in the TAT version of HS/HCS/SS/SCS/SBs 160 & 82.

SEWER DISTRICT BILLING PRACTICES - Section 249.645, RSMo, establishes the basic guidelines for customer billing practices of public sewer districts including provisions for the nature of the charges included in the billing, and penalties for failure to service the account such as disconnection of services and liens against property. The act provides that this section shall also apply to sewer districts established pursuant to the state Constitution. The act also changes the period of delinquency leading to disconnection of services from one year to three months.

This portion of the act is similar to SB 272.

Similar provisions are contained in the TAT version of HS/HCS/SS/SCS/SBs 160 & 82.

MUNICIPAL WATER SERVICE IN CERTAIN AREAS - This act provides that municipal water service customers in certain counties, currently including Jackson County, may continue to receive water service from the municipality, even if a public water supply district claims exclusive jurisdiction for such customers.

Similar provisions are contained in the TAT version of HS/HCS/SS/SCS/SBs 160 & 82.

PUBLIC BUILDINGS - The act authorizes the Board of Public Buildings to issue an additional $196 million in revenue bonds and the requirement that government buildings be placed in communities of at least five thousand inhabitants is repealed.

SEWER DISTRICT BOARDS - The act allows the members of the Board of Trustees of common sewer districts to receive compensation for serving on the Board.

COUNTY-WIDE SEWER DISTRICTS - The act authorizes first-class, non-charter counties to establish county-wide sewer districts.

NONPROFIT WATER COMPANIES - The act authorizes the establishment of nonprofit water corporations in a manner similar to the establishment of electric cooperatives.

Similar provisions are contained in the TAT version of HS/HCS/SS/SCS/SBs 160 & 82.

JOINT WATER AND SEWER BOARDS - The act provides the authority to acquire property, including by eminent domain, to boards and commissions formed via contract between political subdivisions to jointly supply water and sewer service.

LEVEE DISTRICT BOARDS - The act provides that the authorized representative of any corporation owning land or other property in a levee district may attend the meeting to elect levee board members and may be elected to the board.

The act contains an emergency clause for the portions pertaining to water service lateral lines, municipal water service in certain areas and revenue bonds issued by the Board of Public Buildings.
OTTO FAJEN

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