CCS/HCS/SB 109 - The act modifies and creates new provisions relating to natural resources. DISTRIBUTION OF MINING REVENUE FROM NATIONAL FOREST RESERVES Under the act, eighty-five percent of the total revenue of mineral products extracted from national forest reserves shall be distributed to counties where mining occurs in proportion to the minerals extracted per year in each county where mining occurs. Fifteen percent of the total revenue of such mineral products shall be distributed equally between the counties where mining does not occur. The revenue allocated to each county shall be equally divided between the public schools and roads of such county. (Section 12.070) These provisions are identical to provisions in SCS/HCS/HB 631 (2023), SCS/HCS/HB 779 (2023), HCS/HB 948 & 915 (2023), and SCS/SB 481 (2023). DISTRIBUTION OF MONEYS FROM A SPECIFIED ADMINISTRATIVE ORDER TO CERTAIN SCHOOL DISTRICTS The act provides that no money received by the Iron County School Fund from the specified administrative order issued by the Department of Natural Resources shall be included as part of the school district's local effort calculation. The Department of Elementary and Secondary Education shall reimburse Iron County School District for the amount of any moneys that are or have been included in such school district's local effort. The Department of Natural Resources shall notify the Revisor of Statutes when such order is terminated as provided in the order. This provision shall expire on the last day of the fiscal year in which the Revisor receives such notification from the Department. This provision contains an emergency clause. (Section 163.024) These provisions are identical to provisions in SCS/HCS/HB 631 (202), SCS/HCS/HB 779 (2023), HCS/HB 948 & 915 (2023), and SCS/SB 481 (2023). MODIFICATION OF MEMBERSHIP OF INDUSTRIAL MINERALS ADVISORY COUNCIL Under current law, the Industrial Minerals Advisory Council has three members representing limestone quarry operators and one member each representing the clay mining, sandstone mining, sand and gravel mining, barite mining, and granite mining industries. Under this act, there shall be eight representatives of the following industries, with no more than four appointees from any one industry: limestone quarry operators, granite mining, clay mining, sandstone mining, barite mining, other nonmetallic surface mining, or sand and gravel mining. (Section 256.710) This provision is identical to provisions in SCS/HCS/HB 631 (2023) and SCS/HCS/HB 779 (2023). FLOOD RESILIENCY ACT This act creates "Flood Resiliency Act" and the "Flood Resiliency Program" for the purpose of increasing flood resiliency along the Missouri and Mississippi rivers and their tributaries and improving statewide flood forecasting and monitoring ability. The state of Missouri may participate with a political subdivision in the development, construction, or renovation of a flood resiliency project, as defined in the act, if the political subdivision has a plan for such project which has been submitted to and approved by the Director of the Department of Natural Resources. Alternatively, the state may promote such project or initiate its own plan for such project. Such plan shall include a description of the flood resiliency project and the Director shall approve such a project subject to certain conditions as described in the act. Political subdivisions with approved flood resiliency projects and their partners may receive funds from public and private sources, including the newly created Flood Resiliency Improvement Fund, for the purpose of implementing such projects under the act. (Section 256.800) This act is identical to provisions in SS/SB 265 (2023), SB 615 (2023), HB 1242 (2023), HB 2617 (2022) and similar to SB 984 (2022). SUNSET FEE EXTENSION WITHIN THE DEPARTMENT OF NATURAL RESOURCES The act extends the sunset date on certain geologic resources fees from December 31, 2025, to December 31, 2031. (Section 256.700) The authority of the State Oil and Gas Council to revise the fee structure under the act shall expire on August 28, 2031, instead of August 28, 2025. If the Council's authority to revise the fee structure under the act expires, the fee structure in place at the time of expiration shall remain in place. (Section 259.080) The act extends the fee on the sale of lead-acid batteries from December 31, 2023, to December 31, 2029. (Section 260.262) The act extends the fee on the sale of tires from December 31, 2025, to December 31, 2031. (Section 260.273) The Hazardous Waste Commission's authority to revise the fee structure for hazardous waste generators shall extend from August 28, 2024, to August 28, 2030. If the Commission's authority to revise the fee structure under the act expires, then the existing fee structure at the time of the expiration shall remain in place. (Sections 260.380 and 260.475) Currently, fees for the transportation of radioactive waste expire on August 28, 2024. This act extends the fees until August 28, 2030. (Section 260.392) The Missouri Mining Commission's authority to revise the fee structure under the Land Reclamation Act is extended from August 28, 2024, to August 28, 2030. If the Commission's authority to revise the fee structure under the act expires, then the existing fee structure at the time of the expiration shall remain in place. (Section 444.768) Under the act, the expiration date of fees for surface mining under the act shall be extended from December 31, 2024, to December 31, 2030. (Section 444.772) The Safe Drinking Water Commission’s authority to revise the fee structure for customer service connections to a public water system is extended from August 28, 2024, to August 28, 2030. If the Commission's authority to revise the fee structure expires, the existing fee structure at the time of the expiration shall remain in place. (Section 640.100) The Air Conservation Commission's authority to revise the fee structure for certain air contaminants is extended from August 28, 2024, to August 28, 2030. If the Commission's authority to revise the fee structure expires, the existing fee structure at the time of the expiration shall remain in place. (Section 643.079) The Clean Water Commission's authority to revise the clean water fee structure is extended from August 28, 2024, to August 28, 2030. If the Commission's authority to revise the fee structure expires, the existing fee structure at the time of the expiration shall remain in place. (Section 644.057) These provisions are identical to provisions in SCS/HCS/HB 631 (2023), SCS/HCS/HB 779 (2023), and substantially similar to SCS/SB 395 (2023). REGULATION OF PRODUCTION OF MINERALS FOR COMMERCIAL PURPOSES Under current law, every mine operator in the state is required to file with the Director of the Division of Mine Inspection and the Division of Taxation and Collection of the Department of Revenue a statement on forms to be prescribed and furnished in triplicate by the Director of the Division of Mine Inspection showing the total amount of minerals sold, shipped, or otherwise disposed of during the last preceding quarter-annual period. This act repeals the requirement that the statement forms be furnished in triplicate, requiring only a single form to be furnished. This act changes the tonnage fees on various minerals which are mined or produced for commercial purposes. The act additionally adds rhyolite and cobalt to the list of minerals that are required to be assessed a tonnage fee. The act allows the Director of the Division of Mine Inspection to announce a fee when any new mineral is mined in the state, provided the mineral is the chemical equivalent of a mineral specifically regulated pursuant to this act and the Labor and Industrial Relations Commission approves the addition. The act increases mine inspection fee from $10 to $25 per quarter-annual period. Failure to pay a fee listed in this act within 30 days after the end of each quarter-annual period, may result in the imposition of a late fee equal to 10% of the unpaid amount. The Director may bring an action in the appropriate circuit court to collect any unpaid fee, late fee, interest, or attorney's fees and costs incurred directly in fee collection. Such action may be brought in the circuit court of the county in which the mine is located, or in the circuit court of Cole County. (Section 293.030) These provisions are identical to HB 1020 (2023), and substantially similar to SB 383 (2023). REGULATORY ACTION BY THE DEPARTMENT OF NATURAL RESOURCES The act provides that the Department of Natural Resources shall not take any permitting or regulatory action based solely on guidance that has not been promulgated as a regulation, unless such use of guidance is agreed to by the permittee or person subject to such regulatory action. (Section 640.023) This provision is identical to provisions in SCS/HCS/HB 631 (2023) and SCS/HCS/HB 779 (2023). MODIFICATION OF CERTAIN ENVIRONMENTAL SEVERABILITY PROVISIONS This act modifies certain severability provisions from HB 89 (2011) regarding natural resources. (Section 640.099) This provision is identical to provisions in SCS/HCS/HB 631 (2023), SCS/HCS/HB 779 (2023), HCS/HB 1207 & 622 (2023). EARTHEN BASINS Under the act, the construction of any earthen basin to retain and settle non-toxic, non-metallic earthen materials such as soil, silt, and rock, is excluded from the construction permit requirement where such permit is required to construct, build, replace or make major modification to any point source or collection system designed to convey or discharge human sewage to waters in the state. (Section 644.051) This provision is substantially similar to SCS/HCS/HB 631 (2023), SCS/HCS/HB 779 (2023), HCS/HB 1207 &622 (2023), SCS/SB 266 (2023). CLEAN WATER FEE STRUCTURE The Clean Water Commission's authority to revise the clean water fee structure is extended from August 28, 2024 to August 28, 2030. If the Commission's authority to revise the fee structure expires, the existing fee structure at the time of the expiration shall remain in place. (Section 644.057) These provisions are identical to provisions in SCS/HCS/HB 631 (2023), SCS/HCS/HB 779 (2023), and substantially similar to SCS/SB 395 (2023). JULIA SHEVELEVA