SS#2 SCS HCS HB 89 -- NATURAL RESOURCES

This bill changes the laws regarding natural resources.

STATE DEPARTMENT TRANSPARENCY (Section 37.970, RSMo)

The bill specifies that it must be the policy of each state
department to carry out its duties with full transparency to the
public and any data collected must be available to the public in
a timely fashion with reports and other information being easily
accessible to the public.  Each department must broadly interpret
any request for information under the Open Meetings and Records
Law, commonly known as the Sunshine Law, and must respond
accordingly regardless of the format in which the request is
made.  Any failure to release information will be considered a
policy violation and constitute a breach of the public's trust.

COUNTY DRINKING WATER SUPPLY LAKE AUTHORITY (Sections 67.4500 -
67.4520)

A county drinking water supply lake authority is established in
Sullivan County which is to be a body corporate and politic and a
political subdivision of this state.  Its income and property
will be exempt from state and local taxation.  The bill:

(1)  Specifies that the authority must consist of between six and
30 members appointed by the members of the water commission
owning the reservoir.  The members will serve six-year terms with
the initial members being appointed to staggered terms.  A member
of the authority must be at least 25 years of age and have been
registered to vote in Missouri and lived in the county for more
than five years;

(2)  Requires the water commission, by resolution, to establish a
date and time for the initial meeting of the authority.  At the
initial meeting, and annually thereafter, the authority must
elect from its members a chairman and vice-chairman and appoint a
secretary and a treasurer.  The authority may appoint an
executive director who must not be a member of the authority and
who will serve at the authority's pleasure.  The authority may
designate the secretary to act in lieu of an executive director;

(3)  Requires each member of the authority to execute a surety
bond in the amount of $50,000 or the authority chairman must
execute a blanket bond covering each member and the employees or
other officers of the authority;

(4)  Prohibits an authority member from participating in any
decisions or deliberations concerning issues in which he or she
has a direct financial interest;

(5)  Allows the authority to acquire, own, construct, lease, and
maintain recreational or water quality projects; acquire, own,
lease, or sell property to fulfill the purposes of the authority;
enter into contracts; sue and be sued; accept gifts, grants,
loans, or contributions; employ staff or contract with
independent contractors for needed services; disburse funds and
set salaries of its employees; fix rates, fees, and charges for
the use of any projects and property owned, leased, operated, or
managed by the authority; adopt, alter, or repeal its own
governing bylaws and rules; sell and supply water; construct,
own, and operate infrastructure projects; issue revenue bonds;
and adopt tax increment financing within its boundaries;

(6)  Allows the state or any political subdivision or municipal
corporation to transfer possession or control of any property to
the authority;

(7)  Allows the state or any political subdivision to
appropriate, allocate, and expend funds for the benefit of the
authority; and

(8)  Authorizes the authority to exercise all zoning and planning
powers that are granted to cities, towns, and villages except
that the authority cannot exercise the powers within the limits
of any city, town, or village that has adopted a city plan before
August 28, 2011.

REAL-TIME BACTERIAL WATER QUALITY TESTING (Section 192.1250)

The Department of Health and Senior Services must examine the
feasibility of implementing a real-time water quality testing
system for measuring the bacterial water quality at state-owned
public beaches and must issue a report of its findings to the
General Assembly by December 31, 2011.

PUBLIC WATER SUPPLY DISTRICT DIRECTORS (Section 247.060)

The bill:

(1)  Allows each member of a public water supply district board
to receive a fee of up to $100 for attending each regularly or
specially called board meeting.  A member can receive payment for
up to two meetings per month except in a first classification
county where a member can receive payment for up to four meetings
per month.  No member can be paid for attending more than one
board meeting per week.  Currently, members must serve without
compensation;

(2)  Allows the president of a board to receive an additional $50
for attending each regularly or specially called board meeting
but prohibits him or her from receiving the additional fee for
attending more than two meetings per month;

(3)  Specifies that a member will be reimbursed for any actual
expenditures in the performance of his or her duties on behalf of
the district;

(4)  Prohibits a member from receiving any attendance fees or
additional compensation until he or she has completed a minimum
of six hours of training regarding the responsibilities of the
board and its members in specified areas including the basics of
water treatment and distribution; budgeting and rates; planning;
and the Open Meetings and Records Law, commonly known as the
Sunshine Law;

(5)  Specifies that the circuit court of the county having
jurisdiction over the district is authorized to:

(a)  Suspend any member from exercising his or her office when it
appears that the member has abused his or her trust or become
disqualified;

(b)  Remove any member upon proof or conviction of gross
misconduct or disqualification for his or her office; or

(c)  Restrain and prevent any alienation of property of the
district by members in certain specified cases; and

(6)  Specifies that the jurisdiction conferred by these
provisions must be exercised upon petition by any member or at
the instance of any 10 voters residing in the district who join
in the petition.  The petition must be heard in a summary manner
after 10 days' written notice to the member or officer who is the
subject of the complaint.

STATE PARKS EARNINGS FUND (Section 253.090)

Any moneys remaining in the State Parks Earnings Fund at the end
of the biennium will not revert to the credit of the General
Revenue Fund.

PRIVATE LANDOWNER PROTECTION ACT (Section 442.014)

The Private Landowner Protection Act is established which allows
for the creation and enforcement of conservation easements
designed to protect the environment or preserve certain
historical, architectural, archaeological, or cultural aspects of
real property.  An easement may be created, conveyed, recorded,
assigned, released, modified, terminated, or otherwise altered or
affected in the same manner as other easements; and a court may
modify or terminate an easement based on the principles of law
and equity.

An existing real property interest is not affected by a
conservation easement unless the owner is a party to the easement
or consents to it.  A conservation easement will be valid in a
number of situations that are specified in the bill which are not
recognized by common law.  Retroactive application is mandated to
the extent allowed by state and federal law but cannot place any
additional burden or obligation on any grantor or grantee, or on
their successors, of a conservation easement.

MINING PERMITS (Sections 444.771 and 444.773)

The Department of Natural Resources and the Land Reclamation
Commission within the department are prohibited from issuing a
surface mining or a water or air quality permit to any person
whose mine plan boundary is within 1,000 feet of any property
where an accredited school has been located for at least five
years prior to the permit application.  This provision does not
apply to a request for an expansion to an existing mine or to any
underground mining operation.

Currently, the commission may deny a surface mining permit if it
finds in any hearing, based on competent and substantial
scientific evidence, that the interested party's health, safety,
or livelihood would be unduly impaired by the issuance of the
permit.  The bill specifies that it must be in a public hearing
and removes the provision placing the burden of proof on the
permit applicant.

CLEANFIELDS RENEWABLE ENERGY DEMONSTRATION PROJECTS (Section
620.2300)

An owner of a park consisting of at least 50 contiguous acres in
which the property is subject to remediation under a clean-up
program supervised by the Department of Natural Resources or the
United States Environmental Protection Agency may submit an
application to the Department of Economic Development to
establish a cleanfields renewable energy demonstration project.
The department must review all project applications and, in
consultation with the Department of Natural Resources, verify
satisfaction of all requirements.  If the Department of Economic
Development approves a project application, it must forward the
application and approval to the Missouri Public Service
Commission.  Upon receipt of the application and approval, the
commission must assign double credit to any electric power,
renewable energy, renewable energy credits, or any successor
credit generated from certain renewable energy resources or
certain electric power generated off-site by utilizing biomass
fuel or renewable energy resources.

APPEALS TO THE ADMINISTRATIVE HEARING COMMISSION (Section
621.250)

Currently, any party who is affected by a finding, order,
decision, or assessment made by a state regulatory environmental
commission may file an appeal with the Administrative Hearing
Commission.  The bill specifies that the party must be aggrieved
or adversely affected by the finding, order, decision, or
assessment in order to file an appeal.

Currently, the commission has discretion on whether or not to
hold a hearing on an appeal request.  The bill requires the
commission to hold a hearing and make a recommended decision
within 60 days of the date of the request or make a recommended
decision within the 60-day period based on the stipulation of the
parties, consent order, or agreed settlement or by the
disposition in the nature of default judgment, judgment on the
pleadings, or summary determination.  The commission must issue
its final decision on an appeal of a decision by the Director of
the Department of Natural Resources within 90 days of the date
the notice of appeal is filed.

The bill prohibits a cause of action or appeal arising out of a
finding, order, decision, or assessment of a state regulatory
environmental commission from accruing in any court unless the
party has already filed a notice of appeal with the
Administrative Hearing Commission and received a final decision
from the environmental commission in accordance with these
provisions.

ENVIRONMENTAL PERMITS (Section 640.018)

In any case in which the Department of Natural Resources has not
issued a permit or made a permit decision by the expiration of a
statutorily required time frame, the permit must be issued as of
the first day following the expiration if all the necessary
information has been submitted for the application and the
department has had the information for the duration of the
required time frame.

All engineering plans, specifications, and designs prepared by a
registered professional engineer that are submitted to the
department as part of a permit application or modification must
include a statement that the plans, specifications, and designs
were prepared in accordance with all applicable requirements and
must be sealed by the registered professional engineer.  The
department must use the complete sealed plans, specifications,
and designs as submitted in addition to a permit application or
other relevant information, documents, and materials in
developing comments on the engineering submittals and in
determining whether to issue or deny a permit.  The review of
documents, plans, specifications, and designs sealed by a
registered professional engineer must be conducted by a
registered professional engineer or an engineering intern on
behalf of the department.

The department must designate a supervisory registered
professional engineer for permitting purposes in environmental
programs.  Any applicant receiving written comments on an
engineering submittal may request a determination from the
department's supervisory engineer as to a final disposition of
the department's comments.  The supervisory engineer must inform
the applicant of a preliminary decision within 15 days of the
request and must make a final determination within 30 days.

These requirements cannot be construed to require plans or other
submittals to the department that come under a general permit or
an application for a site specific permit to be prepared by a
registered professional engineer unless otherwise required by
state or federal law.

NOTIFICATION OF PUBLIC HEALTH RISKS (Section 640.128)

The Department of Natural Resources must immediately notify the
local public health authority and the Department of Health and
Senior Services if it receives water quality test results
voluntarily conducted and submitted by a permitted entity that
indicate a potential risk to public health.

CONSOLIDATION OF STATE SERVICES (Section 640.850)

The Governor must convene a committee consisting of
representatives from the departments of Agriculture,
Conservation, Economic Development, Health and Senior Services,
and Natural Resources to evaluate ways to consolidate services
with the goal of improving efficiency and reducing costs while
optimizing benefits to Missourians.  The committee must
specifically review the transfer of the Division of Energy from
the Department of Natural Resources to the Department of Economic
Development and the consolidation of laboratory testing for water
quality under the Department of Health and Senior Services and
must provide recommendations to the Governor and the General
Assembly by December 31, 2011.

ASBESTOS AND AIR QUALITY (Sections 643.020 - 643.080, 643.191,
643.225, 643.232, 643.237, and 643.240 - 643.250)

The bill:

(1)  Expands the citation range of statutes in Chapter 643 that
refer to the regulation of air quality and the responsibilities
of the Air Conservation Commission within the Department of
Natural Resources in numerous provisions and corrects a federal
law reference for asbestos requirements under United States
Occupational Safety and Health Administration (OSHA) regulations;

(2)  Authorizes the commission or its authorized representative
to enter upon any public or private property having material
information relevant to an air contaminant source.  Currently, it
may only enter upon public or private property which the
commission or department director has probable cause to believe
is an air contaminant source;

(3)  Adds renovation or demolition projects to the list of plans
that the commission has authority to require corrective measures
be taken to protect public health and the environment as it
relates to asbestos abatement;

(4)  Removes the option to complete an annual refresher course
that is accredited by the United States Environmental Protection
Agency (EPA) in order to qualify for a renewal of an
asbestos-related certificate.  Currently, an individual must
complete an annual course that is accredited by the EPA or the
State of Missouri;

(5)  Reduces, from 24 months to 12 months, the amount of time
after the expiration of a certificate in which an individual must
complete the annual refresher course or retake the original
training course;

(6)  Removes the provisions exempting certain individuals who are
subject to EPA and OSHA asbestos regulations from certain state
asbestos requirements for asbestos certification and registration
upon application to the department director and submitting a $250
fee;

(7)  Reduces, from at least 20 working days to at least 10
working days, the period of time that a person must submit an
application to the department in advance of an asbestos abatement
or demolition project.  The application must include a copy of an
asbestos inspection survey for the structure which includes, but
is not limited to, sample analysis results, quantities of
asbestos materials identified, and documentation that the
inspection was conducted by a certified asbestos inspector;

(8)  Removes the notification requirements for an asbestos
abatement project of a magnitude of less than 160 square feet or
260 linear feet but greater than 10 square feet or 16 linear
feet;

(9)  Requires the analysis of asbestos air samples to be
conducted according to EPA or OSHA standards.  Currently, the
analysis must be conducted according to OSHA standards;

(10)  Requires asbestos abatement projects of a magnitude of
greater than or equal to 160 square feet or 260 linear feet or 35
cubic feet or all regulated demolition projects to be subject to
inspection.  Currently, projects greater than or equal to 10
square feet or 16 linear feet must be inspected;

(11)  Removes the requirement that any civil penalty paid for
asbestos-related violations be deposited into the Natural
Resources Protection Fund - Air Pollution Asbestos Fee
Subaccount; and

(12)  Repeals provisions exempting state asbestos abatement
projects for single-family, owner-occupied dwellings, and vacant
public or privately owned residential buildings of four units or
less that are being demolished for public health, safety, or
welfare purposes from certain requirements.

JUDICIAL REVIEW OF CERTAIN ENVIRONMENTAL-RELATED DECISIONS
(Sections 643.130 and 644.071)

Any action seeking judicial review of a final decision made by
the Air Conservation Commission, the Clean Water Commission, or
the Director of the Department of Natural Resources must be filed
in a court of appeals instead of a circuit court.

CLEAN WATER NOTICE REQUIREMENTS AND FEES (Sections 644.036 and
644.054)

The bill removes the expiration date on the public notice
requirements of the Clean Water Commission within the Department
of Natural Resources when listing any impaired waters of the
state under Section 303(d) of the federal Clean Water Act.

The commission's authority to charge fees for construction
permits, operating permits, and operator's certifications related
to water pollution control is extended from December 31, 2010, to
September 1, 2013.

The department director must conduct a comprehensive review of
the water pollution fee structure including input from
stakeholders and submit a report to the General Assembly by
December 31, 2012, including the findings and a recommended plan
for the fee structure.  The plan must include timelines for
permit issuance, expedited permits, and recommendations for
improved services.

CLEAN WATER COMMISSION PERMITS AND APPEALS (Section 644.051)

The bill:

(1)  Allows a potential permit applicant to appeal the terms and
conditions of a water pollution control general permit template
to the Clean Water Commission within the Department of Natural
Resources within 30 days of the issuance of the template by the
department if the applicant can demonstrate that he or she is or
may be adversely affected by any term or condition of the permit;

(2)  Specifies that in matters heard by the commission, the
burden of proof is on the department or the commission that
issued the finding, order, decision, or assessment being appealed
except in a matter involving the denial of a permit, license, or
registration when the burden of proof is on the applicant;

(3)  Allows a permit to be modified, reissued, or terminated at
the request of the permit holder.  A request must be in writing
and contain facts or reasons in support of the request; and

(4)  Requires the department to implement permit shield
provisions that are equivalent to the provisions implemented
pursuant to federal law.

AFFORDABILITY DETERMINATIONS ON CERTAIN SANITARY SEWER OR
TREATMENT SYSTEMS (Section 644.145)

The Department of Natural Resources must make a determination
regarding the affordability to communities and their residents of
permit requirements and other department decisions related to
combined or separate sanitary sewer systems or publicly owned
treatment works when issuing permits under Chapter 644 or when
enforcing state or federal laws.  If the department fails to make
a determination, the proposed permit or decision will be void and
unenforceable.  The bill specifies the criteria that the
department must use in determining if a permit or decision is
affordable.  A department's finding may be appealed to the Clean
Water Commission.

PRIVATE SEPTIC SYSTEMS (Sections 701.033 and 701.058)

The Department of Health and Senior Services is authorized to
provide technical assistance and guidance to a local
administrative authority on the regulation and enforcement of
standards for individual on-site sewage disposal systems.  The
department may provide this assistance at the request of the
local government or in any case where the department determines
that its intervention is necessary to prevent a violation of
state law.

The departments of Natural Resources and Health and Senior
Services must jointly hold stakeholder meetings to gather data
and information regarding permits and inspections for on-site
sewage disposal systems and submit a report to the General
Assembly by December 31, 2011.

MISSOURI ENERGY TASK FORCE (Section 386.850)

The bill repeals the provisions requiring the Missouri Energy
Task Force within the Missouri Public Service Commission to
reconvene at least one time a year and issue a status report to
the Governor and General Assembly by December 31 of each year.

The provisions of the bill are nonseverable; and if any provision
is found to be invalid for any reason, the remaining provisions,
except for those regarding cleanfields renewable energy
demonstration projects, will be invalid.

The bill contains an emergency clause for the provisions
regarding state department transparency, county drinking water
supply lake authority, real-time bacterial water quality testing,
State Parks Earnings Fund, mining permits, cleanfields renewable
energy demonstration projects, environmental permits,
notification of public health risks, consolidation of state
services, judicial review of certain environmental-related
decisions, clean water notice requirements and fees, Clean Water
Commission permits and appeals, affordability determinations on
certain sanitary sewer or treatment systems, private septic
systems, and the Missouri Energy Task Force.

Missouri House of Representatives
96th General Assembly, 1st Regular Session
Last Updated August 9, 2011 at 1:13 pm