SB 0160

Allows water bonds, revises water and sewer laws and amends St. Louis Boundary Commission

Sponsor:	Maxwell
LR Number:	L0633.13T	Fiscal Note:	0633-13
Committee:	Commerce and Environment
Last Action:	06/14/99 - Signed by Governor (w/EC)		Journal page:
Title:	HCS SS SCS SBs 160 & 82
Effective Date:	August 28, 1999

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HS/HCS/SS/SCS/SBs 160 & 82 - 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 644.566 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. This section also clarifies that the additional $15 million of indebtedness authorized pursuant to section 644.509, RSMo, shall remain authorized following the revision of Article III, section 37(e) in November 1998. Section 644.509, RSMo, was enacted in 1998 based on amounts authorized prior to Aug. 28, 1998.

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 CCS/SS/SCS/HS/HB 450.

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, 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 CCS/SS/SCS/HS/HB 450.

MUNICIPAL WATER SERVICE IN CERTAIN COUNTIES - The 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.

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 an approved storm-water control plan, which may include a plan acceptable to the United States Army Corps of Engineers and approved by the Commission.

This portion of the act is similar to SB 395.

Similar provisions are contained in the TAT version of CCS/SS/SCS/HS/HB 450.

GRANTS FOR WATER SUPPLY AND SEWER SYSTEMS - The act expands the allowed uses of grants provided pursuant to Sections 640.600 to 640.620, RSMo, to water supply districts, sewer districts and rural community water and sewer systems to include source water protection treatment, subject to certain requirements specified in the act.

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. The act allows joint utility commissions to seek voter approval of revenue bonds for sewer service.

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 CCS/SS/SCS/HS/HB 450.

Similar provisions are contained in the TAT version of CCS/SS/SCS/HS/HB 450.

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.

BACKFLOW PREVENTION ASSEMBLY TESTERS - The Department of Natural Resources currently certifies backflow prevention assembly testers, and state certification shall satisfy all local certification requirements. The act provides that political subdivisions may establish additional requirements for the protection and integrity of the systems that require installation of a backflow device to protect water supplies, and backflow prevention assembly testers must meet these requirements to practice that trade in any political subdivision which has such requirements.

NONPROFIT WATER COMPANIES - This act permits the organization of nonprofit, membership water corporations, in substantially the same manner as is provided for the organization of nonprofit sewer companies pursuant to Chapter 393, RSMo, and for the organization of electric cooperatives pursuant to Chapter 394, RSMo. The act describes incorporation and dissolution procedures, and requires filings with the Office of the Secretary of State. Membership and board of directors requirements and duties are established. An insurance claim against a nonprofit water company is not barred by dissolution of the nonprofit water company and may be asserted within the time otherwise allowed by law.

This portion of the act is similar to HB 706 from 1999.

Similar provisions are contained in the TAT version of CCS/SS/SCS/HS/HB 450.

ST. LOUIS BOUNDARY COMMISSION - The act makes the following changes pertaining to the St. Louis Boundary Commission:

(1) Expands the conflict of interest provision on Commission members and employees to include contractors.

(2) Clarifies that the county or municipality can bring suit against the Commission in Section 72.416.

(3) Adds the definition of "established unincorporated area".

(4) Deletes the definition of "simplified boundary change".

(5) Under Section 72.401, all boundary changes are postponed for 120 days after the effective date of this act. The act also abolishes the current Boundary Commission and creates a new Commission, redistributing the powers of appointment to municipalities of varying populations, the county municipal league and adding certain residential requirements, but still with 11 members.

(6) Section 72.403 is changed to place a moratorium on boundary changes until April 15, 2000, except for consolidations. An exception is created for Bel-Ridge to continue its pending annexation, if its initial public hearing is held prior to July 1, 1999. The section also adds the county and affected municipalities as parties to the public hearing on boundary change proposals. The act changes one of the factors considered in a boundary change from "ability to accommodate the orderly incorporation" to "creation of logical and reasonable municipal boundaries".

(7) Section 72.405 adds the restriction to a simplified boundary change that it can only apply to predominately residential areas with at least a one house per three acre average. This section also expands transfers of jurisdiction to include county-municipal transfers. The act allows deferral of final action on a boundary change to allow introduction of a new proposal when introduced by persons in a overlap area and such persons are a greater proportion of the area.

(8) A requirement that the Commission determine whether an "unincorporated pocket" will have difficulty being served by the county due to its isolation is added in Section 72.407.

(9) Section 72.410 is deleted. It previously required votes of both the petitioning area and receiving municipality if the petition was signed by 75% of owners.

(10) The duty of the Commission to issue reports on certain financial matters is deleted. Current law would still make the records public, but the Commission would not have to prepare a report sent out to specified agencies. The Commission is required to provide by rule a $1 charge per resident of a proposed annexation to defray Commission costs.

(11) The sunset provision of Section 72.418 is removed. The Section restricts newly formed cities from establishing a fire department where such service is already provided by a fire district.

(12) Numerous changes are made to the unincorporated area law, section 72.422. The county must now bring the petition, instead of individuals. The Commission must publish notice of the proposal, hold a public hearing and issue findings. Provisions giving a petition to remain unincorporated priority over other proposals is deleted. Factors to be considered by Commission in an unincorporated area proposal are included.

(13) Section 20 establishes a 5 year planning cycle. This limits boundary change proposals, but not consolidations, if the proposal has not been included in a previously submitted map plan review. Procedures for submissions of maps and plans are included.

(14) Section 72.424 allows for certain landowners that have property overlapping Wildwood and Eureka to choose which municipality to join. The owner's choice requires agreement by ordinance with the receiving city. The choice becomes effective January 1, with this section expiring March 1, 2000. This provision is similar to SCS/HCS/HB 389.

GENERAL ANNEXATION PROCEDURES - "Common interest communities" (condominiums, cooperatives or planned communities, etc) are added to the current law allowing certain areas to request annexation. Definitions are included and the procedure remains the same.

The act adds to the current requirement that publication of an annexation hearing be in a newspaper of general circulation qualified to publish legal matters. The added requirement is that the newspaper be located within the boundaries of the petitioned city, town, or village. If no such newspaper exists, then it must be printed in the newspaper nearest the petitioned political subdivision.

The act also allows any city along a road or highway within 2 miles of Moberly Correctional Center to annex the center.

In Section 71.015, current annexation procedures are changed to allow the court filing to occur after a vote of annexation. The governing body still must first hold a hearing, but may reduce annexation court filings should the vote be taken before the governing body files the petition. Current law requires the vote to be taken after the governing body approves of annexation, and files a court petition seeking annexation.

FIRE SERVICE - Current law, Section 321.322, requires a city with a population ranging from 2,500 to 40,000 with an overlapping fire district and fire department to contract with a fire protection district to take over property in a portion of the district which is annexed to the city. The act expands this provision to apply to cities within a population range of 2,500 to 50,000. This provision is similar to SCS/HCS/HB 389.

BUILDING CODES IN CERTAIN COUNTIES - Certain first classification counties, currently including Jefferson County, are authorized to adopt building codes.

The act contains an emergency clause for the portion pertaining to water service lateral lines.
OTTO FAJEN