CCS#2 SS SCS HB 453 -- ENVIRONMENT AND COMMERCE

This bill makes numerous changes to laws regarding the
environment and commerce.

SURFACE MINING

(1)  PERMIT FEES -- Current law establishes annual fees for most
surface mining permits at $350 plus $40 for each individual site
mined during the year.  There is also a fee of $35 per acre when
a permit application is originally filed.  The Land Reclamation
Commission may increase the basic annual fee to $500.  Gravel
mine operators removing less than 5,000 tons per year pay $100
plus $35 per acre annually.  The bill allows the commission to
establish fees that recover costs of administration and
enforcement, with a basic annual fee cap of $600 and additional
annual fees of no more than $10 per acre and $300 per site.  The
fee for each acre over 100 is reduced by 50%, and the site fee
is reduced by 50% if mining occurs for less than 6 months of the
year.  Total annual fees for each permit are capped at $2,500.
Gravel mine operators removing less than 5,000 tons per year pay
$300 annually.  All fees expire on December 31, 2007.

(2)  PUBLIC NOTICE REQUIREMENTS -- Under current law, applicants
for surface mining permits are required to publish a notice in a
newspaper of general circulation in the local area, interested
parties may submit written comments to the Department of Natural
Resources or request a public hearing for 15 days after the
application is filed, and the department must forward a
recommendation on the permit to the commission by the end of the
public comment period.  The bill requires applicants to publish
a notice once a week for 4 weeks, beginning no more than 10 days
after the application is complete.  Applicants are also required
to notify by certified mail the local governing body and owners
of property adjacent to the proposed surface mine.  Interested
parties may submit written comments to the department or request
a public meeting or a formal hearing for up to 15 days after the
end of the public notice period.

The department must forward its recommendation on the permit to
the commission within 4 weeks after the end of the public notice
period.  If a public meeting was requested and the applicant
agrees, the department and applicant will conduct the meeting
within 30 days after the end of the comment period, and the
department will make a recommendation to the commission within
30 days after the meeting.  If issues are not resolved at the
public meeting and a formal public hearing is requested, the
commission may conduct a hearing.  The commission may deny the
permit if there is substantial evidence that the applicant has a
reasonable likelihood of noncompliance or that mine operations
will impair the health, safety, or livelihood of an interested
party.

(3)  RECLAMATION STANDARDS -- Currently, surface mine operators
must begin reclamation as soon as possible after commencement of
mining and, after their permit expires, complete grading within
12 months and seeding and planting within 24 months.  The bill
requires operators to begin reclamation as soon as possible
after completion of mining in a portion of their permitted area
and to complete grading within 12 months and seeding and
planting within 24 months.  The department may require erosion
control measures on overburden stockpiles if the erosion is
causing damage outside the permitted area.  Grading and
replacing topsoil may not be required in rugged areas intended
for wildlife habitat or in areas reclaimed for industrial use.
To reclaim land mined previously as a substitute for reclaiming
currently mined land, operators must submit a plan and provide
written permission of the landowner.

AIR EMISSIONS BANKING AND TRADING

The bill requires the Air Conservation Commission to establish
an air emissions banking and trading program.  The Department of
Natural Resources will certify and bank credits for reductions
in air emissions that exceed state and federal requirements.
Banked credits may be used, traded, or sold, as long as there
are no resulting adverse impacts on air quality.  In
nonattainment areas, the bank of credits will be reduced
annually by 3%, and net reductions below federally approved
permit conditions may be transferred to offset the construction
of new emissions sources.

BIODIESEL FUEL

For school years 2002-2003 to 2005-2006, the bill allows school
districts to establish contracts with nonprofit, farmer-owned
new generation cooperatives to supply bus fuel containing at
least 20% biodiesel.  Districts that establish contracts will
receive additional state transportation aid for costs above the
market price for regular diesel fuel.  Initial statewide
payments are capped at 0.7% of the 1998-1999 entitlement for
state transportation aid, but may be increased by 4% each year.

The bill also establishes a program to bank and sell federal
Energy Policy Act credits generated by state agencies.  Revenue
from sale of credits is used to pay for state vehicle biodiesel
fuel costs above the market price for regular diesel fuel.  The
Department of Natural Resources will conduct a study on the use
of alternative fuels in motor vehicles in the state and report
its findings to the General Assembly by January 1, 2002.

PETROLEUM STORAGE TANK INSURANCE FUND

The bill extends the Petroleum Storage Tank Insurance Fund
expiration date from December 31, 2003, to December 31, 2010.
The bill also increases the maximum surcharge assessed on each
petroleum transport load from $25 to $60.  The fund's board may
adjust the surcharge after 60 days notice and an opportunity for
public comment, but may not increase the charge more than $15 in
any year.  If the fund's balance exceeds its liabilities by 10%,
the surcharge reverts to $25 per load 2 months later.  Anyone
who claims to have paid the surcharge in error may file a refund
claim with the board within 3 years after the payment.  Anyone
aggrieved by the board's decision may seek judicial review
within 60 days.

Tank owners and operators are allowed to continue participating
in the fund after transferring their property to another party.
The fund's board must commission an independent financial audit
annually and an actuarial analysis biennially and make the
findings available to the public.

OTHER PROVISIONS

The bill also:

(1)  Extends the expiration date on fees for the Missouri
Emergency Response Commission from August 28, 2002, to August
28, 2012;

(2)  Requires the Department of Natural Resources to certify,
without conditions, any federal Clean Water Act Section 404
nationwide permit for the construction of highways and bridges
approved by the Missouri Department of Transportation;

(3)  Extends the expiration date on the $5 fees collected by the
Secretary of State for the Technology Trust Fund from December
31, 2001, to December 31, 2009;

(4)  Expands acceptable methods for electronic storage of
business and public records to include computer-generated
electronic or digital retrieval systems;

(5)  Establishes a committee within the Department of Economic
Development to advise state agencies on issues related to
electronic commerce.  The 13 members of the committee include
the directors of the departments of Economic Development,
Revenue, and Labor and Industrial Relations; the Secretary of
State; the Chief Information Officer of the Office of
Technology; 7 members of the business community and one member
of the general public appointed by the Director of the
Department of Economic Development.  Members serve 2-year terms
without compensation;

(6)  For new motorcycle or bicycle manufacturing facilities,
broadens the class of employees that can be counted to fulfill
residency requirements for enterprise zone tax credits and
exemptions;

(7)  Allows operators of self-service storage facilities to
impose reasonable late fees for each month that occupants do not
pay rent when due, as long as the late fee is specified in the
rental agreement.  Operators can also recover all reasonable
rent collection and lien enforcement expenses from occupants; and

(8)  Effective July 1, 2005, exempts manufacturers and
distributors of nonalcoholic beverages from state health laws if
they meet applicable federal Food and Drug Administration
regulations.

Missouri House of Representatives
Last Updated November 26, 2001 at 11:44 am