HS HCS HB 1650 -- WATER RESOURCES (Hoppe)

This substitute makes several changes regarding water resources.

PUBLIC WATER DISTRICTS

The substitute allows the petition for the formation of a public
water supply district to become final and conclusive if the
circuit court determines that the petition has been signed by at
least two-thirds of the registered voters within the boundaries
of the proposed district.  Under current law, the petition must
have voter approval before becoming final and conclusive.

The substitute also requires the petition publication notice to
be published for three weeks in a weekly or daily newspaper.  As
an alternative to newspaper publication, the notice of the filing
of the petition may be given by certified mail to all property
owners within the proposed boundaries of the district.  Under
current law, the notice must be published for three weeks in a
weekly paper or in 20 successive issues of a daily newspaper.

WATERSHED DISTRICTS

The substitute allows any county that has not adopted an annual
watershed district tax that is within a watershed subdistrict to
detach from the subdistrict.  Detachment from the subdistrict
must be approved by a majority of the landowners in the county.
The detachment must take place before an annual tax is adopted.
The watershed district trustees must make arrangements for the
county to pay any outstanding indebtedness for services or works
of improvement before the detachment.  Watershed district
trustees must certify the separation with the recorder of deeds
in each county in which the subdistrict lies and with the State
Soil and Water Commission.

PUBLIC WATER AND SEWER DISTRICTS

Under current law, any sewer district may enter a joint contract
to form a joint municipal utilities commission.  The substitute
restricts this power to public sewer districts.

RURAL WATER GRANTS

Currently, no public water supply district, sewer district, or
any rural community water and sewer system is allowed to receive
more than one grant in a two-year period.  The substitute allows
a grant for a water supply or sewer district construction project
and a grant for a source water protection project to be awarded
in any two-year period.

WATER POLLUTION BONDS

In addition to amounts authorized prior to August 28, 2003, the
substitute authorizes the Board of Fund Commissioners to issue
bonds for grants and loans pursuant to several sections of
Article III of the Missouri Constitution.  The authorizations are
for:

(1)  $10 million of bonds for water pollution control, drinking
water system improvements, and storm water control pursuant to
Section 37(e);

(2)  $10 million of bonds for rural water and sewer projects
pursuant to Section 37(g); and

(3)  $20 million of bonds for storm water control plans, studies,
and projects in first classification counties and the City of St.
Louis pursuant to Section 37(h).

OPEN MEETINGS AND RECORDS

The substitute makes the closed record provision of state law
apply to the portions of documents detailing plans or proposals
for protection from and response to domestic terrorism, including
protection and response plans relating to potential contamination
of reservoirs, water supplies, or sewers and protection and
response plans relating to the damaging of electric and gas
utilities.  The closed record provision does not apply when the
document is related to the costs budgeted and expended to protect
the structures, water supplies, sewers, or utilities.

CLEAN WATER COMMISSION

The substitute also requires the Clean Water Commission to
develop a general permit for the operation of aquaculture
facilities, with annual fees capped at $250.  In developing the
permit, the Department of Natural Resources will meet with
applicants and the public to evaluate permit requirements and
potential impacts on water quality and will conduct public
hearings if requested.  Facility operators that materially
violate general permit requirements may be required to obtain a
site-specific permit.

The substitute contains an emergency clause.

FISCAL NOTE:  Estimated Net Cost to General Revenue Fund of $0 in
FY 2003, $0 in FY 2004, and $1,289,158 in FY 2005.  Estimated Net
Cost to Water Pollution Control Fund of $0 in FY 2003, $0 in FY
2004, and $150,000 in FY 2005.

Missouri House of Representatives
Last Updated October 11, 2002 at 9:02 am