HB 295 -- Environmental Rules

Co-Sponsors:  Sander, Stevenson, Townley, Hunter, Wilson (130)

This bill requires all rules promulgated by the Department of
Natural Resources, the Hazardous Waste Management Commission, the
State Soil and Water Districts Commission, the Petroleum Storage
Tank Insurance Fund Board, the Land Reclamation Commission, the
Safe Drinking Water Commission, the Air Conservation Commission,
and the Clean Water Commission to be based on sound scientific
evidence.  The department must also prepare a risk assessment and
a cost-benefit analysis for all proposed rules.  Assessments and
analyses must be based on objective scientific standards and
evidence, made available for public comment on the Internet for
at least 60 days, and filed with the Joint Committee on
Administrative Rules.  Anyone may submit an independent risk
assessment or cost benefit analysis for a proposed rule or
covered action to the department or the appropriate commission
for consideration and inclusion in the record.

If the department does not conduct the risk assessment and the
cost-benefit analysis, the proposed rule is invalid unless the
director determines that immediate action is necessary to protect
public health and welfare.  The director must justify this action
in writing, and the department must complete an assessment and
analysis within 45 days after the rule is adopted.

The bill also:

(1)  Places the burden of proof on the department and its
commissions to prove that a rule is necessary to prevent specific
circumstances or conditions that harm human health and the
environment;

(2)  Requires the department and its commissions to clearly state
the reason for permit denials; and

(3)  Repeals the provision that allows affected parties to appeal
decisions of the director of the department to the appropriate
board or commission.

Missouri House of Representatives
Last Updated July 25, 2003 at 10:11 am