HCS SCS SB 54 -- RENEWABLE ENERGY AND ENVIRONMENTAL REGULATIONS

This bill changes the laws regarding renewable energy and
environmental regulations.  In its main provisions, the bill:

(1)  Establishes the Green Power Initiative which requires
electric companies to make a good faith effort to ensure that 4%
of total retail electric sales come from renewable energy
technologies by 2012, 8% by 2015, and 11% by 2020.  Renewable
energy technologies include wind, water, solar power, animal
wastes, and other technologies approved by the Department of
Natural Resources.  The Missouri Public Service Commission is
required by July 1, 2008, to develop standards for good faith
compliance by considering a variety of factors such as compliance
costs and technological feasibility.  Current renewable energy
produced from sources in operation prior to August 28, 2007, will
be allowed to count toward the initiative targets.  Reporting
requirements are established for electric companies until 2022,
and the commission is required to report to the General Assembly
every two years.  The Director of the Department of Economic
Development will report every two years on the economic impact of
the bill, and the Director of the Department of Natural Resources
will report on the environmental impact every two years;

(2)  Requires the Missouri Air Conservation Commission to
establish air pollutant emission fees for a three-year period
unless it is necessary to make an annual adjustment by rule;

(3)  Renames the Missouri Ethanol and Other Renewable Fuel
Sources Commission as the Missouri Alternative Fuels Commission,
increases its membership from seven to nine, and allows the
Governor to appoint five members instead of three.  The
commission's responsibilities are expanded to include different
renewable energy sources, and new duties are specified in the
bill;

(4)  Requires the Commissioner of the Office of Administration to
ensure that 70% of all new state vehicles are flexible fuel
vehicles that can use E-85 fuel;

(5)  Allows, beginning August 28, 2007, yard waste to be disposed
of in landfills that are approved as bioreactors by the
Department of Natural Resources and use the landfill gas produced
for the generation of electricity;

(6)  Establishes the Net Metering and Easy Connection Act to
replace the Consumer Clean Energy Act which is repealed.  All
utilities regulated by the Missouri Public Service Commission
will be required to provide net metering services to their
customers.  The utilities will pay for the meters and grant
credits for the production of renewable energy from customer
generators.  Rules governing the allocation of credits and
purchase of equipment, other net metering practices, required
reports, and legal liability are specified in the bill;

(7)  Increases, beginning August 28, 2007, the maximum surface
mining permit fees required under Section 444.772, RSMo, to $800
for a permit fee, $400 for a site fee, and $10 per acre with a
maximum of $3,000 for a per-acre fee.  The Land Reclamation
Commission may increase the fees up to $1,000 for a permit fee,
$400 for a site fee, and $20 for a per-acre fee;

(8)  Requires individuals engaged in surface mining to pay a
geologic resources fee in addition to the surface mining permit
fee which will be deposited into the Geologic Resources Fund.  A
person who mines less than 5,000 tons of gravel annually will not
have to pay the fee.  Beginning August 28, 2007, geological
resource fees will be $50 for a permit fee, $50 for a site fee,
and $6 for a per-acre fee.  Fees for each permit per site may not
exceed $100, and the department may assess a geological resources
fee for each acre up to $10.  The fees expire December 31, 2020.
Upon appropriation, moneys in the fund will be used to assist the
mineral industry.  An Industrial Minerals Advisory Council is
established, with its membership requirements and powers
specified;

(9)  Changes the penalty for the criminal disposition of more
than 2,000 pounds of demolition waste from a class A misdemeanor
to a class D felony.  Knowingly disposing of demolition waste on
property that one owns will be a class C misdemeanor unless
payment is received for allowing the disposal; in which case, the
penalty will be a class D felony.  Waste disposal for normal
farming and manufacturing operations is allowed if it does not
create a health threat or nuisance.  The penalty for the disposal
of more than 500 pounds of residential or commercial waste is
increased from a class A misdemeanor to a class D felony.  The
maximum civil penalty is increased from $1,000 to $5,000 per day
for a violation by a solid waste processing facility and from
$100 to $500 per day for the violation of an environmental
regulation governing waste disposal;

(10)  Establishes the Missouri Environmental Covenants Act which
allows for the removal of a site from the registry of hazardous
waste sites maintained by the department if it poses no current
threat of contamination and an environmental covenant is entered
into between the department and the holder who owns and controls
the site.  Holders may be individuals, businesses, political
subdivisions, and other types of legal entities.  An
environmental covenant may contain numerous requirements
including the department's inspection and regulation of the site
and the permissible uses of the site.  Procedures for the
creation, filing, implementation, and termination of an
environmental covenant are specified in the bill.  Environmental
covenants do not supersede prior interests in the land, but will
apply prospectively to many actions involving the site.  Certain
storage tanks are exempt from the provisions of the bill.  The
department must maintain a database of all environmental
covenants; and

(11)  Extends the period of time by five years during which
annual adjustments cannot be made to the per-ton fee required to
be remitted to the Department of Natural Resources by operators
of solid waste sanitary landfills and transfer stations except
when needed to fund the operating costs of the department.  The
bill also extends for the same time period the requirement that
any annual adjustment made to the fee will not exceed the
percentage increase of the federal Consumer Price Index for all
urban consumers.

The bill becomes effective January 1, 2008.

Missouri House of Representatives
94th General Assembly, 1st Regular Session
Last Updated July 25, 2007 at 11:21 am