HCS SCS SB 907 -- REAL PROPERTY TRANSFERS AND PETROLEUM STORAGE
TANKS

This bill changes the laws regarding real property transfers and
petroleum fuel storage tanks.  In its main provisions, the bill:

(1)  Prohibits water and sewer line easements from being
considered as transfers of title of real property to counties.
Therefore, these easements will not need to be proved or
acknowledged to be valid if authorized for recording by the
county commission;

(2)  Specifies that the Petroleum Storage Tank Insurance Fund
board of trustees is a type III agency and must appoint an
executive director and other employees as needed;

(3)  Extends the expiration date of the fund to December 31,
2020, increases the maximum per-tank fees collected by the fund
from $300 to $500 with the option of requiring new applicants to
conduct site assessments prior to participating in the fund and
to pay a surcharge per tank for each year that the tank was
eligible for coverage by the fund, and transfers the board of
trustees of the fund from the Department of Natural Resources to
the Office of Administration;

(4)  Allows any interested party to serve on the advisory
committee for the fund and changes the committee's time period
reporting requirement to the General Assembly on the status of
private insurance for fuel storage from annually to every two
years;

(5)  Specifies that the total liability of the fund for all
cleanup costs, property damage, and bodily injury is $1 million
per occurrence or $2 million in aggregate per year;

(6)  Specifies that after December 31, 2017, the current legal
owner of a storage tank that was taken out of use prior to
December 31, 1997, will be responsible for any corrective action
due to a leak;

(7)  Prohibits the transfer of petroleum to tanks unless spill
prevention, overfill protection, leak detection, and other types
of equipment are installed on tanks and requires the Department
of Natural Resources to red flag tanks that are ineligible to
receive petroleum.  The department must notify an owner in
writing within 14 days of tagging a tank and must remove a tag
upon a satisfactory resolution of the problem.  The department is
required to conduct an inspection in order to determine if a tag
may be removed within 24 hours of the receipt of a notice that
the problem has been corrected or the tank owner may remove the
tag and resume operations.  An appeal of the department's
decision may be made to the Administrative Hearing Commission or
to the appropriate circuit court;

(8)  Requires, beginning December 31, 2010, owners of aboveground
storage tanks to participate in the fund or to maintain insurance
for spills in the amount of at least $1 million per spill and $2
million in aggregate;

(9)  Specifies that it is the public policy of the state to
prohibit gasoline and diesel motor fuel in a retail sale
transaction from being dispensed by any measuring device or
equipment not approved by the Department of Agriculture or the
National Type Evaluation Program; and

(10)  Specifies that any transfer fee, declaration, or covenant
which requires the payment of a fee to a specific person upon the
transfer of real estate will not be binding on or enforceable
against any subsequent owner, purchaser, or mortgagee of any
interest in real property.  Any lien claiming to secure the
payment of a transfer fee under a transfer fee covenant recorded
in Missouri on or after September 1, 2008, will be void and
unenforceable.

Missouri House of Representatives
94th General Assembly, 2nd Regular Session
Last Updated October 15, 2008 at 3:12 pm