Funding for programs administered by the department of natural resources

1620S.04F

SENATE SUBSTITUTE

FOR

HOUSE COMMITTEE SUBSTITUTE

FOR

HOUSE BILL NO. 661

AN ACT

To repeal sections 260.273, 260.275, 260.276, 640.107, 640.150, 644.036, 644.054, and 644.101, RSMo, and to enact in lieu thereof seventeen new sections relating to programs administered by the department of natural resources, with an emergency clause for certain sections.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, AS FOLLOWS:

Section A. Sections 260.273, 260.275, 260.276, 640.107, 640.150, 644.036, 644.054, and 644.101, RSMo, are repealed and seventeen new sections enacted in lieu thereof, to be known as sections 260.273, 260.275, 260.276, 260.1250, 260.1253, 260.1256, 260.1259, 260.1262, 260.1265, 260.1268, 260.1271, 640.107, 640.150, 640.160, 644.036, 644.054, and 644.101, to read as follows:

260.273. 1. Any person purchasing a new tire may present to the seller the used tire or remains of such used tire for which the new tire purchased is to replace.

2. A fee for each new tire sold at retail shall be imposed on any person engaging in the business of making retail sales of new tires within this state. The fee shall be charged by the retailer to the person who purchases a tire for use and not for resale. Such fee shall be imposed at the rate of fifty cents for each new tire sold. Such fee shall be added to the total cost to the purchaser at retail after all applicable sales taxes on the tires have been computed. The fee imposed, less six percent of fees collected, which shall be retained by the tire retailer as collection costs, shall be paid to the department of revenue in the form and manner required by the department of revenue and shall include the total number of new tires sold during the preceding month. The department of revenue shall promulgate rules and regulations necessary to administer the fee collection and enforcement. The terms "sold at retail" and "retail sales" do not include the sale of new tires to a person solely for the purpose of resale, if the subsequent retail sale in this state is to the ultimate consumer and is subject to the fee.

3. The department of revenue shall administer, collect and enforce the fee authorized pursuant to this section pursuant to the same procedures used in the administration, collection and enforcement of the general state sales and use tax imposed pursuant to chapter 144, RSMo, except as provided in this section. The proceeds of the new tire fee, less four percent of the proceeds, which shall be retained by the department of revenue as collection costs, shall be transferred by the department of revenue into an appropriate subaccount of the solid waste management fund, created pursuant to section 260.330.

4. Up to five percent of the revenue available may be allocated, upon appropriation, to the department of natural resources to be used cooperatively with the department of elementary and secondary education for the purposes of developing environmental educational materials, programs, and curriculum [pursuant to section 260.342] that assist in the department's implementation of sections 260.200 to 260.345.

5. Up to [twenty-five] fifty percent of the moneys received pursuant to this section may, upon appropriation, be used to administer the programs imposed by this section. Up to [five] forty-five percent of the moneys received under this section may, upon appropriation, be used for the grants authorized in subdivision (2) of subsection 6 of this section [and authorized in section 260.274]. All remaining moneys shall be allocated, upon appropriation, for the projects authorized in section 260.276, except that any unencumbered moneys may be used for public health, environmental, and safety projects in response to environmental or public health emergencies and threats as determined by the director.

6. The department shall promulgate, by rule, a statewide plan for the use of moneys received pursuant to this section to accomplish the following:

(1) Removal of waste tires from illegal tire dumps;

(2) Providing grants to persons that will use products derived from waste tires, or used waste tires as a fuel or fuel supplement; and

(3) Resource recovery activities conducted by the department pursuant to section 260.276.

7. The fee imposed in subsection 2 of this section shall begin the first day of the month which falls at least thirty days but no more than sixty days immediately following August 28, 2005, and shall terminate January 1, [2010] 2015.

[8. By January 1, 2009, the department shall report to the general assembly a complete accounting of the tire cleanups completed or in progress, the cost of the cleanups, the number of tires remaining, the balance of the fund, and enforcement actions completed or initiated to address waste tires.]

260.275. 1. Each operator of a scrap tire site shall ensure that the area is properly closed upon cessation of operations. The department of natural resources may require that a closure plan be submitted with the application for a permit. The closure plan, as approved by the department, shall include at least the following:

(1) A description of how and when the area will be closed;

(2) The method of final disposition of any scrap tires remaining on the site at the time notice of closure is given to the department.

2. The operator shall notify the department at least ninety days prior to the date he expects closure to begin. No scrap tires may be received by the scrap tire site after the date closure is to begin.

3. The permittee shall provide a financial assurance instrument in such an amount and form as prescribed by the department to ensure that, upon abandonment, cessation or interruption of the operation of the site, an approved closure plan is completed. The amount of the financial assurance instrument shall be based upon the current costs of similar cleanups using data from actual scrap tire cleanup project bids received by the department to remediate scrap tire sites of similar size. If scrap tires are accumulated at a solid [scrap management] waste disposal area, the existing closure financial assurance instrument filed for the solid [scrap] waste disposal area may be applied to the requirements of this section. Any interest that accrues to any financial assurance instrument established pursuant to this section shall remain with that instrument and shall be applied against the operator's obligation under this section until the instrument is released by the department. The director shall authorize the release of the financial assurance instrument after the department has been notified by the operator that the site has been closed, and after inspection, the department approves closure of the scrap tire site.

4. If the operator of a scrap tire site fails to properly implement the closure plan, the director shall order the operator to implement such plan, and take other steps necessary to assure the proper closure of the site pursuant to section 260.228 and this section.

5. A coal-fired electric generating facility that burns tire-derived fuel shall not be considered a scrap tire site or solid waste disposal area.

260.276. 1. The department of natural resources shall, subject to appropriation, conduct resource recovery or nuisance abatement activities designed to reduce the volume of scrap tires or alleviate any nuisance condition at any site if the owner or operator of such a site fails to comply with the rules and regulations authorized under section 260.270, or if the site is in continued violation of such rules and regulations. The department shall give first priority to cleanup of sites owned by persons who present satisfactory evidence that such persons were not responsible for the creation of the nuisance conditions or any violations of section 260.270 at the site.

2. The department may ask the attorney general to initiate a civil action to recover from any persons responsible the reasonable and necessary costs incurred by the department for its nuisance abatement activities and its legal expenses related to the abatement; except that in no case shall the attorney general seek to recover cleanup costs from the owner of the property if such person presents satisfactory evidence that such person was not responsible for the creation of the nuisance condition or any violation of section 260.270 at the site.

3. The department shall allow any person, firm, corporation, state agency, charitable, fraternal, or other nonprofit organization to bid on a contract for each resource recovery or nuisance abatement activity authorized under this section. The contract shall specify the cost per tire for delivery to a registered scrap tire processing or end-user facility, and the cost per tire for processing. The recipient or recipients of any contract shall not be compensated by the department for the cost of delivery and the cost of processing for each tire until such tire is delivered to a registered scrap tire processing or end-user facility and the contract recipient has provided proof of delivery to the department. [Any charitable, fraternal, or other nonprofit organization which voluntarily cleans up land or water resources may turn in scrap tires collected in the course of such cleanup under the rules and regulations of the department.]

4. Subject to the availability of funds, any charitable, fraternal, or other nonprofit organization which voluntarily cleans up land or water resources may be eligible for reimbursement for the disposal costs of scrap tires collected in the course of such cleanup under the rules and regulations of the department. Also, subject to the availability of funds, any municipal or county government which voluntarily cleans up scrap tires from illegal dumps, not incidental to normal governmental activities or resulting from tire collection events, may also be eligible for reimbursement for the disposal costs of scrap tires collected in the course of such cleanup under the rules and regulations of the department.

260.1250. 1. Sections 260.1250 to 260.1271 shall be known and may be cited as the "Television Electronic Recycling Act". The purpose of sections 260.1250 to 260.1271 is to establish a comprehensive and convenient television recycling and reuse program based on shared responsibility among all stakeholders, including manufacturers, consumers, retailers, and government. The purposes of this recovery system are to ensure that end-of-life televisions are responsibly retired or recycled to promote resource conservation through the development of an effective and efficient system for recycling such products, and to require manufacturers to offer such service to consumers with convenience.

2. For purposes of sections 260.1250 to 260.1271, the following terms shall mean:

(1) "Brand", symbols, words, or marks that identify a covered television, rather than any of its components;

(2) "Covered television", a television, but does not include any of the following:

(a) An electronic device that is a part of a motor vehicle or any component part of a motor vehicle assembled by, or for, a vehicle manufacturer or franchised dealer, including replacement parts for use in a motor vehicle;

(b) An electronic device that is functionally or physically a part of, or connected to, or integrated within equipment or a system designed and intended for use in an industrial, governmental, commercial, research and development, or medical setting, including but not limited to diagnostic, monitoring, control, or medical products, as defined under the Federal Food, Drug, and Cosmetic Act, or equipment used for security, sensing, monitoring, anti-terrorism, emergency services purposes, or equipment designed and intended primarily for use by professional users;

(c) An electronic device that is contained within a clothes washer, clothes dryer, refrigerator, refrigerator and freezer, microwave oven, conventional oven or range, dishwasher, room air conditioner, dehumidifier, air purifier, or exercise equipment;

(d) Telephones of any type, including mobile phones;

(e) A personal digital assistant (PDA); and

(f) Global positioning systems (GPS);

(3) "Department", the department of natural resources;

(4) "Household", any occupant of a single detached dwelling unit or a single unit of a multiple dwelling unit who has used a covered television primarily for personal or home business use;

(5) "Market share", a television manufacturer's obligation to recycle discarded televisions. A television manufacturer's market share is the television manufacturer's prior year's sales of televisions, by weight, as calculated by the department divided by all manufacturers' prior year's sales for all televisions, by weight, as calculated by the department. Market share may be expressed as a percentage, a fraction, or a decimal fraction;

(6) "Person", means any individual, business entity, partnership, limited liability company, corporation, not-for-profit corporation, association, governmental entity, public benefit corporation, or public authority;

(7) "Program year", a full calendar year beginning on or after January 1, 2011;

(8) "Recover", to reuse or recycle;

(9) "Recoverer", a person or entity that reuses or recycles;

(10) "Recycle", processing, including disassembling, dismantling, and shredding, covered electronic devices or their components to recover a useable product. This term does not include any process defined as incineration under applicable laws and regulations;

(11) "Retailer", a person who owns or operates a business that sells covered televisions directly to a consumer, including through sales outlets, catalogs, or the Internet, whether or not the seller has a physical presence in this state;

(12) "Sell", "offer for sale", or "sale", any transfer for consideration of title including, but not limited to, transactions conducted through sales outlets, catalogs, or the Internet or any other similar electronic means, but does not mean financing or leasing;

(13) "Television", any electronic device that contains a tuner that locks on to a selected carrier frequency and is capable of receiving and displaying of television or video programming via broadcast, cable, or satellite, including, without limitation, any direct view or projection television with a viewable screen of nine inches or larger whose display technology is based on cathode ray tube (CRT), plasma, liquid crystal (LCD), digital light processing (DLP), liquid crystal on silicon (LCOS), silicon crystal reflective display (SXRD), light emitting diode (LED), or similar technology marketed and intended for use by a household. This term does not include a computer, computer printer, computer monitor, or portable computer;

(14) "Television manufacturer", a person who:

(a) Manufactures for sale in this state covered televisions under a brand that it licenses or owns;

(b) Manufactures for sale in this state covered televisions without affixing a brand;

(c) Resells into this state a covered television under a brand it owns or is licensed to use produced by other suppliers, including retail establishments that sell covered televisions under a brand the retailer owns or licenses;

(d) Imports into the United States or exports from the United States a covered television for sale in this state;

(e) Sells at retail a covered television acquired from an importer that is the manufacturer as described in paragraph (d) of this subdivision, and elects to register in lieu of the importer as the manufacturer for those products;

(f) Manufactures covered televisions, supplies them to any person or persons within a distribution network that includes wholesalers or retailers in this state, and benefits from the sale in this state of those covered television through such distribution network; or

(g) Assumes the responsibilities and obligations of a television manufacturer under this section. In the event the television manufacturer is one who manufactures, sells, or resells under a brand it licenses, the licensor or brand owner of such brand shall not be included in the definition of television manufacturer under paragraphs (a) or (b) of this subdivision.

3. The recovery provisions of sections 260.1250 to 260.1271 apply to covered televisions used and returned by consumers in this state.

260.1253. 1. No television manufacturer shall sell or offer for sale a covered television in this state unless the television manufacturer includes the television manufacturer's name and brand, whether owned or licensed, on the covered television.

2. By January 1, 2011, each television manufacturer, before selling or offering for sale covered televisions in the state, shall register with the department. Thereafter, if a television manufacturer has not previously registered, the television manufacturer shall register with the department prior to any offer for sale for delivery in this state of the television manufacturer's new covered televisions. The department may prescribe rules for registration updates.

3. The registration and any subsequent updates shall include a list of all of the brands the television manufacturer is using on covered televisions, regardless of whether it owns or licenses the brands, and shall be effective on the second day of the succeeding month after receipt by the department of the registration or update.

4. A television manufacturer shall provide the department with contact information for the television manufacturer's designated agent or employee whom the department may contact for information related to the television manufacturer's compliance with the requirements of this section.

5. The obligation to recycle covered televisions shall be allocated to each television manufacturer based on the television manufacturer's market share multiplied by the total pounds of covered televisions recycled by all television manufacturers during the previous program year. Beginning in program year 2011, a television manufacturer shall annually recycle or arrange for the recycling of covered televisions. Beginning in the program year 2012, a television manufacturer shall annually recycle or arrange for the recycling of its market share of covered televisions, as calculated by the department.

6. A television manufacturer may fulfill the requirements of this section either individually or in participation with other television manufacturers.

7. A television manufacturer shall report to the department by January 31, 2012, and annually thereafter, the total weight of covered televisions the manufacturer collected in the state and recycled during the previous year.

260.1256. 1. Beginning January 1, 2011, a retailer shall not sell or offer to sell any covered television in this state unless a visible, permanent label clearly identifying the manufacturer of that device is affixed to the equipment and the television manufacturer has registered with the state.

2. Beginning January 1, 2011, retailers shall make available to their customers information on collection services in the state, including the department's website and toll-free telephone number. Remote retailers may include this information in a visible location on their websites to fulfill this requirement.

3. Retailers shall not be liable in any way for data or other information that a consumer may leave on a covered television that is collected or recycled.

260.1259. 1. The department shall use state-specific television sales data or national television sales data available from commercially available analytical sources to determine each television manufacturer's recovery responsibilities for televisions based on the manufacturer's market share. If the department uses national sales data, the department shall extrapolate data for the state from national data on the basis of the state's share of national population. The department shall seek to establish the most accurate determination of each manufacturer's market share and may rely on supplemental sources of information to achieve this goal.

2. By March 15, 2012, and annually thereafter, the department shall notify each manufacturer of its non-binding recycling obligation. Each manufacturer's obligation will be based on that manufacturer's market share from the previous year multiplied by the total pounds of televisions collected by all manufacturers during the previous program year.

3. The department shall educate consumers about recovery of covered televisions.

4. Beginning January 1, 2011, the department shall include on its web site a toll-free number and information on where households can return covered televisions for recycling.

260.1262. 1. The department may conduct audits and inspections to determine compliance under sections 260.1250 to 260.1271. The department and the attorney general, as appropriate, shall enforce the provisions of sections 260.1250 to 260.1271 and take enforcement action against any television manufacturer, retailer, or recoverer for failure to comply with any provisions of sections 260.1250 to 260.1271.

2. Any television manufacturer that fails to label its covered televisions as required by subsection 1 of section 260.1253, or adopt and implement a recovery plan as required by subsection 5 of section 260.1253 may be assessed a penalty of up to ten thousand dollars for the first violation and up to twenty-five thousand dollars for the second and each subsequent violation, in addition to being responsible for any other penalties required by or imposed under sections 260.1250 to 260.1271.

3. Any person who violates any requirement of sections 260.1250 to 260.1271 may be assessed a penalty of up to one thousand dollars for the first violation and up to two thousand dollars for the second and each subsequent violation, in addition to being responsible for any other penalties required by or imposed under sections 260.1250 to 260.1271.

4. A television manufacturer shall not be penalized for failing to meet its nonbinding recycling obligations, as calculated by the department.

5. Any violation of the sales prohibitions of sections 260.1250 to 260.1271 may be enjoined in an action, in the name of the state, brought by the attorney general.

260.1265. 1. Financial or proprietary information submitted to the department under sections 260.1250 to 260.1271 shall be considered a closed record under the provisions of chapter 610, RSMo.

2. The department shall compile the information from television manufacturers and issue a report to the general assembly by April first each year, beginning the second program year.

3. The department shall adopt such rules and regulations as are necessary to implement the provisions of sections 260.1250 to 260.1271. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2009, shall be invalid and void.

4. The department shall use any money received from penalties under sections 260.1250 to 260.1271 to offset costs associated with administering sections 260.1250 to 260.1271 and to provide grants to local governments collecting covered televisions.

5. All covered televisions collected under sections 260.1250 to 260.1271 shall be recovered in a manner that is in compliance with all applicable federal, state, and local laws and requirements.

6. The department shall adopt by reference the Institute of Scrap Recycling Industries, Inc.'s Electronics Recycling Operating Practices as requirements.

260.1268. 1. Any person who submits a bid for a contract with a state agency for the purchase or lease of covered televisions shall show that the brand of the covered television is in compliance with sections 260.1250 to 260.1271.

2. A state agency that purchases or leases covered televisions shall require each prospective bidder to certify compliance with sections 260.1250 to 260.1271. Failure to provide such certification shall render the prospective bidder ineligible to bid on the procurement of covered televisions.

3. The state's procurement agency shall adopt rules to implement this section's provisions.

260.1271. Sections 260.1250 to 260.1271 shall be deemed repealed if a federal law or a combination of federal laws takes effect that establishes a national program for the recycling of covered televisions that substantially meets the intent of sections 260.1250 to 260.1271.

640.107. 1. There is hereby established, as a subfund of the water and wastewater fund established in section 644.122, RSMo, the "Drinking Water Revolving Fund", which shall be maintained and accounted for separately, and which shall consist of moneys from all lawful public and private sources including legislative appropriations, federal capitalization grants, interest on investments and principal and interest payments with respect to loans made from the drinking water revolving fund. Money in the drinking water revolving fund may be used only for purposes as are authorized in the federal Safe Drinking Water Act, as amended and the American Recovery and Reinvestment Act of 2009 as enacted by the 111th United States Congress.

2. The commission shall, consistent with the requirements of the federal Safe Drinking Water Act and the American Recovery and Reinvestment Act of 2009 for the drinking water revolving fund to become eligible for capitalization grants from the United States Environmental Protection Agency, establish criteria and procedures for the selection of projects and the making of loans or the grant of loan subsidies for disadvantaged communities.

3. After providing for review and public comment, and in accordance with the requirements for such plans set forth in the federal Safe Drinking Water Act, the commission shall annually prepare an intended use plan for the funds available in the drinking water revolving fund.

4. Consistent with the requirements of the federal Safe Drinking Water Act, and only to the extent funds are available to be obligated for eligible projects of public water systems, in developing its annual intended use plan, the commission shall make available no less than thirty-five percent, but may make available greater than thirty-five percent, of the moneys credited to the drinking water revolving fund solely for project loans and loan subsidies for projects of systems serving fewer than ten thousand people in accordance with the following:

Systems Serving: Percentage:

0 - 3,300 people 20%

3,301 - 9,999 people 15%

provided that, in any fiscal year, loan subsidies may not exceed the maximum percentage as specified in the federal Safe Drinking Water Act. In any fiscal year in which there are insufficient applicants and projects in the population categories listed in this subsection to allocate the percentages of funds specified pursuant to this subsection, any balance of funds otherwise reserved for systems serving fewer than ten thousand people shall be available for obligation to eligible projects from any eligible applicant. Such uncommitted balances shall be redistributed in accordance with the intended use plan.

5. The department shall make available two percent of the moneys from the federal capitalization grants received pursuant to this section for training and technical assistance to public water systems serving fewer than ten thousand people. Training and technical assistance provided pursuant to this subsection shall be consistent with rules of the commission.

6. The state may provide assistance, as funds are available, pursuant to this chapter, to any eligible public water system pursuant to the federal Safe Drinking Water Act, as amended, to assist in the construction of public drinking water facilities as authorized by the commission. Further, the state may provide additional assistance or subsidies to any eligible entity as described in this subsection in the form of principal forgiveness, negative interest loans, grants, or any combination thereof, to the extent allowed by the federal Safe Drinking Water Act or American Recovery and Reinvestment Act of 2009, as enacted by the 111th United States Congress, and within the process provided by the Missouri Constitution and revised statutes of the state of Missouri.

640.150. 1. The department of natural resources shall be vested with the powers and duties prescribed by law and shall have the power to carry out the following activities:

(1) Assessing the impact of national energy policies on this state's supply and use of energy and this state's public health, safety and welfare;

(2) Consulting and cooperating with all state and federal governmental agencies, departments, boards and commissions and all other interested agencies and institutions, governmental and nongovernmental, public and private, on matters of energy research and development, management, conservation and distribution;

(3) The monitoring and analyzing of all federal, state, local and voluntarily disclosed private sector energy research projects and voluntarily disclosed private sector energy related data and information concerning supply and consumption, in order to plan for the future energy needs of this state. All information gathered shall be maintained, revised and updated as an aid to any interested person, foundation or other organization, public or private;

(4) Analyzing the potential for increased utilization of coal, nuclear, solar, resource recovery and reuse, landfill gas, projects to reduce and capture methane and other greenhouse gas emissions from landfills, energy efficient technologies and other energy alternatives, and making recommendations for the expanded use of alternate energy sources and technologies;

(5) Entering into cooperative agreements with other states, political subdivisions, private entities, or educational institutions for the purpose of seeking and securing federal grants for the department and its partners in the grants;

(6) The development and promotion of state energy conservation programs, including:

(a) Public education and information in energy related areas;

(b) Developing energy efficiency standards for agricultural and industrial energy use and for new and existing buildings, to be promoted through technical assistance efforts by cooperative arrangements with interested public, business and civic groups and by cooperating with political subdivisions of this state;

2. No funds shall be expended to implement the provisions of this section until funds are specifically appropriated for that purpose. In order to carry out its responsibilities under this section, the department may expend any such appropriated funds by entering into agreements, contracts, grants, subgrants, or cooperative arrangements under various terms and conditions in the best interest of the state with other state, federal, or interstate agencies, political subdivisions, not-for-profit entities or organizations, educational institutions, or other entities, both public and private, to carry out its responsibilities.

640.160. 1. There is hereby created in the state treasury the "Energy Futures Fund", which shall consist of money appropriated by the general assembly or received from gifts, bequests, donations, or from the federal government. The state treasurer shall be custodian of the fund and may approve disbursements from the fund in accordance with sections 30.170 and 30.180, RSMo. Notwithstanding the provisions of section 33.080, RSMo, to the contrary, any moneys remaining in the fund at the end of the biennium shall not revert to the credit of the general revenue fund. The state treasurer shall invest moneys in the fund in the same manner as other funds are invested. Any interest and moneys earned on such investments shall be credited to the fund.

2. Upon appropriation, the department of natural resources may use moneys in the fund created under this section for the purposes of carrying out the provisions of sections 640.150 to 640.160 including, but not limited to, energy efficiency programs, energy studies, energy resource analyses, or energy projects. After appropriation, the department may also expend funds for the administration and management of energy responsibilities and activities associated with projects and studies funded from the energy futures fund.

644.036. 1. No standard, rule or regulation or any amendment or repeal thereof shall be adopted except after a public hearing to be held after thirty days' prior notice by advertisement of the date, time and place of the hearing and opportunity given to the public to be heard. Notice of the hearings and copies of the proposed standard, rule or regulation or any amendment or repeal thereof shall also be given by regular mail, at least thirty days prior to the scheduled date of the hearing, to any person who has registered with the director for the purpose of receiving notice of such public hearings in accordance with the procedures prescribed by the commission at least forty-five days prior to the scheduled date of the hearing. However, this provision shall not preclude necessary changes during this thirty-day period.

2. At the hearing, opportunity to be heard by the commission with respect to the subject thereof shall be afforded any interested person upon written request to the commission, addressed to the director, not later than seven days prior to the hearing, and may be afforded to other persons if convenient. In addition, any interested persons, whether or not heard, may submit, within seven days subsequent to the hearings, a written statement of their views. The commission may solicit the views, in writing, of persons who may be affected by, or interested in, proposed rules and regulations, or standards. Any person heard or represented at the hearing or making written request for notice shall be given written notice of the action of the commission with respect to the subject thereof.

3. Any standard, rule or regulation or amendment or repeal thereof shall not be deemed adopted or in force and effect until it has been approved in writing by at least four members of the commission. A standard, rule or regulation or an amendment or repeal thereof shall not become effective until a certified copy thereof has been filed with the secretary of state as provided in chapter 536, RSMo.

4. Unless prohibited by any federal water pollution control act, any standard, rule or regulation or any amendment or repeal thereof which is adopted by the commission may differ in its terms and provisions as between particular types and conditions of water quality standards or of water contaminants, as between particular classes of water contaminant sources, and as between particular waters of the state.

5. Any listing required by Section 303(d) of the federal Clean Water Act, as amended, 33 U.S.C. 1251, et seq., to be sent to the U.S. Environmental Protection Agency for its approval that will result in any waters of the state being classified as impaired shall be adopted by the commission after a public hearing, or series of hearings, held in accordance with the following procedures. The department of natural resources shall publish in at least six regional newspapers, in advance, a notice by advertisement the availability of a proposed list of impaired waters of the state and such notice shall include at least ninety days' advance notice of the date, time, and place of the public hearing and opportunity given to the public to be heard. Notice of the hearings and copies of the proposed list of impaired waters also shall be posted on the department of natural resources' web site and given by regular mail, at least ninety days prior to the scheduled date of the hearing, to any person who has registered with the director for the purpose of receiving notice of such public hearings. The proposed list of impaired waters shall identify the water segment, the uses to be made of such waters, the uses impaired, identify the pollutants causing or expected to cause violations of the applicable water quality standards, and provide a summary of the data relied upon to make the preliminary determination. Contemporaneous with the publication of the notice of public hearing, the department shall make available on its web site all data and information it relied upon to prepare the proposed list of impaired waters, including a narrative explanation of how the department determined the water segment was impaired. At any time after the public notice and until seven days after the public hearing, the department shall accept written comments on the proposed list of impaired waters. After the public hearing and after all written comments have been submitted, the department shall prepare a written response to all comments and a revised list of impaired waters. The commission shall adopt a list of impaired waters in a public meeting during which the public shall be afforded an opportunity to respond to the department's written response to comments and revised list of impaired waters. Notice of the meeting shall include the date, time, and place of the public meeting and shall provide notice that the commission will give interested persons the opportunity to respond to the department's revised list of impaired waters and written responses to comments. At its discretion, the commission may extend public comment periods or hold additional public hearings on the proposed and revised lists of impaired waters. The commission shall not vote to add to the list of impaired waters any waters not recommended by the department in the proposed or revised lists of impaired waters without granting the public at least thirty additional days to comment on the proposed addition. The list of impaired waters adopted by the commission shall not be deemed to be a rule as defined by section 536.010, RSMo. The listing of any water segment on the list of impaired waters adopted by the commission shall be subject to judicial review by any adversely affected party under section 536.150, RSMo. The provisions in this subsection shall expire on August 28, [2009] 2010.

644.054. 1. Fees imposed in sections 644.052 and 644.053 shall, except for those fees imposed pursuant to subsection 4 and subsections 6 to 13 of section 644.052, become effective October 1, 1990, and shall expire December 31, [2009] 2010. Fees imposed pursuant to subsection 4 and subsections 6 to 13 of section 644.052 shall become effective August 28, 2000, and shall expire on December 31, [2009] 2010. The clean water commission shall promulgate rules and regulations on the procedures for billing and collection. All sums received through the payment of fees shall be placed in the state treasury and credited to an appropriate subaccount of the natural resources protection fund created in section 640.220, RSMo. Moneys in the subaccount shall be expended, upon appropriation, solely for the administration of sections 644.006 to 644.141. Fees collected pursuant to subsection 10 of section 644.052 by a city, a public sewer district, a public water district or other publicly owned treatment works are state fees. Five percent of the fee revenue collected shall be retained by the city, public sewer district, public water district or other publicly owned treatment works as reimbursement of billing and collection expenses.

2. The commission may grant a variance pursuant to section 644.061 to reduce fees collected pursuant to section 644.052 for facilities that adopt systems or technologies that reduce the discharge of water contaminants substantially below the levels required by commission rules.

3. Fees imposed in subsections 2 to 6 of section 644.052 shall be due on the date of application and on each anniversary date of permit issuance thereafter until the permit is terminated.

4. There shall be convened a joint committee appointed by the president pro tem of the senate and the speaker of the house of representatives to consider proposals for restructuring the fees imposed in sections 644.052 and 644.053. The committee shall review storm water programs, the state's implementation of the federal clean water program, storm water, and related state clean water responsibilities, and evaluate the costs to the state for maintaining the programs. The committee shall prepare and submit a report, including recommendations on funding the state clean water program, and storm water programs, to the governor, the house of representatives, and the senate no later than December 31, 2008.

644.101. The state may provide assistance, as funds are available, pursuant to this chapter, to any county, municipality, public water district, public sewer district, or any combination of the same, or any entity eligible pursuant to the Safe Drinking Water Act, as amended, or the Clean Water Act, as amended, to assist them in the construction of public drinking water and water pollution control projects as authorized by the clean water commission. The state may provide assistance pursuant to this chapter, including but not limited to the purchase of water and/or wastewater revenue or general obligation bonds, bonds of any county, instrumentality of the state, state entity, municipality, public sewer district, public water district, community water system, nonprofit noncommunity water system or any combination of the same, or any entity eligible pursuant to the Safe Drinking Water Act, as amended, or the Clean Water Act, as amended. Further, the state may provide additional assistance or subsidies to any eligible entity as described in this section in the form of principal forgiveness, negative interest loans, grants, or any combination thereof, to the extent allowed by the American Recovery and Reinvestment Act of 2009, as enacted by the 111th United States Congress, and within the process provided by the Missouri Constitution and revised statutes of the state of Missouri.

Section B. Because of the need to distribute funds from the American Recovery and Reinvestment Act of 2009 in an efficient and timely manner, sections 640.107, 640.150, and 644.101 of this act are deemed necessary for the immediate preservation of the public health, welfare, peace and safety, and is hereby declared to be an emergency act within the meaning of the constitution, and sections 640.107, 640.150, 644.054, and 644.101 of this act shall be in full force and effect upon its passage and approval.