SECOND REGULAR SESSION
97TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES FITZPATRICK (Sponsor) AND LANT (Co-sponsor).
5611H.01I D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To amend chapter 386, RSMo, by adding thereto one new section relating to the public service commission, with an emergency clause.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 386, RSMo, is amended by adding thereto one new section, to be known as section 386.910, to read as follows:
386.910. 1. Notwithstanding the provisions of this chapter and any other provision of law to the contrary, the Missouri public service commission shall lack jurisdiction to approve the construction of any electric facilities to be built in accordance with Arkansas public service commission order 33, docket number 13-041-U, authorizing route 109 as a “reasonable route” for the construction of new three hundred forty-five kilovolt electric transmission lines.
2. The commission also shall lack jurisdiction over any electric transmission line that originates and terminates in a single state other than Missouri while traversing any county of the third classification without a township form of government and with more than thirty-three thousand but fewer than thirty-seven thousand inhabitants and with a city of the fourth classification with more than three thousand but fewer than three thousand seven hundred inhabitants as the county seat or county of the third classification without a township form of government and with more than twenty-three thousand but fewer than twenty-six thousand inhabitants and with a city of the fourth classification with more than seven hundred but fewer than eight hundred inhabitants as the county seat.
3. Because the Arkansas public service commission has designated route 109 as reasonable because of its “lesser impact on residential areas and lesser aesthetic impact” with regard to Arkansas residents, the general assembly of this state declares that it shall have sole jurisdiction to approve or disapprove the construction of any electric transmission line that originates and terminates in a single state other than Missouri while traversing any county of the third classification without a township form of government and with more than thirty-three thousand but fewer than thirty-seven thousand inhabitants and with a city of the fourth classification with more than three thousand but fewer than three thousand seven hundred inhabitants as the county seat or county of the third classification without a township form of government and with more than twenty-three thousand but fewer than twenty-six thousand inhabitants and with a city of the fourth classification with more than seven hundred but fewer than eight hundred inhabitants as the county seat. The general assembly assumes sole jurisdiction over the subject matter of this section for purposes of preserving the health, safety, and welfare of the residents of Missouri and ensuring that electric facility construction is undertaken for a legitimate public purpose.
4. Any entity seeking the construction of electric facilities under this section may petition the general assembly for an interstate agreement or other enactment of legislation with the force and effect of law authorizing such construction.
5. The provisions of this section are severable. If any part of this section is declared invalid or held unconstitutional, such decision shall not invalidate any of the remaining provisions of this section.
Section B. Because ensuring construction projects are conducted for a legitimate public purpose, this act is 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 this act shall be in full force and effect upon its passage and approval.
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