The Missouri Bar
Publications

Environmental/Energy Law

* HB 1469 — Administrative Hearing Commission. The hazardous waste management commission, land reclamation commission, safe drinking water commission, air conservation commission and clean water commission provide the final level of administrative review in disputes relating to permits and other administrative decisions made by the Department of Natural Resources.

The Administrative Hearing Commission hears administrative appeals in these cases.

Expedites the process of administrative review of these matters by statutorily granting the Administrative Hearing Commission with the authority to make decisions based on stipulation of the parties, consent order, agreed settlement, default judgment, judgment on the pleadings or summary determination.

Improves judicial efficiency, reducing time and client expense in resolving these types of cases.

Drafted by The Missouri Bar Environmental and Energy Law Committee. (Signed 6/19/08)

HB 1670 — Sales Tax Exemption for Pollution Controls. (See Taxation Law)

SS SCS HCS HB 1779 — Utility Service. (See Administrative Law)

HB 1881 — Public Water Supply District Board Members. (See Local Government Law)

CCS#2 HCS SCS SB 720 — Utility Regulations and Recycling of Computers. (See Technology/Computer Law)

HCS SCS SB 907 — Real Property Transfers and Petroleum Storage Tanks. (See Property Law)

CCS HCS SS SCS SB 931 — Agricultural Incentives and Programs. (See Agricultural/Animal Law)

CCS HCS SCS SB 1181, 1100, 1262 & 1263 — Energy and Environment. Changes laws regarding environmental regulations and energy efficiency and conservation procedures. Among its provisions, the bill:

(1) Requires the Department of Natural Resources to establish minimum energy efficiency standards for state buildings based on the 2006 International Energy Conservation Code. State buildings must meet the new standards on or after July 1, 2009. The Office of Administration will determine whether the energy efficiency standard is met and may exempt buildings based on safety or cost considerations;

(2) Allows low-interest loans through the Linked Deposit Loan Program for eligible alternative energy operations producing and selling fuel or power from alternative energy sources including solar, hydroelectric, wind, and qualified biomass;

(3) Authorizes an income tax deduction administered by the department for the cost of home energy audits and implementing audit recommendations;

(4) Establishes the Show Me Green Sales Tax Holiday annually beginning in 2009. Energy Star certified appliances will be exempt from state sales tax from April 19 through April 26. Political subdivisions may opt in at their discretion;

(5) Allows the department to implement a unified permit schedule process for applicants who need multiple permits for a similar activity or project. The department may waive otherwise applicable procedural requirements for permits and establish a schedule for issuing permits to an applicant. Considerations for determining the timing of the unified permit schedule are specified in the bill. Public comment periods and substantive legal requirements cannot be waived by the department to facilitate the new scheduling process;

(6) Establishes, subject to appropriations, professorships in energy efficiency at public state universities. The professorships will be administered by the Department of Higher Education in coordination with the Department of Natural Resources;

(7) Authorizes the counties of Clay and Jefferson to adopt regulations for electrical wiring and installation and the licensing of individuals to make those counties consistent with the authority granted to all other first and second classification counties;

(8) Allows electric retail suppliers to recover costs associated with renewable mandates including solar rebates and caps retail rate increases caused by renewable mandates at 1% per year. Solar rebates will be capped at 25% of the cost of solar panels;

(9) Exempts electrical corporations that achieve 15% renewable energy capacity as a proportion of their total fossil fuel generating capacity from all non-federal renewable energy standard requirements and from customer solar system incentive requirements;

(10) Creates minimum energy standards for certain appliances and goods sold in the state. The Department of Natural Resources and the Office of the Attorney General may prevent the sale of certain products that do not meet Energy Star certification requirements or that do not meet minimum energy standards established in federal law; and

(11) Requires the Department of Elementary and Secondary Education, in consultation with the Department of Health and Senior Services and other interested parties, to establish annual guidelines for green cleaning programs and product specifications for elementary and secondary schools.

Provisions regarding the income tax deduction for home energy audits will expire December 31, 2013. (Signed 7/10/08)

SJR 45 — Storm Water Control Grants and Loans. Upon voter approval, this proposed constitutional amendment changes laws regarding the issuance of grants and loans to the City of St. Louis and any first classification county by the Department of Natural Resources for storm water control.