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Environmental/Energy Law

SCS HCS HB 426 — Missouri Propane Safety Act. The bill:

(1) Establishes the seven-member Missouri Propane Gas Commission within the Department of Agriculture;

(2) Authorizes the commission to regulate propane under Chapter 323, RSMo, establish rules in accordance with Section 323.020, and conduct hearings and regulate disputes arising under the chapter;

(3) Requires the commission to undertake various functions including the development of propane safety plans, the receipt of private and federal funds, and the general supervision and representation of the State of Missouri regarding all matters under Chapter 323;

(4) Authorizes the department director to conduct investigations, subpoena witnesses, require attendance at hearings, inspect premises, produce reports, impose specified civil penalties, and issue cease and desist orders;

(5) Specifies the criteria for establishing an initial fee for the funding of inspections of propane installations and allows the commission and department director to change the fee structure as specified in the bill;

(6) Allows the commission to establish fees for permits, licenses, and certificates required by Chapter 323 and to change the fee structure every two years;

(7) Requires funds to be used solely for the enforcement of Chapter 323 and prohibits the use of any funds for lobbying; and

(8) Allows any political subdivision to establish licensing requirements for persons who install, repair, replace, or maintain liquefied petroleum gas or any other fuel gas piping system. (Signed 7/13/07)

SS HCS HB 741 — Economic Development Programs. (See Taxation Law)

CCS HCS SS SCS SB 22 — Political Subdivisions. (See Local Government Law)

HCS SCS SB 54 — Renewable Energy and Environmental Regulations. 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;

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

(3) Allows yard waste to be disposed of in landfills that are certified as legitimate bioreactors by the Department of Natural Resources;

(4) Establishes the Net Metering and Easy Connection Act which requires all utilities regulated by the Missouri Public Service Commission to provide net metering services to their customers;

(5) Increases, beginning August 28, 2008, surface mining permit fees and requires individuals engaged in surface mining to pay an additional permit fee which will be deposited into the Geologic Resources Fund.;

(6) Changes the penalty for the criminal disposition of more than 2,000 pounds of demolition waste on state land from a class A misdemeanor to a class D felony. Knowingly disposing of demolition waste on property that one owns is a class C misdemeanor unless payment is received for allowing the disposal; in which case, the penalty is 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 disposal of more than 500 pounds of residential or commercial waste on state land will be a class D felony. New civil penalties of up to $5,000 per day for a violation by a solid waste processing facility and up to $500 per day for the violation of an environmental regulation governing waste disposal are created; and

(7) 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. 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.

The bill becomes effective January 1, 2008. (Signed 6/25/07)

SB 407 — Public Water Supply Districts. (See Local Government Law)

CCS HCS SB 416 — Adverse Possession of Certain Lands. (See Property Law)

SCS SB 420 — Clean Water Commission. (See State Government Law)