Moratorium on the construction of solar projects, with an emergency clause

SECOND REGULAR SESSION
HOUSE BILL NO. 2477
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE LEWIS.
5857H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 393, RSMo, by adding thereto one new section relating to moratorium on
the construction of solar projects, with an emer gency clause.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 393, RSMo, is amended by adding thereto one new section, to be
2 known as section 393.2180, to read as follows:
393.2180. 1. For purposes of this section, the following terms mean:
2 (1) "Department", the Missouri department of natural res ources;
3 (2) "Solar pr oject", a gr oup of photovoltaic interconn ected solar panels or
4 arrays that convert sunlight into electricity for the primary purpose of wholesale or
5 r etail sales of generated electricity , including all on-site equipment and facilities
6 necessary for the pro per operation of the facility , such as electrical collection and
7 transmission lines, battery storage systems, transformers, substations, and operations
8 and maintenance facilities.
9 2. Notwithstanding any pr ovision of law to the contrary , beginning the effective
10 date of this section, ther e shall immediately be a moratorium placed on the construction
11 of any solar project in the state, including but not limited to the issuance of permits for
12 the construction of solar pr ojects in the state.
13 3. For any solar pr oject that is curr ently being constructed and for which
14 construction has not completed before the effective date of this section, all construction
15 of such solar pr oject shall be suspended under the moratorium under this section.
16 4. The department shall pr omulgate rules relat ing to envir onmental issues
17 concerning, but not limited to, the construction, placement, and operation of a solar
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
18 pr oject. Any rule or portion of a rule, as that term is defined in section 536.010, that is
19 cr eated under the authority delegated in this section shall become effective only if it
20 complies with and is subject to all of the pr ovisions of chapter 536 and, if applicable,
21 section 536.028. This section and chapter 536 are nonseverable and if any of the powers
22 vested with the general assembly pursuant to chapter 536 to revi ew , to delay the
23 effective date, or to disappr ove and annul a rule are subsequently held unconstitutional,
24 then the grant of rulemaking authority and any rule pr oposed or adopted after the
25 effective date of the act, shall be invalid and void.
26 5. The moratorium under this section shall end on December 31, 2027. However ,
27 if the department does not pr omulgate rules under subsection 4 of this section before
28 December 31, 2027, the moratorium shall continue until the requi rem ents under
29 subsection 4 of this section have been met.
Section B. Because of the hazards relating to the construction and operation of solar
2 projects, section A of this act is deemed necessary for the immediate preservation of the
3 public health, welfare, peace, and safety , and is hereby declared to be an emer gency act within
4 the meaning of the constitution, and section A of this act shall be in full force and ef fect upon
5 its passage and approval.
✔
HB 2477 2