Modifies provisions relating to utilities

SECOND REGULAR SESSION
HOUSE BILL NO. 2478
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE LEWIS.
4225H.02I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal sections 137.100, 153.030, 153.034, 393.1025, 393.1030, and 523.010, RSMo, and
to enact in lieu thereof ten new sections relating to utilities, with an emer gency clause
for a certain section.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 137.100, 153.030, 153.034, 393.1025, 393.1030, and 523.010,
2 RSMo, are repealed and ten new sections enacted in lieu thereof, to be known as sections
3 67.5350, 137.100, 137.124, 153.030, 153.034, 393.172, 393.1025, 393.1030, 393.1 120, and
4 523.010, to read as follows:
67.5350. 1. As used in this section, the following terms shall mean:
2 (1) "Material amendment", any amendment to a permit issued by a county
3 commission to construct a solar farm which:
4 (a) Changes the solar farm's generation type fr om one type of utility facility to
5 another;
6 (b) Increas es the facility's nameplate capacity; or
7 (c) Changes the boundaries of the solar farm, unless the new boundaries of the
8 facility ar e completely within the prev ious boundaries of the facility or the facility
9 components outside of the pr evious boundary are undergroun d;
10 (2) "Solar farm", a grou p of photovoltaic inter connected solar panels or arrays
11 that convert sunlight into electricity for the primary purpose of wholesale or r etail sales
12 of generated electricity , including all on-site equipment and facilities necessary for the
13 pr oper operation of the facility , such as electrical collection and transmission lines,
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.
14 battery storage systems, transformers, substations, and operations and maintenance
15 facilities within at least twenty continuous acr es.
16 2. Prior to obtaining a certificate of public convenience or necessity issued by the
17 Missouri public service commission, any person constructing a solar farm shall first
18 submit an application to the county commission in each county where the solar farm is
19 to be located.
20 3. The county commission of any county shall adopt an order or ordinance
21 r equiring a permit to construct a solar farm within specified boundaries located in
22 whole or in part in an unincorporated area of a county . Such permit shall requ ire the
23 following:
24 (1) Any construction to be at least one thousand linear feet fr om any chur ch,
25 school, or city , town, or village limit, or any private res idence or res idential pr operty ,
26 including, but not limited to, a nursing home or a senior living facility;
27 (2) Any construction to be at least thr ee hundr ed linear feet fr om any other
28 pr operty line, not listed under subdivision (1) of this subsection; or
29 (3) Any construction to be at least two hundr ed and fifty linear feet fro m any
30 public ro ad.
31 4. A permit under subsection 3 of this section shall r equir e noise levels not to
32 exceed forty-five decibels at any pr operty line.
33 5. Within ninety days of recei ving an application to construct a solar farm, the
34 county commission shall hold a public meeting before the issuance of any such permit to
35 construct a solar farm. Notice shall be provi ded at least fourteen days prior to the
36 public meeting. At the public meeting, the applicant shall pr ovide in writing the
37 following information:
38 (1) Maximum nameplate capacity of the solar farm;
39 (2) Safety measur es to pr event any fir e hazard on the solar farm;
40 (3) Geographical ar ea and number of acres of the solar farm;
41 (4) Name, addr ess, and telephone number of the owner or operator of the solar
42 farm;
43 (5) Notice that the county commission will accept written comments fr om the
44 public for a period of thirty days on the construction of the solar farm; and
45 (6) The addr ess of the office of the county commission.
46 6. No later than ninety days after the public meeting, the county commission
47 shall:
48 (1) Issue a permit to the applicant accepting the construction pr oposal;
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49 (2) Issue a permit to the applicant limiting the boundaries of the pr oposed solar
50 farm to a smaller geographic ar ea, completely within the geographic ar ea pr oposed by
51 the applicant; or
52 (3) Deny the permit and pr ohibit the construction of the solar farm by the
53 applicant.
54 7. Any applicant intending to make a material amendment once a permit is
55 issued shall submit a new application for a permit to the county commission.
56 8. The county commission shall r equir e any applicant who is issued a permit to
57 obtain liability insurance in an amount sufficient to cover any damages which may arise
58 fr om the construction of the solar farm.
59 9. The Missouri public service commission shall not issue a certificate of public
60 convenience or necessity to any applicant who did not receiv e a permit to construct a
61 solar farm fr om the county commission in each county wher e the solar farm is to be
62 located.
63 10. The county commission of any county wher e a solar farm is pr oposed to be
64 constructed shall req uire a decommissioning plan that includes rem oval of the solar
65 farm equipment within twelve months after cessation of operations. The
6 6 decommissioning plan shall be submitted to the county commission by an owner or
67 operator of the pr oposed solar farm before construction begins. Decommissioning costs
68 shall be calculated by an engineer licensed in the state. As part of the decommissioning
69 plan, an owner or an operator shall post a bond in an amount of one hundr ed and
70 twenty-five per cent of the estimated decommissioning costs. The decommissioning plan
71 shall be updated every five years by the owner or operator and submitted to the county
72 commission.
137.100. 1. The following subjects are exempt from taxation for state, county or local
2 purposes:
3 (1) Lands and other property belonging to this state;
4 (2) Lands and other property belonging to any city , county or other political
5 subdivision in this state, including market houses, town halls and other public structures, with
6 their furniture and equipments, and on public squares and lots kept open for health, use or
7 ornament;
8 (3) Nonprofit cemeteries;
9 (4) The real estate and tangible personal property which is used exclusively for
10 agricultural or horticultural societies orga nized in this state, including not-for -profit
11 agribusiness associations;
12 (5) All property , real and personal, actually and regularly used exclusively for
13 religious worship, for schools and colleges, or for purposes purely charitable and not held for
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14 private or corporate profit, except that the exemption herein granted does not include real
15 property not actually used or occupied for the purpose of the org anization but held or used as
16 investment even though the income or rentals received therefrom is used wholly for religious,
17 educational or charitable purposes;
18 (6) Household goods, furniture, wearing apparel and articles of personal use and
19 adornment, as defined by the state tax commission, owned and used by a person in [ his ] such
20 person's home or dwelling place;
21 (7) Motor vehicles leased for a period of at least one year to this state or to any city ,
22 county , or political subdivision or to any religious, educational, or charitable or ganization
23 which has obtained an exemption from the payment of federal income taxes, provided the
24 motor vehicles are used exclusively for religious, educational, or charitable purposes;
25 (8) Real or personal property leased or otherwise transferred by an interstate compact
26 agency created pursuant to sections 70.370 to 70.430 or sections 238.010 to 238.100 to
27 another for which or whom such property is not exempt when immediately after the lease or
28 transfer , the interstate compact agency enters into a leaseback or other agreement that directly
29 or indirectly gives such interstate compact agency a right to use, control, and possess the
30 property; provided, however , that in the event of a conveyance of such property , the interstate
31 compact agency must retain an option to purchase the property at a future date or , within the
32 limitations period for reverters, the property must revert back to the interstate compact
33 agency . Property will no longer be exempt under this subdivision in the event of a
34 conveyance as of the date, if any , when:
35 (a) The right of the interstate compact agency to use, control, and possess the property
36 is terminated;
37 (b) The interstate compact agency no longer has an option to purchase or otherwise
38 acquire the property; and
39 (c) There are no provisions for reverter of the property within the limitation period for
40 reverters; and
41 (9) All property , real and personal, belonging to veterans' or ganizations. As used in
42 this section, "veterans' or ganization" means any or ganization of veterans with a congressional
43 charter , that is incorporated in this state, and that is exempt from taxation under section 501(c)
44 (19) of the Internal Revenue Code of 1986, as amended[ ;
45 (10) Solar ener gy systems not held for resale ].
46 2. Notwithstanding the pr ovisions of subsection 1 of this section or any other
47 pr ovision of law to the contrary , solar energy systems constructed for exclusive use of a
48 single pr operty may be exempt at the discret ion of the assessor .
137.124. 1. Beginning January 1, 2027, for purposes of assessing all r eal
2 pr operty , excluding land, or tangible personal pr operty associated with a pr oject that
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3 uses solar energy dir ectly to generate electricity and that was built or was contracted to
4 sell power , the tax liability actually owed shall be equal to six thousand dollars per
5 megawatt of nameplate capacity and shall be adjusted for inflation annually based on
6 the Consumer Price Index for All Urban Consumers in the Midwest Region, as record ed
7 by the United Bureau of Labor Statistics.
8 2. Nothing in this section shall be construed to pr ohibit a pr oject from engaging
9 in enhanced enterprise zone agr eements under sections 135.950 to 135.973 or similar tax
10 abatement agreements with state or local officials or to affect any existing enhanced
11 enterprise zone agr eements.
12 3. Beginning January 1, 2027, for the purposes of assessing land that is
13 associated with a pr oject that uses solar energy dir ectly to generate electricity , such r eal
14 pr operty shall be classified as subclass (3) real pr operty and assessed as commerci al
15 pr operty under this chapter .
153.030. 1. All bridges over streams dividing this state from any other state owned,
2 used, leased or otherwise controlled by any person, corporation, railroad company or joint
3 stock company , and all bridges across or over navigable streams within this state, where the
4 char ge is made for crossing the same, which are now constructed, which are in the course of
5 construction, or which shall hereafter be constructed, and all property , real and tangible
6 personal, owned, used, leased or otherwise controlled by telegraph, telephone, electric power
7 and light companies, electric transmission lines, pipeline companies and express companies
8 shall be subject to taxation for state, county , municipal and other local purposes to the same
9 extent as the property of private persons.
10 2. [ And ] T axes levied [ thereon ] under subsection 1 of this section shall be levied
11 and collected in the manner as is now or may hereafter be provided by law for the taxation of
12 railroad property in this state, and county commissions, county boards of equalization and the
13 state tax commission are hereby required to perform the same duties and are given the same
14 powers, including punitive powers, in assessing, equalizing and adjusting the taxes on the
15 property set forth in this section as the county commissions and boards of equalization and
16 state tax commission have or may hereafter be empowered with, in assessing, equalizing, and
17 adjusting the taxes on railroad property; and an authorized officer of any such bridge,
18 telegraph, telephone, electric power and light companies, electric transmission lines, pipeline
19 companies, or express company or the owner of any such toll bridge, is hereby required to
20 render reports of the property of such bridge, telegraph, telephone, electric power and light
21 companies, electric transmission lines, pipeline companies, or express companies in like
22 manner as the authorized of ficer of the railroad company is now or may hereafter be required
23 to render for the taxation of railroad property .
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24 3. On or before the fifteenth day of April in the year 1946 and each year thereafter an
25 authorized officer of each such company shall furnish the state tax commission and county
26 clerks a report, duly subscribed and sworn to by such authorized of ficer , which is like in
27 nature and purpose to the reports required of railroads under chapter 151 showing the full
28 amount of all real and tangible personal property owned, used, leased or otherwise controlled
29 by each such company on January first of the year in which the report is due.
30 4. If any telephone company assessed pursuant to chapter 153 has a microwave relay
31 station or stations in a county in which it has no wire mileage but has wire mileage in another
32 county , then, for purposes of apportioning the assessed value of the distributable property of
33 such companies, the straight line distance between such microwave relay stations shall
34 constitute miles of wire. In the event that any public utility company assessed pursuant to this
35 chapter has no distributable property which physically traverses the counties in which it
36 operates, then the assessed value of the distributable property of such company shall be
37 apportioned to the physical location of the distributable property .
38 5. (1) Notwithstanding any provision of law to the contrary , beginning January 1,
39 2019, a telephone company shall make a one-time election within the tax year to be assessed:
40 (a) Using the methodology for property tax purposes as provided under this section;
41 or
42 (b) Using the methodology for property tax purposes as provided under this section
43 for property consisting of land and buildings and be assessed for all other property
44 exclusively using the methodology utilized under section 137.122.
45
46 If a telephone company begins operations, including a mer ger of multiple telephone
47 companies, after August 28, 2018, it shall make its one-time election to be assessed using the
48 methodology for property tax purposes as described under paragraph (b) of subdivision (1) of
49 this subsection within the year in which the telephone company begins its operations. A
50 telephone company that fails to make a timely election shall be deemed to have elected to be
51 assessed using the methodology for property tax purposes as provided under subsections 1 to
52 4 of this section.
53 (2) The provisions of this subsection shall not be construed to change the original
54 assessment jurisdiction of the state tax commission.
55 (3) Nothing in subdivision (1) of this subsection shall be construed as applying to any
56 other utility .
57 (4) (a) The provisions of this subdivision shall ensure that school districts may avoid
58 any fiscal impact as a result of a telephone company being assessed under the provisions of
59 paragraph (b) of subdivision (1) of this subsection. If a school district's current operating levy
60 is below the greater of its most recent voter- approved tax rate or the most recent voter -
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61 approved tax rate as adjusted under subdivision (2) of subsection 5 of section 137.073, it shall
62 comply with section 137.073.
63 (b) Beginning January 1, 2019, any school district currently operating at a tax rate
64 equal to the greater of the most recent voter -approved tax rate or the most recent voter-
65 approved tax rate as adjusted under subdivision (2) of subsection 5 of section 137.073 that
66 receives less tax revenue from a specific telephone company under this subsection, on or
67 before January thirty-first of the year following the tax year in which the school district
68 received less revenue from a specific telephone company , may by resolution of the school
69 board impose a fee, as determined under this subsection, in order to obtain such revenue. The
70 resolution shall include all facts that support the imposition of the fee. If the school district
71 receives voter approval to raise its tax rate, the district shall no longer impose the fee
72 authorized in this paragraph.
73 (c) Any fee imposed under paragraph (b) of this subdivision shall be determined by
74 taking the dif ference between the tax revenue the telephone company paid in the tax year in
75 question and the tax revenue the telephone company would have paid in such year had it not
76 made an election under subdivision (1) of this subsection, which shall be calculated by taking
77 the telephone company valuations in the tax year in question, as determined by the state tax
78 commission under paragraph (d) of this subdivision, and applying such valuations to the
79 apportionment process in subsection 2 of section 151.150. The school district shall issue a
80 billing, as provided in this subdivision, to any such telephone company . A telephone
81 company shall have forty-five days after receipt of a billing to remit its payment of its portion
82 of the fees to the school district. Notwithstanding any other provision of law , the issuance or
83 receipt of such fee shall not be used:
84 a. In determining the amount of state aid that a school district receives under section
85 163.031;
86 b. In determining the amount that may be collected under a property tax levy by such
87 district; or
88 c. For any other purpose.
89
90 For the purposes of accounting, a telephone company that issues a payment to a school
91 district under this subsection shall treat such payment as a tax.
92 (d) When establishing the valuation of a telephone company assessed under
93 paragraph (b) of subdivision (1) of this subsection, the state tax commission shall also
94 determine the dif ference between the assessed value of a telephone company if:
95 a. Assessed under paragraph (b) of subdivision (1) of this subsection; and
96 b. Assessed exclusively under subsections 1 to 4 of this section.
97
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98 The state tax commission shall then apportion such amount to each county and provide such
99 information to any school district making a request for such information.
100 (e) This subsection shall expire when no school district is eligible for a fee.
101 6. (1) If any public utility company assessed pursuant to this chapter has ownership
102 of any real or personal property associated with a project which uses solar or wind ener gy
103 directly to generate electricity , such solar or wind ener gy project property shall be valued and
104 taxed by any local authorities having jurisdiction under the provisions of chapter 137 and
105 other relevant provisions of the law .
106 (2) Notwithstanding any provision of law to the contrary , beginning January 1, 2020,
107 for any public utility company assessed pursuant to this chapter which has a wind ener gy
108 project, such wind ener gy project shall be assessed using the methodology for real and
109 personal property as provided in this subsection:
110 (a) Any wind ener gy property of such company shall be assessed upon the county
111 assessor's local tax rolls; and
112 (b) All other real property , excluding land, or personal property related to the wind
113 ener gy project shall be assessed using the methodology provided under section 137.123.
114 (3) Notwithstanding any other pr ovision of law to the contrary , beginning
115 January 1, 2027, for any public utility company assessed under this chapter which has a
116 solar energy project , such solar energy pr oject shall be assessed using the methodology
117 for real and personal pr operty as prov ided in this subsection:
118 (a) Any solar energy pr operty of such company shall be assessed upon the
119 county assessor's local tax ro lls; and
120 (b) All other real pr operty , excluding land, or personal pr operty relat ed to the
121 solar energy pr oject shall be assessed using the methodology pro vided under section
122 137.124.
123 7. (1) If any public utility company assessed pursuant to this chapter has ownership
124 of any real or personal property associated with a generation project which was originally
125 constructed utilizing financing authorized pursuant to chapter 100 for construction, upon the
126 transfer of ownership of such property to the public utility company such property shall be
127 valued and taxed by any local authorities having jurisdiction under the provisions of chapter
128 137 and other relevant provisions of law .
129 (2) Notwithstanding any provision of law to the contrary , beginning January 1, 2022,
130 for any public utility company assessed pursuant to this chapter which has ownership of any
131 real or personal property associated with a generation project which was originally
132 constructed utilizing financing authorized pursuant to chapter 100 for construction, upon the
133 transfer of ownership of such property to the public utility company such property shall be
134 assessed as follows:
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135 (a) Any property associated with a generation project which was originally
136 constructed utilizing financing authorized pursuant to chapter 100 for construction shall be
137 assessed upon the county assessor's local tax rolls. The assessor shall rely on the public utility
138 company for cost information of the generation portion of the property as found in the public
139 utility company's Federal Energ y Regulatory Commission Financial Report Form Number
140 One at the time of transfer of ownership, and depreciate the costs provided in a manner
141 similar to other commercial and industrial property;
142 (b) Any property consisting of land and buildings related to the generation property
143 associated with a generation project which was originally constructed utilizing financing
144 pursuant to chapter 100 for construction shall be assessed under chapter 137; and
145 (c) All other business or personal property related to a generation project which was
146 originally constructed utilizing financing pursuant to chapter 100 for construction shall be
147 assessed using the methodology provided under section 137.122.
153.034. 1. The term "distributable property" of an electric company shall include all
2 the real or tangible personal property which is used directly in the generation and distribution
3 of electric power , but not property used as a collateral facility nor property held for purposes
4 other than generation and distribution of electricity . Such distributable property includes, but
5 is not limited to:
6 (1) Boiler plant equipment, turbogenerator units and generators;
7 (2) Station equipment;
8 (3) T owers, fixtures, poles, conductors, conduit transformers, services and meters;
9 (4) Substation equipment and fences;
10 (5) Rights-of-way;
11 (6) Reactor , reactor plant equipment, and cooling towers;
12 (7) Communication equipment used for control of generation and distribution of
13 power;
14 (8) Land associated with such distributable property .
15 2. The term "local property" of an electric company shall include all real and tangible
16 personal property owned, used, leased or otherwise controlled by the electric company not
17 used directly in the generation and distribution of power and not defined in subsection 1 of
18 this section as distributable property . Such local property includes, but is not limited to:
19 (1) Motor vehicles;
20 (2) Construction work in progress;
21 (3) Materials and supplies;
22 (4) Office furniture, of fice equipment, and of fice fixtures;
23 (5) Coal piles and nuclear fuel;
24 (6) Land held for future use;
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25 (7) W orkshops, warehouses, office buildings and generating plant structures;
26 (8) Communication equipment not used for control of generation and distribution of
27 power;
28 (9) Roads, railroads, and bridges;
29 (10) Reservoirs, dams, and waterways;
30 (1 1) Land associated with other locally assessed property and all generating plant
31 land.
32 3. (1) Any real or tangible personal property associated with a project which uses
33 solar or wind ener gy directly to generate electricity shall be valued and taxed by local
34 authorities having jurisdiction under the provisions of chapter 137 and any other relevant
35 provisions of law . The method of taxation prescribed in subsection 2 of section 153.030 and
36 subsection 1 of this section shall not apply to such property .
37 (2) The real or tangible personal property referenced in subdivision (1) of this
38 subsection shall include all equipment whose sole purpose is to support the integration of a
39 wind generation asset into an existing system. Examples of such property may include, but
40 are not limited to, wind char gers, windmills, wind turbines, wind towers, and associated
41 electrical equipment such as inverters, pad mount transformers, power lines, storage
42 equipment directly associated with wind generation assets, and substations.
43 (3) The r eal or tangible personal pr operty ref erenced in subdivision (1) of this
44 subsection shall also include all equipment whose sole purpose is to support the
45 integration of a solar generation asset into an existing system. Examples of such
46 pr operty may include, but are not limited to, solar panels, solar panel mounting racks,
47 and associated electrical equipment such as inverters, battery packs, power meters,
48 power lines, storage equipment dir ectly associated with solar generation assets, and
49 substations.
50 4. For any real or tangible personal property associated with a generation project
51 which was originally constructed utilizing financing authorized under chapter 100 for
52 construction, upon the transfer of ownership of such property to a public utility , such property
53 shall be valued and taxed by local authorities having jurisdiction under the provisions of
54 chapter 137 and any other relevant provisions of law . The method of taxation prescribed in
55 subsection 2 of section 153.030 and subsection 1 of this section shall not apply to such
56 property .
393.172. By Mar ch 31, 2027, the public service commission shall adopt rules
2 applicable to electrical corporations that req uire the entity constructing an electric
3 transmission line under subsection 1 of section 393.170 for which permission is sought
4 fr om the commission on or after the effective date of this section to adher e to standards
5 to be adopted by such rules relat ing to construction activities occurring partially or
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6 wholly on privately owned agricultural land. Such standards shall addr ess, at a
7 minimum, landowner communication expectations, expectations with res pect to
8 transmission structur e design and placement, wet weather construction and
9 r emediation practices, agricultural mitigation and res toration practices, construction-
10 r elated tr ee and brush clearing, expectations concerning the use and res toration of field
11 entrances and temporary ro ads, and best practices with res pect to er osion preve ntion.
12 Any rule or portion of a rule, as that term is defined in section 536.010, that is creat ed
13 under the authority delegated in this section shall become effective only if it complies
14 with and is subject to all of the pr ovisions of chapter 536 and, if applicable, section
15 536.028. This section and chapter 536 are nonseverable and if any of the powers vested
16 with the general assembly pursuant to chapter 536 to rev iew , to delay the effective date,
17 or to disappr ove and annul a rule are subsequently held unconstitutional, then the grant
18 of rulemaking authority and any rule pr oposed or adopted after August 28, 2026, shall
19 be invalid and void.
393.1025. As used in sections 393.1020 to 393.1030, the following terms mean:
2 (1) "Alternative energy res ourc es", electric energy prod uced fr om wind, solar
3 thermal sources , photovoltaic cells and panels, dedicated crops gr own for energy
4 pr oduction, cellulosic agricultural res idues, plant res idues, methane fr om landfills, fr om
5 agricultural operations, or fr om wastewater trea tment, thermal depolymerization or
6 pyr olysis for converting waste material to energy , clean and untreat ed wood such as
7 pallets, hydr opower (not including pumped storage) that does not requi re a new
8 diversion or impoundment of water and that has a nameplate rating of ten megawatts or
9 less, fuel cells using hydr ogen pr oduced by one of the above-named alternative energy
10 sour ces, and other sources of energy including nuclear that become available after
11 November 4, 2008;
12 (2) "Commission", the public service commission;
13 [ (2) ] (3) "Department", the department of economic development;
14 [ (3) ] (4) "Electric utility", any electrical corporation as defined by section 386.020;
15 [ (4) ] (5) "Renewable ener gy credit" or "REC", a tradeable certificate of proof that one
16 megawatt-hour of electricity has been generated from [ renewable ] alternative ener gy sources
17 [ ; and
18 (5) "Renewable ener gy resources", electric ener gy produced from wind, solar thermal
19 sources, photovoltaic cells and panels, dedicated crops grown for ener gy production,
20 cellulosic agricultural residues, plant residues, methane from landfills, from agricultural
21 operations, or from wastewater treatment, thermal depolymerization or pyrolysis for
22 converting waste material to ener gy , clean and untreated wood such as pallets, hydropower
23 (not including pumped storage) that does not require a new diversion or impoundment of
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24 water and that has a nameplate rating of ten megawatts or less, fuel cells using hydrogen
25 produced by one of the above-named renewable ener gy sources, and other sources of ener gy
26 not including nuclear that become available after November 4, 2008, and are certified as
27 renewable by rule by the department ].
393.1030. 1. The commission shall, in consultation with the department, prescribe by
2 rule a portfolio requirement for all electric utilities to generate or purchase electricity
3 generated from [ renewable ] alternative ener gy resources. Such portfolio requirement shall
4 provide that electricity from [ renewable ] alternative ener gy resources shall constitute the
5 following portions of each electric utility's sales:
6 (1) No less than two percent for calendar years 201 1 through 2013;
7 (2) No less than five percent for calendar years 2014 through 2017;
8 (3) No less than ten percent for calendar years 2018 through 2020; and
9 (4) No less than fifteen percent in each calendar year beginning in 2021.
10
11 At least two percent of each portfolio requirement shall be derived from solar ener gy . The
12 portfolio requirements shall apply to all power sold to Missouri consumers whether such
13 power is self-generated or purchased from another source in or outside of this state. A utility
14 may comply with the standard in whole or in part by purchasing RECs. Each kilowatt-hour of
15 eligible ener gy generated in Missouri shall count as 1.25 kilowatt-hours for purposes of
16 compliance.
17 2. (1) This subsection applies to electric utilities with more than two hundred fifty
18 thousand but less than one million retail customers in Missouri as of the end of the calendar
19 year 2024.
20 (2) Energy meeting the criteria of the renewable energ y portfolio requirements set
21 forth in subsection 1 of this section that is generated from [ renewable ] alternative ener gy
22 resources and contracted for by an accelerated renewable buyer shall:
23 (a) Have all associated renewable ener gy certificates retired by the accelerated
24 renewable buyer , or on their behalf, and the certificates shall not be used to meet the electric
25 utility's portfolio requirements pursuant to subsection 1 of this section;
26 (b) Be excluded from the total electric utility's sales used to determine the portfolio
27 requirements pursuant to subsection 1 of this section; and
28 (c) Be used to of fset all or a portion of its electric load for purposes of determining
29 compliance with the portfolio requirements pursuant to subsection 1 of this section.
30 (3) The accelerated renewable buyer shall be exempt from any renewable ener gy
31 standard compliance costs as may be established by the utility and approved by the
32 commission, based on the amount of renewable ener gy certificates retired pursuant to this
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33 subsection in proportion to the accelerated renewable buyer's total electric ener gy
34 consumption, on an annual basis.
35 (4) An "accelerated renewable buyer" means a customer of an electric utility , with an
36 aggregate load over eighty average megawatts, that enters into a contract or contracts to
37 obtain:
38 (a) Renewable ener gy certificates from [ renewable ] alternative ener gy resources as
39 defined in section 393.1025; or
40 (b) Energy and renewable ener gy certificates from solar or wind generation resources
41 located within the Southwest Power Pool region and initially placed in commercial operation
42 after January 1, 2020, including any contract with the electric utility for such generation
43 resources that does not allocate to or recover from any other customer of the utility the cost of
44 such resources.
45 (5) Each electric utility shall certify , and verify as necessary , to the commission that
46 the accelerated renewable buyer has satisfied the exemption requirements of this subsection
47 for each year , or an accelerated renewable buyer may choose to certify satisfaction of this
48 exemption by reporting to the commission individually .
49 (6) The commission may promulgate such rules and regulations as may be necessary
50 to implement the provisions of this subsection. Any rule or portion of a rule, as that term is
51 defined in section 536.010, that is created under the authority delegated in this section shall
52 become ef fective only if it complies with and is subject to all of the provisions of chapter 536
53 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any
54 of the powers vested with the general assembly pursuant to chapter 536 to review , to delay the
55 ef fective date, or to disapprove and annul a rule are subsequently held unconstitutional, then
56 the grant of rulemaking authority and any rule proposed or adopted after August 28, 2025,
57 shall be invalid and void.
58 (7) Nothing in this section shall be construed as imposing or authorizing the
59 imposition of any reporting, regulatory , or financial burden on an accelerated renewable
60 buyer .
61 3. The commission, in consultation with the department and within one year of
62 November 4, 2008, shall select a program for tracking and verifying the trading of renewable
63 ener gy credits. An unused credit may exist for up to three years from the date of its creation.
64 A credit may be used only once to comply with sections 393.1020 to 393.1030 and may not
65 also be used to satisfy any similar nonfederal requirement. An electric utility may not use a
66 credit derived from a green pricing program. Certificates from net-metered sources shall
67 initially be owned by the customer- generator . The commission, except where the department
68 is specified, shall make whatever rules are necessary to enforce the renewable ener gy
69 standard. Such rules shall include:
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70 (1) A maximum average retail rate increase of one percent determined by estimating
71 and comparing the electric utility's cost of compliance with least-cost renewable generation
72 and the cost of continuing to generate or purchase electricity from entirely nonrenewable
73 sources, taking into proper account future environmental regulatory risk including the risk of
74 greenhouse gas regulation. Notwithstanding the foregoing, until June 30, 2020, if the
75 maximum average retail rate increase would be less than or equal to one percent if an electric
76 utility's investment in solar -related projects initiated, owned or operated by the electric utility
77 is ignored for purposes of calculating the increase, then additional solar rebates shall be paid
78 and included in rates in an amount up to the amount that would produce a retail rate increase
79 equal to the dif ference between a one percent retail rate increase and the retail rate increase
80 calculated when ignoring an electric utility's investment in solar -related projects initiated,
81 owned, or operated by the electric utility . Notwithstanding any provision to the contrary in
82 this section, even if the payment of additional solar rebates will produce a maximum average
83 retail rate increase of greater than one percent when an electric utility's investment in solar-
84 related projects initiated, owned or operated by the electric utility are included in the
85 calculation, the additional solar rebate costs shall be included in the prudently incurred costs
86 to be recovered as contemplated by subdivision (4) of this subsection;
87 (2) Penalties of at least twice the average market value of renewable ener gy credits
88 for the compliance period for failure to meet the tar gets of subsection 1 of this section. An
89 electric utility will be excused if it proves to the commission that failure was due to events
90 beyond its reasonable control that could not have been reasonably mitigated, or that the
91 maximum average retail rate increase has been reached. Penalties shall not be recovered from
92 customers. Amounts forfeited under this section shall be remitted to the department to
93 purchase renewable ener gy credits needed for compliance. Any excess forfeited revenues
94 shall be used by the division of ener gy solely for renewable ener gy and ener gy ef ficiency
95 projects;
96 (3) Provisions for an annual report to be filed by each electric utility in a format
97 suf ficient to document its progress in meeting the tar gets;
98 (4) Provision for recovery outside the context of a regular rate case of prudently
99 incurred costs and the pass-through of benefits to customers of any savings achieved by an
100 electrical corporation in meeting the requirements of this section.
101 4. As provided for in this section, except for those electrical corporations that qualify
102 for an exemption under section 393.1050, each electric utility shall make available to its retail
103 customers a solar rebate for new or expanded solar electric systems sited on customers'
104 premises, up to a maximum of twenty-five kilowatts per system, measured in direct current
105 that were confirmed by the electric utility to have become operational in compliance with the
106 provisions of section 386.890. The solar rebates shall be two dollars per watt for systems
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107 becoming operational on or before June 30, 2014; one dollar and fifty cents per watt for
108 systems becoming operational between July 1, 2014, and June 30, 2015; one dollar per watt
109 for systems becoming operational between July 1, 2015, and June 30, 2016; fifty cents per
110 watt for systems becoming operational between July 1, 2016, and June 30, 2017; fifty cents
111 per watt for systems becoming operational between July 1, 2017, and June 30, 2019; twenty-
112 five cents per watt for systems becoming operational between July 1, 2019, and June 30,
113 2020; and zero cents per watt for systems becoming operational after June 30, 2020. An
114 electric utility may , through its tarif fs, require applications for rebates to be submitted up to
115 one hundred eighty-two days prior to the June thirtieth operational date. Nothing in this
116 section shall prevent an electrical corporation from offer ing rebates after July 1, 2020,
117 through an approved tarif f. If the electric utility determines the maximum average retail rate
118 increase provided for in subdivision (1) of subsection 3 of this section will be reached in any
119 calendar year , the electric utility shall be entitled to cease paying rebates to the extent
120 necessary to avoid exceeding the maximum average retail rate increase if the electrical
121 corporation files with the commission to suspend its rebate tariff for the remainder of that
122 calendar year at least sixty days prior to the change taking ef fect. The filing with the
123 commission to suspend the electrical corporation's rebate tarif f shall include the calculation
124 reflecting that the maximum average retail rate increase will be reached and supporting
125 documentation reflecting that the maximum average retail rate increase will be reached. The
126 commission shall rule on the suspension filing within sixty days of the date it is filed. If the
127 commission determines that the maximum average retail rate increase will be reached, the
128 commission shall approve the tarif f suspension. The electric utility shall continue to process
129 and pay applicable solar rebates until a final commission ruling; however , if the continued
130 payment causes the electric utility to pay rebates that cause it to exceed the maximum average
131 retail rate increase, the expenditures shall be considered prudently incurred costs as
132 contemplated by subdivision (4) of subsection 3 of this section and shall be recoverable as
133 such by the electric utility . As a condition of receiving a rebate, customers shall transfer to
134 the electric utility all right, title, and interest in and to the renewable ener gy credits associated
135 with the new or expanded solar electric system that qualified the customer for the solar rebate
136 for a period of ten years from the date the electric utility confirmed that the solar electric
137 system was installed and operational.
138 5. The department shall, in consultation with the commission, establish by rule a
139 certification process for electricity generated from renewable resources and used to fulfill the
140 requirements of subsection 1 of this section. Certification criteria for renewable ener gy
141 generation shall be determined by factors that include fuel type, technology , and the
142 environmental impacts of the generating facility . Renewable ener gy facilities shall not cause
143 undue adverse air , water , or land use impacts, including impacts associated with the gathering
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144 of generation feedstocks. If any amount of fossil fuel is used with [ renewable ] alternative
145 ener gy resources, only the portion of electrical output attributable to [ renewable ] alternative
146 ener gy resources shall be used to fulfill the portfolio requirements.
147 6. In carrying out the provisions of this section, the commission and the department
148 shall include methane generated from the anaerobic digestion of farm animal waste and
149 thermal depolymerization or pyrolysis for converting waste material to ener gy as [ renewable ]
150 alternative ener gy resources for purposes of this section.
151 7. The commission shall have the authority to promulgate rules for the
1 5 2 implementation of this section, but only to the extent such rules are consistent with, and
153 do not delay the implementation of, the provisions of this section. Any rule or portion of a
154 rule, as that term is defined in section 536.010, that is created under the authority delegated in
155 this section shall become ef fective only if it complies with and is subject to all of the
156 provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536
157 are nonseverable and if any of the powers vested with the general assembly pursuant to
158 chapter 536 to review , to delay the ef fective date, or to disapprove and annul a rule are
159 subsequently held unconstitutional, then the grant of rulemaking authority and any rule
160 proposed or adopted after August 28, 2013, shall be invalid and void.
393.1 120. 1. The total amount of r eal prope rty associated with all solar energy
2 pr ojects that are established in any one county in this state shall not exceed an amount
3 gr eater than two percen t of all cro pland in such county , as determined by the most
4 r ecent U.S. Department of Agricultur e Census of Agricultur e, except as authorized
5 under this section.
6 2. The county commission or other authorized governing body may incr ease the
7 per centage of cr opland under subsection 1 of this section by order , ordinance,
8 r egulation, or a vote of the r esidents of the county .
9 3. Any re sident of the county shall have standing to bring suit in a circu it court
10 of pr oper venue to enfor ce the pr ovisions of subsection 1 of this section against a solar
11 energy pr oject developer if he or she believes that the cap under subsection 1 of this
12 section has been met.
13 4. For all solar energy pro jects built on or after January 1, 2027, such pr oject
14 shall be subject to setback distances of at least one thousand feet to the neare st pr operty
15 boundary , including a resi dence, chur ch, or school in existence at the time of
16 construction. Such distances shall not apply to homeowners who have re ceived a
17 written agree ment that has been signed by all affected prop erty owners within the
18 setback distance. This subsection shall not apply to solar energy pro jects built and
19 operating at capacity on or before December 31, 2026.
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20 5. A solar energy company shall secur e, thr ough pur chase or contract, all
21 pr operty rights or easements necessary for transmission and inter connection for the
22 solar energy project to connect to the electrical grid prior to beginning construction of
23 the solar energy pro ject.
523.010. 1. In case land, or other property , is sought to be appropriated by any road,
2 railroad, street railway , telephone, telegraph or any electrical corporation or ganized for the
3 manufacture or transmission of electric current for light, heat or power , including the
4 construction, when that is the case, of necessary dams and appurtenant canals, flumes, tunnels
5 and tailraces and including the erection, when that is the case, of necessary electric steam
6 powerhouses, hydroelectric powerhouses and electric substations or any oil, pipeline or gas
7 corporation engaged in the business of transporting or carrying oil, liquid fertilizer solutions,
8 or gas by means of pipes or pipelines laid underneath the surface of the ground, or other
9 corporation created under the laws of this state for public use, and such corporation and the
10 owners cannot agree upon the proper compensation to be paid, or in the case the owner is
11 incapable of contracting, be unknown, or be a nonresident of the state, such corporation may
12 apply to the circuit court of the county of this state where such land or any part thereof lies by
13 petition setting forth the general directions in which it is desired to construct its road, railroad,
14 street railway , telephone, or telegraph line or electric line, including, when that is the case, the
15 construction and maintenance of necessary dams and appurtenant canals, tunnels, flumes and
16 tailraces and, when that is the case, the appropriation of land submer ged by the construction
17 of such dam, and including the erection and maintenance, when that is the case, of necessary
18 electric steam powerhouses, hydroelectric powerhouses and electric substations, or oil,
19 pipeline, liquid fertilizer solution pipeline, or gas line over or underneath the surface of such
20 lands, a description of the real estate, or other property , which the company seeks to acquire;
21 the names of the owners thereof, if known; or if unknown, a pertinent description of the
22 property whose owners are unknown and praying the appointment of three disinterested
23 residents of the county , as commissioners, or a jury , to assess the damages which such owners
24 may severally sustain in consequence of the establishment, erection and maintenance of such
25 road, railroad, street railway , telephone, telegraph line, or electrical line including damages
26 from the construction and maintenance of necessary dams and the condemnation of land
27 submer ged thereby , and the construction and maintenance of appurtenant canals, flumes,
28 tunnels and tailraces and the erection and maintenance of necessary electric steam
29 powerhouses, hydroelectric powerhouses and electric substations, or oil, pipeline, or gas
30 line over or underneath the surface of such lands; to which petition the owners of any or all as
31 the plaintif f may elect of such parcels as lie within the county or circuit may be made parties
32 defendant by names if the names are known, and by the description of the unknown owners of
33 the land therein described if their names are unknown.
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34 2. If the proceedings seek to af fect the lands of persons under conservatorship, the
35 conservators must be made parties defendant. If the present owner of any land to be af fected
36 has less estate than a fee, the person having the next vested estate in remainder may at the
37 option of the petitioners be made party defendant; but if such remaindermen are not made
38 parties, their interest shall not be bound by the proceedings.
39 3. It shall not be necessary to make any persons party defendants in respect to their
40 ownership unless they are either in actual possession of the premises to be af fected claiming
41 title or having a title of the premises appearing of record upon the proper records of the
42 county .
43 4. Except as provided in subsection 5 of this section, nothing in this chapter shall be
44 construed to give a public utility , as defined in section 386.020, or a rural electric cooperative,
45 as provided in chapter 394, the power to condemn property which is currently used by another
46 provider of public utility service, including a municipality or a special purpose district, when
47 such property is used or useful in providing utility services, if the public utility or cooperative
48 seeking to condemn such property , directly or indirectly , will use or proposes to use the
49 property for the same purpose, or a purpose substantially similar to the purpose for which the
50 property is being used by the provider of the public utility service.
51 5. A public utility or a rural electric cooperative may only condemn the property of
52 another provider of public utility service, even if the property is used or useful in providing
53 utility services by such provider , if the condemnation is necessary for the public purpose of
54 acquiring a nonexclusive easement or right-of-way across the property of such provider and
55 only if the acquisition will not materially impair or interfere with the current use of such
56 property by the utility or cooperative and will not prevent or materially impair such provider
57 of public utility service from any future expansion of its facilities on such property .
58 6. If a public utility or rural electric cooperative seeks to condemn the property of
59 another provider of public utility service, and the conditions in subsection 4 of this section do
60 not apply , this section does not limit the condemnation powers otherwise possessed by such
61 public utility or rural electric cooperative.
62 7. Suits in inverse condemnation or involving dangerous conditions of public
63 property against a municipal corporation established under Article VI, Section 30(a) of the
64 Missouri Constitution shall be brought only in the county where such land or any part thereof
65 lies.
66 8. For purposes of this chapter , the authority for an electrical corporation as defined in
67 section 386.020, except for an electrical corporation operating under a cooperative business
68 plan as described in section 393.1 10, to condemn property for purposes of constructing an
69 electric plant subject to a certificate of public convenience and necessity under subsection 1
70 of section 393.170 shall not extend to the construction of a merchant transmission line with
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71 Federal Ener gy Regulatory Commission negotiated rate authority unless such line has a
72 substation or converter station located in Missouri which is capable of delivering an amount
73 of its electrical capacity to electrical customers in this state that is greater than or equal to the
74 proportionate number of miles of the line that passes through the state. The provisions of this
75 subsection shall not apply to applications filed pursuant to section 393.170 prior to August 28,
76 2022.
77 9. For the purposes of this chapter , the authority of any corporation set forth in
78 subsection 1 of this section to condemn prop erty shall not extend to:
79 (1) The construction or er ection of any plant, tower , panel, or facility that
80 utilizes, capture s, or converts wind or air curren ts to generate or manufactur e
81 electricity; or
82 (2) The construction or er ection of any plant, tower , panel, or facility that
83 utilizes, captur es, or converts the light or heat generated by the sun to generate or
84 manufactur e electricity .
85 10. Subject to the pro visions of subsection 8 of this section, but notwithstanding
86 the pr ovisions of subsection 9 of this section to the contrary , the authority of any
87 corporation set forth in subsection 1 of this section to condemn pr operty shall extend to
88 acquisition of rights needed to construct, operate, and maintain collection lines,
89 distribution lines, transmission lines, communications lines, substations, switchyards,
90 and other facilities needed to collect and deliver energy generated or manufactur ed by
91 the facilities described in subsection 9 of this section to the distribution or transmission
92 grid.
Section B. Because of the need to ensure that solar farms being currently constructed
2 do not cause disruption to adjoining properties, the enactment of section 67.5350 of section A
3 of this act is deemed necessary for the immediate preservation of the public health, welfare,
4 peace, and safety , and is hereby declared to be an emer gency act within the meaning of the
5 constitution, and the enactment of section 67.5350 of section A of this act shall be in full
6 force and ef fect upon its passage and approval.
✔
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