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SECOND REGULAR SESSION
HOUSE BILL NO. 3295
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE BUTZ.
7190H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal section 644.021, RSMo, and to enact in lieu thereof one new section relating to
membership requirements of the clean water commission.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 644.021, RSMo, is repealed and one new section enacted in lieu
2 thereof, to be known as section 644.021, to read as follows:
644.021. 1. There is hereby created a water contaminant control agency to be known
2 as the "Clean W ater Commission of the State of Missouri", whose domicile for the purposes
3 of sections 644.006 to 644.141 shall be deemed to be that of the department of natural
4 resources. The commission shall consist of seven members appointed by the governor with
5 the advice and consent of the senate. No more than four of the members shall belong to the
6 same political party . All members shall be representative of the general interest of the public
7 and shall have an interest in and knowledge of conservation and the ef fects and control of
8 water contaminants. [ At least two members shall be knowledgeable concerning the needs of
9 agriculture, industry or mining and interested in protecting these needs ] Each member of the
10 commission shall serve in a manner consistent with the purposes of sections 644.006 to
11 644.141[ . One member shall be knowledgeable concerning the needs of publicly owned
12 wastewater treatment works. No more than four members shall represent the public. No
13 member shall receive, or have received during the previous two years, a significant portion of
14 his or her income directly or indirectly from permit holders or applicants for a permit pursuant
15 to any federal water pollution control act as amended and as applicable to this state ] and the
16 commission shall be comprised of the following members:
17 (1) One member knowledgeable concerning the needs of agricultur e;
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 (2) One member knowledgeable concerning the needs of industry or mining;
19 (3) One member knowledgeable concerning the needs of publicly owned
20 wastewater tr eatment works; and
21 (4) Four members rep res enting the public .
22
23 All members appointed on or after August 28, 2002, shall have demonstrated an interest and
24 knowledge about water quality . All members appointed on or after August 28, 2002, shall be
25 qualified by interest, education, training or experience to provide, assess and evaluate
26 scientific and technical information concerning water quality , financial requirements and the
27 ef fects of the promulgation of standards, rules and regulations. At the first meeting of the
28 commission and [ at yearly intervals ] annually thereafter , the members shall select from
29 among themselves a chairman and a vice chairman. The governor shall not appoint any
30 person who has a substantial interes t, as defined in section 105.450, in any business
31 entity r egulated under this chapter or any business entity which would be reg ulated
32 under this chapter if located in the state. The commission shall establish rules which
33 specify when members shall exempt themselves fr om participating in discussions and
34 fr om voting on issues before the commission due to potential conflict of interes t. Prior
35 to any vote on any variance, appeal, or order , the commission shall adopt a rule to
36 exclude fr om such vote any member with a conflict of interes t. Any person may appeal
37 the appointment of a member on the gr ounds of conflict of inter est. A member of the
38 commission has a conflict of inter est when he or she is able to utilize the commission to
39 obtain a personal or pr ofessional benefit outside the jurisdiction of the commission. Any
40 rule or portion of a rule, as that term is defined in section 536.010, that is creat ed under
41 the authority delegated in this section shall become effective only if it complies with and
42 is subject to all of the pr ovisions of chapter 536 and, if applicable, section 536.028. This
43 section and chapter 536 are nonseverable and if any of the powers vested with the
44 general assembly pursuant to chapter 536 to revie w , to delay the effective date, or to
45 disappr ove and annul a rule ar e subsequently held unconstitutional, then the grant of
46 rulemaking authority and any rule pr oposed or adopted after August 28, 2026, shall be
47 invalid and void.
48 2. The members' terms of of fice shall be four years and until their successors are
49 selected and qualified. Provided, however , that the first three members appointed shall serve
50 a term of two years, the next three members appointed shall serve a term of four years,
51 thereafter all members appointed shall serve a term of four years. There is no limitation on
52 the number of terms any appointed member may serve. If a vacancy occurs the governor may
53 appoint a member for the remaining portion of the unexpired term created by the vacancy .
54 The governor may remove any appointed member for cause. The members of the
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55 commission shall be reimbursed for travel and other expenses actually and necessarily
56 incurred in the performance of their duties.
57 3. The commission shall hold at least four regular meetings each year and such
58 additional meetings as the chairman deems desirable at a place and time to be fixed by the
59 chairman. Special meetings may be called by three members of the commission upon
60 delivery of written notice to each member of the commission. Reasonable written notice of
61 all meetings shall be given by the director to all members of the commission. Four members
62 of the commission shall constitute a quorum. All powers and duties conferred specifically
63 upon members of the commission shall be exercised personally by the members and not by
64 alternates or representatives. All actions of the commission shall be taken at meetings open to
65 the public. Any member absent from [ six ] four consecutive regular commission meetings for
66 any cause whatsoever shall be deemed to have resigned and the vacancy shall be filled
67 immediately in accordance with subsection [ 1 ] 2 of this section.
✔
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