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EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
[TRULY AGREED TO AND FINALLY PASSED]
SENATE SUBSTITUTE FOR
SENATE BILL NO. 1033
103RD GENERAL ASSEMBLY
2026
4510S.04T
AN ACT
To repeal sections 640.220, 643.315, and 643.350, RSMo, and to enact in lieu thereof four new
sections relating to the regulation of air quality.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 640.220, 643.315, and 643.350, RSMo, 1
are repealed and four new sections enacted in lieu thereof, to 2
be known as sections 640.220, 643.315, 643.350, and 643.675, to 3
read as follows:4
640.220. 1. For the purpose of protecting the air, 1
water and land resources of the state, there is hereby 2
created in the state treasury a fund to be known as the 3
"Natural Resources Protection Fund". All funds received 4
from air pollution permit fees, gifts, bequests, donations, 5
or any other moneys so designated shall be paid to the 6
director of the department of natural resources, transmitted 7
to the director of revenue and deposited in the state 8
treasury to the credit of an appropriate subaccount of the 9
natural resources protection fund and shall be used for the 10
purposes specified by law. The air pollution permit fee 11
revenues shall be deposited in an appropriate subaccount of 12
the natural resources protection fund and, subject to 13
appropriation by the general assembly, shall be used by the 14
department to carry out the general administration of 15
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section 643.075. The water pollution permit fee revenues 16
generated through sections 644.052, 644.053, 644.054 and 17
644.061 shall be paid to the director of the department of 18
natural resources, transmitted to the director of the 19
department of revenue and deposited to the credit of the 20
water pollution permit fee subaccount of the natural 21
resources protection fund and, subject to appropriation by 22
the general assembly, shall be used by the department to 23
carry out the administration of sections 644.006 to 644.141. 24
2. Effective July 1, 1991, and before June 30, 2027, 25
the provisions of section 33.080 to the contrary 26
notwithstanding, any unexpended balance in the subaccounts 27
of the natural resources protection fund that exceeds the 28
preceding biennium's collections shall revert to the general 29
revenue fund of the state at the end of each biennium. 30
Beginning July 1, 2027, any unexpended balance in the 31
subaccounts of the natural resources protection fund that 32
exceeds the preceding biennium's collections shall not 33
revert to the general revenue fund of the state at the end 34
of each biennium. All interest earned on the natural 35
resources protection funds shall accrue to appropriate 36
subaccounts. 37
3. Beginning July 1, 2027, and annually on July first 38
of each succeeding year, the commissioner of administration 39
shall use taxable sales reports to estimate the amount of 40
state general revenue sales and use tax derived from 41
electric power distribution (NAICS code 221122, or its 42
successor) in the immediately preceding calendar year and 43
shall report such amount to the state treasurer. The state 44
treasurer shall transfer five percent of such general 45
revenue sales and use taxes to the air pollution permit fees 46
subaccount of the natural resources protection fund and such 47
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funds, subject to appropriation by the general assembly, 48
shall be used by the department solely for the purpose of 49
funding the air pollution control program. Any provision of 50
law to the contrary notwithstanding, amounts transferred in 51
accordance with this subsection shall not revert to the 52
general revenue fund of the state at the end of each 53
biennium and shall be used solely for the purpose of funding 54
the air pollution control program. 55
643.315. 1. Except as provided in sections 643.300 to 1
643.355, all motor vehicles which are domiciled, registered 2
or primarily operated in an area for which the commission 3
has established a motor vehicle emissions inspection program 4
pursuant to sections 643.300 to 643.355 shall be inspected 5
and approved prior to sale or transfer; provided that, if 6
such vehicle is inspected and approved prior to sale or 7
transfer, such vehicle shall not be subject to another 8
emissions inspection for ninety days after the date of sale 9
or transfer of such vehicle. In addition, any such vehicle 10
manufactured as an even-numbered model year vehicle shall be 11
inspected and approved under the emissions inspection 12
program established pursuant to sections 643.300 to 643.355 13
in each even-numbered calendar year and any such vehicle 14
manufactured as an odd-numbered model year vehicle shall be 15
inspected and approved under the emissions inspection 16
program established pursuant to sections 643.300 to 643.355 17
in each odd-numbered calendar year. All motor vehicles 18
subject to the inspection requirements of sections 643.300 19
to 643.355 shall display a valid emissions inspection 20
sticker, and when applicable, a valid emissions inspection 21
certificate shall be presented at the time of registration 22
or registration renewal of such motor vehicle. The 23
department of revenue shall require evidence of the safety 24
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and emission inspection and approval required by this 25
section in issuing the motor vehicle annual registration in 26
conformity with the procedure required by sections 307.350 27
to 307.390 and sections 643.300 to 643.355. The director of 28
revenue may verify that a successful safety and emissions 29
inspection was completed via electronic means. 30
2. The inspection requirement of subsection 1 of this 31
section shall apply to all motor vehicles except: 32
(1) Motor vehicles with a manufacturer's gross vehicle 33
weight rating in excess of eight thousand five hundred 34
pounds; 35
(2) Motorcycles and motortricycles if such vehicles 36
are exempted from the motor vehicle emissions inspection 37
under federal regulation and approved by the commission by 38
rule; 39
(3) Model year vehicles manufactured prior to 1996; 40
(4) Vehicles which are powered exclusively by electric 41
or hydrogen power or by fuels other than gasoline which are 42
exempted from the motor vehicle emissions inspection under 43
federal regulation and approved by the commission by rule; 44
(5) Motor vehicles registered in an area subject to 45
the inspection requirements of sections 643.300 to 643.355 46
which are domiciled and operated exclusively in an area of 47
the state not subject to the inspection requirements of 48
sections 643.300 to 643.355, but only if the owner of such 49
vehicle presents to the department an affidavit that the 50
vehicle will be operated exclusively in an area of the state 51
not subject to the inspection requirements of sections 52
643.300 to 643.355 for the next twenty-four months, and the 53
owner applies for and receives a waiver which shall be 54
presented at the time of registration or registration 55
renewal; 56
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(6) New and unused motor vehicles, of model years of 57
the current calendar year and of any calendar year within 58
two years of such calendar year, which have an odometer 59
reading of less than six thousand miles at the time of 60
original sale by a motor vehicle manufacturer or licensed 61
motor vehicle dealer to the first user; 62
(7) Historic motor vehicles registered pursuant to 63
section 301.131; 64
(8) School buses; 65
(9) Heavy-duty diesel-powered vehicles with a gross 66
vehicle weight rating in excess of eight thousand five 67
hundred pounds; 68
(10) New motor vehicles that have not been previously 69
titled and registered, for the four-year period following 70
their model year of manufacture, provided the odometer 71
reading for such motor vehicles are under forty thousand 72
miles at their first required biennial safety inspection 73
conducted under sections 307.350 to 307.390; otherwise such 74
motor vehicles shall be subject to the emissions inspection 75
requirements of subsection 1 of this section during the same 76
period that the biennial safety inspection is conducted; 77
(11) Motor vehicles that are driven fewer than twelve 78
thousand miles between biennial safety inspections; [and] 79
(12) Qualified plug-in electric drive vehicles. For 80
the purposes of this section, "qualified plug-in electric 81
drive vehicle" shall mean a plug-in electric drive vehicle 82
that is made by a manufacturer, has not been modified from 83
original manufacturer specifications, and can operate solely 84
on electric power and is capable of recharging its battery 85
from an on-board generation source and an off-board 86
electricity source; and 87
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(13) Motor vehicles over ten years old that are 88
registered as local commercial motor vehicles used for farm 89
or farming transportation operations, as described in 90
section 301.010, or that are otherwise defined as covered 91
farm vehicles under federal laws and regulations. 92
3. The commission may, by rule, allow inspection 93
reciprocity with other states having equivalent or more 94
stringent testing and waiver requirements than those 95
established pursuant to sections 643.300 to 643.355. 96
4. (1) At the time of sale, a licensed motor vehicle 97
dealer, as defined in section 301.550, may choose to sell a 98
motor vehicle subject to the inspection requirements of 99
sections 643.300 to 643.355 either: 100
(a) With prior inspection and approval as provided in 101
subdivision (2) of this subsection; or 102
(b) Without prior inspection and approval as provided 103
in subdivision (3) of this subsection. 104
(2) If the dealer chooses to sell the vehicle with 105
prior inspection and approval, the dealer shall disclose, in 106
writing, prior to sale, whether the vehicle obtained 107
approval by meeting the emissions standards established 108
pursuant to sections 643.300 to 643.355 or by obtaining a 109
waiver pursuant to section 643.335. A vehicle sold pursuant 110
to this subdivision by a licensed motor vehicle dealer shall 111
be inspected and approved within the one hundred twenty days 112
immediately preceding the date of sale, and, for the purpose 113
of registration of such vehicle, such inspection shall be 114
considered timely. 115
(3) If the dealer chooses to sell the vehicle without 116
prior inspection and approval, the purchaser may return the 117
vehicle within ten days of the date of purchase, provided 118
that the vehicle has no more than one thousand additional 119
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miles since the time of sale, if the vehicle fails, upon 120
inspection, to meet the emissions standards specified by the 121
commission and the dealer shall have the vehicle inspected 122
and approved without the option for a waiver of the 123
emissions standard and return the vehicle to the purchaser 124
with a valid emissions certificate and sticker within five 125
working days or the purchaser and dealer may enter into any 126
other mutually acceptable agreement. If the dealer chooses 127
to sell the vehicle without prior inspection and approval, 128
the dealer shall disclose conspicuously on the sales 129
contract and bill of sale that the purchaser has the option 130
to return the vehicle within ten days, provided that the 131
vehicle has no more than one thousand additional miles since 132
the time of sale, to have the dealer repair the vehicle and 133
provide an emissions certificate and sticker within five 134
working days if the vehicle fails, upon inspection, to meet 135
the emissions standards established by the commission, or 136
enter into any mutually acceptable agreement with the 137
dealer. A violation of this subdivision shall be an 138
unlawful practice as defined in section 407.020. No 139
emissions inspection shall be required pursuant to sections 140
643.300 to 643.360 for the sale of any motor vehicle which 141
may be sold without a certificate of inspection and 142
approval, as provided pursuant to subsection 2 of section 143
307.380. 144
643.350. 1. A fee, not to exceed twenty-four dollars, 1
may be charged for an emissions inspection conducted under 2
the emissions inspection program established pursuant to 3
sections 643.300 to 643.355. 4
2. The fee shall be conspicuously posted on the 5
premises of each emissions inspection station. 6
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3. The commission shall establish, by rule, the 7
portion of the fee amount to be remitted by the emission 8
inspection station to the director of revenue and the number 9
of days allowed for remitting fees. 10
4. The official emission inspection station shall 11
remit the portion of fees collected, as established by the 12
commission pursuant to this section, to the state treasurer 13
within the time period established by the commission. The 14
state treasurer shall deposit the fees received in the state 15
treasury to the credit of the "Missouri Air Emission 16
Reduction Fund", which is hereby created. Moneys in the 17
fund shall, subject to appropriation, be expended for the 18
administration and enforcement of sections 643.300 to 19
643.355 by the department of natural resources, the Missouri 20
highway patrol, and other appropriate agencies. Any balance 21
in the fund at the end of the biennium shall remain in the 22
fund and shall not be subject to the provisions of section 23
33.080. All interest earned by moneys in the fund shall 24
accrue to the fund. [If in the immediate previous fiscal 25
year, the state's net general revenue did not increase by 26
two percent or more, the state treasurer may deposit moneys, 27
except for gifts, donations, or bequests, received under 28
this section beginning January first of the current fiscal 29
year into the state general revenue fund. Otherwise, the 30
state treasurer shall deposit such moneys in accordance with 31
the provisions of this section.] 32
5. In addition to funds from the Missouri air emission 33
reduction fund, costs of capital or operations may be 34
supplemented, upon appropriation, from the general revenue 35
fund, the state highway department fund, federal funds or 36
other funds available for that purpose. 37
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643.675. 1. For purposes of this section, the 1
following terms mean: 2
(1) "Air dispersion modeling", the process of 3
simulating particle matter dispersion from an emission point 4
to help predict downwind concentrations to ensure compliance 5
with air quality standards, considering factors like wind, 6
terrain, and building effects, in order to assess health 7
impacts and manage pollution; 8
(2) "Cotton gin", a machine that separates cotton 9
fibers from cotton seeds; 10
(3) "Department", the Missouri department of natural 11
resources. 12
2. Notwithstanding any law, rule, order, decision, 13
permit, agreement, or other relevant authority to the 14
contrary, an owner or operator of a cotton gin that is not a 15
class A source, as defined in section 643.020, shall not be 16
required to submit air dispersion modeling to the department 17
in order to obtain a construction permit for the cotton gin. 18
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