Read the full stored bill text
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
SENATE BILL NO. 1397
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR HENDERSON.
5858S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal section 644.057, RSMo, and to enact in lieu thereof two new sections relating to water
regulation.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 644.057, RSMo, is repealed and two new 1
sections enacted in lieu thereof, to be known as sections 2
644.057 and 644.083, to read as follows:3
644.057. Notwithstanding any statutory fee amounts or 1
maximums to the contrary, the director of the department of 2
natural resources may conduct a comprehensive review and 3
propose changes to the clean water fee structure set forth 4
in sections 644.052, 644.053, and 644.061. The 5
comprehensive review shall include stakeholder meetings in 6
order to solicit stakeholder input from each of the 7
following groups: agriculture, industry, municipalities, 8
public and private wastewater facilities, and the 9
development community. Upon completion of the comprehensive 10
review, the department shall submit a proposed fee structure 11
with stakeholder agreement to the clean water commission. 12
The commission shall review such recommendations at the 13
forthcoming regular or special meeting, but shall not vote 14
on the fee structure until a subsequent meeting. [In no 15
case shall the clean water commission adopt or recommend any 16
clean water fee in excess of five thousand dollars.] If the 17
SB 1397 2
commission approves, by vote of two-thirds majority or five 18
of seven commissioners, the fee structure recommendations, 19
the commission shall authorize the department to file a 20
notice of proposed rulemaking containing the recommended fee 21
structure, and after considering public comments, may 22
authorize the department to file the order of rulemaking for 23
such rule with the joint committee on administrative rules 24
pursuant to sections 536.021 and 536.024 no later than 25
December first of the same year. If such rules are not 26
disapproved by the general assembly in the manner set out 27
below, they shall take effect on January first of the 28
following calendar year and the fee structures set forth in 29
sections 644.052, 644.053, and 644.061 shall expire upon the 30
effective date of the commission-adopted fee structure, 31
contrary to section 644.054. Any regulation promulgated 32
under this subsection shall be deemed to be beyond the scope 33
and authority provided in this subsection, or detrimental to 34
permit applicants, if the general assembly, within the first 35
sixty calendar days of the regular session immediately 36
following the filing of such regulation disapproves the 37
regulation by concurrent resolution. If the general 38
assembly so disapproves any regulation filed under this 39
subsection, the department and the commission shall not 40
implement the proposed fee structure and shall continue to 41
use the previous fee structure. The authority of the 42
commission to further revise the fee structure provided by 43
this section shall expire on August 28, 2030. If the 44
commission's authority to revise the fee structure as 45
provided by this section expires, the fee structure in place 46
at the time of expiration shall remain in place. 47
644.083. 1. Notwithstanding any provision of law to 1
the contrary, a person who has contracted for the right to 2
SB 1397 3
store water in a reservoir owned by the United States Army 3
Corps of Engineers shall have exclusive rights to any return 4
flows generated directly or indirectly to that reservoir by 5
the person. The rights under by this section shall be 6
subject to regulatory requirements imposed by the state and 7
to the availability to the person of unused storage capacity 8
within the reservoir to store such return flows. 9
2. For purposes of this section, "return flow" means 10
water that is discharged directly or indirectly to a 11
reservoir from a water reclamation facility. 12
✓