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SECOND REGULAR SESSION
SENATE BILL NO. 1714
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR MCCREERY .
7134S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal section 393.130, RSMo, and to enact in lieu thereof one new section relating to
prohibited charges by public utilities to customers.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 393.130, RSMo, is repealed and one new 1
section enacted in lieu thereof, to be known as section 393.130, 2
to read as follows:3
393.130. 1. Every gas corporation, every electrical 1
corporation, every water corporation, and every sewer 2
corporation shall furnish and provide such service 3
instrumentalities and facilities as shall be safe and 4
adequate and in all respects just and reasonable. All 5
charges made or demanded by any such gas corporation, 6
electrical corporation, water corporation or sewer 7
corporation for gas, electricity, water, sewer or any 8
service rendered or to be rendered shall be just and 9
reasonable and not more than allowed by law or by order or 10
decision of the commission. Every unjust or unreasonable 11
charge made or demanded for gas, electricity, water, sewer 12
or any such service, or in connection therewith, or in 13
excess of that allowed by law or by order or decision of the 14
commission is prohibited. Such unjust or unreasonable 15
charges shall include charges or fees for: 16
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(1) Any promotional advertising expenses by a gas 17
corporation, electrical corporation, water corporation, or 18
sewer corporation; 19
(2) Any charitable expenses by a gas corporation, 20
electrical corporation, water corporation, or sewer 21
corporation; and 22
(3) Any expenses by a gas corporation, electrical 23
corporation, water corporation, or sewer corporation for 24
lobbying purposes, including, but not limited to, any fees 25
or dues paid by a gas corporation, electrical corporation, 26
water corporation, or sewer corporation to trade 27
organizations that perform lobbying services at the federal, 28
state, or local level. 29
2. No gas corporation, electrical corporation, water 30
corporation or sewer corporation shall directly or 31
indirectly by any special rate, rebate, drawback or other 32
device or method, charge, demand, collect or receive from 33
any person or corporation a greater or less compensation for 34
gas, electricity, water, sewer or for any service rendered 35
or to be rendered or in connection therewith, except as 36
authorized in this chapter, than it charges, demands, 37
collects or receives from any other person or corporation 38
for doing a like and contemporaneous service with respect 39
thereto under the same or substantially similar 40
circumstances or conditions. 41
3. No gas corporation, electrical corporation, water 42
corporation or sewer corporation shall make or grant any 43
undue or unreasonable preference or advantage to any person, 44
corporation or locality, or to any particular description of 45
service in any respect whatsoever, or subject any particular 46
person, corporation or locality or any particular 47
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description of service to any undue or unreasonable 48
prejudice or disadvantage in any respect whatsoever. 49
4. Nothing in this section shall be taken to prohibit 50
a gas corporation, electrical corporation, water corporation 51
or sewer corporation from establishing a sliding scale for a 52
fixed period for the automatic adjustment of charges for 53
gas, electricity, water, sewer or any service rendered or to 54
be rendered and the dividends to be paid stockholders of 55
such gas corporation, electrical corporation, water 56
corporation or sewer corporation; provided, that the sliding 57
scale shall first have been filed with and approved by the 58
commission; but nothing in this subsection shall operate to 59
prevent the commission after the expiration of such fixed 60
period from fixing proper, just and reasonable rates and 61
charges to be made for service as authorized in sections 62
393.110 to 393.285. 63
5. No water corporation shall be permitted to charge 64
any municipality or fire protection district a rate for the 65
placing and providing of fire hydrants for distribution of 66
water for use in protecting life and property from the 67
hazards of fire within such municipality or fire protection 68
district. Nothing herein shall prevent such water 69
corporation from including the cost of placement and 70
maintenance of such fire hydrants in its cost basis in 71
determining a fair and reasonable rate to be charged for 72
water. Any such fee or rental charge being made for such 73
fire hydrants whether by contract or otherwise at the time 74
this act shall take effect may remain in effect for a period 75
of one hundred twenty days after this section shall take 76
effect. 77
6. In any home rule city with more than four hundred 78
thousand inhabitants and located in more than one county, 79
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any deposits held by the city for any water or sewerage 80
services provided to a customer at any premises shall accrue 81
interest if the customer is current in payments for water 82
and sewerage services and if the city has held the deposit 83
for two or more years. Interest for each year, or part 84
thereof, shall accrue at the rate set for six month United 85
States treasury bills effective December thirty-first of the 86
preceding year. For any deposit held by the city on or 87
before the December thirty-first prior to August 28, 2002, 88
if that deposit is still held by the city on the December 89
thirty-first one year next following August 28, 2002, 90
interest accruing pursuant to this section from the 91
effective date shall be credited to the customer's 92
individual account, or paid to the customer, at the city's 93
discretion. 94
7. Each electrical corporation providing electric 95
service to more than two hundred fifty thousand customers 96
shall develop and submit to the commission schedules to 97
include in the electrical corporation's service tariff 98
applicable to customers who are reasonably projected to have 99
above an annual peak demand of one hundred megawatts or 100
more. The schedules should reasonably ensure such 101
customers' rates will reflect the customers' representative 102
share of the costs incurred to serve the customers and 103
prevent other customer classes' rates from reflecting any 104
unjust or unreasonable costs arising from service to such 105
customers. Each electrical corporation providing electric 106
service to two hundred fifty thousand or fewer customers as 107
of January 1, 2025, shall develop and submit to the 108
commission such schedules applicable to customers who are 109
reasonably projected to have above an annual peak demand of 110
fifty megawatts or more. The commission may order 111
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electrical corporations to submit similar tariffs to 112
reasonably ensure that the rates of customers who are 113
reasonably projected to have annual peak demands below the 114
above-referenced levels will reflect the customers' 115
representative share of the costs incurred to serve the 116
customers and prevent other customer classes' rates from 117
reflecting any unjust or unreasonable costs arising from 118
service to such customers. 119
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