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
[PERFECTED]
SENATE SUBSTITUTE FOR
SENATE COMMITTEE SUBSTITUTE FOR
SENATE BILL NO. 838
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR CIERPIOT.
4751S.05P KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 260.035, 393.1025, and 393.1030, RSMo, and to enact in lieu thereof six new
sections relating to electric utilities.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 260.035, 393.1025, and 393.1030, 1
RSMo, are repealed and six new sections enacted in lieu thereof, 2
to be known as sections 227.241, 260.035, 393.1025, 393.1030, 3
393.1905, and 393.1910, to read as follows:4
227.241. 1. For the purposes of this section, 1
"electric transmissions facilities" shall include public 2
utilities, investor owned utilities, utility cooperatives, 3
municipal utilities, transmission only entities, and 4
merchant transmission line developers. 5
2. For the purposes of this section, the term 6
"highway" shall mean the public thoroughfare for vehicles, 7
including public interstate highways, freeways, controlled 8
access highways, and state and county highways. 9
3. Within highway rights-of-way, subject to reasonable 10
engineering, safety, and access requirements, the commission 11
and the department of transportation shall allow the 12
installation, operation, and maintenance of electric 13
SS SCS SB 838 2
transmission facilities, including high voltage and 14
interstate transmission facilities. 15
4. The commission and the Missouri department of 16
transportation shall develop uniform criteria for 17
longitudinal and parallel colocation of transmission 18
facilities within highway rights-of-way. 19
5. The duties of the commission and the department 20
shall include: 21
(1) Providing reasonable timelines and procedures for 22
review and approval of colocation requests; 23
(2) Ensuring the safety of the public and 24
infrastructure; 25
(3) Avoiding duplication of corridors where colocation 26
is feasible; and 27
(4) Imposing reasonable conditions for construction, 28
right-of-way access, maintenance coordination, and 29
restoration but shall not interfere with colocation. 30
6. The commission and department shall promulgate and 31
enforce reasonable rules and regulations to implement the 32
provisions of this section. Any rule or portion of a rule, 33
as that term is defined in section 536.010, that is created 34
under the authority delegated in this section shall become 35
effective only if it complies with and is subject to all of 36
the provisions of chapter 536 and, if applicable, section 37
536.028. This section and chapter 536 are nonseverable and 38
if any of the powers vested with the general assembly 39
pursuant to chapter 536 to review, to delay the effective 40
date, or to disapprove and annul a rule are subsequently 41
held unconstitutional, then the grant of rulemaking 42
authority and any rule proposed or adopted after August 28, 43
2026, shall be invalid and void. 44
SS SCS SB 838 3
260.035. 1. The authority is hereby granted and may 1
exercise all powers necessary or appropriate to carry out 2
and effectuate its purposes pursuant to the provisions of 3
sections 260.005 to 260.125, including, but not limited to, 4
the following: 5
(1) To adopt bylaws and rules after having held public 6
hearings thereon for the regulation of its affairs and the 7
conduct of its business; 8
(2) To adopt an official seal; 9
(3) To maintain a principal office and such other 10
offices within the state as it may designate; 11
(4) To sue and be sued; 12
(5) To make and execute leases, contracts, releases, 13
compromises, and other instruments necessary or convenient 14
for the exercise of its powers or to carry out its purposes; 15
(6) To acquire, construct, reconstruct, enlarge, 16
improve, furnish, equip, maintain, repair, operate, lease, 17
finance, and sell equipment, structures, systems, and 18
projects and to lease the same to any private person, firm, 19
or corporation, or to any public body, political 20
subdivision, or municipal corporation. Any such lease may 21
provide for the construction of the project by the lessee; 22
(7) To issue bonds and notes as hereinafter provided 23
and to make, purchase, or participate in the purchase of 24
loans or municipal obligations and to guarantee loans to 25
finance the acquisition, construction, reconstruction, 26
enlargement, improvement, furnishing, equipping, 27
maintaining, repairing, operating, or leasing of a project; 28
(8) To invest any funds not required for immediate 29
disbursement in obligations of the state of Missouri or of 30
the United States or any agency or instrumentality thereof, 31
or in bank certificates of deposit; provided, however, the 32
SS SCS SB 838 4
foregoing limitations on investments shall not apply to 33
proceeds acquired from the sale of bonds or notes which are 34
held by a corporate trustee pursuant to section 260.060; 35
(9) To acquire by gift or purchase, hold and dispose 36
of real and personal property in the exercise of its powers 37
and the performance of its duties hereunder; 38
(10) To employ managers and other employees and retain 39
or contract with architects, engineers, accountants, 40
financial consultants, attorneys, and such other persons, 41
firms, or corporations who are necessary in its judgment to 42
carry out its duties, and to fix the compensation thereof; 43
(11) To receive and accept appropriations, bequests, 44
gifts, and grants and to utilize or dispose of the same to 45
carry out its purposes pursuant to the provisions of 46
sections 260.005 to 260.125; 47
(12) To engage in research and development with 48
respect to pollution control facilities and solid waste or 49
sewage disposal facilities, water facilities, resource 50
recovery facilities, and the development of energy resources; 51
(13) To collect rentals, fees, and other charges in 52
connection with its services or for the use of any project 53
hereunder; 54
(14) To sell at private sale any of its property or 55
projects to any private person, firm, or corporation, or to 56
any public body, political subdivision, or municipal 57
corporation, on such terms as it deems advisable, including 58
the right to receive for such sale the note or notes of any 59
such person to whom the sale is made. Any such sale shall 60
provide for payments adequate to pay the principal of and 61
interest and premiums, if any, on the bonds or notes issued 62
to finance such project or portion thereof. Any such sale 63
SS SCS SB 838 5
may provide for the construction of the project by the 64
purchaser of the project; 65
(15) To make, purchase, or participate in the purchase 66
of loans to finance the development and marketing of: 67
(a) Means of energy production utilizing energy 68
sources other than fossil [or nuclear] fuel, including, but 69
not limited to, wind, water, solar, biomass, solid waste, 70
and other renewable energy resource technologies; 71
(b) Fossil fuels and recycled fossil fuels which are 72
indigenous energy resources produced in the state of 73
Missouri, including coal, heavy oil, and tar sands; and 74
(c) Synthetic fuels produced in the state of Missouri; 75
(16) To insure any loan, the funds of which are to be 76
used for the development and marketing of energy resources 77
as authorized by sections 260.005 to 260.125; 78
(17) To make temporary loans, with or without 79
interest, but with such security for repayment as the 80
authority deems reasonably necessary and practicable, to 81
defray development costs of energy resource development 82
projects; 83
(18) To collect reasonable fees and charges in 84
connection with making and servicing its loans, notes, bonds 85
and obligations, commitments, and other evidences of 86
indebtedness made, issued or entered into to develop energy 87
resources, and in connection with providing technical, 88
consultative, and project assistance services in the area of 89
energy development. Such fees and charges shall be limited 90
to the amounts required to pay the costs of the authority, 91
including operating and administrative expenses, and 92
reasonable allowance for losses which may be incurred; 93
(19) To enter into agreements or other transactions 94
with any federal or state agency, any person and any 95
SS SCS SB 838 6
domestic or foreign partnership, corporation, association, 96
or organization to carry out the provisions of sections 97
260.005 to 260.125; 98
(20) To sell, at public or private sale, any mortgage 99
and any real or personal property subject to that mortgage, 100
negotiable instrument, or obligation securing any loan; 101
(21) To procure insurance against any loss in 102
connection with its property in such amounts, and from such 103
insurers, as may be necessary or desirable; 104
(22) To consent to the modification of the rate of 105
interest, time of payment for any installment of principal 106
or interest, or any other terms, of any loan, loan 107
commitment, temporary loan, contract, or agreement made 108
directly by the authority; 109
(23) To make and publish rules and regulations 110
concerning its lending, insurance of loans, and temporary 111
lending to defray development costs, along with such other 112
rules and regulations as are necessary to effectuate its 113
purposes. No rule or portion of a rule promulgated under 114
the authority of sections 260.005 to 260.125 shall become 115
effective unless it has been promulgated pursuant to the 116
provisions of section 536.024; 117
(24) To borrow money to carry out and effectuate its 118
purpose in the area of energy resource development and to 119
issue its negotiable bonds or notes as evidence of any such 120
borrowing in such principal amounts and upon such terms as 121
shall be determined by the authority, and to secure such 122
bonds or notes by the pledge of revenues, mortgages, or 123
notes of others as authorized by sections 260.005 to 260.125. 124
2. The authority shall develop a hazardous waste 125
facility if the study required in section 260.037 126
demonstrates that a facility is economically feasible. The 127
SS SCS SB 838 7
facility, which shall not include a hazardous waste 128
landfill, may be operated by any eligible party as specified 129
in this section. The authority shall begin development of 130
the facility by July 1, 1985. 131
3. All employees of the authority shall be eligible 132
for membership in the Missouri state employees' retirement 133
system, subject to all provisions in chapters 104 and 105 134
applicable to the system. 135
393.1025. As used in sections 393.1020 to 393.1030, 1
the following terms mean: 2
(1) "Commission", the public service commission; 3
(2) "Department", the department of [economic 4
development] natural resources; 5
(3) "Electric utility", any electrical corporation as 6
defined by section 386.020; 7
(4) "Eligible battery energy storage system", a 8
battery system that captures renewable energy, stores it, 9
and dispatches the energy back into the bulk power system or 10
the electric utility's distribution system and accredited by 11
the electric utility's relevant regional transmission 12
organization or independent system operator in resource 13
adequacy determinations; 14
(5) "Renewable energy credit" or "REC", a tradeable 15
certificate of proof that one megawatt-hour of electricity 16
has been generated from renewable energy [sources] 17
resources; [and 18
(5)] (6) "Renewable energy resources", electric energy 19
produced from wind, solar thermal sources, photovoltaic 20
cells and panels, dedicated crops grown for energy 21
production, cellulosic agricultural residues, plant 22
residues, methane from landfills, from agricultural 23
operations, or from wastewater treatment, thermal 24
SS SCS SB 838 8
depolymerization or pyrolysis for converting waste material 25
to energy, clean and untreated wood such as pallets, 26
hydropower (not including pumped storage) that does not 27
require a new diversion or impoundment of water and that has 28
a nameplate rating of ten megawatts or less, fuel cells 29
using hydrogen produced by one of the above-named renewable 30
energy sources, and other sources of energy not including 31
nuclear that become available after November 4, 2008, and 32
are certified as renewable by rule by the department. 33
393.1030. 1. The commission shall, in consultation 1
with the department, prescribe by rule a portfolio 2
requirement for all electric utilities to generate or 3
purchase electricity generated from renewable energy 4
resources. Such portfolio requirement shall provide that 5
electricity from renewable energy resources shall constitute 6
the following portions of each electric utility's sales: 7
(1) No less than two percent for calendar years 2011 8
through 2013; 9
(2) No less than five percent for calendar years 2014 10
through 2017; 11
(3) No less than ten percent for calendar years 2018 12
through 2020; and 13
(4) No less than fifteen percent in each calendar year 14
beginning in 2021. 15
At least two percent of each portfolio requirement shall be 16
derived from solar energy. The portfolio requirements shall 17
apply to all power sold to Missouri consumers whether such 18
power is self-generated or purchased from another source in 19
or outside of this state. A utility may comply with the 20
standard in whole or in part by purchasing RECs. Each 21
kilowatt-hour of eligible energy generated in Missouri shall 22
SS SCS SB 838 9
count as 1.25 kilowatt-hours for purposes of compliance. 23
Each kilowatt-hour of renewable energy generated and stored 24
using an eligible battery energy storage system located in 25
the state that becomes operational after December 31, 2026, 26
shall count as an additional twenty-five hundredth kilowatt- 27
hours, for a total of one and fifty hundredths kilowatt- 28
hours for purposes of compliance. 29
2. (1) [This subsection applies to electric utilities 30
with more than two hundred fifty thousand but less than one 31
million retail customers in Missouri as of the end of the 32
calendar year 2024. 33
(2)] Energy meeting the criteria of the renewable 34
energy portfolio requirements set forth in subsection 1 of 35
this section that is generated from renewable energy 36
resources and contracted for by an accelerated renewable 37
buyer shall: 38
(a) Have all associated renewable energy certificates 39
retired by the accelerated renewable buyer, or on their 40
behalf, and the certificates shall not be used to meet the 41
electric utility's portfolio requirements pursuant to 42
subsection 1 of this section; 43
(b) Be excluded from the total electric utility's 44
sales used to determine the portfolio requirements pursuant 45
to subsection 1 of this section; and 46
(c) Be used to offset all or a portion of its electric 47
load for purposes of determining compliance with the 48
portfolio requirements pursuant to subsection 1 of this 49
section. 50
[(3)] (2) The accelerated renewable buyer shall be 51
exempt from any renewable energy standard compliance costs 52
as may be established by the utility and approved by the 53
commission, based on the amount of renewable energy 54
SS SCS SB 838 10
certificates retired pursuant to this subsection in 55
proportion to the accelerated renewable buyer's total 56
electric energy consumption, on an annual basis. 57
[(4)] (3) An "accelerated renewable buyer" means a 58
customer of an electric utility, with an aggregate load over 59
[eighty] seventy-five average megawatts[,] or that is served 60
under a tariff approved by the commission under subsection 7 61
of section 393.130 that enters into a contract or contracts 62
to obtain: 63
(a) Renewable energy certificates from renewable 64
energy resources as defined in section 393.1025; or 65
(b) Energy and renewable energy certificates from 66
solar or wind generation resources located within the 67
[Southwest Power Pool] electric utility's relevant regional 68
transmission organization or independent system operator 69
region and initially placed in commercial operation after 70
January 1, 2020, including any contract with the electric 71
utility for such generation resources that does not allocate 72
to or recover from any other customer of the utility the 73
cost of such resources. 74
[(5)] (4) Each electric utility shall certify, and 75
verify as necessary, to the commission that the accelerated 76
renewable buyer has satisfied the exemption requirements of 77
this subsection for each year, or an accelerated renewable 78
buyer may choose to certify satisfaction of this exemption 79
by reporting to the commission individually. 80
[(6)] (5) The commission may promulgate such rules and 81
regulations as may be necessary to implement the provisions 82
of this subsection. Any rule or portion of a rule, as that 83
term is defined in section 536.010, that is created under 84
the authority delegated in this section shall become 85
effective only if it complies with and is subject to all of 86
SS SCS SB 838 11
the provisions of chapter 536 and, if applicable, section 87
536.028. This section and chapter 536 are nonseverable and 88
if any of the powers vested with the general assembly 89
pursuant to chapter 536 to review, to delay the effective 90
date, or to disapprove and annul a rule are subsequently 91
held unconstitutional, then the grant of rulemaking 92
authority and any rule proposed or adopted after August 28, 93
2025, shall be invalid and void. 94
[(7)] (6) Nothing in this section shall be construed 95
as imposing or authorizing the imposition of any reporting, 96
regulatory, or financial burden on an accelerated renewable 97
buyer. 98
3. The commission, in consultation with the department 99
and within one year of November 4, 2008, shall select a 100
program for tracking and verifying the trading of renewable 101
energy credits. An unused credit may exist for up to three 102
years from the date of its creation. A renewable energy 103
credit may be used only once to comply with sections 104
393.1020 to 393.1030 and may not also be used to satisfy any 105
similar nonfederal requirement. An electric utility may not 106
use a credit derived from a green pricing program. 107
Certificates from net-metered sources shall initially be 108
owned by the customer-generator. The commission, except 109
where the department is specified, shall make whatever rules 110
are necessary to enforce the renewable energy standard. 111
Such rules shall include: 112
(1) A maximum average retail rate increase of one 113
percent determined by estimating and comparing the electric 114
utility's cost of compliance with least-cost renewable 115
generation and the cost of continuing to generate or 116
purchase electricity from entirely nonrenewable sources, 117
taking into proper account future environmental regulatory 118
SS SCS SB 838 12
risk including the risk of greenhouse gas regulation. 119
Notwithstanding the foregoing, until June 30, 2020, if the 120
maximum average retail rate increase would be less than or 121
equal to one percent if an electric utility's investment in 122
solar-related projects initiated, owned or operated by the 123
electric utility is ignored for purposes of calculating the 124
increase, then additional solar rebates shall be paid and 125
included in rates in an amount up to the amount that would 126
produce a retail rate increase equal to the difference 127
between a one percent retail rate increase and the retail 128
rate increase calculated when ignoring an electric utility's 129
investment in solar-related projects initiated, owned, or 130
operated by the electric utility. Notwithstanding any 131
provision to the contrary in this section, even if the 132
payment of additional solar rebates will produce a maximum 133
average retail rate increase of greater than one percent 134
when an electric utility's investment in solar-related 135
projects initiated, owned or operated by the electric 136
utility are included in the calculation, the additional 137
solar rebate costs shall be included in the prudently 138
incurred costs to be recovered as contemplated by 139
subdivision (4) of this subsection; 140
(2) Penalties of at least twice the average market 141
value of renewable energy credits for the compliance period 142
for failure to meet the targets of subsection 1 of this 143
section. An electric utility will be excused if it proves 144
to the commission that failure was due to events beyond its 145
reasonable control that could not have been reasonably 146
mitigated, or that the maximum average retail rate increase 147
has been reached. Penalties shall not be recovered from 148
customers. Amounts forfeited under this section shall be 149
remitted to the department to purchase renewable energy 150
SS SCS SB 838 13
credits needed for compliance. Any excess forfeited 151
revenues shall be used by the division of energy solely for 152
renewable energy and energy efficiency projects; 153
(3) Provisions for an annual report to be filed by 154
each electric utility in a format sufficient to document its 155
progress in meeting the targets; 156
(4) Provision for recovery outside the context of a 157
regular rate case of prudently incurred costs and the pass- 158
through of benefits to customers of any savings achieved by 159
an electrical corporation in meeting the requirements of 160
this section. 161
4. As provided for in this section, except for those 162
electrical corporations that qualify for an exemption under 163
section 393.1050, each electric utility shall make available 164
to its retail customers a solar rebate for new or expanded 165
solar electric systems sited on customers' premises, up to a 166
maximum of twenty-five kilowatts per system, measured in 167
direct current that were confirmed by the electric utility 168
to have become operational in compliance with the provisions 169
of section 386.890. The solar rebates shall be two dollars 170
per watt for systems becoming operational on or before June 171
30, 2014; one dollar and fifty cents per watt for systems 172
becoming operational between July 1, 2014, and June 30, 173
2015; one dollar per watt for systems becoming operational 174
between July 1, 2015, and June 30, 2016; fifty cents per 175
watt for systems becoming operational between July 1, 2016, 176
and June 30, 2017; fifty cents per watt for systems becoming 177
operational between July 1, 2017, and June 30, 2019; twenty- 178
five cents per watt for systems becoming operational between 179
July 1, 2019, and June 30, 2020; and zero cents per watt for 180
systems becoming operational after June 30, 2020. An 181
electric utility may, through its tariffs, require 182
SS SCS SB 838 14
applications for rebates to be submitted up to one hundred 183
eighty-two days prior to the June thirtieth operational 184
date. Nothing in this section shall prevent an electrical 185
corporation from offering rebates after July 1, 2020, 186
through an approved tariff. If the electric utility 187
determines the maximum average retail rate increase provided 188
for in subdivision (1) of subsection 3 of this section will 189
be reached in any calendar year, the electric utility shall 190
be entitled to cease paying rebates to the extent necessary 191
to avoid exceeding the maximum average retail rate increase 192
if the electrical corporation files with the commission to 193
suspend its rebate tariff for the remainder of that calendar 194
year at least sixty days prior to the change taking effect. 195
The filing with the commission to suspend the electrical 196
corporation's rebate tariff shall include the calculation 197
reflecting that the maximum average retail rate increase 198
will be reached and supporting documentation reflecting that 199
the maximum average retail rate increase will be reached. 200
The commission shall rule on the suspension filing within 201
sixty days of the date it is filed. If the commission 202
determines that the maximum average retail rate increase 203
will be reached, the commission shall approve the tariff 204
suspension. The electric utility shall continue to process 205
and pay applicable solar rebates until a final commission 206
ruling; however, if the continued payment causes the 207
electric utility to pay rebates that cause it to exceed the 208
maximum average retail rate increase, the expenditures shall 209
be considered prudently incurred costs as contemplated by 210
subdivision (4) of subsection 3 of this section and shall be 211
recoverable as such by the electric utility. As a condition 212
of receiving a rebate, customers shall transfer to the 213
electric utility all right, title, and interest in and to 214
SS SCS SB 838 15
the renewable energy credits associated with the new or 215
expanded solar electric system that qualified the customer 216
for the solar rebate for a period of ten years from the date 217
the electric utility confirmed that the solar electric 218
system was installed and operational. 219
5. The department shall, in consultation with the 220
commission, establish by rule a certification process for 221
electricity generated from renewable resources and used to 222
fulfill the requirements of subsection 1 of this section. 223
Certification criteria for renewable energy generation shall 224
be determined by factors that include fuel type, technology, 225
and the environmental impacts of the generating facility. 226
Renewable energy facilities shall not cause undue adverse 227
air, water, or land use impacts, including impacts 228
associated with the gathering of generation feedstocks. If 229
any amount of fossil fuel is used with renewable energy 230
resources, only the portion of electrical output 231
attributable to renewable energy resources shall be used to 232
fulfill the portfolio requirements. 233
6. In carrying out the provisions of this section, the 234
commission and the department shall include methane 235
generated from the anaerobic digestion of farm animal waste 236
and thermal depolymerization or pyrolysis for converting 237
waste material to energy as renewable energy resources for 238
purposes of this section. 239
7. The commission shall have the authority to 240
promulgate rules for the implementation of this section, but 241
only to the extent such rules are consistent with, and do 242
not delay the implementation of, the provisions of this 243
section. Any rule or portion of a rule, as that term is 244
defined in section 536.010, that is created under the 245
authority delegated in this section shall become effective 246
SS SCS SB 838 16
only if it complies with and is subject to all of the 247
provisions of chapter 536 and, if applicable, section 248
536.028. This section and chapter 536 are nonseverable and 249
if any of the powers vested with the general assembly 250
pursuant to chapter 536 to review, to delay the effective 251
date, or to disapprove and annul a rule are subsequently 252
held unconstitutional, then the grant of rulemaking 253
authority and any rule proposed or adopted after August 28, 254
2013, shall be invalid and void. 255
8. An electrical corporation, as defined in section 256
386.020, shall not demand any charge for service based on 257
the costs of construction work in progress for any nuclear 258
power generating facility. 259
393.1905. Notwithstanding any provision of law to the 1
contrary, no nuclear energy related cost may be recovered 2
through any surcharge or any ratemaking mechanism outside a 3
general rate proceeding. 4
393.1910. 1. As used in this section, the following 1
terms shall mean: 2
(1) "Commission", the public service commission; 3
(2) "Zero emission credit", a tradable certificate or 4
proof that one megawatt-hour of electricity has been 5
generated from a zero emission facility after December 31, 6
2028; 7
(3) "Zero emission facility", a facility that is 8
fueled by nuclear power, or any technology that is developed 9
in the future that is determined to be a zero emission 10
facility as determined by the commission, is interconnected 11
with an appropriate regional transmission organization or 12
independent system operator, as defined in section 393.1080, 13
and becomes operational after December 31, 2028. 14
SS SCS SB 838 17
2. The commission may authorize an electric utility to 15
offer or participate in a zero emission credit program or 16
tariff. The commission may prescribe such rules and 17
regulations to carry into effect the provisions of this 18
section as it may deem necessary. 19
3. A zero emission credit may exist for up to three 20
years from the date of its creation, may only be used once, 21
and may not also be used to satisfy any similar nonfederal 22
requirement if one exists. 23
4. The public service commission shall not increase 24
the allowed return on equity for an electric utility solely 25
because that utility is constructing a zero emission 26
facility, as defined in subsection 1 of this section. 27
5. The commission may promulgate such rules and 28
regulations as may be necessary to implement the provisions 29
of this section. Any rule or portion of a rule, as that 30
term is defined in section 536.010, that is created under 31
the authority delegated in this section shall become 32
effective only if it complies with and is subject to all of 33
the provisions of chapter 536 and, if applicable, section 34
536.028. This section and chapter 536 are nonseverable and 35
if any of the powers vested with the general assembly 36
pursuant to chapter 536 to review, to delay the effective 37
date, or to disapprove and annul a rule are subsequently 38
held unconstitutional, then the grant of rulemaking 39
authority and any rule proposed or adopted after August 28, 40
2026, shall be invalid and void. 41
✓