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SECOND REGULAR SESSION
SENATE BILL NO. 849
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR O'LAUGHLIN.
5631S.03I KRISTINA MARTIN, Secretary
AN ACT
To amend chapter 393, RSMo, by adding thereto one new section relating to the moratorium on
the construction of solar projects, with an emergency clause.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Chapter 393, RSMo, is amended by adding thereto 1
one new section, to be known as section 393.2180, to read as 2
follows:3
393.2180. 1. For purposes of this section, the 1
following terms mean: 2
(1) "Department", the Missouri department of natural 3
resources; 4
(2) "Solar project", a group of photovoltaic 5
interconnected solar panels or arrays that convert sunlight 6
into electricity for the primary purpose of wholesale or 7
retail sales of generated electricity, including all on-site 8
equipment and facilities necessary for the proper operation 9
of the facility, such as electrical collection and 10
transmission lines, battery storage systems, transformers, 11
substations, and operations and maintenance facilities. 12
2. Notwithstanding any provision of law to the 13
contrary, beginning the effective date of the act, there 14
shall immediately be a moratorium placed on the construction 15
of any solar project in the state, including but not limited 16
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to the issuance of permits for the construction of solar 17
projects in the state. 18
3. For any solar project that is currently being 19
constructed and for which construction has not completed 20
before the effective date of the act, all construction of 21
such solar project shall be suspended under the moratorium 22
under this section. 23
4. The department shall promulgate rules relating to 24
environmental issues concerning, but not limited to, the 25
construction, placement, and operation of a solar project. 26
Any rule or portion of a rule, as that term is defined in 27
section 536.010, that is created under the authority 28
delegated in this section shall become effective only if it 29
complies with and is subject to all of the provisions of 30
chapter 536 and, if applicable, section 536.028. This 31
section and chapter 536 are nonseverable and if any of the 32
powers vested with the general assembly pursuant to chapter 33
536 to review, to delay the effective date, or to disapprove 34
and annul a rule are subsequently held unconstitutional, 35
then the grant of rulemaking authority and any rule proposed 36
or adopted after the effective date of the act, shall be 37
invalid and void. 38
5. The moratorium under this section shall end on 39
December 31, 2027. However, if the department does not 40
promulgate rules under subsection 4 of this section before 41
December 31, 2027, the moratorium shall continue until the 42
requirements under subsection 4 of this section have been 43
met. 44
Section B. Because of the hazards relating to the 1
construction and operation of solar projects, section A of 2
this act is deemed necessary for the immediate preservation 3
of the public health, welfare, peace, and safety, and is 4
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hereby declared to be an emergency act within the meaning of 5
the constitution, and section A of this act shall be in full 6
force and effect upon its passage and approval. 7
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