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. 960
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR ROBERTS.
4773S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal section 644.021, RSMo, and to enact in lieu thereof one new section relating to the
membership requirements of the clean water commission.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 644.021, RSMo, is repealed and one new 1
section enacted in lieu thereof, to be known as section 644.021, 2
to read as follows:3
644.021. 1. There is hereby created a water 1
contaminant control agency to be known as the "Clean Water 2
Commission of the State of Missouri", whose domicile for the 3
purposes of sections 644.006 to 644.141 shall be deemed to 4
be that of the department of natural resources. The 5
commission shall consist of seven members appointed by the 6
governor with the advice and consent of the senate. No more 7
than four of the members shall belong to the same political 8
party. All members shall be representative of the general 9
interest of the public and shall have an interest in and 10
knowledge of conservation and the effects and control of 11
water contaminants. [At least two members shall be 12
knowledgeable concerning the needs of agriculture, industry 13
or mining and interested in protecting these needs] Each 14
member of the commission shall serve in a manner consistent 15
with the purposes of sections 644.006 to 644.141[. One 16
member shall be knowledgeable concerning the needs of 17
SB 960 2
publicly owned wastewater treatment works. No more than 18
four members shall represent the public. No member shall 19
receive, or have received during the previous two years, a 20
significant portion of his or her income directly or 21
indirectly from permit holders or applicants for a permit 22
pursuant to any federal water pollution control act as 23
amended and as applicable to this state] and the commission 24
shall be comprised of the following members: 25
(1) One member knowledgeable concerning the needs of 26
agriculture; 27
(2) One member knowledgeable concerning the needs of 28
industry or mining; 29
(3) One member knowledgeable concerning the needs of 30
publicly owned wastewater treatment works; and 31
(4) Four members representing the public. 32
All members appointed on or after August 28, 2002, shall 33
have demonstrated an interest and knowledge about water 34
quality. All members appointed on or after August 28, 2002, 35
shall be qualified by interest, education, training or 36
experience to provide, assess and evaluate scientific and 37
technical information concerning water quality, financial 38
requirements and the effects of the promulgation of 39
standards, rules and regulations. At the first meeting of 40
the commission and [at yearly intervals] annually 41
thereafter, the members shall select from among themselves a 42
chairman and a vice chairman. The governor shall not 43
appoint any person who has a substantial interest, as 44
defined in section 105.450, in any business entity regulated 45
under this chapter or any business entity which would be 46
regulated under this chapter if located in the state. The 47
commission shall establish rules which specify when members 48
SB 960 3
shall exempt themselves from participating in discussions 49
and from voting on issues before the commission due to 50
potential conflict of interest. Prior to any vote on any 51
variance, appeal, or order, the commission shall adopt a 52
rule to exclude from such vote any member with a conflict of 53
interest. Any person may appeal the appointment of a member 54
on the grounds of conflict of interest. A member of the 55
commission has a conflict of interest when he or she is able 56
to utilize the commission to obtain a personal or 57
professional benefit outside the jurisdiction of the 58
commission. Any rule or portion of a rule, as that term is 59
defined in section 536.010, that is created under the 60
authority delegated in this section shall become effective 61
only if it complies with and is subject to all of the 62
provisions of chapter 536 and, if applicable, section 63
536.028. This section and chapter 536 are nonseverable and 64
if any of the powers vested with the general assembly 65
pursuant to chapter 536 to review, to delay the effective 66
date, or to disapprove and annul a rule are subsequently 67
held unconstitutional, then the grant of rulemaking 68
authority and any rule proposed or adopted after August 28, 69
2026, shall be invalid and void. 70
2. The members' terms of office shall be four years 71
and until their successors are selected and qualified. 72
Provided, however, that the first three members appointed 73
shall serve a term of two years, the next three members 74
appointed shall serve a term of four years, thereafter all 75
members appointed shall serve a term of four years. There 76
is no limitation on the number of terms any appointed member 77
may serve. If a vacancy occurs the governor may appoint a 78
member for the remaining portion of the unexpired term 79
created by the vacancy. The governor may remove any 80
SB 960 4
appointed member for cause. The members of the commission 81
shall be reimbursed for travel and other expenses actually 82
and necessarily incurred in the performance of their duties. 83
3. The commission shall hold at least four regular 84
meetings each year and such additional meetings as the 85
chairman deems desirable at a place and time to be fixed by 86
the chairman. Special meetings may be called by three 87
members of the commission upon delivery of written notice to 88
each member of the commission. Reasonable written notice of 89
all meetings shall be given by the director to all members 90
of the commission. Four members of the commission shall 91
constitute a quorum. All powers and duties conferred 92
specifically upon members of the commission shall be 93
exercised personally by the members and not by alternates or 94
representatives. All actions of the commission shall be 95
taken at meetings open to the public. Any member absent 96
from [six] four consecutive regular commission meetings for 97
any cause whatsoever shall be deemed to have resigned and 98
the vacancy shall be filled immediately in accordance with 99
subsection [1] 2 of this section. 100
✓