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2009 Missouri General Assembly Legislative Wrap-up

The Legislative Session

The 2009 legislative session ended on May 15. This year's session ended with a number of victories for the environment and energy issues. However, a number of environmentally friendly bills did not pass. Environmental organizations believe that with earlier planning for and filing of environmental legislation may increase the chances of getting good legislation passed. It is also felt that some legislators don't fully understand either the intent or advantages of certain environmental legislation, so more education of legislators should also increase chances of passage.

The following is a recap of bills of interest from the 2009 session. You can click on the bill number to go to the Missouri General Assembly websites with information about each of the bills.

Energy Bills



CWIP





SB228 was defeated, a big victory for environmental, industrial and consumer groups. This bill would have overturned the no-CWIP law. Ameren UE, the electric utility for St. Louis and a large part of eastern Missouri, was seeking repeal an existing consumer protection law known as No-CWIP (Construction Work in Progress) which was passed in 1976 by petition initiative by a margin of nearly 2 to 1. No-CWIP prohibits utilities from charging their customers for construction or other costs associated with building new generators until that construction is complete. However, Ameren wants to build a second nuclear power plant next to their existing Calloway plant, and they have stated that the only way this can happen is if the no-CWIP law is repealed. Repealing this law would allow Ameren and any other electric utility in Missouri the option of building new generators and charge customers for costs associated with that construction whether or not the plant was needed for the utility's customers.

Missouri Residential and Small Business Energy Efficiency Act



SB376 was passed, another big victory. The bill allows electric companies to receive a return on their investments in energy efficiency, the same as they would by building new expensive power plants and charging their customers for them. Implementation of energy efficiency measures will not only help keep utility costs down, but will help the environment by reducing or cutting out completely the need for new power plants.

Other Energy and Green Building Bills



HB734 - This bill which addresses natural resources was passed. Among other things, this bill fixes for language requiring any appliance purchased with state funds to have an Energy Star rating under the federally sponsored Energy Star Program.

SB430 - This was an omnibus bill combining many good environmental issues, but did not pass. It would have established Green Building requirements for state buildings, income tax deductions for purchase of hybrid vehicles and Green School grants.

Legislation Filed



The following is legislation which has been filed of environmental interest to Platte County and all of Missouri. Click on the bill number for more information about the bill including summaries, the text of the bill and its status:

"Dirty Secrets" Bill




HB109 - The environmental self-audit legislation, also known as "dirty secrets", has been defeated again. This legislation would have allow businesses to perform environmental self-audits and report any non-compliance with environmental regulations, with reduced or waived penalties and fines. These self-audits would remain confidential, and would not be made available to the public. In other words, they would be able to illegally pollute the environment without public knowledge.

Other Environmental Bills




HB246 - After several years of attempts, this bill know as the Surface Mining and Gravel Excavation finally passed. Originally the bill would have allowed property owners to excavate or surface mine and sell gravel from Missouri streams running through their property without a permit. Environmentalists have helped keep this bill from passing in the past. However, the bill was amended twice to lower the tonnage from 5000 tons down to 2000 tons per property owner and from 1500 tons per site down to 1000 tons. It was also amended to require notification of the Department of Natural Resources prior to any mining being done.


CAFOs



No CAFO related bills were introduced this year, but in the past several years owners of these factory farms have attempted to pass legislation which would exempt these factory farms from any local health ordinances. Over 20 counties, including Platte County, have ordinances to protect their residents from these huge factory farms.

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