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2008 Missouri General Assembly Legislative Update as of Apr. 3

The Legislative Session



This session is over halfway complete, with the session ending May 16. This year there has been an increase in environmental and energy related legislation. Much of the strongest environmental legislation, however, is not moving through the legislative process. These include bills which would place stronger restrictions on CAFOs, such as restricting them to no closer than 5 miles of a state park, and a proposed constitutional amendment that would allow localities to adopt stronger health codes than the state relating to CAFO construction. Other bills have not been moving either, such as 'green' building legislation. However, there is still time for some of this legislation to continue through the process. One area that seems to be moving is bills that promote alternative fuels and alternative fuel vehicles.

Alternative Fuels and Hybrids



Bills promoting alternative fuels (10% ethanol), E-85 fuel (85% ethanol) and hybrid sales are in the forefront of the automotive legislation. Unfortunately, the processes required to grow corn and produce ethanol use about the same amount of energy as it produces, and the fact that ethanol burns less efficiently than gasoline makes it doubtful that there is any environmental improvement over gasoline. Also, the increased demand for corn by using it in ethanol production, increases the price of corn overall, which subsequently increases the price of corn-based food products.

The bills which are promoting hybrid vehicles provide up to $1500 rebate only on hybrids assembled in the United States. Any hybrid assembled outside of the US does not qualify. According to Ford, their production of hybrids is limited to about 150,000 per year, with first priority going to green states. Thus, availability of US assembled hybrids will be very limited, at least in the short term.

Energy



An energy efficiency bill backed by Kansas City Power and Light gives utilities an incentive to invest in efficiency programs approved by the Public Service Commission and receive a return on their investment the same as they would receive by building new generators and selling more electricity. This bill is will help reduce the requirement for new generating plants, which will help reduce carbon dioxide and other harmful emission in Missouri.

A couple of recent bills are of concern:




HB2468 - would allow the Public Service Commission to approve an electric, gas, water or sewer plant after it has been constructed. Current law states that the PSC may only approve a plant prior to construction. What prompted this legislation was a power plant that Aquila built in Cass County without proper permitting and zoning. Aquila has lost a court battle and appeals in an attempt to keep from dismantling this plant. If this bill is passed, it could allow Aquila to keep their plant in its current location and would render any local control over zoning and planning meaningless.

SB1279 / HB2283 would prohibit dairies from promoting or labeling its milk as not coming from cows injected with rBGH, a genetically engineered hormone injected into cows to increase milk production. rBGH is produced by Monsanto which is pushing this bill in Missouri as well as similar bills in Kansas and other states. Their request at the federal level for such a law was shot down, so they are going to the state levels to try to get this law passed. Monsanto has already been able to get a law passed requiring dairies that promotes their milk as coming from rBGH-free cows to place a label on their containers that says "No significant difference has been shown between milk derived from rBGH treated and non-rBGH treated cows." This bill it would take away the consumer?s right to even know if their milk comes from cows which were injected with the rBGH hormone.

Legislation



Understanding the Legislative Process



If you are interested in how the legislative process works and the steps involved in enacting new laws, or if you want an explanation of a bill's status, click on the following link to the Missouri House website which explains the legislative process:

How Bills Become Law


Bills of Interest



Bills of interest are listed below along with the sponsor, a brief description of the bill, and its current status. The bill number is a link to the Missouri Legislative website for complete information on that bill. Let your legislators know your opinion on these bills.

Other High Interest Bills



SB1277 / HB2298 - Emery: Allows energy efficiency programs, under the direction of the Public Service Commission, to be created under certain situations. This is the bill that KCPL is promoting that will advance its energy efficiency program. (3/27 - scheduled hearing was cancelled)

HB1931 - Harris: Changes CAFO permitting procedures by requiring an initiative petition and public vote prior to a construction permit being issued. (2/28 - Referred to Special Committee on Agri-Business)

HB 1854 - Bivens: Commonly know as the Dirty Secrets bill, this bill allows companies to conduct self-audits for illegal environmental pollution and avoid prosecution and fines, and the audits would not be available to the public. (4/1 - Public hearing held)

Other bills of interest:



CAFO Related

HB1932 - Harris: Prohibits construction of a CAFO within 5 miles of a state park, state historic site or property listed on the National Register of Historic Landmarks. (2/28 - referred to Special Committee on Agri-Business)

SB738 - Nodler: Requires the Department of Natural Resources to establish time lines for processing permits for CAFOs and defines penalties for offenses by CAFO operations. (hearing held 2/5 - Agriculture, Conservation Parks & Natural Resources Committee) (This bill has been added as an amendment to SB898.)

SB898 - Clemens: Provides tax credits for odor abatement and modifies provisions pertaining to administration of agricultural incentives and programs. This bill has been amended to add several other bills. (3/25 - Referred to Governmental Accountability and Fiscal Oversight Committee, - on Formal Calendar Bills for Third reading on 4/7)

SJR35 - Shoemyer: proposed constitutional amendment that would counties and St. Louis City to adopt regulations affecting public health and welfare that are more restrictive than state law. (1/16 - referred to Agriculture, Conservation Parks & Natural Resources Committee)

Energy

HB1485 - Sater: Tax deduction for use of specified types of fuel cells or solar power to take a tax deduction, up to $500 for fuel cell or $2,000 for solar. (2/5 - voted Do Pass by committee)

HB1578 - Holsman: Creates the Solar and Wind Incentive Program which would allow a tax rebate of up to half the cost of installing a solar photovoltaic system, with a maximum of $12,000. (1/10 - referred to committee)

HB1585 - Baker, Brian: Requires the Public Service Commission to consider existing planning and zoning plans and building codes and hold a public hearing before approving the location of a proposed electric power plant. (2/14 - referred to Special Committee on Rural Community Development)

HB1859 - Baker, Judy: Establishes the Renewable Energy Research Grant Program to provide funding for renewable energy research projects. (1/28 - second read)

HB1861 - Baker, Judy: Requires the Public Service Commission to annually report trends and new developments relating to renewable energy. (3/25 - voted Do Pass by Special Committee on Energy and Environment)

HB1862 - Baker, Judy: Establishes the Missouri Alternative Energy Loan Authority to provide low-interest loans to public and private entities for financing renewable energy products and services. (1/28 - second read)

HB1892 - Holsman: Allows taxpayers who use specified types of fuel cell or solar power to generate electricity for their residences to claim a tax deduction, up to $2,000 for fuel cells and up to $8,000 for solar power. (2/28 - referred to Special Committee on Energy and Environment)

SB964 - Smith, Jeff: Creates the Show Me Green Sales Tax Holiday which would allow sales tax free purchases of Energy Star appliances for a one week period each year and provide financial assistance for voluntary energy audits. (1/22 - referred to Ways & Means Committee)

Green Building

HB1860 - Baker, Judy: Requires sellers of newly constructed residential homes to disclose to the initial purchasers the energy efficiency rating of homes based on the energy star rating system. (1/28 - second read)

HB1863 - Baker, Judy: Requires state agencies to engage in energy conservation and state buildings to meet the International Energy Conservation Code. (1/28 - second read)

Automotive

HB1326 - Sater: Allows for a tax deduction of 10% up to $1500 for the purchase cost of a hybrid vehicle. (3/31 - Reported to Senate ? First Read) (This bill was added as an amendment to SB898)

HB1510 - Darrough: Establishes the Clean American Fuel Board and creates the Alternative Fuel Vehicle Revolving Fund. The board will establish and administer policies to promote compliance with the Dept of Energy and EPA regarding alternative fuels.

HB1699 - Wasson: Authorizes an income tax credit for up to 50% of the cost to purchase and install idle reduction technology on a class 8 truck. (1/17 - second read)

SB749 - Ridgeway: Provides a tax credit for E85 conversion kits and for the purchase of E85 gas, tax deduction for the purchase of a hybrid. (4/7 - Informal calendar bills for perfection)

SB759 - Stouffer: Requires all diesel fuel sold at retail in Missouri after Apr 1, 2010 to be a biodiesel blend. (3/3 - formal calendar bills for perfection)

SB811 - Stouffer: Creates a tax credit for purchase and installation of idle reduction technology. (3/3 - formal calendar bills for perfection)

SB838 - Engler: Allows fuel ethanol produced from qualified biomass to be eligible for certain fuel ethanol production subsidies. (1/14 - referred to Agriculture, Conservation, Parks & Natural Resources Committee)

Agriculture

SB815 - Goodman: Creates the Farm Mentoring and Education Authority to administer agricultural education programs to incubate new sustainable farms. (2/19 - voted Do Pass by committee) (Added as an amendment to SB898)

SB847 - Shoemyer: Requires farmers to pay a fee for retaining genetically-modified seed. (1/14 - referred to Agriculture, Conservation, Parks & Natural Resources Committee)

SB1279 - Clemens/ HB2283 - Schoeller: Would prohibit the labeling of milk products as being hormone-free or as not containing rBGH, a genetically engineered hormone injected into cows to increase milk production. rBGH is produced by Monsanto which is pushing this bill in Missouri and other states. This bill would take away the consumer's right to know if their milk comes from cows injected with hormones. (HB2283 - 4/1 hearing held; SB1279 3/3 - referred to Agriculture, Conservation, Parks & Natural Resources Committee)

Other Environment Issues

HB1597 - Robb: Requires all entities which ship radioactive waste through or within the state to be assessed a fee. (4/1 - referred to Special Committee on Energy and Environment)

HB1666 - El-Amin & HB1842 - Low: These two bills appear to be identical. They establish the Global Warming Solutions Act of 2008 to reduce Carbon Dioxide emissions. (3/11 - Public hearing held - Commerce, Energy and the Environment Committee)

HB1727 - Bevins: Establishes the Night Sky Protection Act to reduce the amount of light emitted into the night sky to near natural levels for specified protected places, including certain parks and historic sites that allow camping, wildernesses and riverways. (2/21 - referred to Commerce, Energy and the Environment Committee)

HB2468 - Schoeller: Allows the Public Service Commission to approve an electric, gas, water or sewer plant after it has been constructed. (3/29 - second read)

SB772 - McKenna: Establishes a tax credit for recycling construction waste and directs DNR to establish and administer construction and demolition waste reduction grants. (1/10 - referred to Commerce, Energy and the Environment Committee)

SB895 - Clemens: Creates the Manufacturer Responsibility and Consumer Convenience Computer Equipment Collection and Recovery Act. (2/21 - voted Do Pass by committee)

SB919 - Rupp: Assesses fee on shippers that transport radioactive waste within Missouri. Senate version of HB1597. (2/20 - voted Do Pass by committee)

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