SECOND REGULAR SESSION
SENATE BILL NO. 984
101ST GENERAL ASSEMBLY
INTRODUCED BY SENATOR HEGEMAN.
4622S.02I ADRIANE D. CROUSE, Secretary
AN ACT
To amend chapter 256, RSMo, by adding thereto one new section relating to flood resiliency.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Chapter 256, RSMo, is amended by adding thereto 1
one new section, to be known as section 256.800, to read as 2
follows:3
256.800. 1. This section shall be known and may be 1
cited as the "Flood Resiliency Act". 2
2. As used in this section, unless the context 3
otherwise requires, the following terms shall mean: 4
(1) "Director", the director of the department of 5
natural resources; 6
(2) "Flood resiliency measures", structural 7
improvements, studies, and activities employed to improve 8
flood resiliency in local to regional or multi - 9
jurisdictional areas; 10
(3) "Flood resiliency project", a project containing 11
planning, design, construction, or renovation of flood 12
resiliency measures, or the conduct of studies or activities 13
in support of flood resiliency measures; 14
(4) "Partner", a politica l subdivision, entity, or 15
person working in conjunction with a promoter to facilitate 16
the completion of a flood resiliency project; 17
(5) "Plan", a preliminary report describing the need 18
for, and implementation of, flood resiliency measures; 19 SB 984 2
(6) "Promoter", any political subdivision of the 20
state, or any levee district or drainage district organized 21
or incorporated in the state. 22
3. (1) There is hereby established in the state 23
treasury a fund to be known as the "Flood Resiliency 24
Improvement Fund", which shall consist of all money 25
deposited in such fund from whatever source, whether public 26
or private. The state treasurer shall be custodian of the 27
fund. In accordance with sections 30.170 and 30.180, the 28
state treasurer may approve d isbursements. The fund shall 29
be a dedicated fund and money in the fund shall be used 30
solely for the purposes of this section. Notwithstanding 31
the provisions of section 33.080 to the contrary, any moneys 32
remaining in the fund at the end of the bienniu m shall not 33
revert to the credit of the general revenue fund. The state 34
treasurer shall invest moneys in the fund in the same manner 35
as other funds are invested. Any interest and other moneys 36
earned on such investments shall be credited to the fund. 37
(2) Upon appropriation, the department of natural 38
resources shall use money in the fund created by this 39
subsection for the purposes of carrying out the provisions 40
of this section, including, but not limited to, the 41
provision of grants or other fi nancial assistance, and, if 42
limitations or conditions are imposed, only upon such other 43
limitations or conditions specified in the instrument that 44
appropriates, grants, bequeaths, or otherwise authorizes the 45
transmission of money to the fund. 46
4. In order to increase flood resiliency along the 47
Missouri and Mississippi Rivers and their tributaries, and 48
improve statewide flood forecasting and monitoring ability, 49
there is hereby established a "Flood Resiliency Program". 50
The program shall be admin istered by the department of 51 SB 984 3
natural resources. The state may participate with a 52
promoter in the development, construction, or renovation of 53
a flood resiliency project if the promoter has a plan which 54
has been submitted to and approved by the director , or the 55
state may promote a flood resiliency project and initiate a 56
plan on its own accord. 57
5. The plan shall include a description of the flood 58
resiliency project, the need for the project, the flood 59
resiliency measures to be implemented, the p artners to be 60
involved in the project, and other such information as the 61
director may require to adequately evaluate the merit of the 62
project. 63
6. The director shall only approve a plan upon a 64
determination that long -term flood mitigation is neede d in 65
that area of the state, and that such a plan proposes flood 66
resiliency measures which will provide long -term flood 67
resiliency. 68
7. Promoters with approved flood resiliency plans and 69
projects shall be eligible to receive any gifts, 70
contributions, grants, or bequests from federal, state, 71
private, or other sources for engineering, construction or 72
renovation costs associated with such projects. 73
8. Promoters with approved flood resiliency projects 74
may be granted funds from the flood resil iency improvement 75
fund pursuant to subsection 3 of this section. 76
9. The department of natural resources is hereby 77
granted authority to promulgate rules to implement this 78
section. Any rule or portion of a rule, as that term is 79
defined in section 536.010, that is created under the 80
authority delegated in this section shall become effective 81
only if it complies with and is subject to all of the 82
provisions of chapter 536 and, if applicable, section 83 SB 984 4
536.028. This section and chapter 536 are nonseve rable and 84
if any of the powers vested with the general assembly 85
pursuant to chapter 536 to review, to delay the effective 86
date, or to disapprove and annul a rule are subsequently 87
held unconstitutional, then the grant of rulemaking 88
authority and any ru le proposed or adopted after August 28, 89
2022, shall be invalid and void. 90