SECOND REGULAR SESSION
[PERFECTED]
SENATE BILL NO. 984
101ST GENERAL ASSEMBLY
INTRODUCED BY SENATOR HEGEMAN.
4622S.02P ADRIANE D. CROUSE, Secretary
AN ACT
To repeal section 99.847, RSMo, and to enact in lieu thereof five new sections relating to
environmental protection.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 99.847, RSMo, is repealed and five new 1
sections enacted in lieu thereof, to be known as sections 2
99.847, 160.077, 256.800, 260.221, and 644.060, to read as 3
follows:4
99.847. 1. Notwithstanding the provisions of sections 1
99.800 to 99.865 to the contrary, for all years ending on or 2
before December 31, 2021, no new tax increment financing 3
project shall be authorized in any area which is within an 4
area designated as flood plain by the Federal Emergency 5
Management Agency and which is located in or partly within a 6
county with a charter form of government with greater than 7
two hundred fifty thousand inhabitants but fewer than three 8
hundred thousand inhabitants, unless the redevelopment area 9
actually abuts a river or a major waterway and is 10
substantially surrounded by contiguous properties with 11
residential, industrial, or commercial zoning 12
classifications. Notwithstanding the provisions of sections 13
99.800 to 99.865 to the contrary, for all years beginning on 14
or after January 1, 2022, no new tax increment financing 15
project shall be authorized in any area which is within an 16 SB 984 2
area designated as flood plain by the Federal Emergency 17
Management Agency, or was designated as flood plain by the 18
Federal Emergency Management Agen cy but due to flood 19
resiliency measures and flood resiliency projects under 20
section 256.800 such area is no longer designated as flood 21
plain by the Federal Emergency Management Agency, unless 22
such project is located in: 23
(1) A county with a charte r form of government and 24
with more than six hundred thousand but fewer than seven 25
hundred thousand inhabitants; 26
(2) A county of the first classification with more 27
than two hundred thousand but fewer than two hundred sixty 28
thousand inhabitants; 29
(3) A county of the first classification with more 30
than eighty-three thousand but fewer than ninety -two 31
thousand inhabitants and with a city of the fourth 32
classification with more than four thousand five hundred but 33
fewer than five thousand inhabit ants as the county seat; 34
(4) A county of the first classification with more 35
than seventy thousand but fewer than eighty -three thousand 36
inhabitants and with a home rule city with more than forty - 37
one thousand but fewer than forty -seven thousand inhabitants 38
as the county seat; 39
(5) A home rule city with more than seventy -one 40
thousand but fewer than seventy -nine thousand inhabitants; 41
(6) A home rule city with more than one hundred fifty - 42
five thousand but fewer than two hundred thousand 43
inhabitants; 44
(7) A home rule city with more than seventeen thousand 45
but fewer than nineteen thousand inhabitants and partially 46
located in any county of the third classification without a 47 SB 984 3
township form of government and with more than twenty -six 48
thousand but fewer than twenty -nine thousand inhabitants; 49
(8) A home rule city with more than forty -one thousand 50
but fewer than forty -seven thousand inhabitants and 51
partially located in any county of the first classification 52
with more than seventy t housand but fewer than eighty -three 53
thousand inhabitants; 54
(9) A port district created under the provisions of 55
chapter 68, provided that such financing is exclusively 56
utilized to fund a port infrastructure project that is 57
approved by the port auth ority; or 58
(10) A levee district created pursuant to chapter 245 59
or a drainage district created pursuant to chapter 242 or 60
243 prior to August 28, 2021. 61
2. This section shall not apply to tax increment 62
financing projects or districts approved prior to July 1, 63
2003, and shall allow such tax increment financing projects 64
to modify, amend, or expand such projects, including 65
redevelopment project costs, by not more than forty percent 66
of such project original projected cost, including 67
redevelopment project costs, as such projects, including 68
redevelopment project costs, existed as of June 30, 2003, 69
and shall allow such tax increment financing district to 70
modify, amend, or expand such districts by not more than 71
five percent as such districts e xisted as of June 30, 2003. 72
3. The provisions of subsections 1 and 2 of this 73
section notwithstanding, no new tax increment financing 74
project shall be authorized in any area which is within an 75
area designated as flood plain by the Federal Emergency 76
Management Agency and which is located in or partly within a 77
county with a charter form of government and with more than 78
three hundred thousand but fewer than four hundred fifty 79 SB 984 4
thousand inhabitants, unless the redevelopment area actually 80
abuts a river or a major waterway and is substantially 81
surrounded by contiguous properties with residential, 82
industrial, or commercial zoning classifications. 83
160.077. 1. This section shall be known and may be 1
cited as the "Get the Lead Out of School Drinking Water Act". 2
2. As used in this section, the following terms mean: 3
(1) "Commission", the safe drinking water commission 4
established under section 640.105; 5
(2) "Disadvantaged school district", any school 6
district that serves students from a county in which at 7
least twenty-five percent of the households in such county 8
are below the federal poverty guidelines updated 9
periodically in the Federal Register by the U.S. Department 10
of Health and Human Services under the author ity of 42 11
U.S.C. Section 9902(2), as amended, or any school district 12
in which more than seventy percent of students in the 13
district qualify for a free or reduced price lunch under the 14
federal Richard B. Russell National School Lunch Act, 42 15
U.S.C. Section 1751 et seq.; 16
(3) "Drinking water outlet", a potable water fixture 17
that is used for drinking or food preparation. "Drinking 18
water outlet" includes, but is not limited to: 19
(a) A water fountain, faucet, or tap that is used or 20
potentially used for drinking or food preparation; and 21
(b) Ice–making and hot drink machines; 22
(4) "First draw", a two-hundred-fifty-milliliter 23
sample immediately collected from a drinking water outlet 24
that has been turned on after a stagnation period of at 25
least eight hours; 26
(5) "NSF/ANSI 53-2017", the standard for drinking 27
water treatment systems that are designed to reduce specific 28 SB 984 5
health-related contaminants in water supplies that is 29
published by NSF International/ANSI with the title "Drinki ng 30
Water Treatment Units - Health Effects", or any more 31
stringent subsequent standard; 32
(6) "Parent", a parent, guardian, or other person 33
having control or custody of a child; 34
(7) "Private school", the same definition as in 35
section 166.700; 36
(8) "Public school", the same definition as in section 37
160.011; 38
(9) "Remediation", decreasing the lead concentration 39
in water from a drinking water outlet to less than one part 40
per billion without relying solely on flushing practices, or 41
using methods such as the replacement of lead -containing 42
pipes, solder, fittings, or fixtures with lead -free 43
components. Flushing as a stand alone action shall not be 44
considered remediation; 45
(10) "School", any public school, private school, or 46
provider of an early childhood education program that 47
receives state funding. 48
3. Beginning in the 2023 -2024 school year and for each 49
subsequent school year, each school shall provide drinking 50
water with a lead concentration level below the American 51
Academy of Pediatrics' recommended maximum level for schools 52
of one part per billion in sufficient amounts to meet the 53
drinking water needs of all students and staff as provided 54
in this section. 55
4. (1) Before January 1, 2024, each school shall: 56
(a) Conduct an inventory of all drinking water outlets 57
and nonpotable water fixtures in each of the school's 58
buildings; 59 SB 984 6
(b) Remove any drinking watercoolers that the United 60
States Environmental Protection Agency has determined are 61
not lead-free under the federal Lead Contamination Control 62
Act of 1988, as amended; 63
(c) Install a filter that reduces lead in drinking 64
water on each drinking water outlet, maintain such filters 65
to ensure that lead concentration levels are below one part 66
per billion, and replace such filters at least as frequently 67
as provided for in the manufacturer's instructions. This 68
paragraph shall apply only to schools with drinking water 69
determined to have a lead concentration level above the 70
American Academy of P ediatrics' recommended maximum level 71
for schools of one part per billion; and 72
(d) Upon request, provide general information on the 73
health effects of lead contamination and additional 74
informational resources for employees and parents of 75
children at each school. 76
(2) Each school shall make buildings housing early 77
childhood education programs, kindergartens, and elementary 78
schools the priority when complying with paragraphs (a) to 79
(c) of subdivision (1) of this subsection. 80
(3) Filters described in paragraph (c) of subdivision 81
(1) of this subsection and any replacement filters shall be 82
certified as compliant with NSF/ANSI 53 -2017 and shall 83
incorporate an integral performance indication device as 84
specified in section 6.1 of NSF/ANSI 53 -2017. 85
(4) Each school shall provide sufficient filtered 86
water to meet the drinking water needs of all students and 87
staff. 88
(5) Within sixty days after filters are installed as 89
required under paragraph (c) of subdivision (1) of this 90
subsection and annually thereafter, each school shall 91 SB 984 7
conduct testing for lead by first -draw and follow-up flush 92
samples of a random sampling of at least twenty -five percent 93
of remediated drinking water outlets until all remediated 94
sources have been tested as recommended by the 2018 version 95
of the United States Environmental Protection Agency's 96
"Training, Testing, and Taking Action" program. The testing 97
shall be conducted and the results analyzed for both types 98
of tests by an entity or entities approved by the department. 99
(6) Within two weeks after receiving test results, 100
each school shall make all testing results and any lead 101
remediation plans available on the school's website. 102
(7) School districts shall submit such annual testing 103
results to the commission. 104
(8) This subsection shall not be construed to prevent 105
a school from conducting more frequent testing than required 106
under this section. 107
5. (1) If a first draw sample shows a lead 108
concentration of one part per billion or grea ter, the 109
affected school shall: 110
(a) Within one business day after receiving the test 111
result, shut off the drinking water outlet; 112
(b) Provide bottled water if there is not enough water 113
to meet the drinking water needs of the students, teacher s, 114
and staff; and 115
(c) Within thirty days after receiving the test 116
result, determine interim remediation steps to implement to 117
address the elevated lead concentration level. Such steps 118
shall be posted to the school website. 119
(2) If a pipe, solder, fitting, or fixture is replaced 120
as part of remediation, the replacement shall be lead -free, 121
as such term is defined in 40 CFR 143.12, as amended. 122 SB 984 8
(3) If a test result exceeds one part per billion, the 123
affected school shall contact parents a nd staff via written 124
notification within seven business days after receiving the 125
test result. The notification shall include at least: 126
(a) The test results and a summary that explains such 127
results; 128
(b) A description of any remedial steps ta ken; and 129
(c) A description of general health effects of lead 130
contamination and community specific resources. 131
(4) If, in the ten years prior to the 2023 -2024 school 132
year a fixture tested above one part per billion for lead, 133
such fixture does not need to be repeat tested for lead, but 134
instead remediation shall begin on such fixture. 135
6. (1) In addition to the apportionments payable to a 136
school district under chapter 163, the department of natural 137
resources is hereby authorized to appor tion to any school 138
additional funding for the filtration, testing, and other 139
remediation of drinking water systems required under this 140
section, subject to appropriation. 141
(2) To the extent permitted by federal law, a school 142
district may seek reimb ursement or other funds for 143
compliance incurred under this section under any applicable 144
federal law including, but not limited to, America's Water 145
Infrastructure Act of 2018 and the Water Infrastructure 146
Finance and Innovation Act of 2014, 33 U.S.C. Sec tion 3901 147
et seq. 148
(3) Disadvantaged school districts shall receive 149
funding priority under this subsection. 150
7. The commission, in conjunction with the department 151
of elementary and secondary education, shall publish a 152
report biennially based on the findings from the water 153
testing conducted under this section. Such report shall be 154 SB 984 9
sent to the governor and the joint committee on education 155
and shall be made available on the website of the commission. 156
8. The commission shall: 157
(1) On or before July 1, 2023, provide guidance to 158
schools regarding the maintenance of filters and filtration 159
systems and the development and implementation of flushing 160
plans. Such guidance shall include recommendations for 161
flushing after stagnant times i ncluding, but not limited to, 162
the morning of each school day and after weekends, school 163
holidays, and summer break. Flushing plans shall include 164
details for flushing the incoming water line and the filter; 165
and 166
(2) On or before July 1, 2023, crea te an online 167
program to provide training for custodial staff on the 168
maintenance of filters and filtration systems and on the 169
implementation of flushing plans, emphasizing that proper 170
maintenance is critical to improved drinking water quality 171
and safety. 172
9. (1) For public schools, the commission shall 173
ensure compliance with this section. Each school district 174
shall be responsible for ensuring compliance within each 175
school within the school district's jurisdiction. 176
(2) The commission shall have the authority to enter a 177
school building governed by this section to determine 178
compliance with this section. 179
10. No school building constructed after January 4, 180
2014, as provided in the federal Reduction of Lead in 181
Drinking Water Act (42 U .S.C. Section 300g-6), as amended, 182
shall be required to install, maintain, or replace filters 183
under paragraph (c) of subdivision (1) of subsection 4 of 184
this section. 185 SB 984 10
11. A school that tests and does not find a drinking 186
water source with a lead co ncentration above the acceptable 187
level as defined in subsection 3 of this section shall be 188
required to test only every five years. 189
12. The commission may promulgate all necessary rules 190
and regulations for the administration of this section. Any 191
rule or portion of a rule, as that term is defined in 192
section 536.010, that is created under the authority 193
delegated in this section shall become effective only if it 194
complies with and is subject to all of the provisions of 195
chapter 536 and, if applicab le, section 536.028. This 196
section and chapter 536 are nonseverable, and if any of the 197
powers vested with the general assembly pursuant to chapter 198
536 to review, to delay the effective date, or to disapprove 199
and annul a rule are subsequently held uncon stitutional, 200
then the grant of rulemaking authority and any rule proposed 201
or adopted after August 28, 2022, shall be invalid and void. 202
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 activ ities 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 stud ies or activities 13
in support of flood resiliency measures; 14 SB 984 11
(4) "Partner", a political 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
(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 th e 27
fund. In accordance with sections 30.170 and 30.180, the 28
state treasurer may approve disbursements. 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 biennium 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 provi sions 40
of this section, including, but not limited to, the 41
provision of grants or other financial 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 SB 984 12
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 abili ty, 49
there is hereby established a "Flood Resiliency Program". 50
The program shall be administered by the department of 51
natural resources. The state may participate with a 52
promoter in the development, construction, or renovation of 53
a flood resiliency p roject 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 partners 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 needed 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 approv ed 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 resiliency 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 im plement this 78 SB 984 13
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
536.028. This section and chapter 536 are nonseverable 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 rule proposed or adopted after August 28, 89
2022, shall be invalid and void. 90
260.221. 1. As used in this section, the following 1
terms mean: 2
(1) "Processed recycled asphalt shingles", recycled 3
asphalt shingles that do not contain extraneous metals, 4
glass, rubber, nails, soil, brick, tars, paper, wood, and 5
plastics and that have been reduced in size to produce a 6
commercially reasonable usabl e product. "Processed recycled 7
asphalt shingles" shall also be considered clean fill, as 8
such term is defined in section 260.200; 9
(2) "Recycled asphalt shingles", manufacture waste 10
scrap shingles and post -consumer, tear-off scrap shingles 11
that are accumulated as products for commercial purposes 12
related to recycling or reuse as processed recycled asphalt 13
shingles. 14
2. Processed recycled asphalt shingles may be used for 15
fill, reclamation, and other beneficial purposes without a 16
permit under sections 260.200 to 260.345 if such processed 17
recycled asphalt shingles are inspected for toxic and 18
hazardous substances in accordance with requirements 19
established by the department of natural resources, provided 20 SB 984 14
that processed recycled asphalt shin gles shall not be used 21
for such purposes within five hundred feet of any lake, 22
river, sink hole, perennial stream, or ephemeral stream, and 23
shall not be used for such purposes below surface level and 24
closer than fifty feet above the water table. 25
3. This section shall not be construed to authorize 26
the abandonment, accumulation, placement, or storage of 27
recycled asphalt shingles or processed recycled asphalt 28
shingles on any real property without the consent of the 29
real property owner. 30
644.060. 1. Processed recycled asphalt shingles, as 1
defined in section 260.221, may be used for fill, 2
reclamation, and other beneficial purposes without a permit 3
under sections 644.006 to 644.141 if such processed recycled 4
asphalt shingles are inspected for toxic and hazardous 5
substances in accordance with requirements established by 6
the department of natural resources, provided that processed 7
recycled asphalt shingles shall not be used for such 8
purposes within five hundred fee t of any lake, river, sink 9
hole, perennial stream, or ephemeral stream, and shall not 10
be used for such purposes below surface level and closer 11
than fifty feet above the water table. 12
2. This section shall not be construed to authorize 13
the abandonment, accumulation, placement, or storage of 14
recycled asphalt shingles or processed recycled asphalt 15
shingles on any real property without the consent of the 16
real property owner. 17