Missouri 2025 Regular Session

Missouri Senate Bill SB139 Compare Versions

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Old	New	Differences
1	1
2	2	FIRST REGULAR SESSION
3	3	SENATE BILL NO. 139
4	4	103RD GENERAL ASSEMBLY
5	5	INTRODUCED BY SENATOR BLACK.
6	6	0653S.01I KRISTINA MARTIN, Secretary
7	7	AN ACT
8	8	To repeal sections 393.170 and 523.010, RSMo, and to enact in lieu thereof three new sections
9	9	relating to electric utilities.
10	10
11	11	Be it enacted by the General Assembly of the State of Missouri, as follows:
12	12	Section A. Sections 393.170 and 523.010, RSMo, are 1
13	13	repealed and three new sections enacted in lieu thereof, to be 2
14	14	known as sections 393.170, 393.172, and 523.010, to read as 3
15	15	follows:4
16	16	393.170. 1. No gas corporation, electrical 1
17	17	corporation, water corporation or sewer corporation shall 2
18	18	begin construction of a gas plant, electric plant, water 3
19	19	system or sewer system, other than an energy generation unit 4
20	20	that has a capacity of one megawatt or less, without first 5
21	21	having obtained the permission and approval of the 6
22	22	commission. 7
23	23	2. No such corporation shall exercise any right or 8
24	24	privilege under any franchise hereafter granted, or under 9
25	25	any franchise heretofore granted but not heretofore actually 10
26	26	exercised, or the exercise of which shall have been 11
27	27	suspended for more than one year, witho ut first having 12
28	28	obtained the permission and approval of the commission. 13
29	29	Before such certificate shall be issued a certified copy of 14
30	30	the charter of such corporation shall be filed in the office 15
31	31	of the commission, together with a verified statement of t he 16
32	32	president and secretary of the corporation, showing that it 17 SB 139 2
33	33	has received the required consent of the proper municipal 18
34	34	authorities. 19
35	35	3. The commission shall have the power to grant the 20
36	36	permission and approval herein specified whenever it shall 21
37	37	after due hearing determine that such construction or such 22
38	38	exercise of the right, privilege or franchise is necessary 23
39	39	or convenient for the public service. The commission may by 24
40	40	its order impose such condition or conditions as it may deem 25
41	41	reasonable and necessary. Unless exercised within a period 26
42	42	of two years from the grant thereof, authority conferred by 27
43	43	such certificate of convenience and necessity issued by the 28
44	44	commission shall be null and void. 29
45	45	4. (1) The provisions of this subsection sh all apply 30
46	46	when the permission and approval sought from the commission 31
47	47	under subsection 1 of this section is for the construction 32
48	48	of electric transmission facilities approved by a regional 33
49	49	transmission operator. To the greatest extent practical, 34
50	50	such electric transmission facilities shall be designed, 35
51	51	consistent with electric industry standards, to utilize a 36
52	52	multi-circuit configuration, be sited with or along existing 37
53	53	above-ground infrastructure, or replace or upgrade existing 38
54	54	above-ground infrastructure, whether or not the existing 39
55	55	electric transmission facility infrastructure utilized is 40
56	56	owned by an electrical corporation that owns in -service 41
57	57	electric transmission facilities in this state that are 42
58	58	under the functional control of a regional tra nsmission 43
59	59	operator. Electric transmission facilities need not be 44
60	60	designed as provided in the immediately preceding sentence 45
61	61	if the commission determines in a proceeding pursuant to 46
62	62	which permission and approval is sought under subsection 1 47
63	63	of this section that such a design is inconsistent with 48
64	64	electric industry standards, is inconsistent with the 49 SB 139 3
65	65	reliability basis given for the electric transmission 50
66	66	facilities project, or is not in the best interest of the 51
67	67	electrical corporation's customers or, t o the extent the 52
68	68	electrical corporation does not directly serve retail 53
69	69	customers, the interests of the electric customers whose 54
70	70	retail rates will reflect the majority of the costs of the 55
71	71	electric transmission facilities to -be-constructed. In 56
72	72	addition, to the extent such electric transmission 57
73	73	facilities will be sited with or along or will replace or 58
74	74	upgrade existing above -ground electrical infrastructure that 59
75	75	is not owned by an entity seeking permission and approval 60
76	76	pursuant to an application filed under subsection 1 of this 61
77	77	section or by its affiliate, the entity or entities that 62
78	78	will own the new electric transmission facilities subject to 63
79	79	the application shall obtain from the underlying fee owners 64
80	80	independent real estate rights necessary to ac commodate the 65
81	81	installation and operation thereof. Nothing in this 66
82	82	subdivision shall relieve such entity or entities of the 67
83	83	obligations contained in sections 523.039 or 523.256, to the 68
84	84	extent those obligations would otherwise apply. 69
85	85	(2) In addition to the design requirements in 70
86	86	subdivision (1) of this subsection, each electrical 71
87	87	corporation seeking permission and approval under subsection 72
88	88	1 of this section shall competitively bid the major 73
89	89	construction components of each project for which perm ission 74
90	90	and approval is sought and shall utilize competitive 75
91	91	sourcing strategies for all related major materials. 76
92	92	(3) Only electrical corporations that own in -service 77
93	93	electric transmission facilities in this state that are 78
94	94	under the functional con trol of a regional transmission 79
95	95	operator and to which the electric transmission facilities 80
96	96	subject to the application will connect, either initially or 81 SB 139 4
97	97	once construction of all electric transmission facilities 82
98	98	approved by the regional transmission oper ator as of the 83
99	99	time of the commission's approval of the application are 84
100	100	completed, may file applications with the commission for 85
101	101	permission and approval to construct the electric 86
102	102	transmission facilities described in this subsection. 87
103	103	Within ninety days following approval of the construction of 88
104	104	electric transmission facilities by the applicable regional 89
105	105	transmission operator, an electric corporation seeking 90
106	106	permission and approval for electric transmission facilities 91
107	107	under the provisions of this su bsection may notify the 92
108	108	commission that it will not construct any or some portion of 93
109	109	the facilities approved. If such notice is given and 94
110	110	indicates the notifying electrical corporation will not 95
111	111	construct any of the facilities approved, the commission m ay 96
112	112	grant permission and approval for such facilities' 97
113	113	construction to any other electrical corporation. If such 98
114	114	notice indicates that it will assign all or a portion of the 99
115	115	facilities approved to another electrical corporation, the 100
116	116	commission may grant permission and approval for the 101
117	117	facilities that were assigned to the assignee electrical 102
118	118	corporation and such electrical corporation's construction 103
119	119	of the facilities will be subject to this subsection. 104
120	120	(4) This subsection shall not limit the ri ght of any 105
121	121	electrical corporation to seek permission and approval from 106
122	122	the commission to construct, operate, and maintain electric 107
123	123	transmission facilities in this state that will not 108
124	124	initially connect to electric transmission facilities in 109
125	125	this state that are not under the functional control of a 110
126	126	regional transmission operator. This subsection shall also 111
127	127	not limit the right of any electrical corporation, any 112
128	128	municipal utility operating under chapter 91, any joint 113 SB 139 5
129	129	electric utility commission operat ing under chapter 393, any 114
130	130	rural electric cooperative organized or operating under 115
131	131	chapter 394, any corporation organized on a nonprofit or a 116
132	132	cooperative basis as described in subsection 1 of section 117
133	133	394.200, or any electrical corporation operating und er the 118
134	134	not-for-profit cooperative business plan as described in 119
135	135	subsection 2 of section 393.110 to construct, operate, and 120
136	136	maintain electric transmission facilities in this state that 121
137	137	are not under the functional control of a regional 122
138	138	transmission operator. 123
139	139	(5) In considering applications under this subsection, 124
140	140	the commission shall take into account the importance of 125
141	141	construction of electric transmission facilities in the 126
142	142	state needed to support Missouri's economy, the benefits of 127
143	143	electric transmission facility construction to Missouri 128
144	144	customers, and the importance of transmission facility 129
145	145	construction in ensuring reliable electric service in the 130
146	146	state in the twenty-first century and beyond. 131
147	147	(6) For the purposes of this subsection, th e following 132
148	148	terms shall mean: 133
149	149	(a) "Electric transmission facilities", a transmission 134
150	150	line that is designed and constructed with the capability of 135
151	151	being safely and reliably energized at one hundred kilovolts 136
152	152	or more and associated transmission fac ilities, including 137
153	153	substations; 138
154	154	(b) "Regional transmission operator", a regional 139
155	155	transmission organization, independent system operator, or 140
156	156	equivalent entity approved by the Federal Energy Regulatory 141
157	157	Commission or its successor agency that exerci ses functional 142
158	158	control over electric transmission facilities located within 143
159	159	this state. 144 SB 139 6
160	160	393.172. By March 31, 2026, the commission shall adopt 1
161	161	rules applicable to electrical corporations that require the 2
162	162	entity constructing an elect ric transmission line under 3
163	163	subsection 1 of section 393.170 for which permission is 4
164	164	sought from the commission on or after the effective date of 5
165	165	this section to adhere to standards to be adopted by such 6
166	166	rules relating to construction activities occurri ng 7
167	167	partially or wholly on privately owned agricultural land. 8
168	168	Such standards shall address, at a minimum, landowner 9
169	169	communication expectations, expectations with respect to 10
170	170	transmission structure design and placement, wet weather 11
171	171	construction and reme diation practices, agricultural 12
172	172	mitigation and restoration practices, construction -related 13
173	173	tree and brush clearing, expectations concerning the use and 14
174	174	restoration of field entrances and temporary roads, and best 15
175	175	practices with respect to erosion preve ntion. 16
176	176	523.010. 1. In case land, or other property, is 1
177	177	sought to be appropriated by any road, railroad, street 2
178	178	railway, telephone, telegraph or any electrical corporation 3
179	179	organized for the manufacture or transmission of electric 4
180	180	current for light, heat or power, including the 5
181	181	construction, when that is the case, of necessary dams and 6
182	182	appurtenant canals, flumes, tunnels and tailraces and 7
183	183	including the erection, when that is the case, of necessary 8
184	184	electric steam powerhouses, hydro electric powerhouses and 9
185	185	electric substations or any oil, pipeline or gas corporation 10
186	186	engaged in the business of transporting or carrying oil, 11
187	187	liquid fertilizer solutions, or gas by means of pipes or 12
188	188	pipelines laid underneath the surface of the ground, or 13
189	189	other corporation created under the laws of this state for 14
190	190	public use, and such corporation and the owners cannot agree 15
191	191	upon the proper compensation to be paid, or in the case the 16 SB 139 7
192	192	owner is incapable of contracting, be unknown, or be a 17
193	193	nonresident of the state, such corporation may apply to the 18
194	194	circuit court of the county of this state where such land or 19
195	195	any part thereof lies by petition setting forth the general 20
196	196	directions in which it is desired to construct its road, 21
197	197	railroad, street railway, telephone, or telegraph line or 22
198	198	electric line, including, when that is the case, the 23
199	199	construction and maintenance of necessary dams and 24
200	200	appurtenant canals, tunnels, flumes and tailraces and, when 25
201	201	that is the case, the appropriation of land submerged by the 26
202	202	construction of such dam, and including the erection and 27
203	203	maintenance, when that is the case, of necessary electric 28
204	204	steam powerhouses, hydroelectric powerhouses and electric 29
205	205	substations, or oil, pipeline, liquid fertilizer solution 30
206	206	pipeline, or gas line over or underneath the surface of such 31
207	207	lands, a description of the real estate, or other property, 32
208	208	which the company seeks to acquire; the names of the owners 33
209	209	thereof, if known; or if unknown, a pertinent description of 34
210	210	the property whose owners are unknown and praying the 35
211	211	appointment of three disinterested residents of the county, 36
212	212	as commissioners, or a jury, to assess the damages which 37
213	213	such owners may severally sustain in consequence of the 38
214	214	establishment, erection and maintenance of such ro ad, 39
215	215	railroad, street railway, telephone, telegraph line, or 40
216	216	electrical line including damages from the construction and 41
217	217	maintenance of necessary dams and the condemnation of land 42
218	218	submerged thereby, and the construction and maintenance of 43
219	219	appurtenant canals, flumes, tunnels and tailraces and the 44
220	220	erection and maintenance of necessary electric steam 45
221	221	powerhouses, hydroelectric powerhouses and electric 46
222	222	substations, or oil, pipeline, or gas line over or 47
223	223	underneath the surface of such lands; to which peti tion the 48 SB 139 8
224	224	owners of any or all as the plaintiff may elect of such 49
225	225	parcels as lie within the county or circuit may be made 50
226	226	parties defendant by names if the names are known, and by 51
227	227	the description of the unknown owners of the land therein 52
228	228	described if their names are unknown. 53
229	229	2. If the proceedings seek to affect the lands of 54
230	230	persons under conservatorship, the conservators must be made 55
231	231	parties defendant. If the present owner of any land to be 56
232	232	affected has less estate than a fee, the person havin g the 57
233	233	next vested estate in remainder may at the option of the 58
234	234	petitioners be made party defendant; but if such 59
235	235	remaindermen are not made parties, their interest shall not 60
236	236	be bound by the proceedings. 61
237	237	3. It shall not be necessary to make any pers ons party 62
238	238	defendants in respect to their ownership unless they are 63
239	239	either in actual possession of the premises to be affected 64
240	240	claiming title or having a title of the premises appearing 65
241	241	of record upon the proper records of the county. 66
242	242	4. Except as provided in subsection 5 of this section, 67
243	243	nothing in this chapter shall be construed to give a public 68
244	244	utility, as defined in section 386.020, or a rural electric 69
245	245	cooperative, as provided in chapter 394, the power to 70
246	246	condemn property which is currently used by another provider 71
247	247	of public utility service, including a municipality or a 72
248	248	special purpose district, when such property is used or 73
249	249	useful in providing utility services, if the public utility 74
250	250	or cooperative seeking to condemn such property, dire ctly or 75
251	251	indirectly, will use or proposes to use the property for the 76
252	252	same purpose, or a purpose substantially similar to the 77
253	253	purpose for which the property is being used by the provider 78
254	254	of the public utility service. 79 SB 139 9
255	255	5. A public utility or a rura l electric cooperative 80
256	256	may only condemn the property of another provider of public 81
257	257	utility service, even if the property is used or useful in 82
258	258	providing utility services by such provider, if the 83
259	259	condemnation is necessary for the public purpose of 84
260	260	acquiring a nonexclusive easement or right -of-way across the 85
261	261	property of such provider and only if the acquisition will 86
262	262	not materially impair or interfere with the current use of 87
263	263	such property by the utility or cooperative and will not 88
264	264	prevent or materially impair such provider of public utility 89
265	265	service from any future expansion of its facilities on such 90
266	266	property. 91
267	267	6. If a public utility or rural electric cooperative 92
268	268	seeks to condemn the property of another provider of public 93
269	269	utility service, and th e conditions in subsection 4 of this 94
270	270	section do not apply, this section does not limit the 95
271	271	condemnation powers otherwise possessed by such public 96
272	272	utility or rural electric cooperative. 97
273	273	7. Suits in inverse condemnation or involving 98
274	274	dangerous conditions of public property against a municipal 99
275	275	corporation established under Article VI, Section 30(a) of 100
276	276	the Missouri Constitution shall be brought only in the 101
277	277	county where such land or any part thereof lies. 102
278	278	8. For purposes of this chapter, the au thority for an 103
279	279	electrical corporation as defined in section 386.020, except 104
280	280	for an electrical corporation operating under a cooperative 105
281	281	business plan as described in section 393.110, to condemn 106
282	282	property for purposes of constructing an electric plant 107
283	283	subject to a certificate of public convenience and necessity 108
284	284	under subsection 1 of section 393.170 shall not extend to 109
285	285	the construction of a merchant transmission line with 110
286	286	Federal Energy Regulatory Commission negotiated rate 111 SB 139 10
287	287	authority unless such line has a substation or converter 112
288	288	station located in Missouri which is capable of delivering 113
289	289	an amount of its electrical capacity to electrical customers 114
290	290	in this state that is greater than or equal to the 115
291	291	proportionate number of miles of the line that pass es 116
292	292	through the state. The provisions of this subsection shall 117
293	293	not apply to applications filed pursuant to section 393.170 118
294	294	prior to August 28, 2022. 119
295	295	9. For the purposes of this chapter, the authority of 120
296	296	any corporation set forth in subsection 1 o f this section to 121
297	297	condemn property shall not extend to: 122
298	298	(1) The construction or erection of any plant, tower, 123
299	299	panel, or facility that utilizes, captures, or converts wind 124
300	300	or air currents to generate or manufacture electricity; or 125
301	301	(2) The construction or erection of any plant, tower, 126
302	302	panel, or facility that utilizes, captures, or converts the 127
303	303	light or heat generated by the sun to generate or 128
304	304	manufacture electricity. 129
305	305	10. Subject to subsection 8 of this section, but 130
306	306	notwithstanding subsection 9 of this section, the authority 131
307	307	of any corporation set forth in subsection 1 of this section 132
308	308	to condemn property shall extend to acquisition of rights 133
309	309	needed to construct, operate, and maintain collection lines, 134
310	310	distribution lines, transmissio n lines, communications 135
311	311	lines, substations, switchyards, and other facilities needed 136
312	312	to collect and deliver energy generated or manufactured by 137
313	313	the facilities described in subsection 9 of this section to 138
314	314	the distribution or transmission grid. 139
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