Missouri 2025 Regular Session

Missouri Senate Bill SB213 Compare Versions

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22 EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
33 and is intended to be omitted in the law.
44 FIRST REGULAR SESSION
55 SENATE BILL NO. 213
66 103RD GENERAL ASSEMBLY
77 INTRODUCED BY SENATOR FITZWATER.
88 0654S.01I KRISTINA MARTIN, Secretary
99 AN ACT
1010 To repeal sections 137.100, 153.030, and 153.034, RSMo, and to enact in lieu thereof six new
1111 sections relating to electric utilities.
1212
1313 Be it enacted by the General Assembly of the State of Missouri, as follows:
1414 Section A. Sections 137.100, 153.030, and 153.034, RSMo, 1
1515 are repealed and six new sections enacted in lieu thereof, to 2
1616 be known as sections 67.5350, 137.100, 137.124, 153.030, 3
1717 153.034, and 393.172, to read as follows:4
1818 67.5350. 1. As used in this section, the following 1
1919 terms shall mean: 2
2020 (1) "Material amendment", any amendment to a permit 3
2121 issued by a county commission to construct a solar farm 4
2222 which: 5
2323 (a) Changes the solar farm's generation type from one 6
2424 type of utility facility to another; 7
2525 (b) Increases the facility's nameplate capacity; or 8
2626 (c) Changes the boundaries of the solar farm, unless 9
2727 the new boundaries of the facility are completely within the 10
2828 previous boundaries of the facility or the facility 11
2929 components outside of the previous boundary are underground; 12
3030 (2) "Solar farm", a group of photovoltaic 13
3131 interconnected solar panels or arrays that convert sunlight 14
3232 into electricity for the primary purpose of wholesale or 15
3333 retail sales of generated electricity, including all on -site 16
3434 equipment and facilities necessary for the proper operation 17 SB 213 2
3535 of the facility, such as electrical collection and 18
3636 transmission lines, battery storage systems, transformers, 19
3737 substations, and operations and maintenance facilities 20
3838 within at least twenty continuous acres. 21
3939 2. Prior to obtaining a certificate of public 22
4040 convenience or necessity issued by the Missouri public 23
4141 service commission, any person constructing a solar farm 24
4242 shall first submit an application to the county commission 25
4343 in each county where the solar farm is to be located. 26
4444 3. The county commission of any county shall adopt any 27
4545 order or ordinance requiring a permit to construct a solar 28
4646 farm within specified boundaries located in whole or in part 29
4747 in an unincorporated area of a county. Such permit shall 30
4848 require any construction to be at least one thousand linear 31
4949 feet from any church, school, or city, town, or villag e 32
5050 limit, or any private residence. 33
5151 4. Within ninety days of receiving an application to 34
5252 construct a solar farm, the county commission shall hold a 35
5353 public meeting before the issuance of any such permit to 36
5454 construct a solar farm. Notice shall be provided at least 37
5555 fourteen days prior to the public meeting. At the public 38
5656 meeting, the applicant shall provide in writing the 39
5757 following information: 40
5858 (1) The maximum nameplate capacity of the solar farm; 41
5959 and 42
6060 (2) A map of the proposed geogra phic boundaries of the 43
6161 project within that county. 44
6262 5. Not later than ninety days after the public 45
6363 meeting, the county commission shall: 46
6464 (1) Issue a permit to the applicant accepting the 47
6565 construction proposal; 48 SB 213 3
6666 (2) Issue a permit to the applicant limiting the 49
6767 boundaries of the proposed solar farm to a smaller 50
6868 geographic area, completely within the geographic area 51
6969 proposed by the applicant; or 52
7070 (3) Deny the permit and prohibit the construction of 53
7171 the solar farm by the applicant. 54
7272 6. Any applicant intending to make a material 55
7373 amendment once a permit is issued shall submit a new 56
7474 application for a permit to the county commission. 57
7575 7. The county commission shall require any applicant 58
7676 who is issued a permit to obtain liabil ity insurance in an 59
7777 amount sufficient to cover any damages which may arise from 60
7878 the construction of the solar farm. 61
7979 8. The Missouri public service commission shall not 62
8080 issue a certificate of public convenience or necessity to 63
8181 any applicant who di d not receive a permit to construct a 64
8282 solar farm from the county commission in each county where 65
8383 the solar farm is to be located. 66
8484 137.100. 1. The following subjects are exempt from 1
8585 taxation for state, county or local purposes: 2
8686 (1) Lands and other property belonging to this state; 3
8787 (2) Lands and other property belonging to any city, 4
8888 county or other political subdivision in this state, 5
8989 including market houses, town halls and other public 6
9090 structures, with their furniture a nd equipments, and on 7
9191 public squares and lots kept open for health, use or 8
9292 ornament; 9
9393 (3) Nonprofit cemeteries; 10
9494 (4) The real estate and tangible personal property 11
9595 which is used exclusively for agricultural or horticultural 12
9696 societies organized in this state, including not -for-profit 13
9797 agribusiness associations; 14 SB 213 4
9898 (5) All property, real and personal, actually and 15
9999 regularly used exclusively for religious worship, for 16
100100 schools and colleges, or for purposes purely charitable and 17
101101 not held for private or corporate profit, except that the 18
102102 exemption herein granted does not include real property not 19
103103 actually used or occupied for the purpose of the 20
104104 organization but held or used as investment even though the 21
105105 income or rentals received therefrom i s used wholly for 22
106106 religious, educational or charitable purposes; 23
107107 (6) Household goods, furniture, wearing apparel and 24
108108 articles of personal use and adornment, as defined by the 25
109109 state tax commission, owned and used by a person in [his] 26
110110 such person's home or dwelling place; 27
111111 (7) Motor vehicles leased for a period of at least one 28
112112 year to this state or to any city, county, or political 29
113113 subdivision or to any religious, educational, or charitable 30
114114 organization which has obtained an exemption from t he 31
115115 payment of federal income taxes, provided the motor vehicles 32
116116 are used exclusively for religious, educational, or 33
117117 charitable purposes; 34
118118 (8) Real or personal property leased or otherwise 35
119119 transferred by an interstate compact agency created pursuan t 36
120120 to sections 70.370 to 70.430 or sections 238.010 to 238.100 37
121121 to another for which or whom such property is not exempt 38
122122 when immediately after the lease or transfer, the interstate 39
123123 compact agency enters into a leaseback or other agreement 40
124124 that directly or indirectly gives such interstate compact 41
125125 agency a right to use, control, and possess the property; 42
126126 provided, however, that in the event of a conveyance of such 43
127127 property, the interstate compact agency must retain an 44
128128 option to purchase the property a t a future date or, within 45
129129 the limitations period for reverters, the property must 46 SB 213 5
130130 revert back to the interstate compact agency. Property will 47
131131 no longer be exempt under this subdivision in the event of a 48
132132 conveyance as of the date, if any, when: 49
133133 (a) The right of the interstate compact agency to use, 50
134134 control, and possess the property is terminated; 51
135135 (b) The interstate compact agency no longer has an 52
136136 option to purchase or otherwise acquire the property; and 53
137137 (c) There are no provisions f or reverter of the 54
138138 property within the limitation period for reverters; and 55
139139 (9) All property, real and personal, belonging to 56
140140 veterans' organizations. As used in this section, 57
141141 "veterans' organization" means any organization of veterans 58
142142 with a congressional charter, that is incorporated in this 59
143143 state, and that is exempt from taxation under section 60
144144 501(c)(19) of the Internal Revenue Code of 1986, as amended [; 61
145145 (10) Solar energy systems not held for resale ]. 62
146146 2. Notwithstanding the provi sions of subsection 1 of 63
147147 this section or any other provision of law to the contrary, 64
148148 solar energy systems constructed for exclusive use of a 65
149149 single property may be exempt at the discretion of the 66
150150 assessor. 67
151151 137.124. 1. Beginning January 1, 2026, for purposes 1
152152 of assessing all real property, excluding land, or tangible 2
153153 personal property associated with a project that uses solar 3
154154 energy directly to generate electricity, thirty -seven and 4
155155 one-half percent of the original costs shall be the true 5
156156 value in money of such property. Such value shall begin the 6
157157 year immediately following the year of construction of the 7
158158 property. The original costs shall reflect either: 8
159159 (1) The actual and documented original property cost 9
160160 to the taxpayer, as shall be provided by the taxpayer to the 10
161161 assessor; or 11 SB 213 6
162162 (2) In the absence of actual and documented original 12
163163 property cost to the taxpayer, the estimated cost of the 13
164164 property by the assessor, using an authoritative cost guide. 14
165165 2. Nothing in this section shall be construed to 15
166166 prohibit a project from engaging in enhanced enterprise zone 16
167167 agreements under sections 135.950 to 135.973 or similar tax 17
168168 abatement agreements with state or local officials or to 18
169169 affect any existing enhanced ent erprise zone agreements. 19
170170 153.030. 1. All bridges over streams dividing this 1
171171 state from any other state owned, used, leased or otherwise 2
172172 controlled by any person, corporation, railroad company or 3
173173 joint stock company, and all bridges across or over 4
174174 navigable streams within this state, where the charge is 5
175175 made for crossing the same, which are now constructed, which 6
176176 are in the course of construction, or which shall hereafter 7
177177 be constructed, and all property, real and tangible 8
178178 personal, owned, used, leased or otherwise controlled by 9
179179 telegraph, telephone, electric power and light companies, 10
180180 electric transmission lines, pipeline companies and express 11
181181 companies shall be subject to taxation for state, county, 12
182182 municipal and other local purposes to the same extent as the 13
183183 property of private persons. 14
184184 2. [And] Taxes levied [thereon] under subsection 1 of 15
185185 this section shall be levied and collected in the manner as 16
186186 is now or may hereafter be provided by law for the taxation 17
187187 of railroad property in this state, and county commissions, 18
188188 county boards of equalization and the state tax commission 19
189189 are hereby required to perform the same duties and are given 20
190190 the same powers, including punitive powers, in assessing, 21
191191 equalizing and adjust ing the taxes on the property set forth 22
192192 in this section as the county commissions and boards of 23
193193 equalization and state tax commission have or may hereafter 24 SB 213 7
194194 be empowered with, in assessing, equalizing, and adjusting 25
195195 the taxes on railroad property; and a n authorized officer of 26
196196 any such bridge, telegraph, telephone, electric power and 27
197197 light companies, electric transmission lines, pipeline 28
198198 companies, or express company or the owner of any such toll 29
199199 bridge, is hereby required to render reports of the pro perty 30
200200 of such bridge, telegraph, telephone, electric power and 31
201201 light companies, electric transmission lines, pipeline 32
202202 companies, or express companies in like manner as the 33
203203 authorized officer of the railroad company is now or may 34
204204 hereafter be required to render for the taxation of railroad 35
205205 property. 36
206206 3. On or before the fifteenth day of April in the year 37
207207 1946 and each year thereafter an authorized officer of each 38
208208 such company shall furnish the state tax commission and 39
209209 county clerks a report, du ly subscribed and sworn to by such 40
210210 authorized officer, which is like in nature and purpose to 41
211211 the reports required of railroads under chapter 151 showing 42
212212 the full amount of all real and tangible personal property 43
213213 owned, used, leased or otherwise contro lled by each such 44
214214 company on January first of the year in which the report is 45
215215 due. 46
216216 4. If any telephone company assessed pursuant to 47
217217 chapter 153 has a microwave relay station or stations in a 48
218218 county in which it has no wire mileage but has wire mil eage 49
219219 in another county, then, for purposes of apportioning the 50
220220 assessed value of the distributable property of such 51
221221 companies, the straight line distance between such microwave 52
222222 relay stations shall constitute miles of wire. In the event 53
223223 that any public utility company assessed pursuant to this 54
224224 chapter has no distributable property which physically 55
225225 traverses the counties in which it operates, then the 56 SB 213 8
226226 assessed value of the distributable property of such company 57
227227 shall be apportioned to the physical location of the 58
228228 distributable property. 59
229229 5. (1) Notwithstanding any provision of law to the 60
230230 contrary, beginning January 1, 2019, a telephone company 61
231231 shall make a one-time election within the tax year to be 62
232232 assessed: 63
233233 (a) Using the methodolog y for property tax purposes as 64
234234 provided under this section; or 65
235235 (b) Using the methodology for property tax purposes as 66
236236 provided under this section for property consisting of land 67
237237 and buildings and be assessed for all other property 68
238238 exclusively using the methodology utilized under section 69
239239 137.122. 70
240240 If a telephone company begins operations, including a merger 71
241241 of multiple telephone companies, after August 28, 2018, it 72
242242 shall make its one-time election to be assessed using the 73
243243 methodology for propert y tax purposes as described under 74
244244 paragraph (b) of subdivision (1) of this subsection within 75
245245 the year in which the telephone company begins its 76
246246 operations. A telephone company that fails to make a timely 77
247247 election shall be deemed to have elected to be assessed 78
248248 using the methodology for property tax purposes as provided 79
249249 under subsections 1 to 4 of this section. 80
250250 (2) The provisions of this subsection shall not be 81
251251 construed to change the original assessment jurisdiction of 82
252252 the state tax commission . 83
253253 (3) Nothing in subdivision (1) of this subsection 84
254254 shall be construed as applying to any other utility. 85
255255 (4) (a) The provisions of this subdivision shall 86
256256 ensure that school districts may avoid any fiscal impact as 87 SB 213 9
257257 a result of a telephone co mpany being assessed under the 88
258258 provisions of paragraph (b) of subdivision (1) of this 89
259259 subsection. If a school district's current operating levy 90
260260 is below the greater of its most recent voter -approved tax 91
261261 rate or the most recent voter -approved tax rate as adjusted 92
262262 under subdivision (2) of subsection 5 of section 137.073, it 93
263263 shall comply with section 137.073. 94
264264 (b) Beginning January 1, 2019, any school district 95
265265 currently operating at a tax rate equal to the greater of 96
266266 the most recent voter -approved tax rate or the most recent 97
267267 voter-approved tax rate as adjusted under subdivision (2) of 98
268268 subsection 5 of section 137.073 that receives less tax 99
269269 revenue from a specific telephone company under this 100
270270 subsection, on or before January thirty -first of the year 101
271271 following the tax year in which the school district received 102
272272 less revenue from a specific telephone company, may by 103
273273 resolution of the school board impose a fee, as determined 104
274274 under this subsection, in order to obtain such revenue. The 105
275275 resolution shall include all facts that support the 106
276276 imposition of the fee. If the school district receives 107
277277 voter approval to raise its tax rate, the district shall no 108
278278 longer impose the fee authorized in this paragraph. 109
279279 (c) Any fee imposed under paragraph ( b) of this 110
280280 subdivision shall be determined by taking the difference 111
281281 between the tax revenue the telephone company paid in the 112
282282 tax year in question and the tax revenue the telephone 113
283283 company would have paid in such year had it not made an 114
284284 election under subdivision (1) of this subsection, which 115
285285 shall be calculated by taking the telephone company 116
286286 valuations in the tax year in question, as determined by the 117
287287 state tax commission under paragraph (d) of this 118
288288 subdivision, and applying such valuations to th e 119 SB 213 10
289289 apportionment process in subsection 2 of section 151.150. 120
290290 The school district shall issue a billing, as provided in 121
291291 this subdivision, to any such telephone company. A 122
292292 telephone company shall have forty -five days after receipt 123
293293 of a billing to remit its payment of its portion of the fees 124
294294 to the school district. Notwithstanding any other provision 125
295295 of law, the issuance or receipt of such fee shall not be 126
296296 used: 127
297297 a. In determining the amount of state aid that a 128
298298 school district receives under se ction 163.031; 129
299299 b. In determining the amount that may be collected 130
300300 under a property tax levy by such district; or 131
301301 c. For any other purpose. 132
302302 For the purposes of accounting, a telephone company that 133
303303 issues a payment to a school district under th is subsection 134
304304 shall treat such payment as a tax. 135
305305 (d) When establishing the valuation of a telephone 136
306306 company assessed under paragraph (b) of subdivision (1) of 137
307307 this subsection, the state tax commission shall also 138
308308 determine the difference between t he assessed value of a 139
309309 telephone company if: 140
310310 a. Assessed under paragraph (b) of subdivision (1) of 141
311311 this subsection; and 142
312312 b. Assessed exclusively under subsections 1 to 4 of 143
313313 this section. 144
314314 The state tax commission shall then apportion such amount to 145
315315 each county and provide such information to any school 146
316316 district making a request for such information. 147
317317 (e) This subsection shall expire when no school 148
318318 district is eligible for a fee. 149 SB 213 11
319319 6. (1) If any public utility company assessed 150
320320 pursuant to this chapter has ownership of any real or 151
321321 personal property associated with a project which uses solar 152
322322 or wind energy directly to generate electricity, such solar 153
323323 or wind energy project property shall be valued and taxed by 154
324324 any local authoritie s having jurisdiction under the 155
325325 provisions of chapter 137 and other relevant provisions of 156
326326 the law. 157
327327 (2) Notwithstanding any provision of law to the 158
328328 contrary, beginning January 1, 2020, for any public utility 159
329329 company assessed pursuant to this chap ter which has a wind 160
330330 energy project, such wind energy project shall be assessed 161
331331 using the methodology for real and personal property as 162
332332 provided in this subsection: 163
333333 (a) Any wind energy property of such company shall be 164
334334 assessed upon the county as sessor's local tax rolls; and 165
335335 (b) All other real property, excluding land, or 166
336336 personal property related to the wind energy project shall 167
337337 be assessed using the methodology provided under section 168
338338 137.123. 169
339339 (3) Notwithstanding any other provisio n of law to the 170
340340 contrary, beginning January 1, 2026, for any public utility 171
341341 company assessed under this chapter which has a solar energy 172
342342 project, such solar energy project shall be assessed using 173
343343 the methodology for real and personal property as provid ed 174
344344 in this subsection: 175
345345 (a) Any solar energy property of such company shall be 176
346346 assessed upon the county assessor's local tax rolls; and 177
347347 (b) All other real property, excluding land, or 178
348348 personal property related to the solar energy project shal l 179
349349 be assessed using the methodology provided under section 180
350350 137.124. 181 SB 213 12
351351 7. (1) If any public utility company assessed 182
352352 pursuant to this chapter has ownership of any real or 183
353353 personal property associated with a generation project which 184
354354 was originally constructed utilizing financing authorized 185
355355 pursuant to chapter 100 for construction, upon the transfer 186
356356 of ownership of such property to the public utility company 187
357357 such property shall be valued and taxed by any local 188
358358 authorities having jurisdiction unde r the provisions of 189
359359 chapter 137 and other relevant provisions of law. 190
360360 (2) Notwithstanding any provision of law to the 191
361361 contrary, beginning January 1, 2022, for any public utility 192
362362 company assessed pursuant to this chapter which has 193
363363 ownership of any real or personal property associated with a 194
364364 generation project which was originally constructed 195
365365 utilizing financing authorized pursuant to chapter 100 for 196
366366 construction, upon the transfer of ownership of such 197
367367 property to the public utility company such property shall 198
368368 be assessed as follows: 199
369369 (a) Any property associated with a generation project 200
370370 which was originally constructed utilizing financing 201
371371 authorized pursuant to chapter 100 for construction shall be 202
372372 assessed upon the county assessor's lo cal tax rolls. The 203
373373 assessor shall rely on the public utility company for cost 204
374374 information of the generation portion of the property as 205
375375 found in the public utility company's Federal Energy 206
376376 Regulatory Commission Financial Report Form Number One at 207
377377 the time of transfer of ownership, and depreciate the costs 208
378378 provided in a manner similar to other commercial and 209
379379 industrial property; 210
380380 (b) Any property consisting of land and buildings 211
381381 related to the generation property associated with a 212
382382 generation project which was originally constructed 213 SB 213 13
383383 utilizing financing pursuant to chapter 100 for construction 214
384384 shall be assessed under chapter 137; and 215
385385 (c) All other business or personal property related to 216
386386 a generation project which was originally construct ed 217
387387 utilizing financing pursuant to chapter 100 for construction 218
388388 shall be assessed using the methodology provided under 219
389389 section 137.122. 220
390390 153.034. 1. The term "distributable property" of an 1
391391 electric company shall include all the real or tangible 2
392392 personal property which is used directly in the generation 3
393393 and distribution of electric power, but not property used as 4
394394 a collateral facility nor property held for purposes other 5
395395 than generation and distribution of electricity. Such 6
396396 distributable property includes, but is not limited to: 7
397397 (1) Boiler plant equipment, turbogenerator units and 8
398398 generators; 9
399399 (2) Station equipment; 10
400400 (3) Towers, fixtures, poles, conductors, conduit 11
401401 transformers, services and meters; 12
402402 (4) Substation equipment and fences; 13
403403 (5) Rights-of-way; 14
404404 (6) Reactor, reactor plant equipment, and cooling 15
405405 towers; 16
406406 (7) Communication equipment used for control of 17
407407 generation and distribution of power; 18
408408 (8) Land associated with such distri butable property. 19
409409 2. The term "local property" of an electric company 20
410410 shall include all real and tangible personal property owned, 21
411411 used, leased or otherwise controlled by the electric company 22
412412 not used directly in the generation and distribution of 23
413413 power and not defined in subsection 1 of this section as 24 SB 213 14
414414 distributable property. Such local property includes, but 25
415415 is not limited to: 26
416416 (1) Motor vehicles; 27
417417 (2) Construction work in progress; 28
418418 (3) Materials and supplies; 29
419419 (4) Office furniture, office equipment, and office 30
420420 fixtures; 31
421421 (5) Coal piles and nuclear fuel; 32
422422 (6) Land held for future use; 33
423423 (7) Workshops, warehouses, office buildings and 34
424424 generating plant structures; 35
425425 (8) Communication equipment not used fo r control of 36
426426 generation and distribution of power; 37
427427 (9) Roads, railroads, and bridges; 38
428428 (10) Reservoirs, dams, and waterways; 39
429429 (11) Land associated with other locally assessed 40
430430 property and all generating plant land. 41
431431 3. (1) Any real or tangible personal property 42
432432 associated with a project which uses solar or wind energy 43
433433 directly to generate electricity shall be valued and taxed 44
434434 by local authorities having jurisdiction under the 45
435435 provisions of chapter 137 and any other relevant provi sions 46
436436 of law. The method of taxation prescribed in subsection 2 47
437437 of section 153.030 and subsection 1 of this section shall 48
438438 not apply to such property. 49
439439 (2) The real or tangible personal property referenced 50
440440 in subdivision (1) of this subsection sha ll include all 51
441441 equipment whose sole purpose is to support the integration 52
442442 of a wind generation asset into an existing system. 53
443443 Examples of such property may include, but are not limited 54
444444 to, wind chargers, windmills, wind turbines, wind towers, 55
445445 and associated electrical equipment such as inverters, pad 56 SB 213 15
446446 mount transformers, power lines, storage equipment directly 57
447447 associated with wind generation assets, and substations. 58
448448 (3) The real or tangible personal property referenced 59
449449 in subdivision (1) of th is subsection shall also include all 60
450450 equipment whose sole purpose is to support the integration 61
451451 of a solar generation asset into an existing system. 62
452452 Examples of such property may include, but are not limited 63
453453 to, solar panels, solar panel mounting rack s, and associated 64
454454 electrical equipment such as inverters, battery packs, power 65
455455 meters, power lines, storage equipment directly associated 66
456456 with solar generation assets, and substations. 67
457457 4. For any real or tangible personal property 68
458458 associated with a generation project which was originally 69
459459 constructed utilizing financing authorized under chapter 100 70
460460 for construction, upon the transfer of ownership of such 71
461461 property to a public utility, such property shall be valued 72
462462 and taxed by local authorities having jurisdiction under the 73
463463 provisions of chapter 137 and any other relevant provisions 74
464464 of law. The method of taxation prescribed in subsection 2 75
465465 of section 153.030 and subsection 1 of this section shall 76
466466 not apply to such property. 77
467467 393.172. By March 31, 2026, the public service 1
468468 commission shall adopt rules applicable to electrical 2
469469 corporations that require the entity constructing an 3
470470 electric transmission line under subsection 1 of section 4
471471 393.170 for which permission is sought from the commission 5
472472 on or after the effective date of this section to adhere to 6
473473 standards to be adopted by such rules relating to 7
474474 construction activities occurring partially or wholly on 8
475475 privately owned agricultural land. Such standards shall 9
476476 address, at a minimum, landowner communication expectations, 10
477477 expectations with respect to transmission structure design 11 SB 213 16
478478 and placement, wet weather construction and remediation 12
479479 practices, agricultural mitigation and restoration 13
480480 practices, construction -related tree and brush clearing, 14
481481 expectations concerning the use and restoration of field 15
482482 entrances and temporary roads, and best practices with 16
483483 respect to erosion prevention. Any rule or portion of a 17
484484 rule, as that term is defined in section 536.010, that is 18
485485 created under the authority delegated in this section shall 19
486486 become effective only if it complies with and is subject to 20
487487 all of the provisions of chapter 536 and, if applicable, 21
488488 section 536.028. This section and chapter 536 are 22
489489 nonseverable and if an y of the powers vested with the 23
490490 general assembly pursuant to chapter 536 to review, to delay 24
491491 the effective date, or to disapprove and annul a rule are 25
492492 subsequently held unconstitutional, then the grant of 26
493493 rulemaking authority and any rule proposed or a dopted after 27
494494 August 28, 2025, shall be invalid and void. 28
495495