Missouri 2025 Regular Session

Missouri Senate Bill SB491 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
3	3	and is intended to be omitted in the law.
4	4	FIRST REGULAR SESSION
5	5	SENATE BILL NO. 491
6	6	103RD GENERAL ASSEMBLY
7	7	INTRODUCED BY SENATOR SCHNELTING.
8	8	1648S.01I KRISTINA MARTIN, Secretary
9	9	AN ACT
10	10	To repeal sections 386.600, 386.754, 386.756, and 386.760, RSMo, and to enact in lieu thereof
11	11	five new sections relating to action against certain utilities for violations.
12	12
13	13	Be it enacted by the General Assembly of the State of Missouri, as follows:
14	14	Section A. Sections 386.600, 386.754, 386.756, and 1
15	15	386.760, RSMo, are repealed and five new sections enacted in 2
16	16	lieu thereof, to be known as sections 386.600, 386.752, 386.754, 3
17	17	386.756, and 386.760, to read as follows:4
18	18	386.600. An action to recover a penalty or a 1
19	19	forfeiture under this chapter or to enforce the powers of 2
20	20	the commission under this or any other la w may be brought in 3
21	21	any circuit court in this state in the name of the state of 4
22	22	Missouri and shall be commenced and prosecuted to final 5
23	23	judgment by the general counsel to the commission or the 6
24	24	attorney general. No filing or docket fee shall be require d 7
25	25	of the general counsel or the attorney general . In any such 8
26	26	action all penalties and forfeitures incurred up to the time 9
27	27	of commencing the same may be sued for and recovered 10
28	28	therein, and the commencement of an action to recover a 11
29	29	penalty or forfeiture shall not be, or be held to be, a 12
30	30	waiver of the right to recover any other penalty or 13
31	31	forfeiture; if the defendant in such action shall prove that 14
32	32	during any portion of the time for which it is sought to 15
33	33	recover penalties or forfeitures for a viola tion of an order 16
34	34	or decision of the commission the defendant was actually and 17 SB 491 2
35	35	in good faith prosecuting a suit to review such order or 18
36	36	decision in the manner as provided in this chapter, the 19
37	37	court shall remit the penalties or forfeitures incurred 20
38	38	during the pendency of such proceeding. All moneys 21
39	39	recovered as a penalty or forfeiture shall be paid to the 22
40	40	public school fund of the state. Any such action may be 23
41	41	compromised or discontinued on application of the commission 24
42	42	upon such terms as the court shall approve and order. 25
43	43	386.752. The provisions of sections 386.752 to 386.764 1
44	44	shall be known as and may be cited to as the "Fair 2
45	45	Competition Law". 3
46	46	386.754. For the purposes of sections [386.754] 1
47	47	386.752 to 386.764, the following terms mean: 2
48	48	(1) "Affiliate", any entity not regulated by the 3
49	49	public service commission which is owned, controlled by , 4
50	50	[or] under common control , or acting in concert with a 5
51	51	utility and is engaged in HVAC services; 6
52	52	(2) "HVAC services", the warranty, sale, lease, 7
53	53	rental, installation, construction, modernization, retrofit, 8
54	54	maintenance or repair of heating, ventilating and air 9
55	55	conditioning equipment; 10
56	56	(3) "Utility", an electrical corporation, gas 11
57	57	corporation or heatin g company, as defined in section 12
58	58	386.020; 13
59	59	(4) "Utility contractor", a person, including an 14
60	60	individual, corporation, firm, incorporated or 15
61	61	unincorporated association or other business or legal 16
62	62	entity, that contracts, whether in writing or not in 17
63	63	writing, with a utility to engage in or assist any entity in 18
64	64	engaging in HVAC services, but does not include employees of 19
65	65	a utility. 20 SB 491 3
66	66	386.756. 1. [Except by an affiliate, ] A utility may 1
67	67	not engage in HVAC services, unless otherwise p rovided in 2
68	68	subsection [7 or] 8 of this section. 3
69	69	2. No affiliate or utility contractor may use any 4
70	70	vehicles, service tools, instruments, employees, or any 5
71	71	other utility assets, the cost of which are recoverable in 6
72	72	the regulated rates for utility s ervice, to engage in HVAC 7
73	73	services unless the utility is compensated for the use of 8
74	74	such assets at cost to the utility. 9
75	75	3. A utility may not use or allow any affiliate or 10
76	76	utility contractor to use the name of such utility to engage 11
77	77	in HVAC services unless the utility, affiliate or utility 12
78	78	contractor discloses, in plain view and in bold type on the 13
79	79	same page as the name is used on all advertisements or in 14
80	80	plain audible language during all solicitations of such 15
81	81	services, a disclaimer that states the services provided are 16
82	82	not regulated by the public service commission. 17
83	83	4. A utility may not engage in or assist any affiliate 18
84	84	or utility contractor in engaging in HVAC services in a 19
85	85	manner which subsidizes the activities of such utility, 20
86	86	affiliate or utility contractor to the extent of changing 21
87	87	the rates or charges for the utility's regulated services 22
88	88	above or below the rates or charges that would be in effect 23
89	89	if the utility were not engaged in or assisting any 24
90	90	affiliate or utility contrac tor in engaging in such 25
91	91	activities. 26
92	92	5. Any affiliates or utility contractors engaged in 27
93	93	HVAC services shall maintain accounts, books and records 28
94	94	separate and distinct from the utility. 29
95	95	6. The provisions of this section shall apply to any 30
96	96	affiliate or utility contractor engaged in HVAC services 31
97	97	that is owned, controlled or under common control with a 32 SB 491 4
98	98	utility providing regulated utility service in this state or 33
99	99	any other state. 34
100	100	7. A utility engaging in HVAC services in this state 35
101	101	five years prior to August 28, 1998, may continue providing, 36
102	102	to existing as well as new customers, the same type of 37
103	103	services as those provided by the utility five years prior 38
104	104	to August 28, 1998. The provisions of this section only 39
105	105	apply to the area of se rvice which the utility was actually 40
106	106	supplying service to on a regular basis prior to August 28, 41
107	107	1993. The provisions of this section shall not apply to any 42
108	108	subsequently expanded areas of service made by a utility 43
109	109	through either existing affiliates or subsidiaries or 44
110	110	through affiliates or subsidiaries purchased after August 45
111	111	28, 1993, unless such services were being provided in the 46
112	112	expanded area prior to August 28, 1993. 47
113	113	8. The provisions of this section shall not be 48
114	114	construed to prohibit a ut ility from providing emergency 49
115	115	service, providing any service required by law or providing 50
116	116	a program pursuant to an existing tariff, rule or order of 51
117	117	the public service commission that is consistent with the 52
118	118	provisions of this section . 53
119	119	9. A utility that violates any provision of this 54
120	120	section is guilty of a civil offense and may be subject to a 55
121	121	civil penalty of up to twelve thousand five hundred dollars 56
122	122	for each violation. The attorney general may enforce the 57
123	123	provisions of this section pursuan t to any powers granted to 58
124	124	him or her pursuant to any relevant provisions provided by 59
125	125	Missouri statutes or the Missouri Constitution. 60
126	126	10. If the commission receives information that 61
127	127	provisions of sections 386.752 to 386.764 have been 62
128	128	violated, the commission shall conduct an investigation. 63
129	129	Upon a finding that a violation occurred, the commission 64 SB 491 5
130	130	shall ask the attorney general to file a civil action in a 65
131	131	court of competent jurisdiction. If the court finds that a 66
132	132	violation of sections 386.752 to 386.764 occurred, the court 67
133	133	may grant damages, injunctive relief, attorney fees, and any 68
134	134	such other relief the court deems appropriate. 69
135	135	11. Any person informing the commission of any 70
136	136	violation under subsection 10 of this section shall not be 71
137	137	made a party in an action by the attorney general but may be 72
138	138	allowed to intervene without being subject to any burden of 73
139	139	proof on the initial filing of the intervention. Any person 74
140	140	informing the commission of any violation of the provisions 75
141	141	of sections 386.752 to 386.764, or any other interested 76
142	142	person, shall be provided a copy of any investigation, 77
143	143	settlement, order, or other disposition of the complaint 78
144	144	upon a request, but not the work -product of the attorney 79
145	145	general. 80
146	146	[10.] 12. Any utility claiming an exemption as 81
147	147	provided in subsection 7 of this section shall comply with 82
148	148	all applicable state and local laws, ordinances or 83
149	149	regulations relating to the installation or maintenance of 84
150	150	HVAC systems including all permit requirements. A 85
151	151	continuing pattern of failure to comply with said 86
152	152	requirements shall provide the basis for a finding by any 87
153	153	court of competent jurisdiction or the public service 88
154	154	commission that the utility has waived its claim of 89
155	155	exemption pursuant to subsection 7 of this se ction. 90
156	156	386.760. 1. The public service commission shall have 1
157	157	full authority to administer and ensure compliance with 2
158	158	sections 386.754 to 386.764, provided that the commission 3
159	159	shall not impose, by rule or otherwise, requirements 4
160	160	regarding HVAC services that are inconsistent with or in 5 SB 491 6
161	161	addition to those set forth in sections 386.754 to 386.764 6
162	162	or with requirements set forth in section 386.315. 7
163	163	2. The public service commission shall not adopt any 8
164	164	rule, tariff, order, or any oth er action that purports to 9
165	165	allow a violation of sections 386.754 to 386.764. 10
166	166	[2.] 3. No rule or portion of a rule promulgated 11
167	167	pursuant to the provisions of sections 386.754 to 386.764 12
168	168	shall become effective unless it has been promulgated 13
169	169	pursuant to the provisions of chapter 536. 14
170	170	