EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
FIRST REGULAR SESSION
SENATE BILL NO. 564
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR WILLIAMS.
0612S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal section 292.606, RSMo, and to enact in lieu thereof one new section relating to certain
fees collected by the Missouri emergency response commission.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 292.606, RSMo, is repealed and one new 1
section enacted in lieu thereof, to be known as section 292.606, 2
to read as follows:3
292.606. 1. Fees shall be collected for a period of 1
six years from August 28, [2018] 2025. 2
2. (1) Any employer required to report under 3
subsection 1 of section 292.605, except local governments 4
and family-owned farm operations, shall submit an annual fee 5
to the commission of one hundred dollars along with the Tier 6
II form. Owners or operators of petroleum retail facilities 7
shall pay a fee of no more than fifty dollars for each such 8
facility. Any person, firm or corpor ation selling, 9
delivering or transporting petroleum or petroleum products 10
and whose primary business deals with petroleum products or 11
who is covered by the provisions of chapter 323, if such 12
person, firm or corporation is paying fees under the 13
provisions of the federal hazardous materials transportation 14
registration and fee assessment program, shall deduct such 15
federal fees from those fees owed to the state under the 16
provisions of this subsection. If the federal fees exceed 17
or are equal to what wo uld otherwise be owed under this 18 SB 564 2
subsection, such employer shall not be liable for state fees 19
under this subsection. In relation to petroleum products 20
"primary business" shall mean that the person, firm or 21
corporation shall earn more than fifty percen t of hazardous 22
chemical revenues from the sale, delivery or transport of 23
petroleum products. For the purpose of calculating fees, 24
all grades of gasoline are considered to be one product, all 25
grades of heating oils, diesel fuels, kerosenes, naphthas, 26
aviation turbine fuel, and all other heavy distillate 27
products except for grades of gasoline are considered to be 28
one product, and all varieties of motor lubricating oil are 29
considered to be one product. For the purposes of this 30
section "facility" sha ll mean all buildings, equipment, 31
structures and other stationary items that are located on a 32
single site or on contiguous or adjacent sites and which are 33
owned or operated by the same person. If more than three 34
hazardous substances or mixtures are re ported on the Tier II 35
form, the employer shall submit an additional twenty -dollar 36
fee for each hazardous substance or mixture. Fees collected 37
under this subdivision shall be for each hazardous chemical 38
on hand at any one time in excess of ten thousand pounds or 39
for extremely hazardous substances on hand at any one time 40
in excess of five hundred pounds or the threshold planning 41
quantity, whichever is less, or for explosives or blasting 42
agents on hand at any one time in excess of one hundred 43
pounds. However, no employer shall pay more than ten 44
thousand dollars per year in fees. Moneys acquired through 45
litigation and any administrative fees paid pursuant to 46
subsection 3 of this section shall not be applied toward 47
this cap. 48
(2) Employers engaged in transporting hazardous 49
materials by pipeline except local gas distribution 50 SB 564 3
companies regulated by the Missouri public service 51
commission shall pay to the commission a fee of two hundred 52
fifty dollars for each county in which they operate. 53
(3) Payment of fees is due each year by March first. 54
A late fee of ten percent of the total owed, plus one 55
percent per month of the total, may be assessed by the 56
commission. 57
(4) If, on March first of each year, fees collected 58
under this section and natural resources damages made 59
available pursuant to section 640.235 exceed one million 60
dollars, any excess over one million dollars shall be 61
proportionately credited to fees payable in the succeeding 62
year by each employer who was required to pay a fee and who 63
did pay a fee in the year in which the excess occurred. The 64
limit of one million dollars contained herein shall be 65
reviewed by the commission concurrent with the review of 66
fees as required in subsection 1 of this section. 67
3. Beginning January 1, 2013, any employer filing its 68
Tier II form pursuant to subsection 1 of section 292.605 may 69
request that the commission distribute that employer's Tier 70
II report to the local emergency planning committees and 71
fire departments listed in i ts Tier II report. Any employer 72
opting to have the commission distribute its Tier II report 73
shall pay an additional fee of ten dollars for each facility 74
listed in the report at the time of filing to recoup the 75
commission's distribution costs. Fees shall be deposited in 76
the chemical emergency preparedness fund established under 77
section 292.607. An employer who pays the additional fee 78
and whose Tier II report includes all local emergency 79
planning committees and fire departments required to be 80
notified under subsection 1 of section 292.605 shall satisfy 81
the reporting requirements of subsection 1 of section 82 SB 564 4
292.605. The commission shall develop a mechanism for an 83
employer to exercise its option to have the commission 84
distribute its Tier II repor t. 85
4. Local emergency planning committees receiving funds 86
under section 292.604 shall coordinate with the commission 87
and the department in chemical emergency planning, training, 88
preparedness, and response activities. Local emergency 89
planning committees receiving funds under this section, 90
section 260.394, sections 292.602, 292.604, 292.605, 292.615 91
and section 640.235 shall provide to the commission an 92
annual report of expenditures and activities. 93
5. Fees collected by the department and a ll funds 94
provided to local emergency planning committees shall be 95
used for chemical emergency preparedness purposes as 96
outlined in sections 292.600 to 292.625 and the federal act, 97
including contingency planning for chemical releases; 98
exercising, evaluating, and distributing plans, providing 99
training related to chemical emergency preparedness and 100
prevention of chemical accidents; identifying facilities 101
required to report; processing the information submitted by 102
facilities and making it available to the public; receiving 103
and handling emergency notifications of chemical releases; 104
operating a local emergency planning committee; and 105
providing public notice of chemical preparedness 106
activities. Local emergency planning committees receiving 107
funds under this section may combine such funds with other 108
local emergency planning committees to further the purposes 109
of sections 292.600 to 292.625, or the federal act. 110
6. The commission shall establish criteria and 111
guidance on how funds received by local emergency planning 112
committees may be used. 113