Missouri 2025 Regular Session

Missouri Senate Bill SB564 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. 564
6	6	103RD GENERAL ASSEMBLY
7	7	INTRODUCED BY SENATOR WILLIAMS.
8	8	0612S.01I KRISTINA MARTIN, Secretary
9	9	AN ACT
10	10	To repeal section 292.606, RSMo, and to enact in lieu thereof one new section relating to certain
11	11	fees collected by the Missouri emergency response commission.
12	12
13	13	Be it enacted by the General Assembly of the State of Missouri, as follows:
14	14	Section A. Section 292.606, RSMo, is repealed and one new 1
15	15	section enacted in lieu thereof, to be known as section 292.606, 2
16	16	to read as follows:3
17	17	292.606. 1. Fees shall be collected for a period of 1
18	18	six years from August 28, [2018] 2025. 2
19	19	2. (1) Any employer required to report under 3
20	20	subsection 1 of section 292.605, except local governments 4
21	21	and family-owned farm operations, shall submit an annual fee 5
22	22	to the commission of one hundred dollars along with the Tier 6
23	23	II form. Owners or operators of petroleum retail facilities 7
24	24	shall pay a fee of no more than fifty dollars for each such 8
25	25	facility. Any person, firm or corpor ation selling, 9
26	26	delivering or transporting petroleum or petroleum products 10
27	27	and whose primary business deals with petroleum products or 11
28	28	who is covered by the provisions of chapter 323, if such 12
29	29	person, firm or corporation is paying fees under the 13
30	30	provisions of the federal hazardous materials transportation 14
31	31	registration and fee assessment program, shall deduct such 15
32	32	federal fees from those fees owed to the state under the 16
33	33	provisions of this subsection. If the federal fees exceed 17
34	34	or are equal to what wo uld otherwise be owed under this 18 SB 564 2
35	35	subsection, such employer shall not be liable for state fees 19
36	36	under this subsection. In relation to petroleum products 20
37	37	"primary business" shall mean that the person, firm or 21
38	38	corporation shall earn more than fifty percen t of hazardous 22
39	39	chemical revenues from the sale, delivery or transport of 23
40	40	petroleum products. For the purpose of calculating fees, 24
41	41	all grades of gasoline are considered to be one product, all 25
42	42	grades of heating oils, diesel fuels, kerosenes, naphthas, 26
43	43	aviation turbine fuel, and all other heavy distillate 27
44	44	products except for grades of gasoline are considered to be 28
45	45	one product, and all varieties of motor lubricating oil are 29
46	46	considered to be one product. For the purposes of this 30
47	47	section "facility" sha ll mean all buildings, equipment, 31
48	48	structures and other stationary items that are located on a 32
49	49	single site or on contiguous or adjacent sites and which are 33
50	50	owned or operated by the same person. If more than three 34
51	51	hazardous substances or mixtures are re ported on the Tier II 35
52	52	form, the employer shall submit an additional twenty -dollar 36
53	53	fee for each hazardous substance or mixture. Fees collected 37
54	54	under this subdivision shall be for each hazardous chemical 38
55	55	on hand at any one time in excess of ten thousand pounds or 39
56	56	for extremely hazardous substances on hand at any one time 40
57	57	in excess of five hundred pounds or the threshold planning 41
58	58	quantity, whichever is less, or for explosives or blasting 42
59	59	agents on hand at any one time in excess of one hundred 43
60	60	pounds. However, no employer shall pay more than ten 44
61	61	thousand dollars per year in fees. Moneys acquired through 45
62	62	litigation and any administrative fees paid pursuant to 46
63	63	subsection 3 of this section shall not be applied toward 47
64	64	this cap. 48
65	65	(2) Employers engaged in transporting hazardous 49
66	66	materials by pipeline except local gas distribution 50 SB 564 3
67	67	companies regulated by the Missouri public service 51
68	68	commission shall pay to the commission a fee of two hundred 52
69	69	fifty dollars for each county in which they operate. 53
70	70	(3) Payment of fees is due each year by March first. 54
71	71	A late fee of ten percent of the total owed, plus one 55
72	72	percent per month of the total, may be assessed by the 56
73	73	commission. 57
74	74	(4) If, on March first of each year, fees collected 58
75	75	under this section and natural resources damages made 59
76	76	available pursuant to section 640.235 exceed one million 60
77	77	dollars, any excess over one million dollars shall be 61
78	78	proportionately credited to fees payable in the succeeding 62
79	79	year by each employer who was required to pay a fee and who 63
80	80	did pay a fee in the year in which the excess occurred. The 64
81	81	limit of one million dollars contained herein shall be 65
82	82	reviewed by the commission concurrent with the review of 66
83	83	fees as required in subsection 1 of this section. 67
84	84	3. Beginning January 1, 2013, any employer filing its 68
85	85	Tier II form pursuant to subsection 1 of section 292.605 may 69
86	86	request that the commission distribute that employer's Tier 70
87	87	II report to the local emergency planning committees and 71
88	88	fire departments listed in i ts Tier II report. Any employer 72
89	89	opting to have the commission distribute its Tier II report 73
90	90	shall pay an additional fee of ten dollars for each facility 74
91	91	listed in the report at the time of filing to recoup the 75
92	92	commission's distribution costs. Fees shall be deposited in 76
93	93	the chemical emergency preparedness fund established under 77
94	94	section 292.607. An employer who pays the additional fee 78
95	95	and whose Tier II report includes all local emergency 79
96	96	planning committees and fire departments required to be 80
97	97	notified under subsection 1 of section 292.605 shall satisfy 81
98	98	the reporting requirements of subsection 1 of section 82 SB 564 4
99	99	292.605. The commission shall develop a mechanism for an 83
100	100	employer to exercise its option to have the commission 84
101	101	distribute its Tier II repor t. 85
102	102	4. Local emergency planning committees receiving funds 86
103	103	under section 292.604 shall coordinate with the commission 87
104	104	and the department in chemical emergency planning, training, 88
105	105	preparedness, and response activities. Local emergency 89
106	106	planning committees receiving funds under this section, 90
107	107	section 260.394, sections 292.602, 292.604, 292.605, 292.615 91
108	108	and section 640.235 shall provide to the commission an 92
109	109	annual report of expenditures and activities. 93
110	110	5. Fees collected by the department and a ll funds 94
111	111	provided to local emergency planning committees shall be 95
112	112	used for chemical emergency preparedness purposes as 96
113	113	outlined in sections 292.600 to 292.625 and the federal act, 97
114	114	including contingency planning for chemical releases; 98
115	115	exercising, evaluating, and distributing plans, providing 99
116	116	training related to chemical emergency preparedness and 100
117	117	prevention of chemical accidents; identifying facilities 101
118	118	required to report; processing the information submitted by 102
119	119	facilities and making it available to the public; receiving 103
120	120	and handling emergency notifications of chemical releases; 104
121	121	operating a local emergency planning committee; and 105
122	122	providing public notice of chemical preparedness 106
123	123	activities. Local emergency planning committees receiving 107
124	124	funds under this section may combine such funds with other 108
125	125	local emergency planning committees to further the purposes 109
126	126	of sections 292.600 to 292.625, or the federal act. 110
127	127	6. The commission shall establish criteria and 111
128	128	guidance on how funds received by local emergency planning 112
129	129	committees may be used. 113
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