Missouri 2025 Regular Session

Missouri Senate Bill SB569 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. 569
66 103RD GENERAL ASSEMBLY
77 INTRODUCED BY SENATOR ROBERTS.
88 2196S.01I KRISTINA MARTIN, Secretary
99 AN ACT
1010 To repeal section 644.021, RSMo, and to enact in lieu thereof one new section relating to the
1111 membership requirements of the clean water commission.
1212
1313 Be it enacted by the General Assembly of the State of Missouri, as follows:
1414 Section A. Section 644.021, RSMo, is repealed and one new 1
1515 section enacted in lieu thereof, to be known as section 644.021, 2
1616 to read as follows:3
1717 644.021. 1. There is hereby created a water 1
1818 contaminant control agency to be known as the "Clean Water 2
1919 Commission of the State of Missouri", whose domicile for the 3
2020 purposes of sections 644.006 to 644.141 shall be deemed to 4
2121 be that of the departme nt of natural resources. The 5
2222 commission shall consist of seven members appointed by the 6
2323 governor with the advice and consent of the senate. No more 7
2424 than four of the members shall belong to the same political 8
2525 party. All members shall be representativ e of the general 9
2626 interest of the public and shall have an interest in and 10
2727 knowledge of conservation and the effects and control of 11
2828 water contaminants. [At least two members shall be 12
2929 knowledgeable concerning the needs of agriculture, industry 13
3030 or mining and interested in protecting these needs ] Each 14
3131 member of the commission shall serve in a manner consistent 15
3232 with the purposes of sections 644.006 to 644.141 [. One 16
3333 member shall be knowledgeable concerning the needs of 17
3434 publicly owned wastewater treatme nt works. No more than 18 SB 569 2
3535 four members shall represent the public. No member shall 19
3636 receive, or have received during the previous two years, a 20
3737 significant portion of his or her income directly or 21
3838 indirectly from permit holders or applicants for a permit 22
3939 pursuant to any federal water pollution control act as 23
4040 amended and as applicable to this state ] and the commission 24
4141 shall be comprised of the following members: 25
4242 (1) One member knowledgeable concerning the needs of 26
4343 agriculture; 27
4444 (2) One member knowledgeable concerning the needs of 28
4545 industry or mining; 29
4646 (3) One member knowledgeable concerning the needs of 30
4747 publicly owned wastewater treatment works; and 31
4848 (4) Four members representing the public . 32
4949 All members appointed on or after Aug ust 28, 2002, shall 33
5050 have demonstrated an interest and knowledge about water 34
5151 quality. All members appointed on or after August 28, 2002, 35
5252 shall be qualified by interest, education, training or 36
5353 experience to provide, assess and evaluate scientific and 37
5454 technical information concerning water quality, financial 38
5555 requirements and the effects of the promulgation of 39
5656 standards, rules and regulations. At the first meeting of 40
5757 the commission and [at yearly intervals] annually 41
5858 thereafter, the members shall sele ct from among themselves a 42
5959 chairman and a vice chairman. The governor shall not 43
6060 appoint any person who has a substantial interest, as 44
6161 defined in section 105.450, in any business entity regulated 45
6262 under this chapter or any business entity which would be 46
6363 regulated under this chapter if located in the state. The 47
6464 commission shall establish rules which specify when members 48
6565 shall exempt themselves from participating in discussions 49 SB 569 3
6666 and from voting on issues before the commission due to 50
6767 potential conflict of interest. Prior to any vote on any 51
6868 variance, appeal, or order, the commission shall adopt a 52
6969 rule to exclude from such vote any member with a conflict of 53
7070 interest. Any person may appeal the appointment of a member 54
7171 on the grounds of conflict of int erest. A member of the 55
7272 commission has a conflict of interest when he or she is able 56
7373 to utilize the commission to obtain a personal or 57
7474 professional benefit outside the jurisdiction of the 58
7575 commission. Any rule or portion of a rule, as that term is 59
7676 defined in section 536.010, that is created under the 60
7777 authority delegated in this section shall become effective 61
7878 only if it complies with and is subject to all of the 62
7979 provisions of chapter 536 and, if applicable, section 63
8080 536.028. This section and chapter 536 are nonseverable and 64
8181 if any of the powers vested with the general assembly 65
8282 pursuant to chapter 536 to review, to delay the effective 66
8383 date, or to disapprove and annul a rule are subsequently 67
8484 held unconstitutional, then the grant of rulemaking 68
8585 authority and any rule proposed or adopted after August 28, 69
8686 2025, shall be invalid and void. 70
8787 2. The members' terms of office shall be four years 71
8888 and until their successors are selected and qualified. 72
8989 Provided, however, that the first three members ap pointed 73
9090 shall serve a term of two years, the next three members 74
9191 appointed shall serve a term of four years, thereafter all 75
9292 members appointed shall serve a term of four years. There 76
9393 is no limitation on the number of terms any appointed member 77
9494 may serve. If a vacancy occurs the governor may appoint a 78
9595 member for the remaining portion of the unexpired term 79
9696 created by the vacancy. The governor may remove any 80
9797 appointed member for cause. The members of the commission 81 SB 569 4
9898 shall be reimbursed for travel and other expenses actually 82
9999 and necessarily incurred in the performance of their duties. 83
100100 3. The commission shall hold at least four regular 84
101101 meetings each year and such additional meetings as the 85
102102 chairman deems desirable at a place and time to be fixe d by 86
103103 the chairman. Special meetings may be called by three 87
104104 members of the commission upon delivery of written notice to 88
105105 each member of the commission. Reasonable written notice of 89
106106 all meetings shall be given by the director to all members 90
107107 of the commission. Four members of the commission shall 91
108108 constitute a quorum. All powers and duties conferred 92
109109 specifically upon members of the commission shall be 93
110110 exercised personally by the members and not by alternates or 94
111111 representatives. All actions of the commission shall be 95
112112 taken at meetings open to the public. Any member absent 96
113113 from [six] four consecutive regular commission meetings for 97
114114 any cause whatsoever shall be deemed to have resigned and 98
115115 the vacancy shall be filled immediately in accordance wit h 99
116116 subsection [1] 2 of this section. 100
117117