If the court finds that the person released a contaminant into the public water system or a drinking water source, the court shall order that the person pay the cost of remediation, actual damages, injunctive relief, and other appropriate relief.

If the party found responsible for releasing the contaminant is a public utility, the public utility shall not pass the cost of remediation and actual damages to its customers through a rate making proceeding.

The act is similar to SB 483 (2023).

JULIA SHEVELEVA

An owner or operator that is supplied water and sewer services by a public utility, or other certified water or sewer corporation, may utilize a separate meter to measure water and sewer usage within lessees' dwelling units and employ a program that utilizes a mathematical formula to calculate and allocate aggregate water and sewer usage.

An owner or operator who elects to charge lessees separately for water and sewer usage under the act shall disclose on each lessee's water and sewer usage bill water and sewer charges during the current billing period, meter readings, and dates for the meter readings.

An owner or operator shall first provide to potential lessees a clear and written description of the mathematic formula used to calculate water and sewer usage prior to the commencement of a lease.

The total amount of water and sewer usage shall not exceed the amount charged to the owner or operator by a public utility or a state certified corporation.

An owner or operator may charge and collect from lessees reasonable fees for costs incurred by the owner or operator related to the provision of administrative services undertaken to implement water and sewer usage billing, provided that such charges are first disclosed to lessees prior to the commencement of a lease.

An owner or operator may hire a third-party billing provider to carry out water and sewer usage billing services under the act.

A public utility shall not interrupt or stop water or sewer service if an owner or operator or a third-party billing provider fails to make a payment for water or sewer services after a lessee has made a payment for the services.

An owner or operator or a third-party billing provider may charge and collect from lessees reasonable fees for costs incurred related to the water and sewer usage billing and a late payment fee to be deemed as rent.

An owner or operator or a third-party billing provider charged lessees separately for their use of water and sewer services shall not constitute the sale or resale of water and sewer.

JULIA SHEVELEVA

JULIA SHEVELEVA

The Clean Water Commission may exempt an entity from the requirement to obtain an operating permit to maintain any water contaminant or point source in the state, licensed under the Missouri fertilizer law, only if the entity is producing products that are commercially sold to an end user in accordance with accurate labeling for each container.

In order to receive an operating permit, any point source or operating location seeking an operating permit for a commingled offsite industrial wastewater or wastewater residuals open storage basin or open storage vessel shall meet certain design requirements for wastewater treatment facilities and demonstrate the capacity to manage its design flow. Such design requirements include:

- Buffer distances between the nearest commingled offsite industrial wastewater or wastewater residuals open storage basin or open storage vessel and any public building or occupied residence as described in the act;

- Groundwater monitoring wells on a site-specific basis;

- Sampling requirements for commingled offsite industrial wastewater and wastewater residuals open storage basins.

Additionally, the act creates definitions for "agrichemical facility" and "operating location".

The act has an emergency clause.

The act is similar to SS/SCS/HCS/HBs 2134 & 1956 (2024) and provisions in HCS/SS/SCS/SB 1351 (2024).

JULIA SHEVELEVA

The three appraisers shall jointly prepare a fair and independent appraisal of the fair market value of the water system/or sewer system, along with supporting rationale. The third appraiser shall be appointed by the Commission or the staff of the Commission upon delegation, instead of by the two appraisers so appointed. The appraisers shall return only their final appraisal in writing and at the same time to both utilities.

Currently, the lesser of the purchase price or the appraised value shall constitute the ratemaking rate base for the small water utility as acquired by the acquiring large water public utility. Under the act, such purchase price or the appraised value may constitute the ratemaking rate base for the small water utility.

A large water public utility's choice to comply with the provisions of the current law does not automatically ensure that the transaction is in the public interest. The Commission shall independently determine whether the acquisition is in the public interest, regardless of whether the matter has been put to a vote of the small water utility's ratepayers.

The act is similar to a provision in SCS/HCS/HB 1746 (2024).

JULIA SHEVELEVA

The act repeals the provision stating that a state standard for the location, size of sewage tanks and length of lateral lines is based on the percolation or permeability rate of the soil. Under the act, such state standard is based on soil properties.

The act repeals the provision stating that soil tests are to be performed by persons who are qualified to perform the percolation tests and creates a new provision authorizing onsite soil evaluators registered by the Department of Health and Senior Services to conduct soil morphology evaluations.

This act repeals the provision stating that contractors may be taught and allowed to perform percolation tests.

The act repeals the provisions relating to the Department of Health and Senior Services periodically reviewing any county and city regulation and enforcement record to ensure that the state standard for sewage regulation is being enforced.

The act creates a mandatory registration program requiring continuing education until January 1, 2025 for onsite wastewater treatment system professionals qualified to perform percolation tests in accordance with the state standard as described in the act. The administrative authority may accept a percolation test at its own discretion until January 1, 2025 if a soil morphology evaluation cannot be reasonably obtained. This provision shall be void and of no effect as of January 1, 2025.

Under the act, any person who intends to construct or make major modifications or repairs to an on-site sewage disposal system must submit an application fee and obtain a construction permit.

The act repeals certain provisions relating to fees for repair of on-site sewage disposal systems.

Under the act, the Department shall promulgate regulations establishing the conditions and requirements for the construction permit application including the collection of reasonable fees set at a level to produce revenue not exceeding the cost and expense of administering the provisions under the act.

The act is identical to SB 523 (2023), and substantially similar to HB 2083 (2024) HB 814 (2023).

JULIA SHEVELEVA

The act also specifies that port projects located on land owned by the City of St. Louis and managed by a Missouri port authority, or within an adjacent waterway, may be eligible for an appropriation from the fund, provided the other conditions of the fund are met.

This act is similar to HB 2216 (2024) and HCS/HB 2352 (2024).

ERIC VANDER WEERD

JULIA SHEVELEVA

This act further modifies the definition of "large water public utility".

The act is identical to provisions in SCS/SB 740 (2024), SB 896 (2024), similar to provisions in SCS/HCS/HB 1746 (2024), SCS/SB 567 (2023), and similar to provisions in HB 1152 (2023) and provisions in HCS/SB 275 (2023).

JULIA SHEVELEVA