Missouri SB 1356: Modifies provisions relating to fees collected by the Missouri emergency response commission

Bill Text

5121S.02C
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SENATE COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 1356
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Section A. Section 292.606, RSMo, is repealed and one new
section enacted in lieu thereof, to be known as section 292.606,
to read as follows:
292.606. 1. Fees shall be collected for a period of
six years from August 28, [2018] 2024.
2. (1) Any employer required to report under
subsection 1 of section 292.605, except local governments
and family-owned farm operations, shall submit an annual fee
to the commission of one hundred dollars along with the Tier
II form. Owners or operators of petroleum retail facilities
shall pay a fee of no more than fifty dollars for each such
facility. Any person, firm or corporation selling,
delivering or transporting petroleum or petroleum products
and whose primary business deals with petroleum products or
who is covered by the provisions of chapter 323, if such
person, firm or corporation is paying fees under the
provisions of the federal hazardous materials transportation
registration and fee assessment program, shall deduct such
federal fees from those fees owed to the state under the
provisions of this subsection. If the federal fees exceed
or are equal to what would otherwise be owed under this
subsection, such employer shall not be liable for state fees
under this subsection. In relation to petroleum products
"primary business" shall mean that the person, firm or

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corporation shall earn more than fifty percent of hazardous
chemical revenues from the sale, delivery or transport of
petroleum products. For the purpose of calculating fees,
all grades of gasoline are considered to be one product, all
grades of heating oils, diesel fuels, kerosenes, naphthas,
aviation turbine fuel, and all other heavy distillate
products except for grades of gasoline are considered to be
one product, and all varieties of motor lubricating oil are
considered to be one product. For the purposes of this
section "facility" shall mean all buildings, equipment,
structures and other stationary items that are located on a
single site or on contiguous or adjacent sites and which are
owned or operated by the same person. If more than three
hazardous substances or mixtures are reported on the Tier II
form, the employer shall submit an additional twenty-dollar
fee for each hazardous substance or mixture. Fees collected
under this subdivision shall be for each hazardous chemical
on hand at any one time in excess of ten thousand pounds or
for extremely hazardous substances on hand at any one time
in excess of five hundred pounds or the threshold planning
quantity, whichever is less, or for explosives or blasting
agents on hand at any one time in excess of one hundred
pounds. However, no employer shall pay more than ten
thousand dollars per year in fees. Moneys acquired through
litigation and any administrative fees paid pursuant to
subsection 3 of this section shall not be applied toward
this cap.
(2) Employers engaged in transporting hazardous
materials by pipeline except local gas distribution
companies regulated by the Missouri public service
commission shall pay to the commission a fee of two hundred
fifty dollars for each county in which they operate.

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(3) Payment of fees is due each year by March first.
A late fee of ten percent of the total owed, plus one
percent per month of the total, may be assessed by the
commission.
(4) If, on March first of each year, fees collected
under this section and natural resources damages made
available pursuant to section 640.235 exceed one million
dollars, any excess over one million dollars shall be
proportionately credited to fees payable in the succeeding
year by each employer who was required to pay a fee and who
did pay a fee in the year in which the excess occurred. The
limit of one million dollars contained herein shall be
reviewed by the commission concurrent with the review of
fees as required in subsection 1 of this section.
3. Beginning January 1, 2013, any employer filing its
Tier II form pursuant to subsection 1 of section 292.605 may
request that the commission distribute that employer's Tier
II report to the local emergency planning committees and
fire departments listed in its Tier II report. Any employer
opting to have the commission distribute its Tier II report
shall pay an additional fee of ten dollars for each facility
listed in the report at the time of filing to recoup the
commission's distribution costs. Fees shall be deposited in
the chemical emergency preparedness fund established under
section 292.607. An employer who pays the additional fee
and whose Tier II report includes all local emergency
planning committees and fire departments required to be
notified under subsection 1 of section 292.605 shall satisfy
the reporting requirem