Infrastructure & Environment Bills Introduced in Missouri General Assembly

The Missouri General Assembly has  been at work in its new session for almost a week.  Here is a roudup of some of the bills that relate to infrastructure and the environment.

HB 44 - Allows hydropower produced in any quantity to be used to satisfy the renewable energy standard (Sponsor: Rep. Bart Korman)

HB 74 - Authorizes any city, town, or village to impose, upon voter approval, a fee for the repair or replacement of residential lateral sewer service line (Sponsor: Rep. Chuck Gatschenberger)

HB 75 - Prohibits specified increases in premiums or fees charged for sewer or wastewater treatment in St. Charles County without a vote of the people (Sponsor: Rep. Chuck Gatschenberger)

HB 83 - Authorizes an income tax credit for a taxpayer who uses processed biomass engineered fiber fuel (Sponsor: Rep. T. J. Berry)

HB 104 Solon, Sheila - Changes the laws regarding special assessments for neighborhood improvement districts (Sponsor: Rep. Sheila Solon)

HB 119 - Modifies provisions relating to the Net Metering and Easy Connection Act (Sponsor: Rep. T. J. Berry)

HB 135 - Authorizes any political subdivision to enter into design-build contracts for construction projects exceeding one million dollars (Sponsor: Rep. John Diehl)

SB 13 - Eliminates solid waste management districts and reduces landfill tipping fees by the amount previously used on district overhead and administration (Sponsor: Sen. Kurt Schaefer)

In Congress

Congress rolls on, after its fashion, even when a blog pauses. Here is a summary of what our senators and representatives have been up to over the last few weeks.

Acronym Mongers Active in Legislature
The Farmers Undertake Environmental Land Stewardship Act (H.R. 3158) would set limitations for rules the Environmental Protection Agency (EPA) might implement to control spills at animal feeding operations. Another bill would constrain EPA (S. 1702) would limit the agency’s regulation of emissions from stationary internal combustion engines used for electric power generation or water pumping, though it doesn’t have a clever name.

The Resources and Economic Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast Act of 2011 (H.R. 3096) would create a Gulf Coast Restoration Trust Fund to be funded from penalties from the Deepwater Horizon incident. The fund would support restoration efforts in the coastal states on the Gulf of Mexico. The bill would also create five centers for excellence for the study of effects of the spill and the restoration of the Gulf.

Agency Potentially Under the Ax

The EDA Elimination Act of 2011 (H.R. 3090) would repeal the Public Works and Economic Development Act of 1965, which created the Economic Development Agency. The bill has been referred to various committees.

American Jobs Act
The American Jobs Act of 2011 (H.R. 12) rolls together a lot proposals into an omnibus, dare it be spoken, stimulus bill. A significant portion of the bill deals with employment tax relief, other tax reform and supporting education jobs and facilities. Only part of the bill deals with the kind of infrastructure we normally cover at Infrastructure Watch.

-Transportation appropriations. The bill would appropriate $39 billion to air, rail, port and highway transportation programs. In most cases, normal matching requirements would be waived.

-Infrastructure Bank. The bill incorporates the BUILD Act, the main purpose being the creation of a national infrastructure bank.

-Redevelopment. The bill appropriates $15 billion to the Department of Housing and Urban Development to make grants for the redevelopment of abandoned and foreclosed properties.

A version of this bill was also introduced in the Senate (S. 1660). There are several other bills intended to create jobs and stimulate the economy.

The Jobs Through Growth Act (S. 1720) would, among other things, limit EPA’s rulemaking authority and ease the way for energy exploration in the continental shelf. The Rebuild America Jobs Act (S. 1769) would fund transportation projects and create an infrastructure bank, and increase taxes on people with incomes of $500,000 or more (I wish I had that kind of problem).

Appropriations
Appropriations acts, the only thing Congress really has to do every year, are making their way through the process.

-The Continuing Appropriations Act, 2012 (H.R. 2608) passed both houses.
-The Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2012 (S. 1596) was introduced to the Senate.

Bill Would Suspend Requirements for Highway Projects
Rep. Randy Forbes (VA) has introduced the 414 Plan Act of 2011 (H.R. 2924). The bill would suspend several federal requirements for federal-aid highway projects and highway safety construction. The suspension would last for five years. It would also repeal several laws relating to biking and pedestrian traffic.

Coal Combustion Product Regulation
The House of Representatives passed the Coal Residuals Reuse and Management Act (H.R. 2273). This bill would put regulation of coal combustion products under Subpart D of the Solid Waste Disposal Act, essentially putting regulation in the hands of the states and heading off a potential determination from EPA that may have brought it under a federal regulatory program.

Congress Passes Bill to Extend Transportation Programs
Both houses have Congress have passed a bill (H.R. 2887) to extend several surface and air transportation programs through March 31, 2012. Long-term reauthorization is underway (S. 1786).

Related posts and articles
Congress of Deadlines
Congress to Take Up Transportation Bill, Infrastructure Bank
House Passes Transportation Bill

Energy Bill Has Unusual Name, Other Energy Proposals
In spite of its name, the Rebuild American Roads Act (H.R. 2983), would expedite plans for energy resource exploration and drilling in the continental shelf, especially in the Gulf of Mexico. The bills was introduced by Rep. Shelly Moore Capito (WV). The POWER Act (H.R. 2360) would make U.S. laws applicable on energy structures on the outer continental shelf.

The Bureau of Reclamation Small Conduit Hydropower Development and Rural Jobs Act of 2011 (H.R. 2842) would smooth the way for the development of hydropower generation projects in Reclamation water conveyances. The Public Lands Renewable Energy Development Act of 2011 (S. 1775) would establish means to permit solar and wind energy projects on public lands and extend existing geothermal development programs.

Missouri River Priorities Contested
Rep. Sam Graves (MO) has introduced a bill (H.R. 2993) that would strike wildlife protection as priority for the Corps of Engineers’ Missouri River management plan and make flood control the top priority. S. 1795 would direct the Corps to address flood control specifically by increasing storage.

National Infrastructure Bank Bill
Sen. Sherrod Brown (OH) has introduced the National Infrastructure Bank Act of 2011 (S. 1550). The bank would be board-governed and make loans and loan guarantees of up to half the project cost to public sponsors of a variety of infrastructure projects. The bill would authorize appropriations of up to $5 billion annually through 2015 to capitalize the bank.

The American Jobs Act of 2011 (S. 1549) also includes an infrastructure bank proposal. That bill would establish the American Infrastructure Finance Authority to make loans and loan guarantees for transportation, water and energy infrastructure projects. This provision appears to be very similar to the BUILD Act.

A version of this bill was also introduced into the House of Representatives (H.R. 3259).

Related posts and articles
Calls for Infrastructure Bank Continue
Congress to Take Up Transportation Bill, Infrastructure Bank
President Proposes New Recovery Plan
President Sends Jobs Plan to Congress

Water Resources Infrastructure Bill Hits Senate
The Senate version of the Water Infrastructure Resiliency and Sustainability Act of 2011 (S. 1669) has been introduced. A similar bill was previously introduced in the House.

Related posts and articles
Water News: Water Resources Resilience Bill Introduced

Sarah Parker Pauley Nominated to Direct Missouri Department of Natural Resources

Sara Parker Pauley has been nominated to the position of Director of the Missouri Department of Natural Resources by Governor Jay Nixon. The department has not faired well under Nixon’s previous appointee, so Pauley faces rebuilding a damaged enterprise. She will also need to repair the agency’s relationship with the General Assembly.

Pauley previously served at the department as a deputy director during the administration of Governor Bob Holden. She must be confirmed by the state Senate, where tough confirmation hearings are expected, but will serve as director during the process.

Missouri Environment & Infrastructure Roundup

Department of Natural Resources Suffers from Low Revenues

Due to low economic activity in the state, several fee-supported funds at the Department of Natural Resources are projected to run out of money in the near future. These funds, mostly raised through permit fees, support activities related to water pollution, air pollution, solid waste and hazardous waste.

In addition, the water pollution fees will sunset if they are not reauthorized by the General Assembly. The department could seek to have the fees increased as part of the reauthorization, but this seems unlikely.

Related articles:
DNR short of funds; fees set to expire

State Gets Stimulus Funds for Railroad Improvements
Missouri was awarded $31 million for high-speed rail projects under the American Recovery and Reinvestment Act (ARRA). The recovery act funding will be used for three projects:-a second rail bridge over the Osage River that will eliminate delays caused by a bottleneck, plus additional crossovers that will reduce maintenance flexibility;

-a universal crossover near the Kirkwood Amtrak station that will ease the flow of passenger trains into and out of the St. Louis area; and

-safety improvements at several rail crossings, primarily west of Sedalia.

It will also fund preliminary engineering on six future improvement projects. Some of these projects are double tracks between Lee's Summit and Pleasant Hill, a passing siding at Kingsville, a grade separation at Strasburg, a passing siding extension at Knob Noster and universal crossovers - a device that allows trains to crossover to another track in either direction - at Bonnots Mill and Hermann.

Missouri won funding as part of a consortium of states that were awarded $2.6 billion of the $8 billion in ARRA funds available for high-speed rail corridor improvements. The consortium, known as the Midwest Regional Rail Initiative, includes Missouri, Illinois, Indiana, Iowa, Michigan, Minnesota, Ohio, Nebraska and Wisconsin.

You can read the original Missouri Department of Transportation news release here.

Water Roundup

Appropriations Bill Includes Money for Levee Improvements at St. Joseph, MO
The energy and water appropriations bill included funds for levee improvement projects in Kansas and Missouri in the St. Joseph area.

More information:
St. Joseph included in water resources bill
St. Joe included in water resources bill

Drinking Water and Wastewater Funding Included in Agriculture Bill
The agriculture appropriations bill that passed Congress in October included $568.7 million for the water and waste program that provides grants and loans for drinking water, wastewater and solid waste projects in rural areas.

More information:
Farm Bill Includes Environmental Funding
Rural water appropriations pass both houses
Water Legislation — recycling, research, efficiency

EPA Calls for Missouri to Revise Mississippi R. Standards Near St. Louis
The Environmental Protection Agency’s (EPA) Region 7 has requested that the Missouri Department of Natural Resources (MoDNR) revise water quality standards for a 28.6-mile section of the Missouri River upstream of its confluence with the Meramec River. The change is intended to protect the river for use for whole body contact recreation, though a MoDNR proposal to implement the standard was previously rejected by the state Clean Water Commission.

More information:
EPA Calls on State of Missouri to Set New Water Quality Standards for St. Louis Segment of Mississippi River
EPA Calls on State of Missouri to Set New Water Quality Standards for St. Louis Segment of Mississippi River (EPA news release)

Missouri Comes Out Swinging Over River Diversion Plan
Missouri politicians at both the state and are opposing a Bureau of Reclamation plan to divert water from the Missouri River for irrigation purposes in North Dakota. This is recent flare up in the longstanding fight for water among the states along the river that predates the act from 2000 that established North Dakota’s allotment of water from the river.

More information:
Governor Objects to Missouri River Water Diversion to Red River Valley
McCaskill wants Interior Secretary out of long-running Missouri River ruckus
Missouri Governor Encourages U.S. Secretary of Interior to Reject Diversion of Missouri River Water to Red River Valley
Missourians oppose river diversion by North Dakota Water war revival
Missourians Oppose River Diversion by North Dakota Water War Revival

Farm Bill Includes Environmental Funding

The agriculture appropriations bill that passed Congress earlier this month included funding for water, waste and environmental programs. Some of the major environment-related program funded by this bill are

-Rural Utilities: Rural Water and Waste Disposal Program - $568.7 million
- Environmental Quality Incentives Program - $1.18 billion
-Water quality research - $12.6 millio
-Natural Resources Conservation Services - $887.6 million

More information:
Rural water appropriations pass both houses
Water Legislation — recycling, research, efficiency

New Rule on Rural Water and Waste Interest Rates to Take Effect Feb. 20

On February 20, 2009, new rules governing the interest rates charged by the U.S. Department of Agriculture (USDA) for rural water and waste loans will take effect. Under the new rule, interest rates charged to communities meeting the poverty rate criteria will be 60 percent of the market rate and the intermediate rate will be 80 percent of market rate. As before, USDA will determine the market rate quarterly based on a bond index. The new rates will apply to loan commitments entered after May 23, 2008. You can find the new rule here.

As a matter of comparison, the state revolving fund program (SRF) in Missouri charges an interest rate of 30 percent of the market rate and a 1 percent administration fee. However, SRF loans may not exceed 20 years, while USDA loans commonly have terms of 30 years or greater.

House Passes Stimulus Bill

The House of Representatives passed the American Recover and Reinvestment Act of 2009 (H.R. 1) on January 28. The bill would put additional funds into several infrastructure related programs. Federal Facilities and LandMany provisions of the bill provide funding for construction of improvements on federal facilities and land under the management of several departments.

Rural Water and Waste
The U.S. Department of Agriculture’s water and waste program would receive an additional $1.5 billion.

State Revolving Fund
An additional $6 billion would go to the state revolving fund (SRF) for wastewater and $2 billion for drinking water. The Environmental Protection Agency would have to make the money available to states within 30 days. The states would have to commit half the money within one year and the rest within two years. This is much more realistic than the 120 day requirement in earlier proposals. The bill would also require at least half of the stimulus package funds for the SRF to go to municipalities. The potential for funding investor-owned systems is also affected by law of the states that operate the SRF program, so it is uncertain how much this requirement will effect the availability of funds for investor-owned systems.

Water Resources and Flood Control
The Natural Resources Conservation Service would receive $400 million for watershed and flood control improvements and operations. The Corp of Engineers would receive $2 billion for construction. The Department of Interior would receive $500 million for water and related resources.

Other Infrastructure and Environment Bills
The economic stimulus package isn’t the only thing working its way through Congress. Some additional bill are:
-Sustainable Water Infrastructure Investment Act of 2009 (HR537)--Removes the volume cap for private activity bonds for water and sewage facilities.
-Water Use Efficiency and Conservation Research Act (HR631)--Funds activities related to water use efficiency and conservation.
-Produced Water Utilization Act of 2009 (HR469)--Funds technologies for the use of water produced in developing energy resources and for other purposes.

Additional articles and posts:
$819B Makeover: Obama, Dems Promise Stimulus Changes
Congress to Consider Recovery Bill
Drinking Water Not Getting as Much of Stimulus Package as Advocates Hoped
Economic Stimulus Package Would Increase Environmental Funding
Stimulus bill passes House with $2B for drinking water
Water legislation — new or progressing