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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : TRADE AND COMMERCE
Chapter : Chapter 414 Fuel Regulation and Conservation
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As used in this chapter, the following words mean:
(1) "American Society for Testing and Materials (ASTM)", a scientific and
technical organization formed for the development of standards on
characteristics and performance of materials, products, systems, and
services, and the promotion of related knowledge;
(2) "Aviation turbine fuel (jet fuel)", a refined oil intended for use as
a source of energy for jet aircraft, the classification of which shall be
defined by the American Society for Testing and Materials (ASTM);
(3) "Barrel", for the purposes of sections 414.012 to 414.152, fifty
gallons shall constitute a barrel;
(4) "Closed container", a container so sealed by means of a lid or other
device that neither liquid nor vapor will escape from it at ordinary
temperatures;
(5) "Combustible liquid", those liquids as defined by the most current
issue of Booklet 30 of the National Fire Protection Association entitled
Flammable and Combustible Liquid Code;
(6) "Container", any vessel of sixty United States gallons or less
capacity used for transporting or storing flammable or combustible
liquids;
(7) "Department", the Missouri state department of agriculture;
(8) "Diesel fuel", refined oils commonly used in internal combustion
engines where ignited by pressure and not by electric spark, the
classification of which shall be defined by the American Society for
Testing and Materials (ASTM);
(9) "Director", the director of agriculture of the Missouri state
department of agriculture or his delegated representative;
(10) "Flammable liquids", those liquids as defined by the most current
issue of Booklet 30 of the National Fire Protection Association entitled
Flammable and Combustible Liquid Code;
(11) "Gasoline", a volatile mixture of liquid hydrocarbons generally
containing small amounts of additives suitable for use as a fuel in
spark-ignition internal combustion engines;
(12) "Gasoline-alcohol blend", a blend consisting primarily of gasoline
and a substantial amount of one or more alcohols;
(13) "Heating oil (fuel oil)", a refined oil intended for use as a
furnace oil, range oil or fuel oil for heating or cooking purposes;
(14) "Kerosene", a refined oil intended for heating or illuminating use,
the classification of which shall be defined by the American Society for
Testing and Materials (ASTM);
(15) "Motor fuel", any liquid product used for the generation of power in
an internal combustion engine;
(16) "Person", both plural and singular, as the case demands, and
includes individuals, partnerships, corporations, companies, firms,
societies, and associations. (L. 1987 S.B. 249)
Effective 1-1-88
The state of Missouri hereby preempts the field of regulating
the inspection of and providing specifications for any substance
regulated by sections 414.012 to 414.152 and it shall be unlawful for any
political subdivision to impose by ordinance, order, or regulation any
restriction on the use or sale of any substance regulated by this
chapter. (L. 1987 S.B. 249)
Effective 1-1-88
1. All kerosene, diesel fuel, heating oil, aviation turbine
fuel, gasoline, gasoline-alcohol blends and other motor fuels shall meet
the requirements in the annual book of ASTM standards and supplements
thereto. The director may promulgate rules and regulations on the
labeling, standards for, and identity of motor fuels and heating oils.
2. The director may inspect gasoline, gasoline-alcohol blends or other
motor fuels to insure that these fuels conform to advertised grade and
octane. In no event shall the penalty for a first violation of this
section exceed a written reprimand. (L. 1987 S.B. 249, A.L. 2001 S.B.
462, A.L. 2002 H.B. 1348 merged with S.B. 984 & 985)
1. When offered for sale or when used in this state, kerosene,
diesel fuel, heating oil, aviation turbine fuel, gasoline,
gasoline-alcohol blends, and other motor fuels shall be tested and meet
the requirements as provided in this chapter. Every dealer, distributor,
producer or compounder of such oil or fuel shall immediately upon request
make available to the director a sample of gasoline, gasoline-alcohol
blends, diesel fuel, heating oil, kerosene, aviation turbine fuel, and
other motor fuels at his own expense. The director shall inspect and test
all requested samples for compliance with the provisions of this chapter.
2. The director shall not be required to make a complete analysis of all
samples tested pursuant to subsection 1 of this section.
3. If it is demonstrated that some impurity or imperfection exists in the
sampled product to render it unfit for its intended purposes, the
director may reject the product for such purposes by issuing a stop-sale
order. (L. 1987 S.B. 249)
Effective 1-1-88
After July 1*, 2005, no gasoline sold, offered for sale, or
stored within this state shall contain more than one-half of one percent
by volume of methyl tertiary butyl ether (MTBE). (L. 2002 H.B. 1348
merged with S.B. 984 & 985)
*Words "July 31" appear in original rolls of S.B. 984 & 985.
1. All premises including bulk storage installations, terminals,
dispensing or distributing facilities, equipment, appliances or devices
utilized for the sale of products regulated by sections 414.012 to
414.152 shall be kept in such condition as to be safe from fire and
explosion and not likely to cause injury to adjoining property or to the
public.
2. The director shall have access during normal business hours to all
places where motor fuels are marketed for the purposes of examination,
inspection, taking of samples and investigation. If such access shall be
refused by the owner or agent or other persons leasing the same, the
director or his agent may obtain an administrative search warrant from a
court of competent jurisdiction.
3. At least every six months, the director shall inspect and examine all
premises in this state at or on which gasoline, gasoline-alcohol blends,
diesel fuel, heating oil, kerosene and aviation turbine fuel is kept and
sold at retail, provided that sales at such premises shall aggregate on
an average two hundred gallons or more per month, except marine
installations, which shall be tested and inspected at least once per year.
4. Failure by any owner or operator of any fuel storage or dispensing
system used for the sale of petroleum products to remedy any deficit or
condition which is or may constitute a fire or safety hazard to adjoining
property or to the public may be reason for the director to issue a stop
use order on that portion of the fuel storage or dispensing system which
constitutes the fire or safety hazard. The order shall remain in effect
until such time as the deficit or condition is corrected. An inspection
shall be performed by the director or his authorized representative
within one working day of notification that the deficit or condition has
been corrected.
5. Any owner or operator of any fuel storage or dispensing system used
for the sale of petroleum products aggrieved by a stop use order, may
within seventy-two hours after issuance of such order, appeal to the
director for an informal hearing to explain the facts. The hearing shall
be held within two working days of the receipt of the appeal, with a
determination of such findings by the director within twenty-four hours
of the hearing. Any owner or operator aggrieved by a determination of the
director may appeal to the circuit court of the county in which the owner
or operator resides. (L. 1987 S.B. 249, A.L. 1993 S.B. 178)
1. Sales or purchases of gasoline or any other class I flammable
liquids shall be made only in closed containers, red in color, clearly
marked with the name of the product contained therein and constructed of
metal or other approved material.
2. Sales or purchases of kerosene, diesel fuel, fuel oil, or any other
class II combustible liquids shall be made only in containers clearly
marked with the name of the product contained therein and constructed of
metal or other approved material with a tight closure. (L. 1987 S.B. 249)
Effective 1-1-88
1. At least every six months, the director shall test and
inspect the measuring devices used by any person selling an average of
two hundred or more gallons of gasoline, gasoline-alcohol blends, diesel
fuel, heating oil, kerosene, or aviation turbine fuel per month at either
retail or wholesale in this state, except marine installations, which
shall be tested and inspected at least once per year.
2. When the director finds that any measuring device does not correctly
and accurately register and measure the monetary cost, if applicable, or
the volume sold, he shall require the correction, removal, or
discontinuance of the same. (L. 1987 S.B. 249)
Effective 1-1-88
1. Each tank wagon used in the wholesale or retail marketing of
gasoline, gasoline-alcohol blend, kerosene, heating oil, diesel fuel, and
aviation turbine fuel shall be equipped with meters or other measuring
devices for the measurement of the product in terms of gallons or liters
and shall not be equipped with a bypass around such meters.
2. The director shall at least once each year test the measuring devices
on tank wagons used in the retail or wholesale delivery of motor fuel,
aviation turbine fuel, heating oil, diesel fuel, gasoline,
gasoline-alcohol blend, or kerosene. When such devices are found to be
inaccurate, he shall order the correction, removal or discontinuance of
same.
3. Test procedures, specifications, tolerances, and technical
requirements shall be governed by the National Bureau of Standards,
Handbook 44, and supplements thereto.
4. The director shall condemn all meters which do not meet the
requirements contained in National Bureau of Standards Handbook 44,
vehicle tank meter section, or its successor publication.
5. No meter which has been condemned shall be used for commercial
purposes. All condemned meters shall be conspicuously marked
"inaccurate". (L. 1987 S.B. 249)
Effective 1-1-88
1. The fee for the inspection of gasoline, gasoline-alcohol
blends, kerosene, diesel fuel, heating oil, aviation turbine fuel, and
other motor fuels under this chapter shall be fixed by the director of
revenue at a rate per barrel which will approximately yield revenue equal
to the expenses of administering this chapter; except that, until
December 31, 1993, the rate shall be one and one-half cents per barrel
and beginning January 1, 1994, the fee shall not be less than one and
one-half cents per barrel nor exceed two and one-half cents per barrel.
2. Annually the director of the department of agriculture shall ascertain
the total expenses for administering sections 414.012 to 414.152 during
the preceding year, and shall forward a copy of such expenses to the
director of revenue. The director of revenue shall fix the inspection fee
for the ensuing calendar year at such rate per barrel, within the limits
established by subsection 1 of this section, as will approximately yield
revenue equal to the expenses of administering sections 414.012 to
414.152 during the preceding calendar year and shall collect the fees and
deposit them in the state treasury to the credit of the "Petroleum
Inspection Fund" which is hereby created. Beginning July 1, 1988, all
expenses of administering sections 414.012 to 414.152 shall be paid from
appropriations made out of the petroleum inspection fund.
3. The unexpended balance in the fund at the end of each fiscal year
shall not be transferred to the general revenue fund of the state, and
the provisions of section 33.080, RSMo, relating to the transfer of funds
to the general revenue fund of the state by the state treasurer shall not
apply to this fund.
4. The state treasurer shall invest all sums in the petroleum inspection
fund not needed for current operating expenses in interest-bearing
banking accounts or United States government obligations in the manner
provided by law. All yield, increment, gain, interest or income derived
from the investment of these sums shall accrue to the benefit of, and be
deposited within the state treasury to the credit of, the petroleum
inspection fund. (L. 1987 S.B. 249, A.L. 1993 S.B. 178)
The director of revenue shall keep a record of each person
paying an inspection fee and the fee record shall be open to inspection
by the governor, or any person for him, as well as any other interested
person. The director of revenue shall make a detailed report annually to
the governor of all business transacted by his office, and shall provide
such report to any other interested person. (L. 1987 S.B. 249)
Effective 1-1-88
1. Every person importing or removing within this state, as
import and removal are defined in section 142.800, RSMo, any of the
petroleum products regulated by this chapter shall file with the director
of revenue on forms prescribed by the director of revenue, a report
listing thereon the amount of such products imported or removed by said
person during the reporting period as defined in chapter 142, RSMo, and
attach thereto remittance in payment of inspection fees due.
2. Fees on all regulated products shall be paid on gallons imported or
removed, less all exports . Notwithstanding any other provision to the
contrary, the deduction in this subsection shall be the only one allowed.
3. Payment of fees and the report required by this section shall be paid
and filed annually if the total fees paid during the previous year
amounted to less than twenty-five dollars. The annual report and payment
of fees allowed by this subsection shall be due during the month of
January. If a business filing annual reports is discontinued at any time,
the report and payment of fees shall be due at the time of discontinuance
of business.
4. When the inspection fee has been paid on any product regulated by this
chapter which is then shipped outside of this state for use, sale or
distribution, credit or refund shall be allowed for the amount so paid.
5. All applicable provisions contained in chapter 142, RSMo, governing
administration, collection and enforcement of the state motor fuel tax
shall apply to this section, including but not limited to reporting,
penalties and interest. (L. 1987 S.B. 249, A.L. 1998 S.B. 619)
Effective 1-1-99
1. No person shall store, sell, expose for sale, or offer for
sale, gasoline, diesel fuel, heating oil, kerosene, aviation turbine
fuel, gasoline-alcohol blends or other motor fuels, so as to deceive or
tend to deceive the purchaser as to the nature, quality, and identity of
the product so sold or offered for sale, or under any name whatsoever
except the true trade name thereof.
2. No person shall store, sell, expose for sale, or offer for sale, any
reclaimed motor or lubricating oils; except that all drums, cans, or
other containers, holding such reclaimed motor or lubricating oils before
being offered for sale, shall have imprinted thereon, in contrasting
color with the other surface of the container, in letters not less than
one-half inch in height, wording specifying "reclaimed" motor or
lubricating oil.
3. No person shall hinder or obstruct the director, or his delegated
representative, in the reasonable performance of his duties. (L. 1987
S.B. 249)
Effective 1-1-88
Every person engaged in business in this state as a common
carrier or marketer of fuels or petroleum products shall exhibit upon
demand by the director of agriculture or the director of revenue, books,
papers, and records showing any shipment in, into or out of this state of
gasoline, diesel fuel, heating oil, kerosene or aviation turbine fuel and
also any books, papers, and records showing the origin or destination of
such shipments, including the names and addresses of the consignors and
consignees of such shipments. (L. 1987 S.B. 249, A.L. 1993 S.B. 178)
1. The director shall, within the limits of appropriations,
appoint and fix the compensation of a motor fuel inspector who shall make
such tests and analyses of oils as may be required by the director in the
administration of this chapter. The director shall, within the limits of
appropriations, appoint and fix the compensation of such deputies, agents
and employees as may be necessary for performance of his duties under
this chapter. All such appointees shall be employees of the department
and shall in all respects be subject to the laws governing such employees.
2. No such appointee shall, while in office, be interested, directly or
indirectly, in the manufacture, distribution or sale of any of the
products specified in this chapter nor shall he, for purpose of
inspecting, testing or gauging the same, take away or appropriate for his
own use, or for the use of others, any part or portion of sampled
products. (L. 1987 S.B. 249)
Effective 1-1-88
The director of agriculture and the director of revenue may
promulgate such rules as shall not be inconsistent with the provisions of
this chapter and which in their judgment will best serve to carry out the
purpose thereof. No rule or portion of a rule promulgated under the
authority of this chapter shall become effective unless it has been
promulgated pursuant to the provisions of section 536.024, RSMo. (L. 1987
S.B. 249, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3)
1. Any person found in violation of any provision of sections
414.012 to 414.152 shall be deemed guilty of a class A misdemeanor. The
prosecutor of each county in which a violation occurs shall be empowered
to bring an action hereunder. But if a prosecutor declines to bring such
action, then the attorney general may bring an action instead, and in so
doing shall have all the powers and jurisdiction of such prosecutor.
2. The prosecuting attorney of any county in which a violation of any
provision of this chapter occurs or the attorney general is hereby
authorized to apply to any court of competent jurisdiction for, and such
court shall have jurisdiction upon hearing and for cause shown to grant,
a temporary or permanent injunction to restrain any person from violating
any provision of this chapter.
3. Any person who is found, upon investigation by the department of
agriculture or by the department of revenue, to be in possible violation
of any provision of this chapter shall be notified by certified mail of
the facts constituting such violation, and shall be afforded an
opportunity by the appropriate director to explain such facts at an
informal hearing to be conducted within fourteen days of such
notification. In the event that such person fails to timely respond to
such notification or upon unsuccessful resolution of any issues relating
to an alleged violation, such person may be summoned to a formal
administrative hearing before a hearing officer conducted in conformance
with chapter 536, RSMo, and if found to have committed one or more
violations, may be ordered to cease and desist from such violation, such
order to be enforceable in circuit court, and, in addition, may be
required to pay a penalty of not more than five hundred dollars per
violation and five hundred dollars for each day such violation continues.
Any party to such hearing aggrieved by a determination of a hearing
officer may appeal to the circuit court of the county in which such party
resides, or if the party is the state, in Cole County, in accordance with
chapter 536, RSMo. (L. 1987 S.B. 249, A.L. 1993 S.B. 178)
As used in sections 414.350 to 414.359, the following terms mean:
(1) "Alternative fuel", the same meaning as in section 414.400;
(2) "Division", the division of energy of the department of natural
resources;
(3) "Fueling station", the equipment and property directly related to
dispensing of an alternative fuel into the fuel tank of a vehicle
propelled by such fuel, including the compression equipment and storage
vessels for such fuel at the location where such fuel is dispensed;
(4) "Fund", the Missouri alternative fuel vehicle loan fund;
(5) "Incremental cost", the difference in cost between a vehicle that
operates on conventional fuel and the cost of the same model vehicle
equipped to operate on an alternative fuel;
(6) "Political subdivision", any county, township, municipal corporation,
school district or other governmental unit in this state, but not
including any "state agency" as such term is defined in section 536.010,
RSMo; and
(7) "Vehicle fleet", any fleet owned and operated by a political
subdivision and comprised of ten or more motor vehicles with a
manufacturer's gross vehicle weight rating of not more than eight
thousand five hundred pounds registered for operation on the highways of
this state pursuant to chapter 301, RSMo. (L. 1999 S.B. 310 § 11)
1. On or before July 1, 2000, the division shall have developed
an administrative plan for implementing a program that provides financial
assistance to political subdivisions for establishing the capability of
using alternative fuels in their vehicle fleets.
2. The program shall accept applications for loans from political
subdivisions with vehicle fleets for the:
(1) Purchase of new motor vehicles capable of using alternative fuels;
(2) Conversion of motor vehicles which operate on gasoline to enable such
vehicles to operate on an alternative fuel; and
(3) Construction of fueling stations capable of dispensing alternative
fuels.
3. The division shall evaluate plans developed by applicants for
converting their vehicle fleets to operate on alternative fuels, and
shall give preference in making loans to those applicants who are
prepared to make substantial investments of their own funds in converting
their vehicle fleets and who will work cooperatively with the state,
other political subdivisions, and private entities in developing a
fueling infrastructure capable of dispensing alternative fuels in this
state.
4. The division may promulgate any rules necessary to carry out the
provisions of sections 414.350 to 414.359. No rule or portion of a rule
promulgated pursuant to sections 414.350 to 414.359 shall take effect
unless it has been promulgated pursuant to chapter 536, RSMo. (L. 1999
S.B. 310 § 12)
1. Using the fund created in section 414.359, the division shall
provide loans of:
(1) A maximum of two thousand dollars for the incremental cost of
purchasing a new vehicle capable of operating on an alternative fuel;
(2) A maximum of two thousand dollars for the conversion of a new or
existing vehicle designed to operate on gasoline to enable such vehicle
to operate on an alternative fuel; and
(3) A maximum of one hundred thousand dollars for the construction of a
fueling station capable of dispensing an alternative fuel.
2. No political subdivision shall receive in aggregate more than one
hundred thousand dollars in loans for the purchase or conversion of
alternative fuel vehicles in any one year.
3. No political subdivision shall receive in aggregate more than one
hundred thousand dollars in loans for the construction of fueling
stations in any one year.
4. The division shall establish the interest rate and terms of repayment
for each loan agreement established pursuant to sections 414.350 to
414.359. In establishing the repayment schedule, the division shall
consider the projected savings to the political subdivision resulting
from use of an alternative fuel, but such repayment schedule shall be for
a maximum repayment period of four years and shall include provisions for
payments to be made on a monthly basis.
5. Any political subdivision that receives a loan pursuant to sections
414.350 to 414.359 shall:
(1) Remit payments on the repayment schedule established by the division;
(2) Agree to use the alternative fuel for which vehicles purchased with
the aid of such loans were designed;
(3) Provide reasonable data requested by the division on the use and
performance of vehicles purchased with the aid of such loans;
(4) Allow for reasonable inspections by the division of vehicles
purchased and fueling stations constructed with the aid of such loans; and
(5) Make fueling stations constructed with the aid of such loans
available for use at reasonable cost by the vehicle fleets of other
political subdivisions and, with consideration of the capacity of such
fueling stations, by the general public. (L. 1999 S.B. 310 § 13)
1. There is hereby created in the state treasury the "Missouri
Alternative Fuel Vehicle Loan Fund". The fund may receive moneys from
appropriations by the general assembly, repayments by political
subdivisions of loans made pursuant to sections 414.350 to 414.359
including interest on such loans, and gifts, bequests, donations or any
other payments made by any public or private entity for use in carrying
out the provisions of sections 414.350 to 414.359.
2. The state treasurer shall deposit all of the moneys in the fund into
any of the qualified depositories of this state. All such deposits shall
be secured in such a manner and shall be made upon such terms and
conditions as are now or may hereafter be provided by law relative to
state deposits. Interest accrued by the fund shall be credited to the
fund. Notwithstanding the provisions of section 33.080, RSMo, to the
contrary, moneys in the fund shall not revert to the credit of the
general revenue fund at the end of the biennium.
3. The fund shall be used solely for the purposes of sections 414.350 to
414.359 and for no other purpose. (L. 1999 S.B. 310 § 14)
1. As used in this section, the following terms mean:
(1) "B-20", a blend of twenty percent by volume biodiesel fuel and eighty
percent by volume petroleum-based diesel fuel;
(2) "Biodiesel", fuel as defined in ASTM standard PS121;
(3) "Incremental cost", the difference in cost between blended biodiesel
fuel and conventional petroleum-based diesel fuel at the time the blended
biodiesel fuel is purchased.
2. On or before October 1, 2003, the Missouri department of
transportation shall develop a program that provides for the opportunity
to use fuel with at least the biodiesel content of B-20 in its vehicle
fleet and heavy equipment that use diesel fuel. Such program shall have
the following goals, provided that such program and goals do not prohibit
the department from generating and selling EPAct credits pursuant to
section 414.407:
(1) On or before July 1, 2004, at least fifty percent of the department's
vehicle fleet and heavy equipment that use diesel fuel shall use fuel
with at least the biodiesel content of B-20, if such fuel is commercially
available;
(2) On or before July 1, 2005, at least seventy-five percent of the
department's vehicle fleet and heavy equipment that use diesel fuel shall
use fuel with at least the biodiesel content of B-20, if such fuel is
commercially available.
3. The blended biodiesel fuel shall be presumed to be commercially
available if the incremental cost of such fuel is not more than
twenty-five cents.
4. Nothing in this section is intended to create a state requirement for
biodiesel fuel use in excess of the requirements of the federal National
Energy Policy Act of 1992, Pub.L. 102-486; 42 U.S.C. 13251, 13257(o).
5. To the maximum extent practicable, the department shall obtain funding
for the incremental cost of the blended biodiesel fuel from the biodiesel
fuel revolving fund established in section 414.407.
6. The director of the Missouri department of transportation may
promulgate any rules necessary to carry out the provisions of this
section. No rule or portion of a rule promulgated pursuant to this
section shall take effect unless it has been promulgated pursuant to
chapter 536, RSMo. (L. 2002 S.B. 984 & 985)
1. As used in sections 414.400 to 414.417, the following terms
mean:
(1) "Alternative fuel", any fuel, including any alcohol fuel containing
eighty-five percent or more by volume of such alcohol or other such
percentage not less than seventy percent if determined by the United
States Department of Energy by rule to be necessary to provide for the
requirements of cold start, safety, or vehicle functions, natural gas,
liquefied petroleum gas, any fuel other than alcohol derived from
biological materials when designated by the United States Department of
Energy as an alternative fuel, and hydrogen, or any power source,
including electricity, and any other fuel that the United States
Department of Energy determines by final rule is substantially not
petroleum and would yield substantial energy security and environmental
benefits, used in a vehicle that complies with the standards and
requirements applicable to such vehicle pursuant to sections 414.400 to
414.417 when using such fuel or power source;
(2) "CAFE standard", the federal Corporate Average Fuel Economy standard,
15 U.S.C. 2002 or 40 CFR Parts 86 and 600 or 49 CFR Part 538 or proposed
rule 49 CFR Part 538 until such rule is finalized;
(3) "Department", the department of natural resources;
(4) "Director", the director of the department of natural resources;
(5) "State agency", the same meaning as such term is defined in section
536.010, RSMo;
(6) "Vehicle fleet", any fleet comprised of vehicles with a
manufacturer's gross vehicle weight rating of not more than eight
thousand five hundred pounds registered for operation on the highways of
this state pursuant to chapter 301, RSMo.
2. The department in consultation with the commissioner of administration
shall develop and implement a program to manage and progressively reduce
state agency vehicle fleet fuel consumption and promote the use of
alternative fuels. The program shall require state agencies to meet
minimum guidelines for efficient fleet management. Such guidelines shall
be updated and revised every two years and shall require the overall
vehicle fleet fuel efficiency for each agency to meet or exceed the fuel
efficiency that would be achieved if each vehicle in the agency's fleet
met the CAFE standard. The department may promulgate rules necessary to
implement such guidelines. Further, provided that suppliers or state
agencies have or can reasonably be expected to have established
alternative fuel refueling stations as needed, the program shall require
that at least thirty percent of all motor fuel purchased annually for use
in alternative fuel vehicles, calculated in gasoline gallon equivalents,
to be alternative fuel by July 1, 2001. Any alternative fuel purchased by
a state agency for use in vehicles not included in their vehicle fleet as
defined in subsection 1 of this section, calculated in gasoline gallon
equivalents, may be credited toward the annual alternative fuel purchase
goal. The program shall systematically replace existing state-owned
vehicles and vehicles paid for with any state money, including vehicles
purchased by the university system, with vehicles manufactured, assembled
or produced in the United States, as required by sections 34.350 to
34.359, RSMo.
3. The commissioner of administration shall identify specific vehicle
models within each vehicle procurement class that meet or exceed the CAFE
standard. State agencies shall identify specific vehicle models within
each vehicle procurement class that have a life cycle cost which is less
than or equal to the average life cycle cost of those vehicles in the
class which are manufactured, assembled or produced in the United States.
Life cycle costs shall include but are not limited to the original cost
of the vehicle, conversion cost if applicable, costs associated with
vehicle emissions to the extent that such statistics are available, and
projected cost of operation, including fuel cost and maintenance and
salvage value to the extent that reliable maintenance and salvage value
statistics are available. Unless a state agency submits to the department
a fleet efficiency plan that complies with the minimum guidelines for
energy efficiency established pursuant to subsection 2 of this section,
or unless otherwise approved by the office of administration pursuant to
subsection 4 of this section, all purchases of vehicles for state agency
vehicle fleets shall meet the above standards.
4. The commissioner of administration may waive the CAFE standard
requirements of subsection 3 of this section, for only those vehicles
which satisfy one or more of the following conditions, for any state
agency upon receipt of documentation that has been certified by the
director of the state agency as satisfying one or more of the following
conditions:
(1) Such vehicles are used primarily in off-road, construction, or road
maintenance applications;
(2) Such vehicles are regularly used in the movement of maintenance or
construction equipment;
(3) Such vehicles are trucks or utility vehicles as defined by the office
of administration that are regularly used to transport trailers for the
purpose of moving state equipment; or
(4) Such vehicles are vehicles with manufacturer-stated seating capacity
exceeding that for six persons and the director of the agency has
certified that the vehicle will be used to transport its rated capacity
in persons and/or cargo. Agencies which are granted such waivers shall
comply with the planning requirements of section 414.403.
5. The purchase of all class III vehicles, as defined by the office of
administration, shall be approved through the appropriations process for
all departments except the highway patrol. The provisions of this
subsection shall not apply to the purchase of used vehicles from the
highway patrol. (L. 1991 H.B. 45 § 1, A.L. 1998 S.B. 619)
Effective 1-1-99
1. Each state agency, with assistance from the department, shall
develop and implement a vehicle fleet energy conservation plan for the
purposes of reducing vehicle fuel consumption. Plans shall be submitted
to the director. Such plans shall include:
(1) A timetable by which the agency shall meet minimum guidelines for
efficient fleet management established pursuant to section 414.400, or by
which fleet vehicles shall be replaced with vehicles which exceed the
average fuel economy for their vehicle class as outlined in section
414.400;
(2) Options for the use of demonstrated innovative technologies that
promote energy conservation and reduced fuel consumption;
(3) Methods that promote efficient trip planning and state vehicle use;
and
(4) Promotion of car pooling and van pooling for agency employees for
commuting and job-related travel.
2. The department of conservation and the department of transportation
may develop their own vehicle fleet energy conservation plan. Such
agencies shall meet the objectives of sections 414.400 to 414.417 and
shall comply with the reporting requirements of sections 414.400 to
414.417. (L. 1991 H.B. 45 § 2, A.L. 1998 S.B. 619)
Effective 1-1-99
1. The director of the department of natural resources shall
review each agency's vehicle fleet plan and the vehicular demands of the
agency by vehicle class. The office of administration shall only purchase
for an agency those vehicles which conform to the agency's plan as
outlined in sections 414.400 and 414.403.
2. Each state agency shall annually file a report with the director of
the department of natural resources on forms provided by the department
showing its progress in achieving the requirements and goals of sections
414.400 to 414.417. The director of the department of natural resources
shall compile such information into an annual report and submit such
report to the commissioner of administration, the secretary of the
senate, the clerk of the house of representatives and the chairman of
each committee of jurisdiction of the general assembly.
3. The director's report shall document progress in achieving the
requirements and goals of sections 414.400 to 414.417 and shall include,
but not be limited to, annual fuel consumption, number of vehicles,
vehicle miles traveled, average fleet fuel economy, estimated cost
savings and state use of alternative fuels. (L. 1991 H.B. 45 § 3)
1. As used in this section, the following terms mean:
(1) "B-20", a blend of twenty percent by volume biodiesel fuel and eighty
percent by volume petroleum-based diesel fuel;
(2) "Biodiesel", fuel as defined in ASTM Standard PS121;
(3) "EPAct", the federal Energy Policy Act, 42 U.S.C. 13201, et seq.;
(4) "EPAct credit", a credit issued pursuant to EPAct;
(5) "Fund", the biodiesel fuel revolving fund;
(6) "Incremental cost", the difference in cost between biodiesel fuel and
conventional petroleum-based diesel fuel at the time the biodiesel fuel
is purchased.
2. The department, in cooperation with the department of agriculture,
shall establish and administer an EPAct credit banking and selling
program to allow state agencies to use moneys generated by the sale of
EPAct credits to purchase biodiesel fuel for use in state vehicles. Each
state agency shall provide the department with all vehicle fleet
information necessary to determine the number of EPAct credits generated
by the agency. The department may sell credits in any manner pursuant to
the provisions of EPAct.
3. There is hereby created in the state treasury the "Biodiesel Fuel
Revolving Fund", into which shall be deposited moneys received from the
sale of EPAct credits banked by state agencies on August 28, 2001, and in
future reporting years, any moneys appropriated to the fund by the
general assembly, and any other moneys obtained or accepted by the
department for deposit into the fund. The fund shall be managed to
maximize benefits to the state in the purchase of biodiesel fuel and,
when possible, to accrue those benefits to state agencies in proportion
to the number of EPAct credits generated by each respective agency.
4. Moneys deposited into the fund shall be used to pay for the
incremental cost of biodiesel fuel with a minimum biodiesel concentration
of B-20 for use in state vehicles and for administration of the fund. Not
later than January thirty-first of each year, the department shall submit
an annual report to the general assembly on the expenditures from the
fund during the preceding fiscal year.
5. Notwithstanding the provisions of section 33.080, RSMo, no portion of
the fund shall be transferred to the general revenue fund, and any
appropriation made to the fund shall not lapse. The state treasurer shall
invest moneys in the fund in the same manner as other funds are invested.
Interest and moneys earned on such investments shall be credited to the
fund.
6. The department shall promulgate such rules as are necessary to
implement this section. No rule or portion of a rule promulgated pursuant
to this section shall become effective unless it has been promulgated
pursuant to chapter 536, RSMo.
7. The department shall conduct a study of the use of alternative fuels
in motor vehicles in the state and shall report its findings and
recommendations to the general assembly no later than January 1, 2002.
Such study shall include:
(1) An analysis of the current use of alternative fuels in public and
private vehicle fleets in the state;
(2) An assessment of methods that the state may use to increase use of
alternative fuels in vehicle fleets, including the sale of credits
generated pursuant to the federal Energy Policy Act, 42 U.S.C. 13201, et
seq., to pay for the difference in cost between alternative fuels and
conventional fuels;
(3) An assessment of the benefits or harm that increased use of
alternative fuels may make to the state's economy and environment;
(4) Any other information that the department deems relevant. (L. 2001
H.B. 453 merged with S.B. 244)
1. The director shall develop a motor vehicle alternative fuel
use plan. The director shall cooperate with state agency fleet operators,
vehicle manufacturers and converters, fuel distributors and others to
identify the types of vehicles which could be converted to alternative
fuels. The director shall consider range, specialty uses, fuel
availability, vehicle cost, vehicle manufacturing and conversion
capability, safety, resale values, and other relevant factors.
2. The department shall recommend alternative fuels which state agencies
and state universities may consider when purchasing vehicles. The
department shall consider the content of vehicle exhaust emissions, the
relative efficiency of the fuel, the relative efficiency of the processes
required to produce the fuel and the characteristics of air emissions
associated with the production of that fuel. It shall recommend for state
use those alternative fuels which best satisfy the goals of energy
conservation and emissions reduction.
3. Any state agency which operates a fleet of more than fifteen motor
vehicles shall acquire vehicles capable of using alternative fuels as
follows:
(1) At least ten percent of the agency's fleet vehicles acquired between
July 1, 1994, and July 1, 1996;
(2) At least thirty percent of the agency's fleet vehicles acquired
between July 1, 1996, and July 1, 1998; and
(3) At least fifty percent of the agency's fleet vehicles acquired
between July 1, 1998, and July 1, 2000, and each biennial period
thereafter.
If a state agency exceeds any such biennial acquisition goal, or has
purchased vehicles capable of using alternative fuels before July l,
1994, such purchases may be credited to any future biennial acquisition
goal. If a state agency has purchased vehicles capable of using
alternative fuels but not included in their vehicle fleet as defined in
subsection 1 of section 414.400, such purchases may be credited toward
any biennial acquisition goal. If a state agency fails to meet a biennial
acquisition goal, the commissioner of administration shall not authorize
for such agency the purchase of any vehicle not capable of using
alternative fuels until such acquisition goal is met, unless the director
has reduced or waived the acquisition goal pursuant to subsection 1 of
section 414.412. (L. 1991 H.B. 45 § 4 subsecs. 1, 2, 3, A.L. 1998 S.B.
619)
Effective 1-1-99
1. The director may reduce any percentage specified or waive the
requirement of subsection 3 of section 414.410 for any state agency upon
receipt of certification supported by evidence acceptable to the director
that:
(1) The agency's vehicles will be operating primarily in an area in which
neither the agency nor a supplier has or can reasonably be expected to
have a central refueling station for alternative fuels; or
(2) The agency is unable to acquire or operate vehicles within the cost
limitations of section 414.400 or section 414.415; or
(3) The use of alternative fuels would not meet the energy conservation
and exhaust emissions reduction criteria of subsection 2 of section
414.410.
2. State agencies shall submit information describing the acquisition and
use of vehicles capable of using alternative fuels to the department in a
format prescribed by the department. The report shall include for each
vehicle model capable of using alternative fuel:
(1) The types of alternative fuels used;
(2) The number of miles traveled using alternative fuels and the ratios
to the total numbers of miles traveled;
(3) The number of vehicles owned which are capable of using alternative
fuels;
(4) Maintenance costs.
3. Each state-owned vehicle equipped to operate on gasoline, other than
vehicles using alternative fuel, shall use a fuel ethanol blend as
defined in section 142.027, RSMo, when available at a competitive price,
as its motor fuel, unless the United States Environmental Protection
Agency, or the governor by executive order, promulgates rules which
prohibit, limit or otherwise regulate the use of ethanol-blended fuels in
ozone nonattainment areas, as defined by Section 107 of the federal Clean
Air Act, as amended, or in an* area designated as a maintenance area for
ozone under Section 175A of the federal Clean Air Act, as amended,
state-owned vehicles shall not be required to use a fuel ethanol blend.
(L. 1991 H.B. 45 § 4 subsecs. 4, 5, 6, A.L. 1993 H.B. 611, A.L. 1998 S.B.
619)
Effective 1-1-99
*Word "an" does not appear in original rolls.
State agencies may meet the percentage requirements of sections
414.410 to 414.415 through purchase of original equipment manufactured
alternative fuel vehicles or the conversion of vehicles, in accordance
with federal and state requirements and applicable safety laws. Vehicles
purchased pursuant to sections 414.410 to 414.415 shall not exceed the
cost of conventional fuel vehicles of the same make and model by more
than ten percent, using life cycle costing methods calculated pursuant to
criteria in subsection 3 of section 414.400, except that vehicles
purchased pursuant to sections 414.410 to 414.415 that are based for the
life of the vehicle and used primarily in maintenance and nonattainment
areas defined with regard to the National Ambient Air Quality Standards
of the federal Clean Air Act, as amended, 42 U.S.C. 7401 et seq., shall
not exceed such cost of conventional fuel vehicles of the same make and
model by more than seventeen percent. The commissioner of administration
in purchasing, leasing, maintaining or converting vehicles for
alternative fuels use shall comply with all applicable safety standards
promulgated by the United States Department of Transportation. (L. 1991
H.B. 45 § 4 subsec. 7, A.L. 1998 S.B. 619)
Effective 1-1-99
1. Sections 414.400 to 414.417 shall not apply to the purchase
or lease of a vehicle to be used primarily for criminal law enforcement
or to the purchase or lease of a motorcycle, all-terrain vehicle,
ambulance, or any type of vehicle for which the Environmental Protection
Agency has not published fuel economy comparisons.
2. Notwithstanding the provisions of sections 414.400 to 414.417, the
department of natural resources may acquire vehicles which use
alternative fuels for the purposes of assessing and demonstrating either
or both alternative vehicles and alternative fuels.
(L. 1991 H.B. 45 § 5)
There is hereby created the "Missouri Ethanol and Other
Renewable Fuel Sources Commission" composed of seven members, including
two members of the senate of different political parties appointed by the
president pro tem of the senate, two members of the house of
representatives of different political parties appointed by the speaker
of the house, and three other persons appointed by the governor, with the
advice and consent of the senate. The members appointed by the governor
may include, but are not limited to, persons engaged in the ethanol
production industry and no more than two of such members shall be of the
same political party. The members appointed by the governor shall be
appointed for a term of four years, except that of the first members
appointed, one shall serve for a term of two years, one shall serve for a
term of three years, and one shall serve for a term of four years.
Vacancies in the membership of the commission shall be filled in the same
manner as the original appointments. The commission shall elect a member
of its own group as chairman at the first meeting, which shall be called
by the governor. The commission shall meet at least four times in a
calendar year at the call of the chairman. The commission shall promote
the continued production of ethanol and the continued usage of ethanol
and fuel ethanol blends, as defined in section 142.027, RSMo, and the
production and usage of other renewable fuel sources, in this state. The
commission shall report to each regular session of the general assembly
its recommendations for legislation in the field of the promotion of the
ethanol industry and related subjects in this state. Members of the
commission shall serve without compensation but shall be reimbursed for
actual and necessary expenses incurred in the performance of their
duties. (L. 1993 H.B. 611 § 1)
1. As used in this section, the following terms mean:
(1) "B-20", a blend of two fuels of twenty percent by volume biodiesel
and eighty percent by volume petroleum-based diesel fuel;
(2) "Biodiesel", as defined in ASTM Standard PS121 or its subsequent
standard specification for biodiesel fuel (B 100) blend stock for
distillate fuels;
(3) "Eligible new generation cooperative", a nonprofit farmer-owned
cooperative association formed pursuant to chapter 274, RSMo, or
incorporated pursuant to chapter 357, RSMo, for the purpose of operating
a development facility or a renewable fuel production facility, as
defined in section 348.430, RSMo.
2. Beginning with the 2002-03 school year and lasting through the 2011-12
school year, any school district may contract with an eligible new
generation cooperative to purchase biodiesel fuel for its buses of a
minimum of B-20 under conditions set out in subsection 3 of this section.
3. Every school district that contracts with an eligible new generation
cooperative for biodiesel pursuant to subsection 2 of this section shall
receive an additional payment through its state transportation aid
payment pursuant to section 163.161, RSMo, so that the net price to the
contracting district for biodiesel will not exceed the rack price of
regular diesel. If there is no incremental cost difference between
biodiesel above the rack price of regular diesel, then the state school
aid program will not make payment for biodiesel purchased during the
period where no incremental cost exists. The payment shall be made based
on the incremental cost difference incrementally up to seven-tenths
percent of the entitlement authorized by section 163.161, RSMo, for the
1998-99 school year. The payment amount may be increased by four percent
each year during the life of the program. No payment shall be authorized
pursuant to this subsection or contract required pursuant to subsection 2
of this section if moneys are not appropriated by the general assembly.
4. The department of elementary and secondary education shall promulgate
such rules as are necessary to implement this section, including but not
limited to a method of calculating the reimbursement of the contracting
school districts and waiver procedures if the amount appropriated does
not cover the additional costs for the use of biodiesel. Any rule or
portion of a rule, as that term is defined in section 536.010, RSMo, that
is created under the authority delegated in this section shall become
effective only if it complies with and is subject to all of the
provisions of chapter 536, RSMo, and, if applicable, section 536.028,
RSMo. This section and chapter 536, RSMo, are nonseverable and if any of
the powers vested with the general assembly pursuant to chapter 536,
RSMo, to review, to delay the effective date or to disapprove and annul a
rule are subsequently held unconstitutional, then the grant of rulemaking
authority and any rule proposed or adopted after August 28, 2001, shall
be invalid and void. (L. 2001 H.B. 453 merged with S.B. 462, A.L. 2005
S.B. 355)
Sections 414.500 to 414.590 shall be known and may be cited as
the "Missouri Propane Education and Research Act". (L. 1993 S.B. 178 § 1)
As used in sections 414.500 to 414.590, the following terms mean:
(1) "Council", the Missouri propane education and research council
created pursuant to section 414.530;
(2) "Director", the director of the division of energy of the department
of natural resources or the director's designee;
(3) "Education", any action to provide information on propane, propane
use equipment, mechanical and technical practices, and propane uses to
consumers and to members of the propane industry;
(4) "Manufacturers and distributors of LP-gas use equipment", any person
or firm engaged in the manufacturing, assembling and marketing of
appliances, containers and products used in the LP-gas industry, and
those persons and firms in the wholesale marketing of appliances,
containers and products used in the LP-gas industry;
(5) "Marketing", any action taken by the council to present positive
information about propane to the public, including paid promotional
advertising;
(6) "Person", any individual, group of individuals, partnership,
association, cooperative, corporation, or any other entity;
(7) "Producer", the owner of the propane at the time it is recovered at a
manufacturing facility, irrespective of the state where production occurs;
(8) "Propane" includes propane, butane, mixtures, and liquefied petroleum
gas as defined by the National Fire Protection Association Standard 58
for the storage and handling of liquefied petroleum gases;
(9) "Public member", a member of the council selected from among
significant users of odorized propane, organizations representing
significant users of odorized propane, public safety officials, state
propane gas regulatory officials, or voluntary standard-setting
organizations;
(10) "Qualified industry organization", the National Propane Gas
Association, the Missouri Propane Gas Association, the Gas Processors
Association, or a successor association;
(11) "Research", any type of study, investigation or other activity
designed to advance the image, desirability, usage, marketability,
efficiency and safety of propane and propane use equipment, and to
further the development of such information and products;
(12) "Retail marketer", a business engaged primarily in the selling of
propane gas, its appliances and equipment to the ultimate consumer or to
retail propane dispensers;
(13) "Transporter", any person involved in the commercial transportation
of propane by pipeline, truck, rail or water;
(14) "Wholesaler" or "reseller", a seller of propane who is not a
producer and who does not sell propane to the ultimate consumer. (L. 1993
S.B. 178 § 2)
Within one hundred eighty days after August 28, 1993, the
director shall publish proposed regulations in the Missouri Register for
implementation of the policies provided for in sections 414.500 to
414.590. After notice and opportunity for public comment as required by
law, the director shall issue regulations which shall become effective
not later than one hundred eighty days following publication of the
proposed regulations. (L. 1993 S.B. 178 § 3)
1. The director shall conduct a referendum as soon as possible
among producers and Missouri retail marketers of propane to authorize the
creation of the "Missouri Propane Education and Research Council" and the
levying of an assessment on odorized propane. Upon approval of those
persons representing two-thirds of the total gallonage of odorized
propane voted in the retail marketer class and two-thirds of all propane
voted in the producer class, meaning propane sold or produced in the
previous calendar year or other representative period, the director shall
issue an order establishing the council and call for nominations to the
council from qualified industry organizations. All persons voting in the
referendum shall certify to the director the number of gallons
represented by their vote.
2. On the director's own initiative, upon petition of the council or of
producers and marketers representing thirty-five percent of the gallons
in each class, the director shall hold a referendum to determine whether
the industry favors termination or suspension of the order. The
termination or suspension shall not take effect unless it is approved by
those persons representing more than one-half of the total gallonage of
odorized propane in the marketer class and one-half of all propane in the
producer class.
3. The director may require such reports or documentation as is necessary
to document the referendum process and the nomination process for members
of the council and shall protect the confidentiality of all such
documentation provided by industry members. Information regarding propane
produced or marketed by persons voting shall be a closed record. (L. 1993
S.B. 178 § 4)
1. The state courts are vested with jurisdiction specifically to
enforce, and to prevent and restrain any person from violating, any
provision of sections 414.500 to 414.590 or any regulation promulgated
pursuant to sections 414.500 to 414.590. The facts relating to any civil
action that may be brought under sections 414.500 to 414.590 shall be
referred to the attorney general for appropriate action, except that
nothing shall be construed as requiring the director to refer to the
attorney general violations of sections 414.500 to 414.590 whenever the
director believes that the administration and enforcement of the
regulations would be adequately served by administrative action under
subsection 2 of this section or suitable written notice or warning to any
person committing the violations.
2. Any person who violates any provisions of sections 414.500 to 414.590
or regulations issued by the director under sections 414.500 to 414.590,
or who fails or refuses to pay, collect or remit any assessment or fee
required of the person thereunder, may be assessed a civil penalty by the
director of not less than five hundred dollars nor more than five
thousand dollars for each violation. Each violation shall be a separate
offense. In addition, or in lieu of such civil penalty, the director may
issue an order requiring the person to cease and desist from continuing
the violation. No penalty shall be assessed nor a cease and desist order
issued unless the person is given notice and opportunity for a hearing
before the director with respect to the violation. The order of the
director assessing a penalty or imposing a cease and desist order shall
be final and conclusive unless the person affected by the order files a
petition for review pursuant to chapter 536, RSMo. Any person who fails
to obey a cease and desist order after it has become final shall be
subject to a civil penalty assessed by the director, after an opportunity
for hearing before the director, of not more than five hundred dollars
for each offense. Each day during which the failure continues shall be
deemed a separate offense. If any person fails to pay an assessment of a
civil penalty after it has become a final order, the director shall refer
the matter to the attorney general for recovery of the amount assessed in
any appropriate circuit court of the state. In such action, the validity
and appropriateness of the final order imposing the civil penalty shall
not be subject to review. (L. 1993 S.B. 178 § 5)
The director may make such investigations as the director deems
necessary to carry out effectively the director's responsibilities under
sections 414.500 to 414.590 or to determine whether a person has engaged
or is engaging in any acts or practices that constitute a violation of
any provision of sections 414.500 to 414.590 or of any regulation or plan
issued under sections 414.500 to 414.590. For the purpose of any
investigation, the director is empowered to administer oaths and
affirmations, subpoena witnesses, compel their attendance, take evidence,
and require the production of any books, papers, and documents which are
relevant to the inquiry. Such attendance of witnesses and the production
of any such records may be required from any place in the state. In case
of contumacy by, or refusal to obey a subpoena issued to, any person, the
director may seek enforcement thereof in the circuit court of proper
venue. (L. 1993 S.B. 178 § 6)
1. Upon issuance of an order by the director establishing the
Missouri propane education and research council, the director shall
select all members of the council from a list of nominees submitted by
qualified industry organizations. Vacancies in unfinished terms of
council members may be filled by the council, subject to approval of the
director.
2. In making nominations and appointments to the council, the qualified
industry organizations and the director shall give due regard to
selecting a council that is representative of the industry, and the
geographic regions of the state.
3. The council shall consist of fifteen members, with nine members
representing retail marketers of propane; three members representing
wholesalers or resellers of propane; two members representing
manufacturers and distributors of gas use equipment, wholesalers or
resellers, or transporters; and one public member. Other than the public
member, council members shall be full-time employees or owners of
businesses in the industry.
4. Council members shall receive no compensation for their services, but
shall be reimbursed for reasonable expenses incurred in the performance
of their duties.
5. Council members shall serve terms of three years; except that of the
initial members appointed, five shall be appointed for terms of one year,
five shall be appointed for terms of two years and five shall be
appointed for terms of three years. Members may be appointed to a maximum
of two consecutive full terms. Members filling unexpired terms will not
have any partial term of service count against the two-term limitation.
Former members of the council may be reappointed to the council if they
have not been members for a period of one year.
6. The council shall select from among its members a chairman and other
officers as necessary, establish committees and subcommittees of the
council, and adopt rules and bylaws for the conduct of business. The
council may establish advisory committees of persons other than council
members.
7. The council may employ a president to serve as chief executive officer
and such other employees as it deems necessary. The council may enter
into contracts with, use facilities and equipment of, or employ personnel
of a qualified industry organization in carrying out its responsibilities
under sections 414.500 to 414.590. It shall determine the compensation
and duties of each, and protect the handling of council funds through
fidelity bonds.
8. At the beginning of each fiscal period, the council shall prepare and
submit to the director a budget plan including the probable costs of all
programs, projects and contracts and a recommended rate of assessment
sufficient to cover such costs. The director shall approve or recommend
changes to the budget after an opportunity for public comment.
9. The council shall develop programs and projects and enter into
contracts or agreements for implementing the policy of sections 414.500
to 414.590, including programs of research, development, education, and
marketing, and for the payment of the costs thereof with funds collected
pursuant to sections 414.500 to 414.590. The council shall coordinate its
activities with industry trade associations to provide efficient delivery
of services and to avoid unnecessary duplication of activities.
10. The council shall keep minutes, books, records that clearly reflect
all of the acts and transactions of the council and regularly report such
information to the director, along with such other information as the
director may require. The books of the council shall be audited by a
certified public accountant at least once each fiscal year and at such
other times as the council may designate. Copies of such audit shall be
provided to the director, all members of the council, all qualified
industry organizations, and to other members of the industry upon
request. The director shall receive notice of meetings and may require
reports on the activities of the council, as well as reports on
compliance, violations and complaints regarding the implementation of
sections 414.500 to 414.590.
11. From assessments collected, the council shall annually reimburse the
director for costs incurred in holding the referendum establishing the
council, making appointments to the council, and other expenses directly
related to the council. (L. 1993 S.B. 178 § 7, A.L. 2004 S.B. 1250)
1. The council shall set the initial assessment at no greater
than one-tenth of one cent per gallon. Thereafter, annual assessments
shall be sufficient to cover the costs of the plans and programs
developed by the council and approved by the director. The assessment
shall not be greater than one-half cent per gallon of odorized propane.
The assessment may not be raised by more than one-tenth of one cent per
gallon annually.
2. The owner of propane immediately prior to odorization in this state or
the owner at the time of import into this state of odorized propane shall
be responsible for the payment of the assessment on the volume of propane
at the time of import or odorization, whichever is later. Assessments
shall be remitted to the council on a monthly basis by the twenty-fifth
of the month following the month of collection. Nonodorized propane shall
not be subject to assessment until odorized.
3. The director may by regulation, with the concurrence of the council,
establish an alternative means for the council to collect the assessment
if another means is found to be more efficient and effective. The
director may by regulation establish a late payment charge and rate of
interest to be imposed on any person who fails to remit to the council
any amount due under sections 414.500 to 414.590.
4. Pending disbursement pursuant to a program, plan or project, the
council may invest funds collected through assessments and any other
funds received by the council only in obligations of the United States or
any agency thereof, in general obligations of any state or any political
subdivision thereof, in any interest-bearing account or certificate of
deposit of a bank that is a member of the Federal Reserve System, or in
obligations fully guaranteed as to principal and interest by the United
States.
5. The National Propane Education and Research Council, in conjunction
with the United States Secretary of Energy may, by regulation, establish
a program coordinating the operation of its council with the council
established in section 414.530. This may include an assessment rebate, if
adopted, of an amount up to twenty-five percent of the National Propane
Education and Research Council assessment collected on Missouri
distributed odorized propane as presented and described in section nine
of the federal Propane Education and Research Act of 1992. Should the
National Propane Education and Research Council, as part of the federal
Propane Education and Research Act of 1992, establish such an assessment
rebate on fees collected by such council, then all funds from such
federal assessment rebate shall be the property of the Missouri council
as established by section 414.530, and* the use of such funds shall be
determined by the Missouri council for the purposes as intended and
presented in sections 414.500 to 414.590. (L. 1993 S.B. 178 § 8)
*Word "that" appears here in original rolls.
No funds collected by the council shall be used in any manner
for influencing legislation or for campaign contributions, except that
the council may recommend to the director changes in sections 414.500 to
414.590 or other statutes that would further the purposes of sections
414.500 to 414.590. (L. 1993 S.B. 178 § 9)
Nothing in sections 414.500 to 414.590 may be construed to
preempt or supersede any other program relating to propane gas education
and research organized and operated under the laws of the state of
Missouri. (L. 1993 S.B. 178 § 10)
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