Effective 16 Oct 2015, see footnote

*640.090. Implementation impact report, submitted to whom — criteria. — 1. In developing, amending, or revising state implementation plans to address National Ambient Air Quality Standard nonattainment areas under the federal Clean Air Act, as amended (42 U.S.C. Section 7401, et seq.), state plans to comply with federal regulations relating to carbon emissions for existing-source performance standards (42 U.S.C. Section 7411**), or nonpoint source management plans under the federal Clean Water Act, as amended (33 U.S.C. Section 1251, et seq. and 33 U.S.C. Section 1329), for submission to the United States Environmental Protection Agency based on promulgated rules and regulations, the department, and its respective commissions, in collaboration with the department of health and senior services, department of revenue, public service commission, the department of conservation, and division of energy of the department of economic development, shall prepare an implementation impact report in lieu of a regulatory impact report required under section 640.015 and submit such report in addition to the proposed state implementation plan, state plan, or nonpoint source management plan to the governor, the joint committee on government accountability, the president pro tempore of the senate, and the speaker of the house of representatives forty-five calendar days prior to final submission to the United States Environmental Protection Agency. The department shall also post the implementation impact report and the proposed state implementation plan, state plan, or nonpoint source management plan prominently on the home page of its departmental website forty-five calendar days prior to submission to the Environmental Protection Agency. If such implementation impact report or state implementation plan, state plan, or nonpoint source management plan is revised after such report and plan is delivered to such elected officials but prior to submission to the United States Environmental Protection Agency, the updated report and plan shall also be delivered to the governor, the joint committee on government accountability, the president pro tempore of the senate, and the speaker of the house of representatives, and posted prominently on the home page of its departmental website upon release. All implementation impact reports and plans shall remain on the departmental website for no less than one year after final submission to the United States Environmental Protection Agency.

2. The implementation impact report shall take into consideration the unique policies, energy needs, resource mix, reliability, and economic priorities of Missouri, and shall include, but is not limited to, the following criteria:

(1) The economic impact the plan will have on businesses and citizens in the state, including any disproportionate impact it will have on lower income populations, and any job losses or gains that are anticipated as a result of the plan, rule, or regulation;

(2) The existence and cost efficiency of any technology that may be needed to achieve the reduction goal and whether the reduction goals are achievable within the allotted time frame;

(3) Whether the plan achieves reduction goals at a sustainable cost;

(4) The remaining useful life of any emitting structure affected by the plan if provided by the emitting entity;

(5) Any existing depreciation schedules of an emitting structure that will be forced into early retirement due to implementation of the plan if provided by the emitting entity;

(6) Any policy options for the adoption of less stringent standards or longer compliance schedules;

(7) The potential impact on taxes and the general revenue of the state;

(8) The potential impact on citizen health, including any evidence that the pollutant contributes to health problems based upon peer-reviewed scientific evidence;

(9) Options, to the maximum extent allowable, that provide flexibility in achieving reduction goals, including the averaging of emissions or any other alternative implementation measure that may further the interests of Missouri's citizens;

(10) A cost-benefit analysis of how the plan affects the economic well-being of the state, as well as the projected cost or benefits to any industry affected by the plan, and projected costs or benefits to consumers and citizens;

(11) The potential impact of the plan on generation, supply, distributions, and service reliability;

(12) The elements of a regulatory impact report as required under section 640.015;

(13) Information, to the extent that it is available, regarding how other states are formulating their plans.

3. In developing, amending, or revising state implementation plans, state plans, or nonpoint source management plans for submission to the United States Environmental Protection Agency based on rules or regulations under:

(1) The federal Clean Air Act, as amended (42 U.S.C. Section 7401, et seq.), the department shall hold at least one stakeholder meeting in order to solicit stakeholder input from each of the following groups: electric generators and load serving entities, industrial energy consumers, citizens consumer groups, and renewable energy groups;

(2) The federal Clean Water Act, as amended (33 U.S.C. Section 1251***, et seq. and 33 U.S.C. Section 1329), the department shall hold at least one stakeholder meeting in order to solicit stakeholder input from each of the following groups: agricultural groups, municipal groups, industrial groups, environmental and natural resource groups, and citizen groups.

4. Before final submission of a state implementation plan, state plan, or nonpoint source management plan to the United States Environmental Protection Agency, the joint committee on government accountability may conduct at least two public hearings within forty-five days of receiving the implementation impact report and plan in order to seek public comment on the proposed state implementation plan, state plan, nonpoint source management plan, or implementation impact report. The joint committee on government accountability may request that a representative from the United States Environmental Protection Agency attend at least one of the public hearings.

5. Nothing in this section shall be construed as otherwise conferring upon the public service commission or the department jurisdiction over the service, rates, financing, accounting, or management of any rural electric cooperative or municipally owned utility, or to amend, modify, or otherwise limit the rights to provide service as otherwise provided by law.

6. Nothing in this section shall be construed to effect, limit, or supersede section 643.640.

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(L. 2015 S.B. 142)

*Effective 10-16-15, see § 21.250. S.B. 142 was vetoed on July 10, 2015. The veto was overridden September 16, 2015.

**Section "7412" appears in original rolls.

***Section "12541" appears in original rolls.