2007 Missouri Legislative Report

CAFO's: Local control prevails - Farm Bureau defeated again by people power.
Easy Connection Act passes

By Roy Hengerson, served as Chapter Lobbyist during the 2007 legislative session

In spite of facing some opponents with considerable clout in the Missouri State Legislature, no legislation which the Sierra Club actively opposed passed in 2007. In addition, a few positive measures good for our health and environment did succeed. However, as usual the fate of several key bills hung in the balance up to the waning hours and minutes of the 2007 Session on Friday, May 18. This report summarizes the fate of the various bills the Sierra Club supported, opposed, or followed closely.

As often happens in the last few days of the Session, bills that still had a chance to pass were used by legislators to add other provisions from stalled bills, creating large unwieldy bills which contained measures often opposed by the sponsor of the original bill. So, we had to stay on top of the fast paced legislative action, in both committees and on the floor of the House and Senate.

This process was particularly demonstrated by SB419 and SB428, both of which came over from the Senate to the House as simple bills which the Sierra Club did not oppose. Then, in House Committee, SB419 was turned into a huge bill with many natural resources sections including “audit privilege” (sometimes called the Polluter Protection Act), which the Club has been fighting against successfully defeating for many years. Likewise SB428 had many agricultural provisions added to it including factory farms/anti-local control measures originally in SB364, which stalled in the Senate due to the controversy over these measures.

Local Control Forces Hold Off Farm Bureau and Corporate Agriculture
The battle for local control (the ability of county and other local governments to adopt ordinances protecting their citizen's health and living environment from large factory farms) was one of the most intensely contested in the State Capitol this year. On one side were the Farm Bureau and its corporate agri-business allies. On the other were family farmers, Sierra Club, local government officials, and citizens concerned about the pollution and social problems brought on by large CAFOs (confined animal feeding operations).

Earlier in the Session SB364 was moving steadily through the Senate. It had a very contentious hearing in the Senate Agriculture, Conservation, Parks & Natural Resources Committee, but was voted out of the Committee anyway. On the way to the full Senate SB364 ran into trouble. The bill's language was modified, but that did not lessen the controversy. This language was then put on SB570, but when that bill came to the Senate floor, Majority Floor Leader Charles Shields (R-34) amended SB570 stripped out the SB364 language and substituted language setting up an interim joint committee to study the issues. SB364 and SB570 just remained on the Senate calendar the rest of the Session.

Action then shifted to the House, with several attempts to add the objectionable CAFO provisions to other bills. In the end the House never even voted on this issue. This was a clear setback for the big corporate agri-business forces. Senators Wes Shoemyer (D-18) and Joan Bray (D-24) and Representative Belinda Harris (D-110) were leaders in the CAFO battle.

Easy Connection Act Passed
Energy issues were also a focus of interest in the 2007 General Assembly. Missouri has not focused much state effort on reducing its energy consumption or developing renewable energy resources; however interest in this is increasing in the Missouri State Legislature. SB54 included renewable energy targets for utilities to meet in future years. The Sierra Club preferred the renewable energy standards (mandates) contained in SB154, but that bill never made it out of committee. SB54 passed the Senate and went over to the House.

Meanwhile support was growing for the Easy Connection Act (also known as net metering). This requires utilities to allow small generators of electric power from renewable sources such as wind and solar to connect to the grid with a minimum of bureaucratic hassle. They With this bill electric customers are only required to pay the utility for the net power they use from the grid. If they generate more power than they need or use, the meter runs backward as excess energy is sent to the grid. This encourages farmers and other individuals to install renewable energy systems to supply part of their energy needs.

HB869 and SB674 contained the Easy Connection provisions and both had favorable hearings. This language was added to SB54 by Representative Jason Holsman (D-45), who sponsored HB869, during House floor debate. The House strongly voted to pass SB54, with the Easy Connection language. Also added to SB54 on the House floor were a number of natural resources provisions which Sierra Club and other environmental groups felt they could accept. SB54 as amended then was truly agreed to and finally passed when the Senate accepted the House changes to the bill.

Senator Joan Bray (D-24), Representative Jason Holsman, and several other Senators and Representatives have been leaders on energy issues. The Sierra Club fully expects energy issues to become more prominent in future Missouri General Assemblies.

Sand and Gravel Mining Bill Comes Up Short
Working with the sponsor of the sand and gravel mining bill (HB628) Representative Tom Loehner (R-112), a group of environmental, fishing, and landowner organizations improved the language of HB628 from what was introduced. However, the Sierra Club still had concerns that the revised bill would not adequately protect streams and stream corridors from the negative impacts caused by mining operations. When HB628 failed to come up for House floor debate, its provisions were added to several other bills further along in the process. However, none of these bills passed.

The issues surrounding sand and gravel mining remain unresolved. There is interest in solving stream erosion issues by taking a watershed based approach. Representative Loehner is putting together a discussion group to do this for the Maries River in his district. This may lead to revised state legislation in the 2008 General Assembly.

If you would like further information about environmental state legislation, please contact Roy Hengerson at hengerson@yahoo.com or (573) 644-2828. Roy served as the Missouri Chapter Lobbyist for the 2007 legislative session.