GREEN REPORT Volume 11, Issue 4 May 23, 2005
2005 Session Ends on a High Note
A session that began as an uphill battle ended in victory on four priority issues for the Sierra Club. This session’s priorities included defeating bad CAFO legislation, the Audit Privilege/Dirty Secrets Bill as well as promoting the passage of placement of the Parks & Soils tax renewal on the ballot and the renewal of the waste tire fee program.
The defeat of the CAFO Bill was a victory for environment, family farmers, rural communities and Missouri’s agricultural economy. The CAFO Bill (confined animal feeding operations) HCS SB 187 was another attempt by industrialized agriculture to once again roll back provisions that have held the factory farms accountable to the communities where they locate. We battled key provisions of the bad CAFO Bill: taking away neighbor notification when these huge facilities move in next door and grandfathering the counties that currently have existing health ordinances. The old timers (those of us, who have been involved with the Sierra Club’s legislative work for a while), may remember we have had to rely on a Governor’s veto for the last two years to prevent similar legislation from becoming law. The importance of this victory cannot be overstated. This was the only Republican priority that has been defeated since they took control!
After delivering an unexpected blow to industrialized farming with the defeat of the CAFO Bill the last week of session, bill sponsors and Republican leadership spent the final days applying pressure to House members to change their vote. The CAFO Bill was defeated by a close vote of 84 Noes, 77 Ayes. The Republican leadership was extremely unhappy and was not willing to lose without a fight. The battle went down to the wire.
The final day of session, Friday the 13th, turned out to be bad luck for big pig, corporate agriculture. One final attempt was made to bring the bill back up for reconsideration; a motion offered by Republican Representative Mark Wright of Springfield once again brought the bill before the body. Thanks to the wisdom and great leadership of Representative Martin Rucker of St. Joseph the Republicans could not pull the extra votes needed to pass the bill and it was laid over. When the gavel ended the session shortly before 6pm on Friday we joined our coalition partners by celebrating in the halls of the capitol. This victory was truly a coalition effort of family farmers, county commissioners, the Missouri Rural Crisis Center, the Concerned Citizens for Platt County, the Missouri Farmers Union and all of the wonderful Sierra Club members. My heartfelt thanks to all of you.
The second victory was the sound defeat of the Dirty Secrets bill. Once again coalition work was key. With help from our union friends and two very dedicated, independent, Republican candidates, Representatives Dennis Wood, Branson and Ray Weter, Nixa remained steadfast in their opposition to the Dirty Secrets bill. Working together with the Democratic leadership on the Conservation and Natural Resources Committee we kept HB 130 from ever coming out of committee.
SJR 1 allowing the Parks and Soils Tax to automatically be placed on the ballot for a vote of the people was another priority item for the conservation community. I’m happy to report the passage of this bill. Supporters of state parks and soil conservation will no longer have to go out and get signatures via the initiative petition process to renew this funding. The vote will automatically be put on the ballot for a vote of the people every ten years.
Funding for the Waste Tire Fee program was finally reauthorized this year by rolling the program funding into an omnibus DNR funding bill. Unfortunately this victory was tempered by the overall funding for DNR programs once again taking severe cuts. The funds for the solid waste, hazardous waste and waste tire fee programs are inadequate, short about $1.8 million. The results of these cuts are a poorly funded program, with over burdened employees who only have time to issue new permits rather than spend it on enforcement of the laws. Additional changes in
HCS SS #2 SCS SB 225 include, troubling provisions that give power to the DNR Director to use unencumbered moneys for “environmental emergencies determined by the director.” The bill also lowers the cost for hazardous waste to be brought into the state.
Session Highlights
Truly Agreed To and Finally Passed
SS/SJR1 - Resubmits the parks and soils tax to a vote of the people starting in 2008
Sponsor: Klindt. Last Action: 4/27/2005 - Truly Agreed To and Finally Passed.
HCS/SS/SB95 - Modifies various provisions relating to lead abatement
Sponsor: Coleman. Last Action: 5/11/2005 – Truly Agreed To and Finally Passed. This is a good bill offering more protections for families exposed to lead poisoning.
SB122 - Creates the Energy Efficiency Implementation Act
Sponsor: Nodler 5/13/2005 - Truly Agreed To and Finally Passed. Provides a trust fund for cost savings realized when the state enters into a guaranteed energy cost savings contract.
HCS/SS#2SCS/SB225 - Modifies various sections pertaining to hazardous waste Sponsor: Cauthorn - 5/11/2005 -Truly Agreed To and Finally Passed – DNR Funding
HCS/SCS/SB372 - Provides for various measures relating to bicycle safety Sponsor: Engler - 5/12/2005 - Truly Agreed To and Finally Passed
HCS/HB576 - Changes the laws regarding the procedures of the Small Business Regulatory Fairness Board Sponsor: Flook - 05/12/2005 - Truly Agreed To and Finally Passed. - Provides additional rule review and delay in administrative and judicial procedures, creating additional loop-holes to rule making process.
HCS/HB824 - Changes the laws regarding air contaminant fees, the Land Reclamation Commission, and certain appeals before the Administrative Hearing Commission. Sponsor Hobbs 05/13/2005 -Truly Agreed To and Finally Passed. The bill places caps on air permit fees and makes minor changes to excavation requirements, the final decisions in the appeals process still rest with the original commissions.
HCS/SCS/SB355 - Creates the Missouri Wine and Grape Board Sponsor: Griesheimer - 5/11/2005 - Truly Agreed To and Finally Passed. Omnibus Agriculture bill includes provisions for ethanol & biodiesel funds as well as charging new fees to farmers rather than to the chemical companies for pesticide training.
Went Down In Flames
HCS/SB187 - Changes the law relating to concentrated animal feeding operations
Sponsor: Cauthorn 5/13/2005 - Motion to reconsider Third Reading Vote H withdrawn.
HB130 –Environmental Audits–Sponsor: Bivins, Walt - Establishes conditions under which certain entities that are in noncompliance with environmental regulations are protected from administrative, civil, and criminal penalties.
HCS/HJR8 – Fish, Wildlife and Forestry Resources– Sponsor: Dethrow, Mike
Proposes a constitutional amendment requiring a two-thirds majority for voter approval of initiative proposals relating to harvesting bird, fish, game, wildlife, and forestry resources.
HCS/HB666 – Agriculture Photo Bill – Sponsor: Guest, Jim
Prohibits persons from trespassing or obtaining certain images of a animal facility and adds a penalty for the release of a pathogen or disease in animal facilities.
Worth Noting
HCS/HB697 –Motor Vehicle Emissions Testing–Sponsor: Lembke, Jim Changes the laws regarding motor vehicle emissions testing. Last Action: Senate Committee: TRANSPORTATION. 05/09/2005 - Public Hearing Held (S) This substitute bill was offered in place of legislation that totally ended the auto emissions testing program in St. Louis. No passage means the program is status quo.