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THE GREEN REPORT
Volume 12, Issue 3 April 25, 2006

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Dirty Secrets Bill Defeated Twice. Tuesday morning Chairman Bivins tried to combine his Dirty Secrets/Audit Privilege bill with the House Committee Substitute for SCS SB 925. HCS 925 turned into a Christmas tree bill (everything hanging on). The original bill was to clean up language from last year’s hazardous waste bill; it also included a slight funding increase for the hazwaste program. As usual, legislators try to put the Dirty Secrets bill in an omnibus bill with several good environmental bills hoping that the good will out-weigh the bad. I lobbied the committee members and made sure all of our NO votes would be in attendance at the early morning Executive Committee session.

The circumstances of the victory where unusual: first Representative Jeanette Oxford offered our amendment to remove the dirty secrets section, it was a tie vote and Chairman Bivins declared the amendment defeated. Next Rep. Oxford called for separating the question. This meant Committee members could vote "YES" on the good sections of the bill and "NO" on the Dirty Secrets bill. The committee chair looked confused but agreed. This time, when the role was called Rep. Muchany voted NO. The section of the bill containing audit privilege was defeated by a vote of 6 to 4. The rest of the bill containing the good provisions was voted out.

Later that evening the Conservation Committee held an executive session on HCS HB 1730. This bill contains language that changes the definition of point source pollution to not include agricultural runoff. Sierra Club opposes this language because it is scientifically incorrect and more importantly, it weakens protections for Missouri streams from over application of animal waste, fertilizer, pesticides, etc. The bill dealt with bonding for waste water treatment facilities, they rolled in a continuation of the current DNR water pollution fees. The fees paid by the discharging facility have not been increased since 2000. Federal funding for this program has also been cut by the Bush Administration. Funding for many of DNR programs have sunk to a level where they cannot adequately enforce regulations. Sierra Club testified in opposition to the low fees and the change in point source pollution. The Attorney Generals office also testified in opposition to the point source language, reinforcing that  it would weaken protection for MO streams. Changes in the development of  the 303d impaired water-body list were included.

Representative Bruce Darrough offered our amendment to remove the bad point source definition. It was defeated by a party line vote with the exception of Republican Dennis Wood.

Representative Wood is from D-62, Table Rock Lake area. He has been a strong ally on water protection issues as well as opposing the Dirty Secrets bill. Rep. Woods stopped Chairman Hobbs from including the dirty secrets bill in this omnibus bill. We are fortunate to have such an advocate for water protection and open records.

This year’s audit privilege is less offensive than past years, but the  bottom line is, it still closes records to the public. Closing records that impact human health and the environment is a recipe for trouble and devastating to environmental protection. Nothing ever dies at the Capitol; it will most likely come back as an amendment. However keeping Dirty Secrets out of these bills before they go out onto the floor was a huge victory, we need to celebrate!

Please call and thank all of the following Representatives for voting NO against the Dirty Secrets bill language. Ask them to please watch for it to be brought up as an amendment on the floor and to continue their opposition to language that closes records to the public.

Dennis Wood 573-751-2492
John Bowman 573-751-4726
Jenee Lowe 573-751-2437
Scott Muschany 573-751-1544
Jeanette Oxford 573-751-4567
Martin Rucker 573-751-9460

GMO Seed Bill Debated. SB 1009 is a “no stricter than federal” bill that gives up all authority on genetically modified crops to the federal government. The bill was brought up for debate on the Senate floor Monday evening. Bill sponsor Klindt, offered a floor substitute that retained state authority through the Department of Ag but still takes away county powers. Missouri Ag Department has been the mouthpiece for big pig and the giant GMO companies. Without county control our state is open for GMO take over. We still oppose this bill. This late in the session it is doubtful the bill can go anywhere, but we will watch for amendments.

Mercury Victory
Representative Barbara Fraser introduced HB 2127 a bill to regulate the disposal of mercury switches in vehicles that are being scrapped. Rep. Fraser was contacted by Ford Auto Industry Affairs Director, Tony Reinhart, to discuss pulling her bill in exchange for a voluntary recycling program. I was asked to be involved in the negotiations. We met with DNR officials in the Hazardous Waste program and discussed the formation of the voluntary program.

The auto industry has agreed to a national recycling program. However, details are being finalized and implementation will be sometime in the future. By meeting with the Ford official ,Missouri will begin the program much earlier than the national program with all the protections and funding of the national agreement. Auto manufacturers will pay for education materials as well as hold educational workshops for the auto salvage workers (something we negotiated). The industry will supply the mailing materials and pay for the switches to be recycled. There is a window of opportunity to recapture the old switches that contain mercury and keep them from entering the environment. Hats off to Barbara Fraser for being our champion on mercury pollution issues. Term limits force this to be her last session. Representative Fraser is a great friend and protector of the environment. This is yet another victory she has achieved for the environment.

Changing Leadership A wonderful and rare opportunity has presented itself; I will be assuming the Director position for the John Muir, Wisconsin Chapter. It is with mixed feeling that I take on this new challenge. I will miss all of my friends and the beautiful state of Missouri but I am looking forward to being close to my family and childhood-friends as well as reconnecting with my home state.

Roy Hengerson, Ozark Chapters Legislative Chair, will be finishing out the final weeks of the session. Roy has been involved in the legislative program since the beginning; tracking bills as they are introduced and working with the Legislative Committee on determining our positions. Roy is an experienced environmental lobbyist familiar with key legislators. I have introduced him to key legislators and the coalition partners. We are entering the final days of the session in good shape.

Major bills we are working to defeat are still in the body of origin, making their chance of passage slim to none at this late date in the process. The only bad legislation that has passed from one body to the other is HJR 43. House Joint Resolution 43 proposes a constitutional amendment requiring a two-thirds majority for voter approval of initiative proposals relating to harvesting of wildlife and forestry resources. Roy and allies will be working with key Senators to keep this bill from coming to the floor.

It has been an honor to serve as Director for the Missouri Sierra Club. I will always be grateful for the opportunity and I am proud of the accomplishments we have made together. Missouri will always hold a big piece of my heart. Perhaps I will see some of you again when I return to float the beautiful National Scenic Riverways.

Until my replacement is found, Keet Kopecky and Ken Midkiff will be the volunteer leaders taking the reigns. Please contact our office and Terri Folsom will be happy to get you in touch with the right person. Please work with them to continue the important work of protecting Missouri’s environment.

ozark.chapter@sierraclub.org; 1-800-628-5333
For updated Chapter legislative tracking list go to Track legislation.

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