govt.fyi
Back to SB 4
Missouri General Assembly· SB 4Signed by Governor

Modifies and creates new provisions relating to utilities, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Missouri General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
FIRST REGULAR SESSION
                   [TRULY AGREED TO AND FINALLY PASSED]

                            SENATE SUBSTITUTE NO. 2 FOR

              SENATE BILL NO. 4

                      103RD GENERAL ASSEMBLY
                                       2025

   0120S.08T

                      AN ACT

   To repeal sections 137.010, 137.080, 137.115, 204.300, 204.610, 386.370, 386.572, 386.600,
                386.754, 386.756, 386.760, 393.108, 393.130, 393.135, 393.150, 393.320, 393.1030,
                393.1400, 393.1506, 393.1656, and 393.1700, RSMo, and to enact in lieu thereof thirty-
                two new sections relating to utilities.

   Be it enacted by the General Assembly of the State of Missouri, as follows:

1             Section A. Sections 137.010, 137.080, 137.115, 204.300,

2 204.610, 386.370, 386.572, 386.600, 386.754, 386.756, 386.760,

3 393.108, 393.130, 393.135, 393.150, 393.320, 393.1030,

4 393.1400, 393.1506, 393.1656, and 393.1700, RSMo, are repealed

5 and thirty-two new sections enacted in lieu thereof, to be known

6 as sections 137.010, 137.080, 137.115, 204.300, 204.610,

7 386.370, 386.572, 386.600, 386.720, 386.752, 386.754, 386.756,

8 386.760, 386.820, 386.1100, 393.108, 393.109, 393.130, 393.135,

9 393.138, 393.150, 393.320, 393.401, 393.1030, 393.1080,

10 393.1400, 393.1506, 393.1645, 393.1656, 393.1680, 393.1700, and

11 393.1900, to read as follows:

1             137.010. The following words, terms and phrases when

2 used in laws governing taxation and revenue in the state of

3 Missouri shall have the meanings ascribed to them in this

4 section, except when the context clearly indicates a

5 different meaning:

   EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
   and is intended to be omitted in the law.
    SS#2 SB 4  2

6   (1) "Grain and other agricultural crops in an

7 unmanufactured condition" shall mean grains and feeds

8 including, but not limited to, soybeans, cow peas, wheat,

9 corn, oats, barley, kafir, rye, flax, grain sorghums,

10 cotton, and such other products as are usually stored in

11 grain and other elevators and on farms; but excluding such

12 grains and other agricultural crops after being processed

13 into products of such processing, when packaged or sacked.

14 The term "processing" shall not include hulling, cleaning,

15 drying, grating, or polishing;

16  (2) "Hydroelectric power generating equipment", very-

17 low-head turbine generators with a nameplate generating

18 capacity of at least four hundred kilowatts but not more

19 than six hundred kilowatts and machinery and equipment used

20 directly in the production, generation, conversion, storage,

21 or conveyance of hydroelectric power to land-based devices

22 and appurtenances used in the transmission of electrical

23 energy;

24  (3) "Intangible personal property", for the purpose of

25 taxation, shall include all property other than real

26 property and tangible personal property, as defined by this

27 section;

28  (4) "Real property" includes land itself, whether laid

29 out in town lots or otherwise, and all growing crops,

30 buildings, structures, improvements and fixtures of whatever

31 kind thereon, hydroelectric power generating equipment, the

32 installed poles used in the transmission or reception of

33 electrical energy, audio signals, video signals or similar

34 purposes, provided the owner of such installed poles is also

35 an owner of a fee simple interest, possessor of an easement,

36 holder of a license or franchise, or is the beneficiary of a

37 right-of-way dedicated for public utility purposes for the
    SS#2 SB 4       3

38 underlying land; attached wires, transformers, amplifiers,

39 substations, and other such devices and appurtenances used

40 in the transmission or reception of electrical energy, audio

41 signals, video signals or similar purposes when owned by the

42 owner of the installed poles, otherwise such items are

43 considered personal property; and stationary property used

44 for transportation or storage of liquid and gaseous

45 products, including, but not limited to, petroleum products,

46 natural gas, propane or LP gas equipment, water, and sewage;

47  (5) "Reliever airport", any land and improvements,

48 exclusive of structures, on privately owned airports that

49 qualify as reliever airports under the National Plan of

50 Integrated Airport Systems that may receive federal airport

51 improvement project funds through the Federal Aviation

52 Administration;

53  (6) "Tangible personal property" includes every

54 tangible thing being the subject of ownership or part

55 ownership whether animate or inanimate, other than money,

56 and not forming part or parcel of real property as herein

57 defined, but does not include household goods, furniture,

58 wearing apparel and articles of personal use and adornment,

59 as defined by the state tax commission, owned and used by a

60 person in his home or dwelling place. "Tangible personal

61 property" shall include solar panels, racking systems,

62 inverters, and related solar equipment, components,

63 materials, and supplies installed in connection with solar

64 photovoltaic energy systems, as described in subdivision

65 (46) of subsection 2 of section 144.030, that were

66 constructed and producing solar energy prior to August 9,

67 2022.

1   137.080. Real estate and tangible personal property

2 shall be assessed annually at the assessment which commences
    SS#2 SB 4                 4

3 on the first day of January. For purposes of assessing and

4 taxing tangible personal property, all tangible personal

5 property shall be divided into the following subclasses:

6        (1) Grain and other agricultural crops in an

7 unmanufactured condition;

8        (2) Livestock;

9        (3) Farm machinery;

10       (4) Vehicles, including recreational vehicles, but not

11 including manufactured homes, as defined in section 700.010,

12 which are actually used as dwelling units;

13       (5) Manufactured homes, as defined in section 700.010,

14 which are actually used as dwelling units;

15       (6) Motor vehicles which are eligible for registration

16 and are registered as historic motor vehicles under section

17 301.131;

18       (7) Solar panels, racking systems, inverters, and

19 related solar equipment, components, materials, and supplies

20 installed in connection with solar photovoltaic energy

21 systems, as described in subdivision (46) of subsection 2 of

22 section 144.030, that were constructed and producing solar

23 energy prior to August 9, 2022; and

24       (8) All taxable tangible personal property not

25 included in subclass (1), subclass (2), subclass (3),

26 subclass (4), subclass (5), [or] subclass (6), or subclass

27 (7).

1        137.115. 1. All other laws to the contrary

2 notwithstanding, the assessor or the assessor's deputies in

3 all counties of this state including the City of St. Louis

4 shall annually make a list of all real and tangible personal

5 property taxable in the assessor's city, county, town or

6 district. Except as otherwise provided in subsection 3 of

7 this section and section 137.078, the assessor shall
SS#2 SB 4  5

 8 annually assess all personal property at thirty-three and
 9 one-third percent of its true value in money as of January
10 first of each calendar year. The assessor shall annually
11 assess all real property, including any new construction and
12 improvements to real property, and possessory interests in
13 real property at the percent of its true value in money set
14 in subsection 5 of this section. The true value in money of
15 any possessory interest in real property in subclass (3),
16 where such real property is on or lies within the ultimate
17 airport boundary as shown by a federal airport layout plan,
18 as defined by 14 CFR 151.5, of a commercial airport having a
19 FAR Part 139 certification and owned by a political
20 subdivision, shall be the otherwise applicable true value in
21 money of any such possessory interest in real property, less
22 the total dollar amount of costs paid by a party, other than
23 the political subdivision, towards any new construction or
24 improvements on such real property completed after January
25 1, 2008, and which are included in the above-mentioned
26 possessory interest, regardless of the year in which such
27 costs were incurred or whether such costs were considered in
28 any prior year. The assessor shall annually assess all real
29 property in the following manner: new assessed values shall
30 be determined as of January first of each odd-numbered year
31 and shall be entered in the assessor's books; those same
32 assessed values shall apply in the following even-numbered
33 year, except for new construction and property improvements
34 which shall be valued as though they had been completed as
35 of January first of the preceding odd-numbered year. The
36 assessor may call at the office, place of doing business, or
37 residence of each person required by this chapter to list
38 property, and require the person to make a correct statement
39 of all taxable tangible personal property owned by the
SS#2 SB 4  6

40 person or under his or her care, charge or management,
41 taxable in the county. On or before January first of each
42 even-numbered year, the assessor shall prepare and submit a
43 two-year assessment maintenance plan to the county governing
44 body and the state tax commission for their respective
45 approval or modification. The county governing body shall
46 approve and forward such plan or its alternative to the plan
47 to the state tax commission by February first. If the
48 county governing body fails to forward the plan or its
49 alternative to the plan to the state tax commission by
50 February first, the assessor's plan shall be considered
51 approved by the county governing body. If the state tax
52 commission fails to approve a plan and if the state tax
53 commission and the assessor and the governing body of the
54 county involved are unable to resolve the differences, in
55 order to receive state cost-share funds outlined in section
56 137.750, the county or the assessor shall petition the
57 administrative hearing commission, by May first, to decide
58 all matters in dispute regarding the assessment maintenance
59 plan. Upon agreement of the parties, the matter may be
60 stayed while the parties proceed with mediation or
61 arbitration upon terms agreed to by the parties. The final
62 decision of the administrative hearing commission shall be
63 subject to judicial review in the circuit court of the
64 county involved. In the event a valuation of subclass (1)
65 real property within any county with a charter form of
66 government, or within a city not within a county, is made by
67 a computer, computer-assisted method or a computer program,
68 the burden of proof, supported by clear, convincing and
69 cogent evidence to sustain such valuation, shall be on the
70 assessor at any hearing or appeal. In any such county,
71 unless the assessor proves otherwise, there shall be a
     SS#2 SB 4              7

72 presumption that the assessment was made by a computer,

73 computer-assisted method or a computer program. Such

74 evidence shall include, but shall not be limited to, the

75 following:

76      (1) The findings of the assessor based on an appraisal

77 of the property by generally accepted appraisal techniques;

78 and

79      (2) The purchase prices from sales of at least three

80 comparable properties and the address or location thereof.

81 As used in this subdivision, the word "comparable" means

82 that:

83      (a) Such sale was closed at a date relevant to the

84 property valuation; and

85      (b) Such properties are not more than one mile from

86 the site of the disputed property, except where no similar

87 properties exist within one mile of the disputed property,

88 the nearest comparable property shall be used. Such

89 property shall be within five hundred square feet in size of

90 the disputed property, and resemble the disputed property in

91 age, floor plan, number of rooms, and other relevant

92 characteristics.

93      2. Assessors in each county of this state and the City

94 of St. Louis may send personal property assessment forms

95 through the mail.

96      3. The following items of personal property shall each

97 constitute separate subclasses of tangible personal property

98 and shall be assessed and valued for the purposes of

99 taxation at the following percentages of their true value in

100 money:

101     (1) Grain and other agricultural crops in an

102 unmanufactured condition, one-half of one percent;

103     (2) Livestock, twelve percent;
     SS#2 SB 4                  8

104  (3) Farm machinery, twelve percent;

105  (4) Motor vehicles which are eligible for registration

106 as and are registered as historic motor vehicles pursuant to

107 section 301.131 and aircraft which are at least twenty-five

108 years old and which are used solely for noncommercial

109 purposes and are operated less than two hundred hours per

110 year or aircraft that are home built from a kit, five

111 percent;

112  (5) Poultry, twelve percent; [and]

113  (6) Tools and equipment used for pollution control and

114 tools and equipment used in retooling for the purpose of

115 introducing new product lines or used for making

116 improvements to existing products by any company which is

117 located in a state enterprise zone and which is identified

118 by any standard industrial classification number cited in

119 subdivision (7) of section 135.200, twenty-five percent; and

120  (7) Solar panels, racking systems, inverters, and

121 related solar equipment, components, materials, and supplies

122 installed in connection with solar photovoltaic energy

123 systems, as described in subdivision (46) of subsection 2 of

124 section 144.030, that were constructed and producing solar

125 energy prior to August 9, 2022, five percent.

126  4. The person listing the property shall enter a true

127 and correct statement of the property, in a printed blank

128 prepared for that purpose. The statement, after being

129 filled out, shall be signed and either affirmed or sworn to

130 as provided in section 137.155. The list shall then be

131 delivered to the assessor.

132  5. (1) All subclasses of real property, as such

133 subclasses are established in Section 4(b) of Article X of

134 the Missouri Constitution and defined in section 137.016,

135 shall be assessed at the following percentages of true value:
     SS#2 SB 4          9

136      (a) For real property in subclass (1), nineteen

137 percent;

138      (b) For real property in subclass (2), twelve percent;

139 and

140      (c) For real property in subclass (3), thirty-two

141 percent.

142      (2) A taxpayer may apply to the county assessor, or,

143 if not located within a county, then the assessor of such

144 city, for the reclassification of such taxpayer's real

145 property if the use or purpose of such real property is

146 changed after such property is assessed under the provisions

147 of this chapter. If the assessor determines that such

148 property shall be reclassified, he or she shall determine

149 the assessment under this subsection based on the percentage

150 of the tax year that such property was classified in each

151 subclassification.

152      6. Manufactured homes, as defined in section 700.010,

153 which are actually used as dwelling units shall be assessed

154 at the same percentage of true value as residential real

155 property for the purpose of taxation. The percentage of

156 assessment of true value for such manufactured homes shall

157 be the same as for residential real property. If the county

158 collector cannot identify or find the manufactured home when

159 attempting to attach the manufactured home for payment of

160 taxes owed by the manufactured home owner, the county

161 collector may request the county commission to have the

162 manufactured home removed from the tax books, and such

163 request shall be granted within thirty days after the

164 request is made; however, the removal from the tax books

165 does not remove the tax lien on the manufactured home if it

166 is later identified or found. For purposes of this section,

167 a manufactured home located in a manufactured home rental
     SS#2 SB 4      10

168 park, rental community or on real estate not owned by the

169 manufactured home owner shall be considered personal

170 property. For purposes of this section, a manufactured home

171 located on real estate owned by the manufactured home owner

172 may be considered real property.

173  7. Each manufactured home assessed shall be considered

174 a parcel for the purpose of reimbursement pursuant to

175 section 137.750, unless the manufactured home is deemed to

176 be real estate as defined in subsection 7 of section 442.015

177 and assessed as a realty improvement to the existing real

178 estate parcel.

179  8. Any amount of tax due and owing based on the

180 assessment of a manufactured home shall be included on the

181 personal property tax statement of the manufactured home

182 owner unless the manufactured home is deemed to be real

183 estate as defined in subsection 7 of section 442.015, in

184 which case the amount of tax due and owing on the assessment

185 of the manufactured home as a realty improvement to the

186 existing real estate parcel shall be included on the real

187 property tax statement of the real estate owner.

188  9. The assessor of each county and each city not

189 within a county shall use the trade-in value published in

190 the October issue of the National Automobile Dealers'

191 Association Official Used Car Guide, or its successor

192 publication, as the recommended guide of information for

193 determining the true value of motor vehicles described in

194 such publication. The assessor shall not use a value that

195 is greater than the average trade-in value in determining

196 the true value of the motor vehicle without performing a

197 physical inspection of the motor vehicle. For vehicles two

198 years old or newer from a vehicle's model year, the assessor

199 may use a value other than average without performing a
     SS#2 SB 4                 11

200 physical inspection of the motor vehicle. In the absence of

201 a listing for a particular motor vehicle in such

202 publication, the assessor shall use such information or

203 publications which in the assessor's judgment will fairly

204 estimate the true value in money of the motor vehicle.

205  10. Before the assessor may increase the assessed

206 valuation of any parcel of subclass (1) real property by

207 more than fifteen percent since the last assessment,

208 excluding increases due to new construction or improvements,

209 the assessor shall conduct a physical inspection of such

210 property.

211  11. If a physical inspection is required, pursuant to

212 subsection 10 of this section, the assessor shall notify the

213 property owner of that fact in writing and shall provide the

214 owner clear written notice of the owner's rights relating to

215 the physical inspection. If a physical inspection is

216 required, the property owner may request that an interior

217 inspection be performed during the physical inspection. The

218 owner shall have no less than thirty days to notify the

219 assessor of a request for an interior physical inspection.

220  12. A physical inspection, as required by subsection

221 10 of this section, shall include, but not be limited to, an

222 on-site personal observation and review of all exterior

223 portions of the land and any buildings and improvements to

224 which the inspector has or may reasonably and lawfully gain

225 external access, and shall include an observation and review

226 of the interior of any buildings or improvements on the

227 property upon the timely request of the owner pursuant to

228 subsection 11 of this section. Mere observation of the

229 property via a drive-by inspection or the like shall not be

230 considered sufficient to constitute a physical inspection as

231 required by this section.
     SS#2 SB 4  12

232  13. A county or city collector may accept credit cards

233 as proper form of payment of outstanding property tax or

234 license due. No county or city collector may charge

235 surcharge for payment by credit card which exceeds the fee

236 or surcharge charged by the credit card bank, processor, or

237 issuer for its service. A county or city collector may

238 accept payment by electronic transfers of funds in payment

239 of any tax or license and charge the person making such

240 payment a fee equal to the fee charged the county by the

241 bank, processor, or issuer of such electronic payment.

242  14. Any county or city not within a county in this

243 state may, by an affirmative vote of the governing body of

244 such county, opt out of the provisions of this section and

245 sections 137.073, 138.060, and 138.100 as enacted by house

246 bill no. 1150 of the ninety-first general assembly, second

247 regular session and section 137.073 as modified by house

248 committee substitute for senate substitute for senate

249 committee substitute for senate bill no. 960, ninety-second

250 general assembly, second regular session, for the next year

251 of the general reassessment, prior to January first of any

252 year. No county or city not within a county shall exercise

253 this opt-out provision after implementing the provisions of

254 this section and sections 137.073, 138.060, and 138.100 as

255 enacted by house bill no. 1150 of the ninety-first general

256 assembly, second regular session and section 137.073 as

257 modified by house committee substitute for senate substitute

258 for senate committee substitute for senate bill no. 960,

259 ninety-second general assembly, second regular session, in a

260 year of general reassessment. For the purposes of applying

261 the provisions of this subsection, a political subdivision

262 contained within two or more counties where at least one of

263 such counties has opted out and at least one of such
     SS#2 SB 4                13

264 counties has not opted out shall calculate a single tax rate

265 as in effect prior to the enactment of house bill no. 1150

266 of the ninety-first general assembly, second regular

267 session. A governing body of a city not within a county or

268 a county that has opted out under the provisions of this

269 subsection may choose to implement the provisions of this

270 section and sections 137.073, 138.060, and 138.100 as

271 enacted by house bill no. 1150 of the ninety-first general

272 assembly, second regular session, and section 137.073 as

273 modified by house committee substitute for senate substitute

274 for senate committee substitute for senate bill no. 960,

275 ninety-second general assembly, second regular session, for

276 the next year of general reassessment, by an affirmative

277 vote of the governing body prior to December thirty-first of

278 any year.

279  15. The governing body of any city of the third

280 classification with more than twenty-six thousand three

281 hundred but fewer than twenty-six thousand seven hundred

282 inhabitants located in any county that has exercised its

283 authority to opt out under subsection 14 of this section may

284 levy separate and differing tax rates for real and personal

285 property only if such city bills and collects its own

286 property taxes or satisfies the entire cost of the billing

287 and collection of such separate and differing tax rates.

288 Such separate and differing rates shall not exceed such

289 city's tax rate ceiling.

290  16. Any portion of real property that is available as

291 reserve for strip, surface, or coal mining for minerals for

292 purposes of excavation for future use or sale to others that

293 has not been bonded and permitted under chapter 444 shall be

294 assessed based upon how the real property is currently being

295 used. Any information provided to a county assessor, state
   SS#2 SB 4  14

296 tax commission, state agency, or political subdivision

297 responsible for the administration of tax policies shall, in

298 the performance of its duties, make available all books,

299 records, and information requested, except such books,

300 records, and information as are by law declared confidential

301 in nature, including individually identifiable information

302 regarding a specific taxpayer or taxpayer's mine property.

303 For purposes of this subsection, "mine property" shall mean

304 all real property that is in use or readily available as a

305 reserve for strip, surface, or coal mining for minerals for

306 purposes of excavation for current or future use or sale to

307 others that has been bonded and permitted under chapter 444.

1  204.300. 1. In all counties except counties of the

2 first classification which have a charter form of government

3 and which contain all or any portion of a city with a

4 population of three hundred fifty thousand or more

5 inhabitants, the governing body of the county, by

6 resolution, order, or ordinance, shall appoint five

7 trustees, the majority of whom shall reside within the

8 boundaries of the district. In the event the district

9 extends into any county bordering the county in which the

10 greater portion of the district lies, the presiding

11 commissioner or other chief executive officer of the

12 adjoining county shall be an additional member of the

13 appointed board of trustees. Subject to the provisions of

14 section 105.454, the trustees may be paid reasonable

15 compensation by the district for their services[; except

16 that, any compensation schedule shall be approved by

17 resolution of the board of trustees] outside their duties as

18 trustees. Each trustee of the board may receive an

19 attendance fee not to exceed one hundred dollars for

20 attending each regularly called board meeting, or special
SS#2 SB 4  15

21 meeting, but shall not be paid for attending more than two
22 meetings in any calendar month, except that in a county of
23 the first classification, a trustee shall not be paid for
24 attending more than four meetings in any calendar month.
25 However, no trustee shall be paid more than one attendance
26 fee if such trustee attends more than one board meeting in a
27 calendar week. Each trustee of the board shall be
28 reimbursed for his or her actual expenditures in the
29 performance of his or her duties on behalf of the district.
30 The board of trustees shall be responsible for the control
31 and operation of the sewer district. The term of each board
32 member shall be five years; except that, members of the
33 governing body of the county sitting upon the board shall
34 not serve beyond the expiration of their term as members of
35 such governing body of the county. The first board of
36 trustees shall be appointed for terms ranging from one to
37 five years so as to establish one vacancy per year
38 thereafter. If the governing body of the county with the
39 right of appointment under this section fails to appoint a
40 trustee to fill a vacancy on the board within sixty days
41 after receiving written notice from the common sewer
42 district of the existence of such vacancy, then the vacancy
43 may be filled by a majority of the remaining members then in
44 office of the board of trustees of such common sewer
45 district. Subject to the provisions of section 105.454, the
46 trustees may be paid reasonable compensation by the district
47 for their services[; except that, any compensation schedule
48 shall be approved by resolution, order, or ordinance of the
49 governing body of the county. Any and all expenses incurred
50 in the performance of their duties shall be reimbursed by
51 the district] outside their duties as trustees. Each
52 trustee of the board may receive an attendance fee not to
SS#2 SB 4  16

53 exceed one hundred dollars for attending each regularly
54 called board meeting, or special meeting, but shall not be
55 paid for attending more than two meetings in any calendar
56 month, except that in a county of the first classification,
57 a trustee shall not be paid for attending more than four
58 meetings in any calendar month. However, no trustee shall
59 be paid more than one attendance fee if such trustee attends
60 more than one board meeting in a calendar week. Each
61 trustee of the board shall be reimbursed for his or her
62 actual expenditures in the performance of his or her duties
63 on behalf of the district. The board of trustees shall have
64 the power to employ and fix the compensation of such staff
65 as may be necessary to discharge the business and purposes
66 of the district, including clerks, attorneys, administrative
67 assistants, and any other necessary personnel. The board of
68 trustees shall select a treasurer, who may be either a
69 member of the board of trustees or another qualified
70 individual. The treasurer selected by the board shall give
71 such bond as may be required by the board of trustees. The
72 board of trustees shall appoint the sewer engineer for the
73 county in which the greater part of the district lies as
74 chief engineer for the district, and the sewer engineer
75 shall have the same powers, responsibilities and duties in
76 regard to planning, construction and maintenance of the
77 sewers, and treatment facilities of the district as he now
78 has by virtue of law in regard to the sewer facilities
79 within the county for which he is elected. If there is no
80 sewer engineer in the county in which the greater part of
81 the district lies, the board of trustees may employ a
82 registered professional engineer as chief engineer for the
83 district under such terms and conditions as may be necessary
84 to discharge the business and purposes of the district. The
    SS#2 SB 4    17

85 provisions of this subsection shall not apply to any county

86 of the first classification which has a charter form of

87 government and which contains all or any portion of a city

88 with a population of three hundred fifty thousand or more

89 inhabitants.

90  2. In any county of the first classification which has

91 a charter form of government and which contains all or any

92 portion of a city with a population of three hundred fifty

93 thousand or more inhabitants, [and in any county of the

94 first classification without a charter form of government

95 and which has a population of more than sixty-three thousand

96 seven hundred but less than seventy-five thousand,] there

97 shall be a ten-member board of trustees to consist of the

98 county executive, the mayors of the five cities constituting

99 the largest users by flow during the previous fiscal year,

100 the mayors of three cities which are not among the five

101 largest users and who are members of the advisory board of

102 the district established pursuant to section 204.310, and

103 one member of the county legislature to be appointed by the

104 county executive, with the concurrence of the county

105 legislature. If the county executive does not appoint such

106 members of the county legislature to the board of trustees

107 within sixty days, the county legislature shall make the

108 appointments. The advisory board members shall be appointed

109 annually by the advisory board. In the event the district

110 extends into any county bordering the county in which the

111 greater portion of the district lies, the number of members

112 on the board of trustees shall be increased to a total of

113 eleven and the presiding commissioner or county executive of

114 the adjoining county shall be an additional member of the

115 board of trustees. The trustees of a district with an

116 eleven-member board and located in two counties shall
SS#2 SB 4  18

117 receive no compensation for their services[,] but may be
118 compensated for their reasonable expenses normally incurred
119 in the performance of their duties. Each trustee of a ten-
120 member board may receive an attendance fee not to exceed one
121 hundred dollars for attending each regularly called board
122 meeting, or special meeting, but shall not be paid for
123 attending more than two meetings in any calendar month.
124 However, no trustee of a ten-member board shall be paid more
125 than one attendance fee if such trustee attends more than
126 one board meeting in a calendar week. Each trustee of a ten-
127 member board shall be reimbursed for his or her actual
128 expenditures in the performance of his or her duties on
129 behalf of the district. Subject to the provisions of
130 section 105.454, the trustees of a ten-member board may be
131 paid reasonable compensation by the district for their
132 services outside their duties as trustees. The board of
133 trustees may employ and fix the compensation of such staff
134 as may be necessary to discharge the business and purposes
135 of the district, including clerks, attorneys, administrative
136 assistants, and any other necessary personnel. The board of
137 trustees may employ and fix the duties and compensation of
138 an administrator for the district. The administrator shall
139 be the chief executive officer of the district subject to
140 the supervision and direction of the board of trustees and
141 shall exercise the powers, responsibilities and duties
142 heretofore exercised by the chief engineer prior to
143 September 28, 1983. The administrator of the district may,
144 with the approval of the board of trustees, retain
145 consulting engineers for the district under such terms and
146 conditions as may be necessary to discharge the business and
147 purposes of the district. The provisions of this subsection
148 shall only apply to counties of the first classification
    SS#2 SB 4              19

149 which have a charter form of government and which contain

150 all or any portion of a city with a population of three

151 hundred fifty thousand or more inhabitants.

1   204.610. 1. There shall be five trustees, appointed

2 or elected as provided for in the circuit court decree or

3 amended decree of incorporation for a reorganized common

4 sewer district, who shall reside within the boundaries of

5 the district. Each trustee shall be a voter of the district

6 and shall have resided in said district for twelve months

7 immediately prior to the trustee's election or appointment.

8 A trustee shall be at least twenty-five years of age and

9 shall not be delinquent in the payment of taxes at the time

10 of the trustee's election or appointment. Regardless of

11 whether or not the trustees are elected or appointed, in the

12 event the district extends into any county bordering the

13 county in which the greater portion of the district lies,

14 the presiding commissioner or other chief executive officer

15 of the adjoining county shall be an additional member of the

16 board of trustees, or the governing body of such bordering

17 county may appoint a citizen from such county to serve as an

18 additional member of the board of trustees. Said additional

19 trustee shall meet the qualifications set forth in this

20 section for a trustee.

21  2. [The trustees shall receive no compensation for

22 their services but may be compensated for reasonable

23 expenses normally incurred in the performance of their

24 duties.] Each trustee of the board may receive an attendance

25 fee not to exceed one hundred dollars for attending each

26 regularly called board meeting, or special meeting, but

27 shall not be paid for attending more than two meetings in

28 any calendar month. However, no trustee shall be paid more

29 than one attendance fee if such trustee attends more than
    SS#2 SB 4  20

30 one board meeting in a calendar week. Each trustee of the

31 board shall be reimbursed for his or her actual expenditures

32 in the performance of his or her duties on behalf of the

33 district. Subject to the provisions of section 105.454, the

34 trustees may be paid reasonable compensation by the district

35 for their services outside their duties as trustees. The

36 board of trustees may employ and fix the compensation of

37 such staff as may be necessary to discharge the business and

38 purposes of the district, including clerks, attorneys,

39 administrative assistants, and any other necessary

40 personnel. The board of trustees may employ and fix the

41 duties and compensation of an administrator for the

42 district. The administrator shall be the chief executive

43 officer of the district subject to the supervision and

44 direction of the board of trustees. The administrator of

45 the district may, with the approval of the board of

46 trustees, retain consulting engineers for the district under

47 such terms and conditions as may be necessary to discharge

48 the business and purposes of the district.

49  3. Except as provided in subsection 1 of this section,

50 the term of office of a trustee shall be five years. The

51 remaining trustees shall appoint a person qualified under

52 this section to fill any vacancy on the board. The initial

53 trustees appointed by the circuit court shall serve until

54 the first Tuesday after the first Monday in June or until

55 the first Tuesday after the first Monday in April, depending

56 upon the resolution of the trustees. In the event that the

57 trustees are elected, said elections shall be conducted by

58 the appropriate election authority under chapter 115.

59 Otherwise, trustees shall be appointed by the county

60 commission in accordance with the qualifications set forth

61 in subsection 1 of this section.
    SS#2 SB 4  21

62  4. Notwithstanding any other provision of law, if

63 there is only one candidate for the post of trustee, then no

64 election shall be held, and the candidate shall assume the

65 responsibilities of office at the same time and in the same

66 manner as if elected. If there is no candidate for the post

67 of trustee, then no election shall be held for that post and

68 it shall be considered vacant, to be filled under the

69 provisions of subsection 3 of this section.

1   386.370. 1. The commission shall, prior to the

2 beginning of each fiscal year beginning with the fiscal year

3 commencing on July 1, 1947, make an estimate of the expenses

4 to be incurred by it during such fiscal year reasonably

5 attributable to the regulation of public utilities as

6 provided in chapters 386, 392 and 393 and shall also

7 separately estimate the amount of such expenses directly

8 attributable to such regulation of each of the following

9 groups of public utilities: electrical corporations, gas

10 corporations, water corporations, heating companies and

11 telephone corporations, telegraph corporations, sewer

12 corporations, and any other public utility as defined in

13 section 386.020, as well as the amount of such expenses not

14 directly attributable to any such group. For purposes of

15 this section, water corporations and sewer corporations will

16 be combined and considered one group of public utilities.

17  2. The commission shall allocate to each such group of

18 public utilities the estimated expenses directly

19 attributable to the regulation of such group and an amount

20 equal to such proportion of the estimated expenses not

21 directly attributable to any group as the gross intrastate

22 operating revenues of such group during the preceding

23 calendar year bears to the total gross intrastate operating

24 revenues of all public utilities subject to the jurisdiction
    SS#2 SB 4  22

25 of the commission, as aforesaid, during such calendar year.

26 The commission shall then assess the amount so allocated to

27 each group of public utilities, subject to reduction as

28 herein provided, to the public utilities in such group in

29 proportion to their respective gross intrastate operating

30 revenues during the preceding calendar year, except that the

31 total amount so assessed to all such public utilities,

32 except telecommunications corporations, shall not exceed

33 [three hundred fifteen] four hundred fifty thousandths of

34 one percent of the total gross intrastate operating revenues

35 of all public utilities, except telecommunications

36 corporations, subject to the jurisdiction of the

37 commission. The total amount to be assessed to all

38 telecommunications corporations, including interconnected

39 voice over internet protocol service providers, shall not

40 exceed two hundred fifty thousandths of one percent of the

41 total gross intrastate operating revenues of all

42 telecommunications corporations and interconnected voice

43 over internet protocol service providers subject to the

44 jurisdiction of the commission.

45  3. The commission shall render a statement of such

46 assessment to each such public utility on or before July

47 first and the amount so assessed to each such public utility

48 shall be paid by it to the director of revenue in full on or

49 before July fifteenth next following the rendition of such

50 statement, except that any such public utility may at its

51 election pay such assessment in four equal installments not

52 later than the following dates next following the rendition

53 of said statement, to wit: July fifteenth, October

54 fifteenth, January fifteenth and April fifteenth. The

55 director of revenue shall remit such payments to the state

56 treasurer.
    SS#2 SB 4  23

57  4. The state treasurer shall credit such payments to a

58 special fund, which is hereby created, to be known as "The

59 Public Service Commission Fund", which fund, or its

60 successor fund created pursuant to section 33.571, shall be

61 devoted solely to the payment of expenditures actually

62 incurred by the commission and attributable to the

63 regulation of such public utilities subject to the

64 jurisdiction of the commission, as aforesaid. Any amount

65 remaining in such special fund or its successor fund at the

66 end of any fiscal year shall not revert to the general

67 revenue fund, but shall be applicable by appropriation of

68 the general assembly to the payment of such expenditures of

69 the commission in the succeeding fiscal year and shall be

70 applied by the commission to the reduction of the amount to

71 be assessed to such public utilities in such succeeding

72 fiscal year, such reduction to be allocated to each group of

73 public utilities in proportion to the respective gross

74 intrastate operating revenues of the respective groups

75 during the preceding calendar year.

76  5. In order to enable the commission to make the

77 allocations and assessments herein provided for, each public

78 utility subject to the jurisdiction of the commission as

79 aforesaid shall file with the commission, within ten days

80 after August 28, 1996, and thereafter on or before March

81 thirty-first of each year, a statement under oath showing

82 its gross intrastate operating revenues for the preceding

83 calendar year, and if any public utility shall fail to file

84 such statement within the time aforesaid the commission

85 shall estimate such revenue which estimate shall be binding

86 on such public utility for the purpose of this section.

1   386.572. 1. No corporation, person, public utility,

2 or municipality that owns any gas plant shall violate any
    SS#2 SB 4        24

3 law or any order, decision, decree, rule, direction, demand,

4 or requirement of the commission or any part or portion

5 thereof relating to federally mandated natural gas safety

6 standards. Notwithstanding the above, a municipality that

7 owns any gas plant shall be subject to the provisions of

8 this section only for violations of natural gas safety laws,

9 rules, or orders.

10  2. The maximum penalties for violations of federally

11 mandated natural gas safety standards, or such stricter

12 natural gas safety standards or rules as may be approved by

13 the commission, shall [not be greater than fifteen thousand

14 dollars for each violation with a maximum penalty for a

15 continuing violation or a multiple series of violations of

16 the same standard or rule provision not to exceed one

17 hundred fifty thousand dollars,] not exceed an amount as

18 determined by the Secretary of Transportation of the United

19 States pursuant to 49 CFR Part 190.223(a), notwithstanding

20 any provisions of subsection 1 of section 386.570 to the

21 contrary. [The maximum penalty for each violation shall

22 increase to twenty thousand dollars, effective January 1,

23 2015, twenty-five thousand dollars, effective January 1,

24 2025, thirty thousand dollars, effective January 1, 2035,

25 and forty thousand dollars, effective January 1, 2040. The

26 maximum penalty for a continuing violation or a multiple

27 series of violations of the same standard or rule provision

28 shall increase to two hundred thousand dollars, effective

29 January 1, 2015, two hundred fifty thousand dollars,

30 effective January 1, 2025, three hundred thousand dollars,

31 effective January 1, 2035, and four hundred thousand

32 dollars, effective January 1, 2040.] In determining the

33 amount of the penalty, the commission shall consider the

34 nature, circumstances, and gravity of the violation, and
    SS#2 SB 4                25

35 also shall consider, with respect to the entity found to

36 have committed the violation:

37  (1) The degree of culpability;

38  (2) Any history of prior violations;

39  (3) The effect of the penalty on the entity's ability

40 to continue operation;

41  (4) Any good faith effort in attempting to achieve

42 compliance;

43  (5) Ability to pay the penalty; and

44  (6) Such other matters as are relevant in the case.

45  3. Every violation of a specific natural gas safety

46 standard or rule by any corporation, person, public utility,

47 or municipality that owns any gas plant is a separate and

48 distinct offense, regardless of whether such violations

49 relate to the same incident. In case of a continuing

50 violation, each day's continuance thereof shall be a

51 separate and distinct offense.

52  4. In construing and enforcing the provisions of this

53 section, the act, omission, or failure of any officer,

54 agent, or employee of any corporation, person, public

55 utility, or municipality that owns any gas plant acting

56 within the scope of official duties of employment shall in

57 every case be considered the act, omission, or failure of

58 such corporation, person, public utility, or municipality

59 that owns any gas plant.

1   386.600. An action to recover a penalty or a

2 forfeiture under this chapter or to enforce the powers of

3 the commission under this or any other law may be brought in

4 any circuit court in this state in the name of the state of

5 Missouri and shall be commenced and prosecuted to final

6 judgment by the general counsel to the commission, or for

7 actions commenced under section 386.752 to 386.764, the
   SS#2 SB 4  26

8 attorney general. No filing or docket fee shall be required

9 of the general counsel or the attorney general. In any such

10 action all penalties and forfeitures incurred up to the time

11 of commencing the same may be sued for and recovered

12 therein, and the commencement of an action to recover a

13 penalty or forfeiture shall not be, or be held to be, a

14 waiver of the right to recover any other penalty or

15 forfeiture; if the defendant in such action shall prove that

16 during any portion of the time for which it is sought to

17 recover penalties or forfeitures for a violation of an order

18 or decision of the commission the defendant was actually and

19 in good faith prosecuting a suit to review such order or

20 decision in the manner as provided in this chapter, the

21 court shall remit the penalties or forfeitures incurred

22 during the pendency of such proceeding. All moneys

23 recovered as a penalty or forfeiture shall be paid to the

24 public school fund of the state. Any such action may be

25 compromised or discontinued on application of the commission

26 upon such terms as the court shall approve and order.

1  386.720. 1. The public counsel shall, prior to the

2 beginning of each fiscal year beginning with the fiscal year

3 commencing on July 1, 2026, make an estimate of the expenses

4 to be incurred by his or her office during such fiscal year

5 reasonably attributable to the performance of his or her

6 powers, duties, and functions pursuant to sections 386.700

7 and 386.710, and shall also separately estimate the amount

8 of such expenses directly attributable to such duties for

9 each of the following groups of public utilities:

10 electrical corporations, gas corporations, water

11 corporations, heating companies, sewer corporations, and any

12 other public utility as defined in section 386.020, as well

13 as the amount of such expenses not directly attributable to
    SS#2 SB 4  27

14 any such group. For purposes of this section, water

15 corporations and sewer corporations will be combined and

16 considered one group of public utilities. Telephone and

17 telegraph corporations shall be exempt from this section.

18  2. The public counsel shall allocate to each such

19 group of public utilities the estimated expenses directly

20 attributable to the regulation of such group and an amount

21 equal to such proportion of the estimated expenses not

22 directly attributable to any group as the gross intrastate

23 operating revenues of such group during the preceding

24 calendar year bears to the total gross intrastate operating

25 revenues of all public utilities subject to the jurisdiction

26 of the commission during such calendar year. The public

27 counsel shall then assess the amount so allocated to each

28 group of public utilities, subject to reduction as herein

29 provided, in proportion to their respective gross intrastate

30 operating revenues during the preceding calendar year,

31 except that the total amount so assessed to all such public

32 utilities shall not exceed fifty-seven thousandths of one

33 percent of the total gross intrastate operating revenues of

34 all utilities subject to the jurisdiction of the commission.

35  3. The public counsel shall render a statement of such

36 assessment to each such public utility on or before July

37 first of each year and the amount so assessed to each such

38 public utility shall be paid by it to the director of

39 revenue in full on or before July fifteenth next following

40 the rendition of such statement, except that any such public

41 utility may at its election pay such assessment in four

42 equal installments not later than the following dates next

43 following the rendition of such statement, to wit: July

44 fifteenth, October fifteenth, January fifteenth, and April
    SS#2 SB 4                28

45 fifteenth. The director of revenue shall remit such

46 payments to the state treasurer.

47  4. The state treasurer shall credit such payments to a

48 special fund, which is hereby created, to be known as the

49 "Office of the Public Counsel Fund", which fund, or its

50 successor fund created pursuant to section 33.571, shall be

51 devoted solely to the payment of expenditures actually

52 incurred by the public counsel and attributable to the

53 regulation of such public utilities subject to the

54 jurisdiction of the commission. Any amount remaining in

55 such special fund or its successor fund at the end of any

56 fiscal year shall not revert to the general revenue fund,

57 but shall be applicable by appropriation of the general

58 assembly to the payment of such expenditures of the public

59 counsel in the succeeding fiscal year and shall be applied

60 by the public counsel to the reduction of the amount to be

61 assessed to such public utilities in such succeeding fiscal

62 year, such reduction to be allocated to each group of public

63 utilities in proportion to the respective gross intrastate

64 operating revenues of the respective groups during the

65 preceding calendar year.

1   386.752. The provisions of sections 386.752 to 386.764

2 shall be known as and may be cited as the "Fair Competition

3 Law".

1   386.754. For the purposes of sections [386.754]

2 386.752 to 386.764, the following terms mean:

3   (1) "Affiliate", any entity not regulated by the

4 public service commission which is owned, controlled by, or

5 under common control with a utility and is engaged in HVAC

6 services;

7   (2) "HVAC services", the warranty, sale, lease,

8 rental, installation, construction, modernization, retrofit,
    SS#2 SB 4               29

9 maintenance or repair of heating, ventilating and air

10 conditioning equipment;

11  (3) "Utility", an electrical corporation, gas

12 corporation or heating company, as defined in section

13 386.020;

14  (4) "Utility contractor", a person, including an

15 individual, corporation, firm, incorporated or

16 unincorporated association or other business or legal

17 entity, that contracts, whether in writing or not in

18 writing, with a utility to engage in or assist any entity in

19 engaging in HVAC services, but does not include employees of

20 a utility.

1   386.756. 1. [Except by an affiliate,] A utility may

2 not engage in HVAC services, unless otherwise provided in

3 subsection [7 or] 8 of this section.

4   2. No affiliate or utility contractor may use any

5 vehicles, service tools, instruments, employees, or any

6 other utility assets, the cost of which are recoverable in

7 the regulated rates for utility service, to engage in HVAC

8 services unless the utility is compensated for the use of

9 such assets at cost to the utility.

10  3. A utility may not use or allow any affiliate or

11 utility contractor to use the name of such utility to engage

12 in HVAC services unless the utility, affiliate or utility

13 contractor discloses, in plain view and in bold type on the

14 same page as the name is used on all advertisements or in

15 plain audible language during all solicitations of such

16 services, a disclaimer that states the services provided are

17 not regulated by the public service commission.

18  4. A utility may not engage in or assist any affiliate

19 or utility contractor in engaging in HVAC services in a

20 manner which subsidizes the activities of such utility,
    SS#2 SB 4        30

21 affiliate or utility contractor to the extent of changing

22 the rates or charges for the utility's regulated services

23 above or below the rates or charges that would be in effect

24 if the utility were not engaged in or assisting any

25 affiliate or utility contractor in engaging in such

26 activities.

27  5. Any affiliates or utility contractors engaged in

28 HVAC services shall maintain accounts, books and records

29 separate and distinct from the utility.

30  6. The provisions of this section shall apply to any

31 affiliate or utility contractor engaged in HVAC services

32 that is owned, controlled or under common control with a

33 utility providing regulated utility service in this state or

34 any other state.

35  7. A utility engaging in HVAC services in this state

36 five years prior to August 28, 1998, may continue providing,

37 to existing as well as new customers, the same type of

38 services as those provided by the utility five years prior

39 to August 28, 1998. The provisions of this section only

40 apply to the area of service which the utility was actually

41 supplying service to on a regular basis prior to August 28,

42 1993. The provisions of this section shall not apply to any

43 subsequently expanded areas of service made by a utility

44 through either existing affiliates or subsidiaries or

45 through affiliates or subsidiaries purchased after August

46 28, 1993, unless such services were being provided in the

47 expanded area prior to August 28, 1993.

48  8. The provisions of this section shall not be

49 construed to prohibit a utility from providing emergency

50 service, providing any service required by law or providing

51 a program pursuant to an existing tariff, rule or order of
    SS#2 SB 4  31

52 the public service commission that is consistent with the

53 provisions of this section.

54  9. Any utility that directly or indirectly engages a

55 utility contractor that may provide HVAC services shall

56 develop a qualification process and make such process open

57 to all utility contractors seeking to provide HVAC

58 services. Utility contractors shall have the opportunity to

59 register on the utility's vendor registration site and be

60 evaluated for bid opportunities.

61  10. Upon receiving information that raises a

62 reasonable inference that any provision of sections 386.754

63 to 386.764 has been violated by any firm, person, or

64 corporation under the jurisdiction of the commission, the

65 commission's staff shall investigate and report its findings

66 to the commission. The commission upon finding reasonable

67 cause to believe a violation has occurred, may open a case

68 before it under section 386.330 and may also promptly act to

69 abate the violation and impose any required penalties and

70 seek their collection under sections 386.360 and 386.600.

71 Any person informing the commission of an apparent or actual

72 violation of the provisions of sections 386.754 to 386.764

73 may be allowed to intervene in the proceeding at their

74 option. The person informing the commission of an apparent

75 or actual violation of the provisions of sections 386.754 to

76 386.764, and any other interested person, shall be provided

77 a copy of the final disposition of the complaint, but not

78 the work-product or attorney-client privileged documents of

79 the commission's staff or general counsel or the attorney

80 general.

81  11. A utility that violates any provision of this

82 section is guilty of a civil offense and may be subject to a

83 civil penalty of up to twelve thousand five hundred dollars
    SS#2 SB 4            32

84 for each violation. The attorney general may enforce the

85 provisions of this section pursuant to any powers granted to

86 him or her pursuant to any relevant provisions provided by

87 Missouri statutes or the Missouri Constitution.

88  [10.] 12. Any utility claiming an exemption as

89 provided in subsection 7 of this section shall comply with

90 all applicable state and local laws, ordinances or

91 regulations relating to the installation or maintenance of

92 HVAC systems including all permit requirements. A

93 continuing pattern of failure to comply with said

94 requirements shall provide the basis for a finding by any

95 court of competent jurisdiction or the public service

96 commission that the utility has waived its claim of

97 exemption pursuant to subsection 7 of this section.

1   386.760. 1. The public service commission shall have

2 full authority to administer and ensure compliance with

3 sections 386.754 to 386.764, provided that the commission

4 shall not impose, by rule or otherwise, requirements

5 regarding HVAC services that are inconsistent with or in

6 addition to those set forth in sections 386.754 to 386.764

7 or with requirements set forth in section 386.315.

8   2. The public service commission shall not adopt any

9 rule, tariff, order, or any other action that purports to

10 allow a violation of sections 386.754 to 386.764.

11  [2.] 3. No rule or portion of a rule promulgated

12 pursuant to the provisions of sections 386.754 to 386.764

13 shall become effective unless it has been promulgated

14 pursuant to the provisions of chapter 536.

1   386.820. 1. For purposes of this section, the

2 following terms mean:
    SS#2 SB 4                 33

3   (1) "Advanced meter", a meter or metering device

4 system that is owned or leased by a utility or its agent and

5 that meets one or more of the following requirements:

6   (a) Measures, records, and sends a customer's utility

7 usage or other data by use of radio waves or broadband over

8 power lines;

9   (b) Allows for two-way communication between the meter

10 and the utility or its agent; and

11  (c) Allows for a utility or its agent to control a

12 customer's thermostat, appliance, or service;

13  (2) "Hub meter", an advanced meter that generates

14 stronger radio waves as a result of the meter serving as a

15 hub for other advanced meters it communicates with in a

16 given area;

17  (3) "Inaccurate information", the intentional under-

18 reporting of meter data in an effort to not pay for

19 services. Inaccurate information does not mean minor

20 differences in readings by less than two percent to account

21 for variations based on the time of day that the meter is

22 read and similar factors;

23  (4) "Regular basis", once per billing cycle;

24  (5) "Traditional meter", a commercially available

25 meter that is unable to transmit usage information and is

26 only intended to be read by an individual through a visual

27 display. A traditional meter is not designed or capable of

28 transmitting usage data by using radio waves or broadband

29 over power lines, allowing two-way communication between the

30 meter and the utility or its agents, or allowing a utility

31 or its agents to control a customer's thermostat, appliance,

32 or service. A traditional meter does not include an

33 advanced meter that has certain functionality turned off or

34 deactivated;
    SS#2 SB 4           34

35  (6) "Utility", any public utility that is rate

36 regulated by the public service commission under chapters

37 386 or 393.

38  2. (1) The commission shall promulgate commercially

39 reasonable rules governing an opt-out process using an

40 advanced meter or hub meter for customers no later than June

41 30, 2026. Commencing July 1, 2026, a residential utility

42 customer may at any time communicate with the utility that

43 the customer would like to opt out of using an advanced

44 meter or hub meter.

45  (2) Within a commercially reasonable time after

46 receiving a residential customer's request that an advanced

47 meter be removed from the customer's residence or business,

48 a utility shall remove the advanced meter and replace it at

49 a location of the utility's choice with a traditional

50 meter. A utility may charge a one-time all-inclusive fee,

51 not to exceed one hundred twenty-five dollars, to remove the

52 advanced meter and to provide and install a traditional

53 meter. A utility may charge a monthly fee, not to exceed

54 fifteen dollars, for the use of a traditional meter.

55  (3) If a residential customer utilizes a traditional

56 meter and desires to read its own meter rather than having

57 the utility read the meter, the customer shall report

58 accurate energy usage to the utility on a regular basis. A

59 utility shall provide the customer with the detailed process

60 to report meter readings on a secure website, by telephone,

61 or by other commercially reasonable means. At least once

62 every twelve months, the utility shall obtain an actual

63 meter reading of the customer's energy usage to verify the

64 accuracy of readings reported under this section.

65 Notwithstanding this subsection to the contrary, a

66 representative of a utility may manually read the customer's
    SS#2 SB 4  35

67 meter on a regular basis as otherwise permitted by law and

68 correct a reading as necessary. If the customer fails to

69 report usage, inaccurately reports usage, or the utility

70 does not receive the customer's service usage report on

71 time, the utility may manually read the customer's meter or

72 charge that customer based on an estimate of prior energy

73 use in a manner approved by the commission. The utility may

74 charge the customer interest on any unpaid amount due to the

75 customer's failure to report usage or inaccurate report of

76 usage in any given billing cycle. Such interest rate shall

77 be no greater than five percent. The commission is

78 authorized to approve charges to be assessed pursuant to an

79 electrical corporation's rate schedule to be assessed on

80 customers that intentionally report inaccurate usage.

81  (4) A utility shall not be liable for any injuries or

82 other damages sustained by a customer or other individuals

83 due to a customer's reading of the customer's utility usage

84 unless such injuries or damages are caused by the willful

85 misconduct or gross negligence of the utility.

86  3. The commission shall promulgate rules to implement

87 the provisions of this section. Any rule or portion of a

88 rule, as that term is defined in section 536.010, that is

89 created under the authority delegated in this section shall

90 become effective only if it complies with and is subject to

91 all of the provisions of chapter 536 and, if applicable,

92 section 536.028. This section and chapter 536 are

93 nonseverable and if any of the powers vested with the

94 general assembly pursuant to chapter 536 to review, to delay

95 the effective date, or to disapprove and annul a rule are

96 subsequently held unconstitutional, then the grant of

97 rulemaking authority and any rule proposed or adopted after

98 August 28, 2025, shall be invalid and void.
    SS#2 SB 4           36

1   386.1100. If the commission has ordered adoption of

2 time-of-use rates on a mandatory basis for an electrical

3 corporation's residential customers before the effective

4 date of this section, then within one year from the

5 effective date of this section, the commission shall issue

6 an order which allows for mandated time-of-use rate

7 customers to opt out of participating in time-of-use rates

8 and elect to participate in non-time-of-use rates. The

9 transition to opt out of time-of-use rates may occur in a

10 general rate case or in a stand-alone tariff proceeding to

11 allow for the transition to conclude no later than one year

12 from the effective date of this section.

1   393.108. For purposes of this section, the hot weather

2 rule shall mean the period of time from June first to

3 September thirtieth, in which the discontinuance of gas and

4 electric service to all residential users, including all

5 residential tenants of apartment buildings, for nonpayment

6 of bills where gas or electricity is used as the source of

7 cooling or to operate the only cooling equipment at the

8 residence, is prohibited in the following situations:

9   (1) On any day when the National Weather Service local

10 forecast between 6:00 a.m. and 9:00 p.m. for the following

11 [twenty-four] seventy-two hours predicts that the

12 temperature shall rise above ninety-five degrees Fahrenheit

13 or that the heat index shall rise above one hundred five

14 degrees Fahrenheit;

15  (2) On any day when utility personnel are not

16 available to reconnect utility service during the

17 immediately succeeding day or days and the National Weather

18 Service local forecast between 6:00 a.m. and 9:00 p.m.

19 predicts that the temperature during the period of

20 unavailability shall rise above ninety-five degrees
    SS#2 SB 4       37

21 Fahrenheit or that the heat index shall rise above one

22 hundred five degrees Fahrenheit; and

23  (3) In any other applicable situations provided for in

24 rules established and amended by the public service

25 commission.

1   393.109. For purposes of this section, the cold

2 weather rule shall mean the period of time from November

3 first to March thirty-first, in which the discontinuance of

4 gas and electric service to all residential users, including

5 all residential tenants of apartment buildings, for

6 nonpayment of bills where gas or electricity is used as the

7 source of heating or to operate the only heating equipment

8 at the residence, is prohibited in the following situations:

9   (1) On any day when the National Weather Service local

10 forecast between 6:00 a.m. and 9:00 p.m. for the following

11 seventy-two hours predicts that the temperature shall fall

12 below thirty-two degrees Fahrenheit;

13  (2) On any day when utility personnel are not

14 available to reconnect utility service during the

15 immediately succeeding day or days and the National Weather

16 Service local forecast between 6:00 a.m. and 9:00 p.m.

17 predicts that the temperature during the period of

18 unavailability shall fall below thirty-two degrees

19 Fahrenheit; and

20  (3) In any other applicable situations provided for in

21 rules established and amended by the public service

22 commission.

1   393.130. 1. Every gas corporation, every electrical

2 corporation, every water corporation, and every sewer

3 corporation shall furnish and provide such service

4 instrumentalities and facilities as shall be safe and

5 adequate and in all respects just and reasonable. All
    SS#2 SB 4                 38

6 charges made or demanded by any such gas corporation,

7 electrical corporation, water corporation or sewer

8 corporation for gas, electricity, water, sewer or any

9 service rendered or to be rendered shall be just and

10 reasonable and not more than allowed by law or by order or

11 decision of the commission. Every unjust or unreasonable

12 charge made or demanded for gas, electricity, water, sewer

13 or any such service, or in connection therewith, or in

14 excess of that allowed by law or by order or decision of the

15 commission is prohibited.

16  2. No gas corporation, electrical corporation, water

17 corporation or sewer corporation shall directly or

18 indirectly by any special rate, rebate, drawback or other

19 device or method, charge, demand, collect or receive from

20 any person or corporation a greater or less compensation for

21 gas, electricity, water, sewer or for any service rendered

22 or to be rendered or in connection therewith, except as

23 authorized in this chapter, than it charges, demands,

24 collects or receives from any other person or corporation

25 for doing a like and contemporaneous service with respect

26 thereto under the same or substantially similar

27 circumstances or conditions.

28  3. No gas corporation, electrical corporation, water

29 corporation or sewer corporation shall make or grant any

30 undue or unreasonable preference or advantage to any person,

31 corporation or locality, or to any particular description of

32 service in any respect whatsoever, or subject any particular

33 person, corporation or locality or any particular

34 description of service to any undue or unreasonable

35 prejudice or disadvantage in any respect whatsoever.

36  4. Nothing in this section shall be taken to prohibit

37 a gas corporation, electrical corporation, water corporation
    SS#2 SB 4           39

38 or sewer corporation from establishing a sliding scale for a

39 fixed period for the automatic adjustment of charges for

40 gas, electricity, water, sewer or any service rendered or to

41 be rendered and the dividends to be paid stockholders of

42 such gas corporation, electrical corporation, water

43 corporation or sewer corporation; provided, that the sliding

44 scale shall first have been filed with and approved by the

45 commission; but nothing in this subsection shall operate to

46 prevent the commission after the expiration of such fixed

47 period from fixing proper, just and reasonable rates and

48 charges to be made for service as authorized in sections

49 393.110 to 393.285.

50  5. No water corporation shall be permitted to charge

51 any municipality or fire protection district a rate for the

52 placing and providing of fire hydrants for distribution of

53 water for use in protecting life and property from the

54 hazards of fire within such municipality or fire protection

55 district. Nothing herein shall prevent such water

56 corporation from including the cost of placement and

57 maintenance of such fire hydrants in its cost basis in

58 determining a fair and reasonable rate to be charged for

59 water. Any such fee or rental charge being made for such

60 fire hydrants whether by contract or otherwise at the time

61 this act shall take effect may remain in effect for a period

62 of one hundred twenty days after this section shall take

63 effect.

64  6. In any home rule city with more than four hundred

65 thousand inhabitants and located in more than one county,

66 any deposits held by the city for any water or sewerage

67 services provided to a customer at any premises shall accrue

68 interest if the customer is current in payments for water

69 and sewerage services and if the city has held the deposit
    SS#2 SB 4   40

70 for two or more years. Interest for each year, or part

71 thereof, shall accrue at the rate set for six month United

72 States treasury bills effective December thirty-first of the

73 preceding year. For any deposit held by the city on or

74 before the December thirty-first prior to August 28, 2002,

75 if that deposit is still held by the city on the December

76 thirty-first one year next following August 28, 2002,

77 interest accruing pursuant to this section from the

78 effective date shall be credited to the customer's

79 individual account, or paid to the customer, at the city's

80 discretion.

81  7. Each electrical corporation providing electric

82 service to more than two hundred fifty thousand customers

83 shall develop and submit to the commission schedules to

84 include in the electrical corporation's service tariff

85 applicable to customers who are reasonably projected to have

86 above an annual peak demand of one hundred megawatts or

87 more. The schedules should reasonably ensure such

88 customers' rates will reflect the customers' representative

89 share of the costs incurred to serve the customers and

90 prevent other customer classes' rates from reflecting any

91 unjust or unreasonable costs arising from service to such

92 customers. Each electrical corporation providing electric

93 service to two hundred fifty thousand or fewer customers as

94 of January 1, 2025, shall develop and submit to the

95 commission such schedules applicable to customers who are

96 reasonably projected to have above an annual peak demand of

97 fifty megawatts or more. The commission may order

98 electrical corporations to submit similar tariffs to

99 reasonably ensure that the rates of customers who are

100 reasonably projected to have annual peak demands below the

101 above-referenced levels will reflect the customers'
    SS#2 SB 4                   41

102 representative share of the costs incurred to serve the

103 customers and prevent other customer classes' rates from

104 reflecting any unjust or unreasonable costs arising from

105 service to such customers.

1       393.135. 1. Except as provided in subsection 2 of

2 this section, any charge made or demanded by an electrical

3 corporation for service, or in connection therewith, which

4 is based on the costs of construction in progress upon any

5 existing or new facility of the electrical corporation, or

6 any other cost associated with owning, operating,

7 maintaining, or financing any property before it is fully

8 operational and used for service, is unjust and

9 unreasonable, and is prohibited.

10      2. (1) An electrical corporation may be permitted,

11 subject to the limitations in this subsection, to include

12 construction work in progress for any new natural gas-

13 generating unit in rate base. The inclusion of construction

14 work in progress allowed under this subsection shall be in

15 lieu of any otherwise applicable allowance for funds used

16 during construction that would have accrued from and after

17 the effective date of new base rates that reflect inclusion

18 of the construction work in progress in rate base. The

19 commission shall determine, in a proceeding under section

20 393.170, the amount of construction work in progress that

21 may be included in rate base. The amount shall be limited

22 by:

23      (a) The estimated cost of such project; and

24      (b) Project expenditures made within the estimated

25 construction period for such project.

26 Base rate recoveries arising from inclusion of construction
27 work in progress in rate base are subject to refund, with
    SS#2 SB 4                  42

28 interest on the refunded amount at the same rate as the rate

29 of interest for delinquent taxes determined by the director

30 of revenue in accordance with section 32.065, if, and to the

31 extent the commission determines, in a subsequent complaint

32 or general rate proceeding, that construction costs giving

33 rise to the construction work in progress included in rate

34 base were imprudently incurred or if the project for which

35 construction costs have been included in the rate base is

36 not placed in service within a reasonable amount of time, as

37 determined by the commission. Rate base used to determine

38 return deferred under subdivision (2) of subsection 3 of

39 section 393.1400 shall include an offset for rate base that

40 has been used to determine return included in base rates as

41 a result of construction work in progress inclusion in rate

42 base under this subsection. The offset shall apply from and

43 after the in-service date of the asset that has been used to

44 determine return included in base rates as a result of

45 construction work in progress inclusion in rate base under

46 this subsection.

47  (2) This subsection shall expire on December 31, 2035,

48 unless the commission determines, after a hearing conducted

49 in 2035, upon a submission from an electrical corporation of

50 an application requesting and demonstrating that good cause

51 exists to extend the effectiveness of this subsection

52 through December 31, 2045. The secretary of the commission

53 shall notify the revisor of statutes when the conditions set

54 forth for the extension of this subsection have been met.

1   393.138. 1. For purposes of this section, the

2 following terms shall mean:

3   (1) "Commission", as defined in section 386.020;

4   (2) "Electrical corporation", as defined in section

5 393.1400.
    SS#2 SB 4  43

6   2. If a reduction is made to the federal income tax

7 rates of electrical corporations between January 20, 2025,

8 and December 31, 2029, the commission shall have a one-time

9 authority to adjust each electrical corporation's rates

10 prospectively so that the income tax component of the

11 revenue requirement used to set such electrical

12 corporation's rates is based upon the provisions of the

13 federal act without considering any other factor as

14 otherwise required by section 393.270. Beginning with the

15 effective date of the federal corporate income tax reduction

16 through the date the electrical corporation's rates are

17 adjusted on a one-time basis, the commission shall require

18 electrical corporations to defer to a regulatory asset the

19 financial impact of such federal act. The amounts deferred

20 under this subsection shall be included in the revenue

21 requirement used to set the electrical corporation's rates

22 in its subsequent general rate proceeding through an

23 amortization over a period determined by the commission.

24  3. Upon a public interest finding by the commission,

25 the commission may, as an alternative to requiring a one-

26 time rate change and deferral under subsection 2 of this

27 section, allow a deferral, in whole or in part, of such

28 federal act's financial impacts to a regulatory asset

29 starting with the effective date of the federal corporate

30 income tax reduction through the effective date of new rates

31 in such electrical corporation's next general rate

32 proceeding. The deferred amounts shall be included in the

33 revenue requirement used to set the electrical corporation's

34 rates in its subsequent general rate proceeding through an

35 amortization over a period determined by the commission.

1   393.150. 1. Whenever there shall be filed with the

2 commission by any gas corporation, electrical corporation,
SS#2 SB 4  44

 3 water corporation or sewer corporation any schedule stating
 4 a new rate or charge, or any new form of contract or
 5 agreement, or any new rule, regulation or practice relating
 6 to any rate, charge or service or to any general privilege
 7 or facility, the commission shall have, and it is hereby
 8 given, authority, either upon complaint or upon its own
 9 initiative without complaint, at once, and if it so orders
10 without answer or other formal pleading by the interested
11 gas corporation, electrical corporation, water corporation
12 or sewer corporation, but upon reasonable notice, to enter
13 upon a hearing concerning the propriety of such rate,
14 charge, form of contract or agreement, rule, regulation or
15 practice, and pending such hearing and the decision thereon,
16 the commission upon filing with such schedule, and
17 delivering to the gas corporation, electrical corporation,
18 water corporation or sewer corporation affected thereby, a
19 statement in writing of its reasons for such suspension, may
20 suspend the operation of such schedule and defer the use of
21 such rate, charge, form of contract or agreement, rule,
22 regulation or practice, but not for a longer period than one
23 hundred and twenty days beyond the time when such rate,
24 charge, form of contract or agreement, rule, regulation or
25 practice would otherwise go into effect; and after full
26 hearing, whether completed before or after the rate, charge,
27 form of contract or agreement, rule, regulation or practice
28 goes into effect, the commission may make such order in
29 reference to such rate, charge, form of contract or
30 agreement, rule, regulation or practice as would be proper
31 in a proceeding initiated after the rate, charge, form of
32 contract or agreement, rule, regulation or practice had
33 become effective. In any proceeding under this section
34 wherein testimony is pre-filed, each party shall be afforded
    SS#2 SB 4             45

35 an opportunity to respond to any rebuttal testimony and

36 exhibits of other parties through pre-filed testimony.

37  2. If any such hearing cannot be concluded within the

38 period of suspension, as above stated, the commission may,

39 in its discretion, extend the time of suspension for a

40 further period not exceeding six months, the last day of

41 which period shall be considered the operation of law date.

42 At any hearing involving a rate sought to be increased, the

43 burden of proof to show that the increased rate or proposed

44 increased rate is just and reasonable shall be upon the gas

45 corporation, electrical corporation, water corporation or

46 sewer corporation, and the commission shall give to the

47 hearing and decision of such questions preference over all

48 other questions pending before it and decide the same as

49 speedily as possible.

50  3. (1) Beginning July 1, 2026, the test year for

51 proceedings under this section shall, if requested by a gas

52 corporation, water corporation, or sewer corporation, be a

53 future year consisting of the first twelve full calendar

54 months after the operation of law date determined in

55 subsections 1 and 2 of this section for schedules stating

56 new base rates filed by a gas corporation, water

57 corporation, or sewer corporation under this section, unless

58 the commission makes a determination that using a future

59 test year under this section is detrimental to the public

60 interest. For ratemaking purposes, the average of the

61 projected month-end total rate base amount during the future

62 test year shall be used to establish new base rates. Unless

63 otherwise ordered by the commission, new base rates shall

64 not go into effect before the first day of the future test

65 year.
    SS#2 SB 4              46

66  (2) With respect to gas corporations, water

67 corporations, or sewer corporations that elect to utilize a

68 future test year and notwithstanding section 393.270 to the

69 contrary, within forty-five days of the end of the future

70 test year, such gas corporation, water corporation, or sewer

71 corporation shall update its base rates that were approved

72 by the commission in its report and order issued under

73 subsections 1 and 2 of this section to reflect the total

74 rate base, annualized depreciation expense, income tax

75 expense, payroll expense, employee benefits (other than

76 pensions and other post-retirement benefits), and rate case

77 expense at the end of the future test year. The total

78 ending rate base and expense items reflected in this update

79 shall not be greater than the total ending rate base and

80 expense items approved by the commission in its report and

81 order establishing base rates. The commission and parties

82 to the case shall have sixty days to review the updated

83 information provided by a gas corporation, water

84 corporation, or sewer corporation, unless any party who was

85 a party to the rate case files a request for a hearing at

86 which point the commission shall suspend the filed tariffs

87 and order a procedural schedule. The commission shall order

88 the corporation to file new tariff sheets that reflect any

89 update approved by the commission.

90  4. A gas corporation, water corporation, or sewer

91 corporation that requests a test year under subsection 3 of

92 this section shall not recover the costs of any plant

93 investments made during the test year period under any of

94 the mechanisms provided for in sections 393.1000, 393.1003,

95 393.1006, 393.1009, 393.1012, 393.1015, 393.1500, 393.1503,

96 393.1506, or 393.1509.
     SS#2 SB 4           47

97   5. For a gas corporation, water corporation, or sewer

98 corporation that elected to use a future test year, a

99 reconciliation of the rate base at the end of the future

100 test year shall be provided to the commission within forty-

101 five days of the end of the future test year. If the actual

102 average month-end total rate base amount during the future

103 test year is less than the average month-end total rate base

104 amount used to set base rates in the prior general rate

105 proceeding under subsections 1 and 2 of this section, and

106 notwithstanding section 393.270 to the contrary, the portion

107 of the annual revenue requirement comprising the average

108 total rate base difference shall be returned to customers.

109 The revenue requirement shall be calculated using rate base,

110 depreciation expense, income tax expense, and the pre-tax

111 rate of return from the prior general rate proceeding under

112 subsections 1 and 2 of this section. The difference in

113 revenue requirement shall be placed into a regulatory

114 liability to be returned to customers in the next general

115 rate proceeding with such regulatory liability to accrue

116 carrying costs at the utility's weighted average cost of

117 capital.

118  6. The commission may take into account any change in

119 business risk to the corporation resulting from

120 implementation of the adjustment mechanism in setting the

121 corporation's allowed return in any rate proceeding, in

122 addition to any other changes in business risk experienced

123 by the corporation.

124  7. For a gas corporation, water corporation, or sewer

125 corporation that elected to use a future test year, a

126 reconciliation of depreciation expense, income tax expense,

127 payroll expense, employee benefits except for pensions and

128 other post-retirement benefits, and rate case expense
     SS#2 SB 4  48

129 incurred during the future test year shall be provided to

130 the commission within forty-five days of the end of the

131 future test year. If the actual amounts for these expenses

132 are less than the amounts used to calculate the revenue

133 requirement in the prior general rate proceeding under

134 subsections 1 and 2 of this section, and notwithstanding

135 section 393.270 to the contrary, the differences shall be

136 returned to customers. The difference in revenue

137 requirement shall be placed into a regulatory liability to

138 be returned to customers in the next general rate case with

139 such regulatory liability to accrue carrying costs at the

140 utility's weighted average cost of capital. Expense

141 differences to be returned to customers resulting from this

142 reconciliation shall not be used to offset additional

143 capital spending in the reconciliation described in

144 subsection 5 of section 393.150.

145  8. The commission shall promulgate rules to implement

146 the provisions of this section no later than July 1, 2027.

147 Such rules shall include a procedure allowing any party to a

148 rate proceeding that utilizes a future test year as provided

149 in subsection 3 of this section to undertake a meaningful

150 review of the update provided by the gas corporation, water

151 corporation, or sewer corporation under subsection 3 of this

152 section and the reconciliations provided by the gas

153 corporation, water corporation, or sewer corporation under

154 subsections 5 and 7 of this section, and to argue for the

155 disallowance of any costs included in the total rate base,

156 depreciation expense, income tax expense, payroll expense,

157 employee benefits (other than pensions and other post-

158 retirement benefits), and rate case expense at the end of

159 the future test year that differs from the projected values

160 upon which the commission relied in issuing its report and
     SS#2 SB 4            49

161 order to approve new base rates under subsections 1 and 2 of

162 this section. Any rule or portion of a rule, as that term

163 is defined in section 536.010, that is created under the

164 authority delegated in this section shall become effective

165 only if it complies with and is subject to all of the

166 provisions of chapter 536 and, if applicable, section

167 536.028. This section and chapter 536 are nonseverable and

168 if any of the powers vested with the general assembly

169 pursuant to chapter 536 to review, to delay the effective

170 date, or to disapprove and annul a rule are subsequently

171 held unconstitutional, then the grant of rulemaking

172 authority and any rule proposed or adopted after August 28,

173 2025, shall be invalid and void.

174  9. For purposes of this section, the following terms

175 shall mean:

176  (1) "Base rates", rates or charges for public utility

177 service other than rates or charges under any rate

178 adjustment mechanism including, but not limited to, those

179 approved under the provisions of sections 386.266, 393.1000,

180 393.1009, 393.1030, 393.1075, and 393.1500;

181  (2) "Revenue requirement", the amount of retail

182 revenues from base rates charged to retail customers for

183 public utility service needed for a public utility to

184 recover its cost to provide utility service including

185 reasonable and necessary expenses, prudent investments, and

186 the cost of capital.

1    393.320. 1. As used in this section, the following

2 terms mean:

3    (1) "Large water public utility", a public utility:

4    (a) That regularly provides water service [or sewer

5 service] to more than eight thousand customer connections,

6 regularly provides sewer service to more than eight thousand
    SS#2 SB 4               50

7 customer connections, or regularly provides a combination of

8 either to more than eight thousand customer connections; and

9   (b) That provides safe and adequate service but shall

10 not include a sewer district established under Section

11 30(a), Article VI of the Missouri Constitution, sewer

12 districts established under the provisions of chapter 204,

13 249, or 250, public water supply districts established under

14 the provisions of chapter 247, or municipalities that own

15 water or sewer systems;

16  (2) "Small water utility", a public utility that

17 regularly provides water service or sewer service to eight

18 thousand or fewer customer connections; a water district

19 established under the provisions of chapter 247 that

20 regularly provides water or sewer service to eight thousand

21 or fewer customer connections; a sewer district established

22 under the provisions of chapter 204, 249, or 250 that

23 regularly provides sewer service to eight thousand or fewer

24 customer connections; or a water system or sewer system

25 owned by a municipality that regularly provides water

26 service or sewer service to eight thousand or fewer customer

27 connections; and all other entities that regularly provide

28 water service or sewer service to eight thousand or fewer

29 customer connections.

30  2. The procedures contained in this section may be

31 chosen by a large water public utility, and if so chosen

32 shall be used by the public service commission to establish

33 the ratemaking rate base of a small water utility during an

34 acquisition, provided that the public service commission

35 independently concludes that a certificate of convenience

36 and necessity should be granted pursuant to section

37 393.170. In making such determination, the commission may
    SS#2 SB 4    51

38 take into account rates that may result from such

39 acquisition.

40  3. (1) An appraisal shall be performed by [three] no

41 less than two appraisers. One appraiser shall be appointed

42 by the small water utility, one appraiser shall be appointed

43 by the large water public utility, and the third appraiser

44 [shall] may be appointed by the [two appraisers so

45 appointed] public service commission. Each of the

46 appraisers shall be a disinterested person who is a

47 certified general appraiser under chapter 339.

48  (2) The appraisers shall:

49  (a) Jointly prepare [an] a fair and independent

50 appraisal of the fair market value of the water system

51 and/or sewer system, along with supporting rationale. The

52 determination of fair market value shall be in accordance

53 with Missouri law and with the Uniform Standards of

54 Professional Appraisal Practice; and

55  (b) Return only their final appraisal, in writing and

56 at the same time, to the small water utility and large water

57 public utility in a reasonable and timely manner. However,

58 nothing shall prohibit the appraisers from issuing a

59 corrected report if factual errors are identified subsequent

60 to the issuance of the appraisal.

61  (3) If all three appraisers cannot agree as to the

62 appraised value, the appraisal, when signed by two of the

63 appraisers, constitutes a good and valid appraisal.

64  4. Nothing in this section shall prohibit a party from

65 declining to proceed with an acquisition or be deemed as

66 establishing the final purchase price of an acquisition.

67  5. (1) The lesser of the purchase price or the

68 appraised value, together with the reasonable and prudent

69 transaction, closing, and transition costs incurred by the
    SS#2 SB 4  52

70 large water public utility, shall constitute the ratemaking

71 rate base for the small water utility as acquired by the

72 acquiring large water public utility; provided, however,

73 that if the small water utility is a public utility subject

74 to chapter 386 and the small water utility completed a rate

75 case prior to the acquisition, the public service commission

76 may select as the ratemaking rate base for the small water

77 utility as acquired by the acquiring large water public

78 utility a ratemaking rate base in between:

79  (a) The lesser of the purchase price or the appraised

80 value, together with the reasonable and prudent transaction,

81 closing, and transition costs incurred by the large water

82 public utility unless such transaction, closing, and

83 transition costs are elsewhere recoverable in rates; and

84  (b) The ratemaking rate base of the small water

85 utility as ordered by the public service commission in the

86 small water utility's last previous rate case as adjusted by

87 improvements and depreciation reserve since the previous

88 rate case together with the transaction, closing, and

89 transition costs incurred by the large water public utility

90 unless such transaction, closing, and transition costs are

91 elsewhere recoverable in rates. If the small water utility

92 and large water public utility proceed with the sale, any

93 past-due fees due to the state from the small water utility

94 or its customers under chapter 640 or 644 shall be resolved

95 prior to the transfer of ownership or the liability for such

96 past-due fees becomes the responsibility of the large water

97 public utility. Such fees shall not be included in the

98 large water public utility's rate base.

99  (2) The public service commission shall issue its

100 decision establishing the ratemaking rate base of the small

101 water utility in its order approving the acquisition. For
     SS#2 SB 4  53

102 any acquisition with an appraised value of five million

103 dollars or less, such decision shall be issued within six

104 months from the submission of the application by the large

105 public water utility to acquire the small water utility.

106  (3) Prior to the expiration of the six-month period,

107 the public service commission staff or the office of public

108 counsel may request, upon a showing of good cause, from the

109 public service commission an extension for approval of the

110 application for an additional thirty days.

111  6. Upon the date of the acquisition of a small water

112 utility by a large water public utility, whether or not the

113 procedures for establishing ratemaking rate base provided by

114 this section have been utilized, the small water utility

115 shall, for ratemaking purposes, become part of an existing

116 service area, as defined by the public service commission,

117 of the acquiring large water public utility that is either

118 contiguous to the small water utility, the closest

119 geographically to the small water utility, or best suited

120 due to operational or other factors. This consolidation

121 shall be approved by the public service commission in its

122 order approving the acquisition.

123  7. Any new permit issued pursuant to chapters 640 and

124 644, when a small water utility is acquired by a large water

125 public utility, shall include a plan to resolve all

126 outstanding permit compliance issues. After the transfer of

127 ownership, the acquiring large public water utility shall

128 continue providing service to all customers that were served

129 by the small water utility at the time of sale.

130  8. This section is intended for the specific and

131 unique purpose of determining the ratemaking rate base of

132 small water utilities and shall be exclusively applied to

133 large water public utilities in the acquisition of a small
     SS#2 SB 4                 54

134 water utility. A large water public utility's choice to

135 comply with the provisions of this section does not

136 automatically ensure that the transaction is in the public

137 interest. The public service commission shall independently

138 determine whether the acquisition is in the public interest,

139 regardless of whether the matter has been put to a vote of

140 the small water utility's ratepayers. This section is not

141 intended to apply beyond its specific purpose and shall not

142 be construed in any manner to apply to electric

143 corporations, natural gas corporations, or any other utility

144 regulated by the public service commission.

145  9. The commission shall promulgate rules to implement

146 the provisions of this section. Any rule or portion of a

147 rule, as that term is defined in section 536.010, that is

148 created under the authority delegated in this section shall

149 become effective only if it complies with and is subject to

150 all of the provisions of chapter 536 and, if applicable,

151 section 536.028. This section and chapter 536 are

152 nonseverable and if any of the powers vested with the

153 general assembly pursuant to chapter 536 to review, to delay

154 the effective date, or to disapprove and annul a rule are

155 subsequently held unconstitutional, then the grant of

156 rulemaking authority and any rule proposed or adopted after

157 August 28, 2025, shall be invalid and void.

1    393.401. 1. For purposes of this section, the

2 following terms shall mean:

3    (1) "Dispatchable power resource", a source of

4 electricity that is, under normal operating conditions,

5 available for use on demand and that can have its power

6 output adjusted according to market needs, except during

7 routine maintenance and repair;
    SS#2 SB 4            55

8   (2) "Electrical corporation", the same as defined in

9 section 386.020, but shall not include an electrical

10 corporation as described in subsection 2 of section 393.110;

11  (3) "Existing electric generating power plant", a

12 thermal power plant of over one hundred megawatts in

13 nameplate capacity, a generating unit at a thermal power

14 plant with a nameplate capacity of over one hundred

15 megawatts, or two or more generating units at a thermal

16 power plant with a combined nameplate capacity of over one

17 hundred megawatts;

18  (4) "Regional transmission operator", a regional

19 transmission organization, independent system operator, or

20 equivalent entity approved by the Federal Energy Regulatory

21 Commission, or successor agency, that exercises functional

22 control over electric transmission facilities located within

23 this state;

24  (5) "Reliable electric generation", electric

25 generation meeting the accreditation requirements provided

26 for in this section;

27  (6) "Unexpected or unplanned cause or event", a

28 natural disaster, physical sabotage, equipment failure or

29 damage causing a forced prolonged outage, or an adverse

30 decision of a court or a change in a state or federal law or

31 regulation which causes the closure of an existing electric

32 generating plant.

33  2. Prior to the closure of an existing electric

34 generating power plant in Missouri if the closure occurs on

35 or after January 1, 2026, and subject to subsection 3 of

36 this section, an electrical corporation registered and doing

37 business in this state shall first certify to the public

38 service commission that such utility company has secured and

39 placed on the electric grid an equal or greater amount of
    SS#2 SB 4  56

40 reliable electric generation as accredited power resources

41 based on the regional transmission operator's resource

42 accreditation for the reliable electric generation

43 technology at issue with consideration of the electrical

44 corporation's anticipated loss of load, if any. To

45 determine if an equal or greater amount of reliable electric

46 generation is being placed on the electric grid to replace

47 the existing electric generating power plant that is to be

48 closed, the electrical corporation shall compare the

49 relevant regional transmission operator's average of the

50 summer and winter accredited capacity for the generation

51 technology of the to-be-closed existing electric generating

52 power plant to the relevant regional transmission operator's

53 average of the summer and winter accredited capacity for the

54 generation technology of the replacement reliable electric

55 generation with consideration of the electrical

56 corporation's anticipated loss of load, if any. Such

57 average of the summer and winter accredited capacity for the

58 replacement reliable electric generation shall equal or

59 exceed such average of the summer and winter accredited

60 capacity for the existing electric generating plant that is

61 to be closed with consideration of the electrical

62 corporation's anticipated loss of load, if any.

63 Dispatchable power resources shall comprise at least eighty

64 percent of the average of the summer and winter accredited

65 capacity of the replacement reliable electric generation.

66  3. With respect to the replacement reliable electric

67 generation required by subsection 2 of this section,

68 adequate electric transmission lines shall be in place and

69 the replacement reliable electric generation shall be fully

70 operational concurrently with the closure of the existing

71 electric generating plant, except where some or all of the
    SS#2 SB 4  57

72 replacement reliable electric generation utilizes some or

73 all of the interconnection facilities used by the existing

74 electric generating power plant, or where the existing

75 electric generating power plant is closed as a result of an

76 unexpected or unplanned cause or event. In the event that

77 some or all of the replacement reliable electric generation

78 utilizes some or all of the interconnection facilities

79 utilized by the existing electric generating power plant,

80 then such replacement facilities shall be fully operational

81 within one hundred eighty days of the closure of the

82 existing electric generating power plant. In the event that

83 the existing electric generating power plant is closed as a

84 result of an unexpected or unplanned cause or event, then

85 the following process shall apply:

86  (1) Within one hundred twenty days after the event

87 causing the closure occurs, the electrical corporation shall

88 file an application with the commission outlining its plan

89 to install replacement reliable electric generation. The

90 application shall specify the generation technology the

91 electrical corporation proposes to be used for the

92 replacement, its estimated cost, and shall demonstrate that

93 the replacement reliable electric generation's average

94 accredited capacity is equal to or greater than the average

95 accredited capacity of the closed plant according to the

96 process outlined in subsection 2 of this section. The

97 application under this section shall be submitted to the

98 commission prior to the electrical corporation's filing of

99 an application to the commission under subsection 1 of

100 section 393.170. Within two hundred seventy days of the

101 application's filing, the commission shall either approve or

102 deny the electrical corporation's application.
     SS#2 SB 4  58

103       (2) Promptly after issuance of the commission's order

104 under subdivision (1) of this subsection, the electrical

105 corporation shall proceed and use all reasonable efforts to

106 procure, build, and place into operation the approved

107 alternative reliable generation. During any periods allowed

108 by this subsection where the replacement reliable electric

109 generation is not fully operational by the time of the

110 closure of the existing electric generating power plant, the

111 electrical corporation shall use all reasonable efforts to

112 contract for or otherwise acquire additional available firm

113 generating capacity in a quantity necessary to meet the

114 planning reserve margin requirement of the regional

115 transmission operator in which the electrical corporation

116 operates without reliance on such replacement reliable

117 electric generation. At such time as such replacement

118 reliable electric generation is fully operational, such

119 additional available firm generating capacity shall no

120 longer be required under this section. An electrical

121 corporation shall not enter into a voluntary or negotiated

122 settlement with a third party that requires closure of an

123 existing electric generating plant unless the electrical

124 corporation determines that such a settlement is in the best

125 interest of its customers and would maintain electric

126 reliability. Electrical corporations shall not enter into

127 such a settlement in order to meet pollution reduction or

128 other corporate or societal goals beyond those required by

129 law.

130       4. (1) The average of the summer and winter

131 accredited capacity of the replacement reliable electric

132 generation determined in accordance with subsection 2 of

133 this section shall be equal to or greater than the average

134 summer and winter accredited capacity of the to-be-closed
     SS#2 SB 4   59

135 dispatchable existing electric generating power plant

136 determined in accordance with subsection 2 of this section,

137 using the regional transmission operator's resource

138 accreditation as of the time of the electrical corporation's

139 application to the commission under subsection 1 of section

140 393.170 with consideration of the electrical corporation's

141 anticipated loss of load, if any.

142  (2) The commission may consider information regarding

143 anticipated loss of load submitted by the electrical

144 corporation to the pertinent regional transmission operator

145 for purposes of its long-term resource plans. As part of

146 its approval of the replacement reliable electric generation

147 under subsection 1 of section 393.170, the public service

148 commission shall certify that the requirements of this

149 subsection shall be met by the replacement reliable electric

150 generation.

151  (3) If information is submitted to the commission that

152 the electrical corporation has experienced a significant and

153 long-term loss of load, pursuant to this section, the

154 commission, prior to a review of potential replacement

155 reliable electric generation under subsection 1 of section

156 393.170, shall determine if the acquisition or construction

157 of full replacement generation is in the public interest.

158 If the commission determines that full replacement

159 generation is not in the public interest, the requirements

160 of subsection 2 of this section shall not apply.

161  5. Such reliable electric generation may be

162 constructed in Missouri or in a state that neighbors

163 Missouri, if the generation is connected to the electric

164 grid of the regional transmission operator of which the

165 electrical corporation is a member or is located in a

166 neighboring regional transmission operator which also
     SS#2 SB 4               60

167 operates in Missouri and shares a seam with that member's

168 regional transmission operator.

169  6. On or before the date that the new reliable

170 electric generation is placed in service, the electrical

171 corporation shall provide certification to the public

172 service commission, the general assembly, and the governor

173 that it has met the requirements of this section.

174  7. To the extent existing electric generating power

175 plant capacity is replaced pursuant to this section, such

176 capacity shall not be replaced by "replacement resources"

177 under section 393.1705.

1    393.1030. 1. The commission shall, in consultation

2 with the department, prescribe by rule a portfolio

3 requirement for all electric utilities to generate or

4 purchase electricity generated from renewable energy

5 resources. Such portfolio requirement shall provide that

6 electricity from renewable energy resources shall constitute

7 the following portions of each electric utility's sales:

8    (1) No less than two percent for calendar years 2011

9 through 2013;

10   (2) No less than five percent for calendar years 2014

11 through 2017;

12   (3) No less than ten percent for calendar years 2018

13 through 2020; and

14   (4) No less than fifteen percent in each calendar year

15 beginning in 2021.

16 At least two percent of each portfolio requirement shall be
17 derived from solar energy. The portfolio requirements shall
18 apply to all power sold to Missouri consumers whether such
19 power is self-generated or purchased from another source in
20 or outside of this state. A utility may comply with the
    SS#2 SB 4           61

21 standard in whole or in part by purchasing RECs. Each

22 kilowatt-hour of eligible energy generated in Missouri shall

23 count as 1.25 kilowatt-hours for purposes of compliance.

24  2. (1) This subsection applies to electric utilities

25 with more than two hundred fifty thousand but less than one

26 million retail customers in Missouri as of the end of the

27 calendar year 2024.

28  (2) Energy meeting the criteria of the renewable

29 energy portfolio requirements set forth in subsection 1 of

30 this section that is generated from renewable energy

31 resources and contracted for by an accelerated renewable

32 buyer shall:

33  (a) Have all associated renewable energy certificates

34 retired by the accelerated renewable buyer, or on their

35 behalf, and the certificates shall not be used to meet the

36 electric utility's portfolio requirements pursuant to

37 subsection 1 of this section;

38  (b) Be excluded from the total electric utility's

39 sales used to determine the portfolio requirements pursuant

40 to subsection 1 of this section; and

41  (c) Be used to offset all or a portion of its electric

42 load for purposes of determining compliance with the

43 portfolio requirements pursuant to subsection 1 of this

44 section.

45  (3) The accelerated renewable buyer shall be exempt

46 from any renewable energy standard compliance costs as may

47 be established by the utility and approved by the

48 commission, based on the amount of renewable energy

49 certificates retired pursuant to this subsection in

50 proportion to the accelerated renewable buyer's total

51 electric energy consumption, on an annual basis.
    SS#2 SB 4  62

52  (4) An "accelerated renewable buyer" means a customer

53 of an electric utility, with an aggregate load over eighty

54 average megawatts, that enters into a contract or contracts

55 to obtain:

56  (a) Renewable energy certificates from renewable

57 energy resources as defined in section 393.1025; or

58  (b) Energy and renewable energy certificates from

59 solar or wind generation resources located within the

60 Southwest Power Pool region and initially placed in

61 commercial operation after January 1, 2020, including any

62 contract with the electric utility for such generation

63 resources that does not allocate to or recover from any

64 other customer of the utility the cost of such resources.

65  (5) Each electric utility shall certify, and verify as

66 necessary, to the commission that the accelerated renewable

67 buyer has satisfied the exemption requirements of this

68 subsection for each year, or an accelerated renewable buyer

69 may choose to certify satisfaction of this exemption by

70 reporting to the commission individually.

71  (6) The commission may promulgate such rules and

72 regulations as may be necessary to implement the provisions

73 of this subsection. Any rule or portion of a rule, as that

74 term is defined in section 536.010, that is created under

75 the authority delegated in this section shall become

76 effective only if it complies with and is subject to all of

77 the provisions of chapter 536 and, if applicable, section

78 536.028. This section and chapter 536 are nonseverable and

79 if any of the powers vested with the general assembly

80 pursuant to chapter 536 to review, to delay the effective

81 date, or to disapprove and annul a rule are subsequently

82 held unconstitutional, then the grant of rulemaking
     SS#2 SB 4  63

83 authority and any rule proposed or adopted after August 28,

84 2025, shall be invalid and void.

85   (7) Nothing in this section shall be construed as

86 imposing or authorizing the imposition of any reporting,

87 regulatory, or financial burden on an accelerated renewable

88 buyer.

89   3. The commission, in consultation with the department

90 and within one year of November 4, 2008, shall select a

91 program for tracking and verifying the trading of renewable

92 energy credits. An unused credit may exist for up to three

93 years from the date of its creation. A credit may be used

94 only once to comply with sections 393.1020 to 393.1030 and

95 may not also be used to satisfy any similar nonfederal

96 requirement. An electric utility may not use a credit

97 derived from a green pricing program. Certificates from net-

98 metered sources shall initially be owned by the customer-

99 generator. The commission, except where the department is

100 specified, shall make whatever rules are necessary to

101 enforce the renewable energy standard. Such rules shall

102 include:

103  (1) A maximum average retail rate increase of one

104 percent determined by estimating and comparing the electric

105 utility's cost of compliance with least-cost renewable

106 generation and the cost of continuing to generate or

107 purchase electricity from entirely nonrenewable sources,

108 taking into proper account future environmental regulatory

109 risk including the risk of greenhouse gas regulation.

110 Notwithstanding the foregoing, until June 30, 2020, if the

111 maximum average retail rate increase would be less than or

112 equal to one percent if an electric utility's investment in

113 solar-related projects initiated, owned or operated by the

114 electric utility is ignored for purposes of calculating the
     SS#2 SB 4  64

115 increase, then additional solar rebates shall be paid and

116 included in rates in an amount up to the amount that would

117 produce a retail rate increase equal to the difference

118 between a one percent retail rate increase and the retail

119 rate increase calculated when ignoring an electric utility's

120 investment in solar-related projects initiated, owned, or

121 operated by the electric utility. Notwithstanding any

122 provision to the contrary in this section, even if the

123 payment of additional solar rebates will produce a maximum

124 average retail rate increase of greater than one percent

125 when an electric utility's investment in solar-related

126 projects initiated, owned or operated by the electric

127 utility are included in the calculation, the additional

128 solar rebate costs shall be included in the prudently

129 incurred costs to be recovered as contemplated by

130 subdivision (4) of this subsection;

131  (2) Penalties of at least twice the average market

132 value of renewable energy credits for the compliance period

133 for failure to meet the targets of subsection 1 of this

134 section. An electric utility will be excused if it proves

135 to the commission that failure was due to events beyond its

136 reasonable control that could not have been reasonably

137 mitigated, or that the maximum average retail rate increase

138 has been reached. Penalties shall not be recovered from

139 customers. Amounts forfeited under this section shall be

140 remitted to the department to purchase renewable energy

141 credits needed for compliance. Any excess forfeited

142 revenues shall be used by the division of energy solely for

143 renewable energy and energy efficiency projects;

144  (3) Provisions for an annual report to be filed by

145 each electric utility in a format sufficient to document its

146 progress in meeting the targets;
     SS#2 SB 4     65

147  (4) Provision for recovery outside the context of a

148 regular rate case of prudently incurred costs and the pass-

149 through of benefits to customers of any savings achieved by

150 an electrical corporation in meeting the requirements of

151 this section.

152  [3.] 4. As provided for in this section, except for

153 those electrical corporations that qualify for an exemption

154 under section 393.1050, each electric utility shall make

155 available to its retail customers a solar rebate for new or

156 expanded solar electric systems sited on customers'

157 premises, up to a maximum of twenty-five kilowatts per

158 system, measured in direct current that were confirmed by

159 the electric utility to have become operational in

160 compliance with the provisions of section 386.890. The

161 solar rebates shall be two dollars per watt for systems

162 becoming operational on or before June 30, 2014; one dollar

163 and fifty cents per watt for systems becoming operational

164 between July 1, 2014, and June 30, 2015; one dollar per watt

165 for systems becoming operational between July 1, 2015, and

166 June 30, 2016; fifty cents per watt for systems becoming

167 operational between July 1, 2016, and June 30, 2017; fifty

168 cents per watt for systems becoming operational between July

169 1, 2017, and June 30, 2019; twenty-five cents per watt for

170 systems becoming operational between July 1, 2019, and June

171 30, 2020; and zero cents per watt for systems becoming

172 operational after June 30, 2020. An electric utility may,

173 through its tariffs, require applications for rebates to be

174 submitted up to one hundred eighty-two days prior to the

175 June thirtieth operational date. Nothing in this section

176 shall prevent an electrical corporation from offering

177 rebates after July 1, 2020, through an approved tariff. If

178 the electric utility determines the maximum average retail
SS#2 SB 4  66

179 rate increase provided for in subdivision (1) of subsection
180 [2] 3 of this section will be reached in any calendar year,
181 the electric utility shall be entitled to cease paying
182 rebates to the extent necessary to avoid exceeding the
183 maximum average retail rate increase if the electrical
184 corporation files with the commission to suspend its rebate
185 tariff for the remainder of that calendar year at least
186 sixty days prior to the change taking effect. The filing
187 with the commission to suspend the electrical corporation's
188 rebate tariff shall include the calculation reflecting that
189 the maximum average retail rate increase will be reached and
190 supporting documentation reflecting that the maximum average
191 retail rate increase will be reached. The commission shall
192 rule on the suspension filing within sixty days of the date
193 it is filed. If the commission determines that the maximum
194 average retail rate increase will be reached, the commission
195 shall approve the tariff suspension. The electric utility
196 shall continue to process and pay applicable solar rebates
197 until a final commission ruling; however, if the continued
198 payment causes the electric utility to pay rebates that
199 cause it to exceed the maximum average retail rate increase,
200 the expenditures shall be considered prudently incurred
201 costs as contemplated by subdivision (4) of subsection [2] 3
202 of this section and shall be recoverable as such by the
203 electric utility. As a condition of receiving a rebate,
204 customers shall transfer to the electric utility all right,
205 title, and interest in and to the renewable energy credits
206 associated with the new or expanded solar electric system
207 that qualified the customer for the solar rebate for a
208 period of ten years from the date the electric utility
209 confirmed that the solar electric system was installed and
210 operational.
     SS#2 SB 4  67

211  [4.] 5. The department shall, in consultation with the

212 commission, establish by rule a certification process for

213 electricity generated from renewable resources and used to

214 fulfill the requirements of subsection 1 of this section.

215 Certification criteria for renewable energy generation shall

216 be determined by factors that include fuel type, technology,

217 and the environmental impacts of the generating facility.

218 Renewable energy facilities shall not cause undue adverse

219 air, water, or land use impacts, including impacts

220 associated with the gathering of generation feedstocks. If

221 any amount of fossil fuel is used with renewable energy

222 resources, only the portion of electrical output

223 attributable to renewable energy resources shall be used to

224 fulfill the portfolio requirements.

225  [5.] 6. In carrying out the provisions of this

226 section, the commission and the department shall include

227 methane generated from the anaerobic digestion of farm

228 animal waste and thermal depolymerization or pyrolysis for

229 converting waste material to energy as renewable energy

230 resources for purposes of this section.

231  [6.] 7. The commission shall have the authority to

232 promulgate rules for the implementation of this section, but

233 only to the extent such rules are consistent with, and do

234 not delay the implementation of, the provisions of this

235 section. Any rule or portion of a rule, as that term is

236 defined in section 536.010, that is created under the

237 authority delegated in this section shall become effective

238 only if it complies with and is subject to all of the

239 provisions of chapter 536 and, if applicable, section

240 536.028. This section and chapter 536 are nonseverable and

241 if any of the powers vested with the general assembly

242 pursuant to chapter 536 to review, to delay the effective
    SS#2 SB 4                   68

243 date, or to disapprove and annul a rule are subsequently

244 held unconstitutional, then the grant of rulemaking

245 authority and any rule proposed or adopted after August 28,

246 2013, shall be invalid and void.

1   393.1080. 1. The commission may require an electrical

2 corporation to provide documentation annually, in a format

3 determined by the commission, reflecting its plan to own or

4 have rights to sufficient capacity to meet its capacity

5 obligations for the upcoming planning year and each of the

6 three subsequent planning years. The electrical corporation

7 shall submit such documentation, which shall include its

8 actual capacity position for the upcoming planning year and

9 a reasonable forecast of its capacity position for the three

10 subsequent planning years consistent with resource adequacy

11 requirements of the appropriate regional transmission

12 organization or independent system operator or commission,

13 including by season or other applicable period, within

14 thirty days after the appropriate regional transmission

15 organization or independent system operator or commission,

16 if applicable, makes a final determination as to the

17 electrical corporation's resource adequacy requirements for

18 the upcoming planning year.

19  2. The commission may require any additional audits

20 and reporting as the commission considers necessary to

21 determine if an electrical corporation's plan provides for

22 electrical corporation ownership or contractual rights to

23 sufficient capacity for the planning year beginning four

24 years after the beginning of the current planning year.

25  3. If an electrical corporation fails to have

26 sufficient capacity for the upcoming planning year and it is

27 determined by the commission to be the result of the

28 electrical corporation's imprudence, the commission may
    SS#2 SB 4       69

29 disallow, after a hearing, any associated costs related to

30 said failure in a future proceeding. The commission may

31 require submission of a plan within six months to resolve

32 any expected capacity deficiency for the subsequent three

33 planning years.

34  4. As used in this section, the following terms shall

35 mean:

36  (1) "Appropriate regional transmission organization or

37 independent system operator", the Midcontinent Independent

38 System Operator or any successor organization or the

39 Southwest Power Pool, or any successor organization;

40  (2) "Electrical corporation", the same as defined in

41 section 386.020, but shall not include an electrical

42 corporation as described in subsection 2 of section 393.110;

43  (3) "Sufficient capacity", owned or contracted-for

44 capacity that meets the planning reserve margin or successor

45 metric established by the appropriate regional transmission

46 organization or independent system operator or, in the case

47 of an electrical corporation that is not a participant in a

48 regional transmission organization or independent system

49 operator, that meets the planning reserve margin or

50 successor metric established by the commission.

51  5. The commission may promulgate rules necessary to

52 implement the provisions of this section. Any rule or

53 portion of a rule, as that term is defined in section

54 536.010, that is created under the authority delegated in

55 this section shall become effective only if it complies with

56 and is subject to all of the provisions of chapter 536 and,

57 if applicable, section 536.028. This section and chapter

58 536 are nonseverable and if any of the powers vested with

59 the general assembly pursuant to chapter 536 to review, to

60 delay the effective date, or to disapprove and annul a rule
    SS#2 SB 4                  70

61 are subsequently held unconstitutional, then the grant of

62 rulemaking authority and any rule proposed or adopted after

63 August 28, 2025, shall be invalid and void.

1   393.1400. 1. For purposes of this section, the

2 following terms shall mean:

3   (1) "Commission", the public service commission;

4   (2) "Electrical corporation", the same as defined in

5 section 386.020, but shall not include an electrical

6 corporation as described in subsection 2 of section 393.110;

7   (3) "Qualifying electric plant", all rate-base

8 additions, except rate-base additions for new coal-fired

9 generating units, new nuclear generating units, [new natural

10 gas units,] or rate-base additions that increase revenues by

11 allowing service to new customer premises;

12  (4) "Rate-base cutoff date", the date rate-base

13 additions are accounted for in a general rate proceeding.

14 In the absence of a commission order that specifies the rate-

15 base cutoff date, such date as reflected in any jointly

16 proposed procedural schedule submitted by the parties in the

17 applicable general rate proceeding, or as otherwise agreed

18 to by such parties, shall be used;

19  (5) "Weighted average cost of capital", the return on

20 rate base used to determine the revenue requirement in the

21 electrical corporation's most recently completed general

22 rate proceeding; provided, that in the absence of a

23 commission determination of the return on rate base within

24 the three-year period prior to August 28, [2022] 2024, the

25 weighted average cost of capital shall be determined using

26 the electrical corporation's actual capital structure as of

27 December 31, [2021] 2023, excluding short-term debt, the

28 electrical corporation's actual cost of long-term debt and
    SS#2 SB 4  71

29 preferred stock as of December 31, 2021, and a cost of

30 common equity of nine and one-half percent.

31  2. (1) Notwithstanding any other provision of this

32 chapter to the contrary, electrical corporations shall defer

33 to a regulatory asset eighty-five percent of all

34 depreciation expense and return associated with all

35 qualifying electric plant recorded to plant-in-service on

36 the utility's books commencing on or after August 28, 2018,

37 if the electrical corporation has made the election provided

38 for by subsection 5 of this section by that date, or on the

39 date such election is made if the election is made after

40 August 28, 2018. In each general rate proceeding concluded

41 after August 28, 2018, the balance of the regulatory asset

42 as of the rate-base cutoff date shall, subject only to the

43 cap provided for in section 393.1655 or section 393.1656, as

44 applicable, be included in the electrical corporation's rate

45 base without any offset, reduction, or adjustment based upon

46 consideration of any other factor, other than as provided

47 for in subdivision (2) of this subsection, with the

48 regulatory asset balance arising from deferrals associated

49 with qualifying electric plant placed in service after the

50 rate-base cutoff date to be included in rate base in the

51 next general rate proceeding. The expiration of this

52 section shall not affect the continued inclusion in rate

53 base and amortization of regulatory asset balances that

54 arose under this section prior to such expiration.

55  (2) The regulatory asset balances arising under this

56 section shall be adjusted to reflect any prudence

57 disallowances ordered by the commission. The provisions of

58 this section shall not be construed to affect existing law

59 respecting the burdens of production and persuasion in

60 general rate proceedings for rate-base additions.
    SS#2 SB 4                 72

61  (3) Parts of regulatory asset balances created under

62 this section that are not yet being recovered through rates

63 shall include carrying costs at the electrical corporation's

64 weighted average cost of capital, plus applicable federal,

65 state, and local income or excise taxes. Regulatory asset

66 balances arising under this section and included in rate

67 base shall be recovered in rates through a twenty-year

68 amortization beginning on the date new rates reflecting such

69 amortization take effect.

70  3. (1) Depreciation expense deferred under this

71 section shall account for all qualifying electric plant

72 placed into service less retirements of plant replaced by

73 such qualifying electric plant.

74  (2) Return deferred under this section shall be

75 determined using the weighted average cost of capital

76 applied to the change in plant-related rate base caused by

77 the qualifying electric plant, plus applicable federal,

78 state, and local income or excise taxes. In determining the

79 return deferred, the electrical corporation shall account

80 for changes in all plant-related accumulated deferred income

81 taxes and changes in accumulated depreciation, excluding

82 retirements.

83  4. Beginning February 28, 2019, and by each February

84 twenty-eighth thereafter while the electrical corporation is

85 allowed to make the deferrals provided for by subsection 2

86 of this section, electrical corporations that defer

87 depreciation expense and return authorized under this

88 section shall submit to the commission a five-year capital

89 investment plan setting forth the general categories of

90 capital expenditures the electrical corporation will pursue

91 in furtherance of replacing, modernizing, and securing its

92 infrastructure. The plan shall also include a specific
SS#2 SB 4  73

 93 capital investment plan for the first year of the five-year
 94 plan consistent with the level of specificity used for
 95 annual capital budgeting purposes. For each project in the
 96 specific capital investment plan on which construction
 97 commences on or after January first of the year in which the
 98 plan is submitted, and where the cost of the project is
 99 estimated to exceed twenty million dollars, the electrical
100 corporation shall identify all costs and benefits that can
101 be quantitatively evaluated and shall further identify how
102 those costs and benefits are quantified. For any cost or
103 benefit with respect to such a project that the electrical
104 corporation believes cannot be quantitatively evaluated, the
105 electrical corporation shall state the reasons the cost or
106 benefit cannot be quantitatively evaluated, and how the
107 electrical corporation addresses such costs and benefits
108 when reviewing and deciding to pursue such a project. No
109 such project shall be based solely on costs and benefits
110 that the electrical corporation believes cannot be
111 quantitatively evaluated. Any quantification for such a
112 project that does not produce quantified benefits exceeding
113 the costs shall be accompanied by additional justification
114 in support of the project. For each of the first five years
115 that an electrical corporation is allowed to make the
116 deferrals provided for by subsection 2 of this section, the
117 purchase and installation of smart meters shall constitute
118 no more than six percent of the electrical corporation's
119 total capital expenditures during any given year under the
120 corporation's specific capital investment plan. At least
121 twenty-five percent of the cost of the investments reflected
122 in each year's capital investment plan, which for the
123 purposes of this subsection shall exclude the costs of
124 investments in new generating units and energy storage
     SS#2 SB 4                74

125 systems, shall be comprised of grid modernization projects,

126 including but not limited to:

127  (1) Increased use of digital information and controls

128 technology to improve reliability, security, and efficiency

129 of the electric grid;

130  (2) Dynamic optimization of grid operations and

131 resources, with full cybersecurity;

132  (3) Deployment and integration of distributed

133 resources and generation, including renewable resources;

134  (4) Development and incorporation of demand response,

135 demand-side resources, and energy-efficiency resources;

136  (5) Deployment of smart technologies (real-time,

137 automated, interactive technologies that optimize the

138 physical operation of appliances and consumer devices) for

139 metering, communications, concerning grid operations and

140 status, and distribution automation;

141  (6) Integration of smart appliances and devices;

142  (7) Deployment and integration of advanced electricity

143 storage and peak-shaving technologies, including plug-in

144 electric and hybrid electric vehicles, and thermal storage

145 air conditioning;

146  (8) Provision of timely information and control

147 options to consumer;

148  (9) Development of standards for communication and

149 interoperability of appliances and equipment connected to

150 the electric grid, including the infrastructure serving the

151 grid; and

152  (10) Identification and lowering of unreasonable or

153 unnecessary barriers to adoption of smart grid technologies,

154 practices, and services.
     SS#2 SB 4  75

155 Project specific information need not be included for the

156 five-year period covered by the plan. Within thirty days of

157 the filing of any capital investment plan or annual update

158 to an existing plan, the electrical corporation shall host a

159 public stakeholder meeting to answer questions and receive

160 feedback about the plan. After feedback is received, the

161 electrical corporation shall file a notice with the

162 commission of any modifications to the capital investment

163 plan it has accepted. Changes to the plan, its

164 implementation, or the level of investments made shall not

165 constitute evidence of imprudence of the investments made

166 under such plan. The submission of a capital investment

167 plan under this section shall not affect in any way the

168 commission's authority with respect to the grant or denial

169 of a certificate of convenience and necessity under section

170 393.170. By February twenty-eighth following each year in

171 which the electrical corporation submits a capital

172 investment plan, the electrical corporation shall submit a

173 report to the commission detailing actual capital

174 investments made the previous year, the quantitatively

175 evaluated benefits and costs generated by each of those

176 investments that exceeded twenty million dollars, and any

177 efficiencies achieved as a result of those investments.

178  5. This section shall only apply to any electrical

179 corporation that has filed a notice with the commission of

180 the electrical corporation's election to make the deferrals

181 for which this section provides. An electrical corporation

182 may provide notice to the commission one time under this

183 subsection if such corporation has applied to the commission

184 under subsection 2 of section 386.266, provided the

185 corporation shall not concurrently utilize deferrals under

186 this subsection and the electric rate adjustments set forth
     SS#2 SB 4  76

187 in subsection 3 of section 386.266. An electrical

188 corporation's election shall allow it to make the deferrals

189 provided for by subsection 2 of this section until December

190 31, [2028] 2035. Notwithstanding the immediately preceding

191 sentence, an electrical corporation may seek permission to

192 continue to make the deferrals provided for by subsection 2

193 of this section for an additional five years beyond December

194 31, [2028] 2035, by filing an application with the

195 commission seeking such permission by December 31, [2026]

196 2033, which application shall be ruled upon by the

197 commission within one hundred eighty days after its filing.

198 In deciding whether to grant such permission to continue the

199 commission shall have the authority, consistent with its

200 statutory authority outside this section, to consider such

201 factors as in its judgment it deems necessary and may

202 condition the permission on factors that are relevant to the

203 deferrals authorized by subsection 2 of this section. The

204 commission shall make the determination of whether to grant

205 such permission to continue after a hearing. An electrical

206 corporation making deferrals provided for by subsection 2 of

207 this section on and after January 1, 2024, shall be subject

208 to the revenue requirement impact cap set forth under

209 section 393.1656. Failure to obtain such commission

210 permission to continue shall not affect deferrals made

211 through the date for which permission has been granted, or

212 the regulatory and ratemaking treatment of the regulatory

213 assets arising from such deferrals as provided for by this

214 section.

215  6. The commission may take into account any change in

216 business risk to the corporation resulting from

217 implementation of the deferrals in setting the corporation's

218 allowed return in any rate proceeding, in addition to any
     SS#2 SB 4    77

219 other changes in business risk experienced by the

220 corporation.

221  7. This section shall expire on December 31, [2033]

222 2040, except that the amortization of the regulatory asset

223 balances arising under this section shall continue to be

224 reflected in the electrical corporation's rates and

225 remaining regulatory asset balances shall be included in the

226 electrical corporation's rate base consistent with the

227 ratemaking treatment and amortization previously approved by

228 the commission pursuant to this section.

1    393.1506. 1. Notwithstanding any provisions of

2 chapter 386 and this chapter to the contrary, a water or

3 sewer corporation that provides water [or sewer] service to

4 more than eight thousand customer connections, sewer service

5 to more than eight thousand customer connections, or a

6 combination of either to more than eight thousand customer

7 connections may file a petition and proposed rate schedules

8 with the commission to establish or change a WSIRA that will

9 provide for the recovery of the appropriate pretax revenues

10 associated with the eligible infrastructure system projects,

11 less the appropriate pretax revenues associated with any

12 retired utility plant that is being replaced by the eligible

13 infrastructure system projects. The WSIRA shall not produce

14 revenues in excess of fifteen percent of the water or sewer

15 corporation's base revenue requirement approved by the

16 commission in the water or sewer corporation's most recent

17 general rate proceeding; provided, however, that neither

18 WSIRA revenues attributable to replacement of customer-owned

19 lead service lines, nor any reconciliation amounts described

20 in subdivision (2) of subsection 5 of section 393.1509,

21 shall count toward the program cap. The WSIRA and any

22 future changes thereto shall be calculated and implemented
    SS#2 SB 4        78

23 in accordance with the provisions of sections 393.1503 to

24 393.1509. WSIRA revenues shall be subject to refund based

25 upon a finding and order of the commission, to the extent

26 provided in subsections 5 and 8 of section 393.1509.

27  2. The commission shall not approve a WSIRA for a

28 water or sewer corporation that has not had a general rate

29 proceeding decided or dismissed by issuance of a commission

30 order within the past three years of the filing of a

31 petition pursuant to this section unless the water or sewer

32 corporation has filed for or is the subject of a new general

33 rate proceeding.

34  3. In no event shall a water or sewer corporation

35 collect a WSIRA for a period exceeding three years unless

36 the water or sewer corporation has filed for or is the

37 subject of a pending general rate proceeding; provided that

38 the WSIRA may be collected until the effective date of new

39 rate schedules established as a result of the new general

40 rate proceeding or until the subject general rate proceeding

41 is otherwise decided or dismissed by issuance of a

42 commission order without new rates being established.

43  4. Except as provided in this subsection, in no event

44 shall a water or sewer corporation collect a WSIRA if also

45 collecting revenues from a commission approved

46 infrastructure system replacement surcharge as provided in

47 sections 393.1000 to 393.1006. In no event shall a customer

48 be charged both an infrastructure system replacement

49 surcharge as provided in sections 393.1000 to 393.1006 and a

50 WSIRA. In the event a water or sewer corporation is

51 collecting infrastructure system replacement surcharge

52 revenues under sections 393.1000 to 393.1006, that was

53 approved prior to August 28, 2021, when the initial WSIRA is
    SS#2 SB 4  79

54 filed, the approved infrastructure system replacement

55 surcharge revenues shall be included in the new WSIRA filing.

1   393.1645. 1. Subject to the limitations provided for

2 in subsection 2 of this section, and upon proper application

3 by an eligible customer prior to public announcement of a

4 growth project, a new or existing account meeting the

5 criteria in this subsection shall qualify for one of the

6 discounts set forth in subdivision (1) or (2) of this

7 subsection:

8   (1) When the customer is a new customer and the new

9 load is reasonably projected to be at least two hundred

10 seventy thousand CCF annually, the discount shall equal up

11 to twenty-five percent subject to the limiting provisions of

12 this section and shall apply for four years; or

13  (2) When the customer is an existing customer and the

14 new load is reasonably projected to be at least one hundred

15 thirty-five thousand CCF annually, the discount shall equal

16 twenty-five percent subject to the limiting provisions of

17 this section and shall apply for four years.

18 To obtain one of the discounts set forth in subdivision (1)
19 or (2) of this subsection, the customer's load shall be
20 incremental, net of any offsetting load reductions due to
21 the termination of other accounts of the customer or an
22 affiliate of the customer within twelve months prior to the
23 commencement of service to the new load, the customer shall
24 receive an economic development incentive from the local,
25 regional, state, or federal government, or from an agency or
26 program of any such government, in conjunction with the
27 incremental load, and the customer shall meet the criteria
28 set forth in the gas corporation's economic development
29 rider tariff sheet, as approved by the commission, that are
SS#2 SB 4  80

30 not inconsistent with the provisions of this subsection.
31 Unless otherwise provided for by the gas corporation's
32 tariff, the applicable discount shall be a percentage
33 applied to all variable base-rate components of the bill.
34 The discount shall be applied to such incremental load from
35 the date when the meter has been permanently set until the
36 date that such incremental load no longer meets the criteria
37 required to qualify for the discount as determined under the
38 provisions of subsection 2 of this section, or a maximum of
39 four years. The gas corporation may include in its tariff
40 additional or alternative terms and conditions to a
41 customer's utilization of the discount, subject to approval
42 of such terms and conditions by the commission. The
43 customer, on forms supplied by the gas corporation, shall
44 apply for the applicable discount provided for by this
45 subsection at least ninety days prior to the date the
46 customer requests that the incremental usage receive one of
47 the discounts provided for by this subsection and shall
48 enter into a written agreement with the gas corporation
49 reflecting the discount percentages and other pertinent
50 details prior to which no discount will be available. If
51 the incremental usage is not separately metered, the gas
52 corporation's determination of the incremental usage shall
53 control. The gas corporation shall verify the customer's
54 consumption annually to determine continued qualification
55 for the applicable discount. Notwithstanding the foregoing
56 provisions of this subsection, the cents-per-CCF realization
57 resulting from application of any discounted rates as
58 calculated shall be higher than the gas corporation's
59 variable cost to serve such incremental usage and the
60 applicable discounted rate also shall make a positive
61 contribution to fixed costs associated with service to such
    SS#2 SB 4  81

62 incremental usage. If in a subsequent general rate

63 proceeding the commission determines that application of a

64 discounted rate is not adequate to cover the gas

65 corporation's variable cost to serve the accounts in

66 question and provide a positive contribution to fixed costs,

67 then the commission shall reduce the discount for those

68 accounts prospectively to the extent necessary to do so.

69  2. In each general rate proceeding concluded after

70 August 28, 2025, the difference in revenues generated by

71 applying the discounted rates provided for by this section

72 and the revenues that would have been generated without such

73 discounts shall not be imputed into the gas corporation's

74 revenue requirement, but instead such revenue requirement

75 shall be set using the revenues generated by such discounted

76 rates, and the impact of the discounts provided for by this

77 section shall be allocated to all the gas corporation's

78 customer classes, including the classes with customers that

79 qualify for discounts under this section, through the

80 application of a uniform percentage adjustment to the

81 revenue requirement responsibility of all customer classes.

82 To qualify for the discounted rates provided for in this

83 section, customers shall meet the applicable criteria within

84 twenty-four months of initially receiving discounts based on

85 metering data for calendar months thirteen through twenty-

86 four and annually thereafter. If such data indicates that

87 the customer did not meet the applicable criteria for any

88 subsequent twelve-month period, it shall thereafter no

89 longer qualify for a discounted rate. Customer usage

90 existing at the time the customer makes an application for

91 discounted rates under this section shall not constitute

92 incremental usage. The discounted rates provided for by

93 this section apply only to variable base-rate components,
     SS#2 SB 4       82

94 with charges or credits arising from any rate adjustment

95 mechanism authorized by law to be applied to customers

96 qualifying for discounted rates under this section in the

97 same manner as such rate adjustments would apply in absence

98 of this section.

99   3. For purposes of this section, the following terms

100 shall mean:

101  (1) "Gas corporation", the same as defined in section

102 386.020;

103  (2) "Variable base-rate components", the rate charged

104 for gas service based on the volume of gas used excluding

105 any additional riders or surcharges.

1    393.1656. 1. This section applies beginning January

2 1, 2024, to an electrical corporation that has elected to

3 exercise any option under section 393.1400 and shall

4 continue to apply to such electrical corporation until such

5 electrical corporation's permission to make the deferrals

6 authorized by subsection 2 of section 393.1400 expires.

7    2. That part of the electrical corporation's retail

8 revenue requirement used to set the electrical corporation's

9 base rates in each of the electrical corporation's general

10 rate proceedings that are concluded on or after August 31,

11 2023, that consists of revenue requirement arising from

12 inclusion in rate base of the section 393.1400 regulatory

13 asset balance shall not exceed the revenue requirement

14 impact cap. If inclusion in rate base of the full balance

15 of the subject section 393.1400 regulatory asset would cause

16 the electrical corporation to exceed the revenue requirement

17 impact cap, that part of the balance necessary to prevent

18 inclusion of the full balance from causing an exceedance of

19 the revenue requirement impact cap shall not be included in
    SS#2 SB 4   83

20 rate base and the section 393.1400 regulatory asset balance

21 shall be reduced accordingly as a penalty.

22  3. For purposes of this section, the following terms

23 shall mean:

24  (1) "Commission", the public service commission;

25  (2) "Electrical corporation", the same as defined in

26 section 386.020, but shall not include an electrical

27 corporation as described in subsection 2 of section 393.110;

28  (3) "Rate-base cutoff date", the date rate-base

29 additions are accounted for in a general rate proceeding.

30 In the absence of a commission order that specifies the rate-

31 base cutoff date, such date as reflected in any jointly

32 proposed procedural schedule submitted by the parties in the

33 applicable general rate proceeding, or as otherwise agreed

34 to by such parties, shall be used;

35  (4) "Revenue requirement impact cap", the product of

36 (i) one-twelfth of two and [one-half] one-quarter percent,

37 multiplied by (ii) the number of months that have elapsed

38 from the effective date of new base rates in the electrical

39 corporation's most recently completed general rate

40 proceeding to the effective date of new base rates in the

41 general rate proceeding in which the cap is being applied,

42 with that product to be multiplied by the retail revenue

43 requirement used to set base rates in the electrical

44 corporation's most recently completed general rate

45 proceeding concluded prior to the general rate proceeding in

46 which the cap is being applied;

47  (5) "Subject section 393.1400 regulatory asset",

48 deferrals under section 393.1400 from the rate-base cutoff

49 date in the electrical corporation's prior general rate

50 proceeding to the rate-base cutoff date in the current
    SS#2 SB 4  84

51 general rate proceeding in which the cap reflected in

52 subsection 2 of this section is being applied.

1   393.1680. 1. Notwithstanding any other provision of

2 law to the contrary, the commission may approve a special

3 alternative residential customer rate or bill discount from

4 a utility company, as defined in section 393.550, based in

5 part on household utility burden. The rate or bill discount

6 approved shall incorporate a commission-authorized rate or

7 bill discount from the appropriate base residential rate.

8 For purposes of this subsection, "utility burden" means the

9 percentage of income paid by a customer to a utility company

10 for the cost of electricity, natural gas, or water service.

11 Any eligibility verification needed to implement the new

12 alternative rate shall be done by an independent third party

13 or parties selected by a process established by the

14 commission that includes input from the utility company and

15 the office of the public counsel.

16  2. The commission shall promulgate rules to implement

17 the provisions of this section. Any rule or portion of a

18 rule, as that term is defined in section 536.010, that is

19 created under the authority delegated in this section shall

20 become effective only if it complies with and is subject to

21 all of the provisions of chapter 536 and, if applicable,

22 section 536.028. This section and chapter 536 are

23 nonseverable and if any of the powers vested with the

24 general assembly pursuant to chapter 536 to review, to delay

25 the effective date, or to disapprove and annul a rule are

26 subsequently held unconstitutional, then the grant of

27 rulemaking authority and any rule proposed or adopted after

28 August 28, 2025, shall be invalid and void.

1   393.1700. 1. For purposes of sections 393.1700 to

2 393.1715, the following terms shall mean:
    SS#2 SB 4            85

3   (1) "Ancillary agreement", a bond, insurance policy,

4 letter of credit, reserve account, surety bond, interest

5 rate lock or swap arrangement, hedging arrangement,

6 liquidity or credit support arrangement, or other financial

7 arrangement entered into in connection with securitized

8 utility tariff bonds;

9   (2) "Assignee", a legally recognized entity to which

10 an electrical corporation assigns, sells, or transfers,

11 other than as security, all or a portion of its interest in

12 or right to securitized utility tariff property. The term

13 includes a corporation, limited liability company, general

14 partnership or limited partnership, public authority, trust,

15 financing entity, or any entity to which an assignee

16 assigns, sells, or transfers, other than as security, its

17 interest in or right to securitized utility tariff property;

18  (3) "Bondholder", a person who holds a securitized

19 utility tariff bond;

20  (4) "Code", the uniform commercial code, chapter 400;

21  (5) "Commission", the Missouri public service

22 commission;

23  (6) "Electrical corporation", the same as defined in

24 section 386.020, but shall not include an electrical

25 corporation as described in subsection 2 of section 393.110;

26  (7) "Energy transition costs" include all of the

27 following:

28  (a) Pretax costs with respect to a retired or

29 abandoned or to be retired or abandoned electric generating

30 facility that is the subject of a petition for a financing

31 order filed under this section where such early retirement

32 or abandonment is deemed reasonable and prudent by the

33 commission through a final order issued by the commission,

34 include, but are not limited to, the undepreciated
    SS#2 SB 4        86

35 investment in the retired or abandoned or to be retired or

36 abandoned electric generating facility and any facilities

37 ancillary thereto or used in conjunction therewith, costs of

38 decommissioning and restoring the site of the electric

39 generating facility, other applicable capital and operating

40 costs, accrued carrying charges, and deferred expenses, with

41 the foregoing to be reduced by applicable tax benefits of

42 accumulated and excess deferred income taxes, insurance,

43 scrap and salvage proceeds, and may include the cost of

44 retiring any existing indebtedness, fees, costs, and

45 expenses to modify existing debt agreements or for waivers

46 or consents related to existing debt agreements;

47  (b) Pretax costs that an electrical corporation has

48 previously incurred related to the retirement or abandonment

49 of such an electric generating facility occurring before

50 August 28, 2021;

51  (8) "Financing costs" includes all of the following:

52  (a) Interest and acquisition, defeasance, or

53 redemption premiums payable on securitized utility tariff

54 bonds;

55  (b) Any payment required under an ancillary agreement

56 and any amount required to fund or replenish a reserve

57 account or other accounts established under the terms of any

58 indenture, ancillary agreement, or other financing documents

59 pertaining to securitized utility tariff bonds;

60  (c) Any other cost related to issuing, supporting,

61 repaying, refunding, and servicing securitized utility

62 tariff bonds, including servicing fees, accounting and

63 auditing fees, trustee fees, legal fees, consulting fees,

64 structuring adviser fees, administrative fees, placement and

65 underwriting fees, independent director and manager fees,

66 capitalized interest, rating agency fees, stock exchange
    SS#2 SB 4                87

67 listing and compliance fees, security registration fees,

68 filing fees, information technology programming costs, and

69 any other costs necessary to otherwise ensure the timely

70 payment of securitized utility tariff bonds or other amounts

71 or charges payable in connection with the bonds, including

72 costs related to obtaining the financing order;

73  (d) Any taxes and license fees or other fees imposed

74 on the revenues generated from the collection of the

75 securitized utility tariff charge or otherwise resulting

76 from the collection of securitized utility tariff charges,

77 in any such case whether paid, payable, or accrued;

78  (e) Any state and local taxes, franchise, gross

79 receipts, and other taxes or similar charges, including

80 commission assessment fees, whether paid, payable, or

81 accrued;

82  (f) Any costs associated with performance of the

83 commission's responsibilities under this section in

84 connection with approving, approving subject to conditions,

85 or rejecting a petition for a financing order, and in

86 performing its duties in connection with the issuance advice

87 letter process, including costs to retain counsel, one or

88 more financial advisors, or other consultants as deemed

89 appropriate by the commission and paid pursuant to this

90 section;

91  (9) "Financing order", an order from the commission

92 that authorizes the issuance of securitized utility tariff

93 bonds; the imposition, collection, and periodic adjustments

94 of a securitized utility tariff charge; the creation of

95 securitized utility tariff property; and the sale,

96 assignment, or transfer of securitized utility tariff

97 property to an assignee;
     SS#2 SB 4              88

98   (10) "Financing party", bondholders and trustees,

99 collateral agents, any party under an ancillary agreement,

100 or any other person acting for the benefit of bondholders;

101  (11) "Financing statement", the same as defined in

102 article 9 of the code;

103  (12) "Pledgee", a financing party to which an

104 electrical corporation or its successors or assignees

105 mortgages, negotiates, pledges, or creates a security

106 interest or lien on all or any portion of its interest in or

107 right to securitized utility tariff property;

108  (13) "Qualified extraordinary costs", costs incurred

109 prudently before, on, or after August 28, 2021, of an

110 extraordinary nature which would cause extreme customer rate

111 impacts if reflected in retail customer rates recovered

112 through customary ratemaking, such as but not limited to

113 those related to purchases of fuel or power, inclusive of

114 carrying charges, during anomalous weather events;

115  (14) "Rate base cutoff date", the same as defined in

116 subdivision (4) of subsection 1 of section 393.1400 as such

117 term existed on August 28, 2021;

118  (15) "Securitized utility tariff bonds", bonds,

119 debentures, notes, certificates of participation,

120 certificates of beneficial interest, certificates of

121 ownership, or other evidences of indebtedness or ownership

122 that are issued by an electrical corporation or an assignee

123 pursuant to a financing order, the proceeds of which are

124 used directly or indirectly to recover, finance, or

125 refinance commission-approved securitized utility tariff

126 costs and financing costs, and that are secured by or

127 payable from securitized utility tariff property. If

128 certificates of participation or ownership are issued,

129 references in this section to principal, interest, or
     SS#2 SB 4                 89

130 premium shall be construed to refer to comparable amounts

131 under those certificates;

132  (16) "Securitized utility tariff charge", the amounts

133 authorized by the commission to repay, finance, or refinance

134 securitized utility tariff costs and financing costs and

135 that are, except as otherwise provided for in this section,

136 nonbypassable charges imposed on and part of all retail

137 customer bills, collected by an electrical corporation or

138 its successors or assignees, or a collection agent, in full,

139 separate and apart from the electrical corporation's base

140 rates, and paid by all existing or future retail customers

141 receiving electrical service from the electrical corporation

142 or its successors or assignees under commission-approved

143 rate schedules, except for customers receiving electrical

144 service under special contracts as of August 28, 2021, even

145 if a retail customer elects to purchase electricity from an

146 alternative electricity supplier following a fundamental

147 change in regulation of public utilities in this state. Any

148 customer receiving electrical service under a commission-

149 approved market-based tariff with a load of at least eighty

150 megawatts, where the servicing electrical corporation has a

151 commission-approved market-based tariff as of the end of

152 calendar year 2022, is exempt from any securitized utility

153 tariff charges if the charge was approved by the commission

154 prior to customer energization and from any future

155 securitized utility tariff charges related to qualified

156 extraordinary costs, concerning energy, if the customer

157 directly incurred costs for its own energy through the

158 commission-approved market-based tariff. No such exemption

159 shall apply for electrical service that is not received by

160 the customer under a commission-approved market-based tariff;
     SS#2 SB 4    90

161  (17) "Securitized utility tariff costs", either energy

162 transition costs or qualified extraordinary costs as the

163 case may be;

164  (18) "Securitized utility tariff property", all of the

165 following:

166  (a) All rights and interests of an electrical

167 corporation or successor or assignee of the electrical

168 corporation under a financing order, including the right to

169 impose, bill, charge, collect, and receive securitized

170 utility tariff charges authorized under the financing order

171 and to obtain periodic adjustments to such charges as

172 provided in the financing order;

173  (b) All revenues, collections, claims, rights to

174 payments, payments, money, or proceeds arising from the

175 rights and interests specified in the financing order,

176 regardless of whether such revenues, collections, claims,

177 rights to payment, payments, money, or proceeds are imposed,

178 billed, received, collected, or maintained together with or

179 commingled with other revenues, collections, rights to

180 payment, payments, money, or proceeds;

181  (19) "Special contract", electrical service provided

182 under the terms of a special incremental load rate schedule

183 at a fixed price rate approved by the commission.

184  2. (1) An electrical corporation may petition the

185 commission for a financing order to finance energy

186 transition costs through an issuance of securitized utility

187 tariff bonds. The petition shall include all of the

188 following:

189  (a) A description of the electric generating facility

190 or facilities that the electrical corporation has retired or

191 abandoned, or proposes to retire or abandon, prior to the

192 date that all undepreciated investment relating thereto has
     SS#2 SB 4       91

193 been recovered through rates and the reasons for undertaking

194 such early retirement or abandonment, or if the electrical

195 corporation is subject to a separate commission order or

196 proceeding relating to such retirement or abandonment as

197 contemplated by subdivision (2) of this subsection, and a

198 description of the order or other proceeding;

199  (b) The energy transition costs;

200  (c) An indicator of whether the electrical corporation

201 proposes to finance all or a portion of the energy

202 transition costs using securitized utility tariff bonds. If

203 the electrical corporation proposes to finance a portion of

204 the costs, the electrical corporation shall identify the

205 specific portion in the petition. By electing not to

206 finance all or any portion of such energy transition costs

207 using securitized utility tariff bonds, an electrical

208 corporation shall not be deemed to waive its right to

209 recover such costs pursuant to a separate proceeding with

210 the commission;

211  (d) An estimate of the financing costs related to the

212 securitized utility tariff bonds;

213  (e) An estimate of the securitized utility tariff

214 charges necessary to recover the securitized utility tariff

215 costs and financing costs and the period for recovery of

216 such costs;

217  (f) A comparison between the net present value of the

218 costs to customers that are estimated to result from the

219 issuance of securitized utility tariff bonds and the costs

220 that would result from the application of the traditional

221 method of financing and recovering the undepreciated

222 investment of facilities that may become securitized utility

223 tariff costs from customers. The comparison should

224 demonstrate that the issuance of securitized utility tariff
     SS#2 SB 4      92

225 bonds and the imposition of securitized utility tariff

226 charges are expected to provide quantifiable net present

227 value benefits to customers;

228  (g) A proposed future ratemaking process to reconcile

229 any differences between securitized utility tariff costs

230 financed by securitized utility tariff bonds and the final

231 securitized costs incurred by the electrical corporation or

232 assignee provided that any such reconciliation shall not

233 affect the amount of securitized utility tariff bonds or the

234 associated securitized utility tariff charges paid by

235 customers; and

236  (h) Direct testimony supporting the petition.

237  (2) An electrical corporation may petition the

238 commission for a financing order to finance qualified

239 extraordinary costs. The petition shall include all of the

240 following:

241  (a) A description of the qualified extraordinary

242 costs, including their magnitude, the reasons those costs

243 were incurred by the electrical corporation and the retail

244 customer rate impact that would result from customary

245 ratemaking treatment of such costs;

246  (b) An indicator of whether the electrical corporation

247 proposes to finance all or a portion of the qualified

248 extraordinary costs using securitized utility tariff bonds.

249 If the electrical corporation proposes to finance a portion

250 of the costs, the electrical corporation shall identify the

251 specific portion in the petition. By electing not to

252 finance all or any portion of such qualified extraordinary

253 costs using securitized utility tariff bonds, an electrical

254 corporation shall not be deemed to waive its right to

255 reflect such costs in its retail rates pursuant to a

256 separate proceeding with the commission;
     SS#2 SB 4      93

257  (c) An estimate of the financing costs related to the

258 securitized utility tariff bonds;

259  (d) An estimate of the securitized utility tariff

260 charges necessary to recover the qualified extraordinary

261 costs and financing costs and the period for recovery of

262 such costs;

263  (e) A comparison between the net present value of the

264 costs to customers that are estimated to result from the

265 issuance of securitized utility tariff bonds and the costs

266 that would result from the application of the customary

267 method of financing and reflecting the qualified

268 extraordinary costs in retail customer rates. The

269 comparison should demonstrate that the issuance of

270 securitized utility tariff bonds and the imposition of

271 securitized utility tariff charges are expected to provide

272 quantifiable net present value benefits to retail customers;

273  (f) A proposed future ratemaking process to reconcile

274 any differences between securitized utility tariff costs

275 financed by securitized utility tariff bonds and the final

276 securitized costs incurred by the electrical corporation or

277 assignee provided that any such reconciliation shall not

278 affect the amount of securitized utility tariff bonds or the

279 associated securitized utility tariff charges paid by

280 customers; and

281  (g) Direct testimony supporting the petition.

282  (3) (a) Proceedings on a petition submitted pursuant

283 to this subsection begin with the petition by an electrical

284 corporation and shall be disposed of in accordance with the

285 requirements of this section and the rules of the

286 commission, except as follows:

287  a. The commission shall establish a procedural

288 schedule that permits a commission decision no later than
     SS#2 SB 4  94

289 two hundred fifteen days after the date the petition is

290 filed;

291  b. No later than two hundred fifteen days after the

292 date the petition is filed, the commission shall issue a

293 financing order approving the petition, an order approving

294 the petition subject to conditions, or an order rejecting

295 the petition; provided, however, that the electrical

296 corporation shall provide notice of intent to file a

297 petition for a financing order to the commission no less

298 than sixty days in advance of such filing;

299  c. Judicial review of a financing order may be had

300 only in accordance with sections 386.500 and 386.510.

301  (b) In performing its responsibilities under this

302 section in approving, approving subject to conditions, or

303 rejecting a petition for a financing order, the commission

304 may retain counsel, one or more financial advisors, or other

305 consultants as it deems appropriate. Such outside counsel,

306 advisor or advisors, or consultants shall owe a duty of

307 loyalty solely to the commission and shall have no interest

308 in the proposed securitized utility tariff bonds. The costs

309 associated with any such engagements shall be paid by the

310 petitioning corporation and shall be included as financed

311 costs in the securitized utility tariff charge and shall not

312 be an obligation of the state and shall be assigned solely

313 to the subject transaction. The commission may directly

314 contract counsel, financial advisors, or other consultants

315 as necessary for effectuating the purposes of this section.

316 Such contracting procedures shall not be subject to the

317 provisions of chapter 34, however the commission shall

318 establish a policy for the bid process. Such policy shall

319 be publicly available and any information related to
     SS#2 SB 4               95

320 contracts under the established policy shall be included in

321 publicly available rate case documentation.

322  (c) A financing order issued by the commission, after

323 a hearing, to an electrical corporation shall include all of

324 the following elements:

325  a. The amount of securitized utility tariff costs to

326 be financed using securitized utility tariff bonds and a

327 finding that recovery of such costs is just and reasonable

328 and in the public interest. The commission shall describe

329 and estimate the amount of financing costs that may be

330 recovered through securitized utility tariff charges and

331 specify the period over which securitized utility tariff

332 costs and financing costs may be recovered;

333  b. A finding that the proposed issuance of securitized

334 utility tariff bonds and the imposition and collection of a

335 securitized utility tariff charge are just and reasonable

336 and in the public interest and are expected to provide

337 quantifiable net present value benefits to customers as

338 compared to recovery of the components of securitized

339 utility tariff costs that would have been incurred absent

340 the issuance of securitized utility tariff bonds.

341 Notwithstanding any provisions of this section to the

342 contrary, in considering whether to find the proposed

343 issuance of securitized utility tariff bonds and the

344 imposition and collection of a securitized utility tariff

345 charge are just and reasonable and in the public interest,

346 the commission may consider previous instances where it has

347 issued financing orders to the petitioning electrical

348 corporation and such electrical corporation has previously

349 issued securitized utility tariff bonds;

350  c. A finding that the proposed structuring and pricing

351 of the securitized utility tariff bonds are reasonably
     SS#2 SB 4            96

352 expected to result in the lowest securitized utility tariff

353 charges consistent with market conditions at the time the

354 securitized utility tariff bonds are priced and the terms of

355 the financing order;

356  d. A requirement that, for so long as the securitized

357 utility tariff bonds are outstanding and until all financing

358 costs have been paid in full, the imposition and collection

359 of securitized utility tariff charges authorized under a

360 financing order shall be nonbypassable and paid by all

361 existing and future retail customers receiving electrical

362 service from the electrical corporation or its successors or

363 assignees under commission-approved rate schedules except

364 for customers receiving electrical service under special

365 contracts on August 28, 2021, even if a retail customer

366 elects to purchase electricity from an alternative electric

367 supplier following a fundamental change in regulation of

368 public utilities in this state. Any customer receiving

369 electrical service under a commission-approved market-based

370 tariff with a load of at least eighty megawatts, where the

371 servicing electrical corporation has a commission-approved

372 market-based tariff as of the end of calendar year 2022, is

373 exempt from any securitized utility tariff charges if the

374 charge was approved by the commission prior to customer

375 energization and from any future securitized utility tariff

376 charges related to qualified extraordinary costs, concerning

377 energy, if the customer directly incurred costs for its own

378 energy through the commission-approved market-based tariff.

379 No such exemption shall apply for electrical service that is

380 not received by the customer under a commission-approved

381 market-based tariff;

382  e. A formula-based true-up mechanism for making, at

383 least annually, expeditious periodic adjustments in the
     SS#2 SB 4        97

384 securitized utility tariff charges that customers are

385 required to pay pursuant to the financing order and for

386 making any adjustments that are necessary to correct for any

387 overcollection or undercollection of the charges or to

388 otherwise ensure the timely payment of securitized utility

389 tariff bonds and financing costs and other required amounts

390 and charges payable under the securitized utility tariff

391 bonds;

392  f. The securitized utility tariff property that is, or

393 shall be, created in favor of an electrical corporation or

394 its successors or assignees and that shall be used to pay or

395 secure securitized utility tariff bonds and approved

396 financing costs;

397  g. The degree of flexibility to be afforded to the

398 electrical corporation in establishing the terms and

399 conditions of the securitized utility tariff bonds,

400 including, but not limited to, repayment schedules, expected

401 interest rates, and other financing costs;

402  h. How securitized utility tariff charges will be

403 allocated among retail customer classes. The initial

404 allocation shall remain in effect until the electrical

405 corporation completes a general rate proceeding, and once

406 the commission's order from that general rate proceeding

407 becomes final, all subsequent applications of an adjustment

408 mechanism regarding securitized utility tariff charges shall

409 incorporate changes in the allocation of costs to customers

410 as detailed in the commission's order from the electrical

411 corporation's most recent general rate proceeding;

412  i. A requirement that, after the final terms of an

413 issuance of securitized utility tariff bonds have been

414 established and before the issuance of securitized utility

415 tariff bonds, the electrical corporation determines the
     SS#2 SB 4                  98

416 resulting initial securitized utility tariff charge in

417 accordance with the financing order, and that such initial

418 securitized utility tariff charge be final and effective

419 upon the issuance of such securitized utility tariff bonds

420 with such charge to be reflected on a compliance tariff

421 sheet bearing such charge;

422  j. A method of tracing funds collected as securitized

423 utility tariff charges, or other proceeds of securitized

424 utility tariff property, determining that such method shall

425 be deemed the method of tracing such funds and determining

426 the identifiable cash proceeds of any securitized utility

427 tariff property subject to a financing order under

428 applicable law;

429  k. A statement specifying a future ratemaking process

430 to reconcile any differences between the actual securitized

431 utility tariff costs financed by securitized utility tariff

432 bonds and the final securitized utility tariff costs

433 incurred by the electrical corporation or assignee provided

434 that any such reconciliation shall not affect the amount of

435 securitized utility tariff bonds or the associated

436 securitized utility tariff charges paid by customers;

437  l. A procedure that shall allow the electrical

438 corporation to earn a return, at the cost of capital

439 authorized from time to time by the commission in the

440 electrical corporation's rate proceedings, on any moneys

441 advanced by the electrical corporation to fund reserves, if

442 any, or capital accounts established under the terms of any

443 indenture, ancillary agreement, or other financing documents

444 pertaining to the securitized utility tariff bonds;

445  m. In a financing order granting authorization to

446 securitize energy transition costs or in a financing order

447 granting authorization to securitize qualified extraordinary
     SS#2 SB 4     99

448 costs that include retired or abandoned facility costs, a

449 procedure for the treatment of accumulated deferred income

450 taxes and excess deferred income taxes in connection with

451 the retired or abandoned or to be retired or abandoned

452 electric generating facility, or in connection with retired

453 or abandoned facilities included in qualified extraordinary

454 costs. The accumulated deferred income taxes, including

455 excess deferred income taxes, shall be excluded from rate

456 base in future general rate cases and the net tax benefits

457 relating to amounts that will be recovered through the

458 issuance of securitized utility tariff bonds shall be

459 credited to retail customers by reducing the amount of such

460 securitized utility tariff bonds that would otherwise be

461 issued. The customer credit shall include the net present

462 value of the tax benefits, calculated using a discount rate

463 equal to the expected interest rate of the securitized

464 utility tariff bonds, for the estimated accumulated and

465 excess deferred income taxes at the time of securitization

466 including timing differences created by the issuance of

467 securitized utility tariff bonds amortized over the period

468 of the bonds multiplied by the expected interest rate on

469 such securitized utility tariff bonds;

470  n. An outside date, which shall not be earlier than

471 one year after the date the financing order is no longer

472 subject to appeal, when the authority to issue securitized

473 utility tariff bonds granted in such financing order shall

474 expire; and

475  o. Include any other conditions that the commission

476 considers appropriate and that are not inconsistent with

477 this section.

478  (d) A financing order issued to an electrical

479 corporation may provide that creation of the electrical
     SS#2 SB 4        100

480 corporation's securitized utility tariff property is

481 conditioned upon, and simultaneous with, the sale or other

482 transfer of the securitized utility tariff property to an

483 assignee and the pledge of the securitized utility tariff

484 property to secure securitized utility tariff bonds.

485  (e) If the commission issues a financing order, the

486 electrical corporation shall file with the commission at

487 least annually a petition or a letter applying the formula-

488 based true-up mechanism and, based on estimates of

489 consumption for each rate class and other mathematical

490 factors, requesting administrative approval to make the

491 applicable adjustments. The review of the filing shall be

492 limited to determining whether there are any mathematical or

493 clerical errors in the application of the formula-based true-

494 up mechanism relating to the appropriate amount of any

495 overcollection or undercollection of securitized utility

496 tariff charges and the amount of an adjustment. The

497 adjustments shall ensure the recovery of revenues sufficient

498 to provide for the payment of principal, interest,

499 acquisition, defeasance, financing costs, or redemption

500 premium and other fees, costs, and charges in respect of

501 securitized utility tariff bonds approved under the

502 financing order. Within thirty days after receiving an

503 electrical corporation's request pursuant to this paragraph,

504 the commission shall either approve the request or inform

505 the electrical corporation of any mathematical or clerical

506 errors in its calculation. If the commission informs the

507 electrical corporation of mathematical or clerical errors in

508 its calculation, the electrical corporation shall correct

509 its error and refile its request. The time frames

510 previously described in this paragraph shall apply to a

511 refiled request.
     SS#2 SB 4  101

512  (f) At the time of any transfer of securitized utility

513 tariff property to an assignee or the issuance of

514 securitized utility tariff bonds authorized thereby,

515 whichever is earlier, a financing order is irrevocable and,

516 except for changes made pursuant to the formula-based true-

517 up mechanism authorized in this section, the commission may

518 not amend, modify, or terminate the financing order by any

519 subsequent action or reduce, impair, postpone, terminate, or

520 otherwise adjust securitized utility tariff charges approved

521 in the financing order. After the issuance of a financing

522 order, the electrical corporation retains sole discretion

523 regarding whether to assign, sell, or otherwise transfer

524 securitized utility tariff property or to cause securitized

525 utility tariff bonds to be issued, including the right to

526 defer or postpone such assignment, sale, transfer, or

527 issuance.

528  (g) The commission, in a financing order and subject

529 to the issuance advice letter process under paragraph (h) of

530 this subdivision, shall specify the degree of flexibility to

531 be afforded the electrical corporation in establishing the

532 terms and conditions for the securitized utility tariff

533 bonds to accommodate changes in market conditions, including

534 repayment schedules, interest rates, financing costs,

535 collateral requirements, required debt service and other

536 reserves and the ability of the electrical corporation, at

537 its option, to effect a series of issuances of securitized

538 utility tariff bonds and correlated assignments, sales,

539 pledges, or other transfers of securitized utility tariff

540 property. Any changes made under this paragraph to terms

541 and conditions for the securitized utility tariff bonds

542 shall be in conformance with the financing order.
     SS#2 SB 4  102

543  (h) As the actual structure and pricing of the

544 securitized utility tariff bonds will be unknown at the time

545 the financing order is issued, prior to the issuance of each

546 series of bonds, an issuance advice letter shall be provided

547 to the commission by the electrical corporation following

548 the determination of the final terms of such series of bonds

549 no later than one day after the pricing of the securitized

550 utility tariff bonds. The commission shall have the

551 authority to designate a representative or representatives

552 from commission staff, who may be advised by a financial

553 advisor or advisors contracted with the commission, to

554 provide input to the electrical corporation and collaborate

555 with the electrical corporation in all facets of the process

556 undertaken by the electrical corporation to place the

557 securitized utility tariff bonds to market so the

558 commission's representative or representatives can provide

559 the commission with an opinion on the reasonableness of the

560 pricing, terms, and conditions of the securitized utility

561 tariff bonds on an expedited basis. Neither the designated

562 representative or representatives from the commission staff

563 nor one or more financial advisors advising commission staff

564 shall have authority to direct how the electrical

565 corporation places the bonds to market although they shall

566 be permitted to attend all meetings convened by the

567 electrical corporation to address placement of the bonds to

568 market. The form of such issuance advice letter shall be

569 included in the financing order and shall indicate the final

570 structure of the securitized utility tariff bonds and

571 provide the best available estimate of total ongoing

572 financing costs. The issuance advice letter shall report

573 the initial securitized utility tariff charges and other

574 information specific to the securitized utility tariff bonds
     SS#2 SB 4  103

575 to be issued, as the commission may require. Unless an

576 earlier date is specified in the financing order, the

577 electrical corporation may proceed with the issuance of the

578 securitized utility tariff bonds unless, prior to noon on

579 the fourth business day after the commission receives the

580 issuance advice letter, the commission issues a disapproval

581 letter directing that the bonds as proposed shall not be

582 issued and the basis for that disapproval. The financing

583 order may provide such additional provisions relating to the

584 issuance advice letter process as the commission considers

585 appropriate and as are not inconsistent with this section.

586  (4) (a) In performing the responsibilities of this

587 section in connection with the issuance of a financing

588 order, approving the petition, an order approving the

589 petition subject to conditions, or an order rejecting the

590 petition, the commission shall undertake due diligence as it

591 deems appropriate prior to the issuance of the order

592 regarding the petition pursuant to which the commission may

593 request additional information from the electrical

594 corporation and may engage one or more financial advisors,

595 one or more consultants, and counsel as the commission deems

596 necessary. Any financial advisor or advisors, counsel, and

597 consultants engaged by the commission shall have a fiduciary

598 duty with respect to the proposed issuance of securitized

599 utility bonds solely to the commission. All expenses

600 associated with such services shall be included as part of

601 the financing costs of the securitized utility tariff bonds

602 and shall be included in the securitized utility tariff

603 charge.

604  (b) If an electrical corporation's petition for a

605 financing order is denied or withdrawn, or for any reason

606 securitized utility tariff bonds are not issued, any costs
     SS#2 SB 4     104

607 of retaining one or more financial advisors, one or more

608 consultants, and counsel on behalf of the commission shall

609 be paid by the petitioning electrical corporation and shall

610 be eligible for full recovery, including carrying costs, if

611 approved by the commission in the electrical corporation's

612 future rates.

613  (5) At the request of an electrical corporation, the

614 commission may commence a proceeding and issue a subsequent

615 financing order that provides for refinancing, retiring, or

616 refunding securitized utility tariff bonds issued pursuant

617 to the original financing order if the commission finds that

618 the subsequent financing order satisfies all of the criteria

619 specified in this section for a financing order. Effective

620 upon retirement of the refunded securitized utility tariff

621 bonds and the issuance of new securitized utility tariff

622 bonds, the commission shall adjust the related securitized

623 utility tariff charges accordingly.

624  (6) (a) A financing order remains in effect and

625 securitized utility tariff property under the financing

626 order continues to exist until securitized utility tariff

627 bonds issued pursuant to the financing order have been paid

628 in full or defeased and, in each case, all commission-

629 approved financing costs of such securitized utility tariff

630 bonds have been recovered in full.

631  (b) A financing order issued to an electrical

632 corporation remains in effect and unabated notwithstanding

633 the reorganization, bankruptcy, or other insolvency

634 proceedings, merger, or sale of the electrical corporation

635 or its successors or assignees.

636  3. (1) The commission may not, in exercising its

637 powers and carrying out its duties regarding any matter

638 within its authority, consider the securitized utility
     SS#2 SB 4         105

639 tariff bonds issued pursuant to a financing order to be the

640 debt of the electrical corporation other than for federal

641 and state income tax purposes, consider the securitized

642 utility tariff charges paid under the financing order to be

643 the revenue of the electrical corporation for any purpose,

644 consider the securitized utility tariff costs or financing

645 costs specified in the financing order to be the costs of

646 the electrical corporation, nor may the commission determine

647 any action taken by an electrical corporation which is

648 consistent with the financing order to be unjust or

649 unreasonable, and section 386.300 shall not apply to the

650 issuance of securitized utility tariff bonds.

651  (2) Securitized utility tariff charges shall not be

652 utilized or accounted for in determining the electrical

653 corporation's average overall rate, as defined in section

654 393.1655 and as used to determine the maximum retail rate

655 impact limitations provided for by subsections 3 and 4 of

656 section 393.1655.

657  (3) No electrical corporation is required to file a

658 petition for a financing order under this section or

659 otherwise utilize this section. An electrical corporation's

660 decision not to file a petition for a financing order under

661 this section shall not be admissible in any commission

662 proceeding nor shall it be otherwise utilized or relied on

663 by the commission in any proceeding respecting the

664 electrical corporation's rates or its accounting, including,

665 without limitation, any general rate proceeding, fuel

666 adjustment clause docket, or proceedings relating to

667 accounting authority, whether initiated by the electrical

668 corporation or otherwise. The commission may not order or

669 otherwise directly or indirectly require an electrical

670 corporation to use securitized utility tariff bonds to
     SS#2 SB 4              106

671 recover securitized utility tariff costs or to finance any

672 project, addition, plant, facility, extension, capital

673 improvement, equipment, or any other expenditure.

674  (4) The commission may not refuse to allow an

675 electrical corporation to recover securitized utility tariff

676 costs in an otherwise permissible fashion, or refuse or

677 condition authorization or approval of the issuance and sale

678 by an electrical corporation of securities or the assumption

679 by the electrical corporation of liabilities or obligations,

680 because of the potential availability of securitized utility

681 tariff bond financing.

682  (5) After the issuance of a financing order with or

683 without conditions, the electrical corporation retains sole

684 discretion regarding whether to cause the securitized

685 utility tariff bonds to be issued, including the right to

686 defer or postpone such sale, assignment, transfer, or

687 issuance. Nothing shall prevent the electrical corporation

688 from abandoning the issuance of securitized utility tariff

689 bonds under the financing order by filing with the

690 commission a statement of abandonment and the reasons

691 therefor; provided, that the electrical corporation's

692 abandonment decision shall not be deemed imprudent because

693 of the potential availability of securitized utility tariff

694 bond financing; and provided further, that an electrical

695 corporation's decision to abandon issuance of such bonds may

696 be raised by any party, including the commission, as a

697 reason the commission should not authorize, or should

698 modify, the rate-making treatment proposed by the electrical

699 corporation of the costs associated with the electric

700 generating facility that was the subject of a petition under

701 this section that would have been securitized as energy

702 transition costs had such abandonment decision not been
     SS#2 SB 4             107

703 made, but only if the electrical corporation requests

704 nonstandard plant retirement treatment of such costs for

705 rate-making purposes.

706  (6) The commission may not, directly or indirectly,

707 utilize or consider the debt reflected by the securitized

708 utility tariff bonds in establishing the electrical

709 corporation's capital structure used to determine any

710 regulatory matter, including but not limited to the

711 electrical corporation's revenue requirement used to set its

712 rates.

713  (7) The commission may not, directly or indirectly,

714 consider the existence of securitized utility tariff bonds

715 or the potential use of securitized utility tariff bond

716 financing proceeds in determining the electrical

717 corporation's authorized rate of return used to determine

718 the electrical corporation's revenue requirement used to set

719 its rates.

720  4. The electric bills of an electrical corporation

721 that has obtained a financing order and caused securitized

722 utility tariff bonds to be issued shall comply with the

723 provisions of this subsection; however, the failure of an

724 electrical corporation to comply with this subsection does

725 not invalidate, impair, or affect any financing order,

726 securitized utility tariff property, securitized utility

727 tariff charge, or securitized utility tariff bonds. The

728 electrical corporation shall do the following:

729  (1) Explicitly reflect that a portion of the charges

730 on such bill represents securitized utility tariff charges

731 approved in a financing order issued to the electrical

732 corporation and, if the securitized utility tariff property

733 has been transferred to an assignee, shall include a

734 statement to the effect that the assignee is the owner of
     SS#2 SB 4                 108

735 the rights to securitized utility tariff charges and that

736 the electrical corporation or other entity, if applicable,

737 is acting as a collection agent or servicer for the

738 assignee. The tariff applicable to customers shall indicate

739 the securitized utility tariff charge and the ownership of

740 the charge;

741  (2) Include the securitized utility tariff charge on

742 each customer's bill as a separate line item and include

743 both the rate and the amount of the charge on each bill.

744  5. (1) (a) All securitized utility tariff property

745 that is specified in a financing order constitutes an

746 existing, present intangible property right or interest

747 therein, notwithstanding that the imposition and collection

748 of securitized utility tariff charges depends on the

749 electrical corporation, to which the financing order is

750 issued, performing its servicing functions relating to the

751 collection of securitized utility tariff charges and on

752 future electricity consumption. The property exists:

753  a. Regardless of whether or not the revenues or

754 proceeds arising from the property have been billed, have

755 accrued, or have been collected; and

756  b. Notwithstanding the fact that the value or amount

757 of the property is dependent on the future provision of

758 service to customers by the electrical corporation or its

759 successors or assignees and the future consumption of

760 electricity by customers.

761  (b) Securitized utility tariff property specified in a

762 financing order exists until securitized utility tariff

763 bonds issued pursuant to the financing order are paid in

764 full and all financing costs and other costs of such

765 securitized utility tariff bonds have been recovered in full.
     SS#2 SB 4  109

766  (c) All or any portion of securitized utility tariff

767 property specified in a financing order issued to an

768 electrical corporation may be transferred, sold, conveyed,

769 or assigned to a successor or assignee that is wholly owned,

770 directly or indirectly, by the electrical corporation and

771 created for the limited purpose of acquiring, owning, or

772 administering securitized utility tariff property or issuing

773 securitized utility tariff bonds under the financing order.

774 All or any portion of securitized utility tariff property

775 may be pledged to secure securitized utility tariff bonds

776 issued pursuant to the financing order, amounts payable to

777 financing parties and to counterparties under any ancillary

778 agreements, and other financing costs. Any transfer, sale,

779 conveyance, assignment, grant of a security interest in or

780 pledge of securitized utility tariff property by an

781 electrical corporation, or an affiliate of the electrical

782 corporation, to an assignee, to the extent previously

783 authorized in a financing order, does not require the prior

784 consent and approval of the commission.

785  (d) If an electrical corporation defaults on any

786 required remittance of securitized utility tariff charges

787 arising from securitized utility tariff property specified

788 in a financing order, a court, upon application by an

789 interested party, and without limiting any other remedies

790 available to the applying party, shall order the

791 sequestration and payment of the revenues arising from the

792 securitized utility tariff property to the financing parties

793 or their assignees. Any such financing order remains in

794 full force and effect notwithstanding any reorganization,

795 bankruptcy, or other insolvency proceedings with respect to

796 the electrical corporation or its successors or assignees.
     SS#2 SB 4  110

797  (e) The interest of a transferee, purchaser, acquirer,

798 assignee, or pledgee in securitized utility tariff property

799 specified in a financing order issued to an electrical

800 corporation, and in the revenue and collections arising from

801 that property, is not subject to setoff, counterclaim,

802 surcharge, or defense by the electrical corporation or any

803 other person or in connection with the reorganization,

804 bankruptcy, or other insolvency of the electrical

805 corporation or any other entity.

806  (f) Any successor to an electrical corporation,

807 whether pursuant to any reorganization, bankruptcy, or other

808 insolvency proceeding or whether pursuant to any merger or

809 acquisition, sale, or other business combination, or

810 transfer by operation of law, as a result of electrical

811 corporation restructuring or otherwise, shall perform and

812 satisfy all obligations of, and have the same rights under a

813 financing order as, the electrical corporation under the

814 financing order in the same manner and to the same extent as

815 the electrical corporation, including collecting and paying

816 to the person entitled to receive the revenues, collections,

817 payments, or proceeds of the securitized utility tariff

818 property. Nothing in this section is intended to limit or

819 impair any authority of the commission concerning the

820 transfer or succession of interests of public utilities.

821  (g) Securitized utility tariff bonds shall be

822 nonrecourse to the credit or any assets of the electrical

823 corporation other than the securitized utility tariff

824 property as specified in the financing order and any rights

825 under any ancillary agreement.

826  (2) (a) The creation, perfection, priority, and

827 enforcement of any security interest in securitized utility

828 tariff property to secure the repayment of the principal and
     SS#2 SB 4        111

829 interest and other amounts payable in respect of securitized

830 utility tariff bonds, amounts payable under any ancillary

831 agreement and other financing costs are governed by this

832 section and not by the provisions of the code, except as

833 otherwise provided in this section.

834  (b) A security interest in securitized utility tariff

835 property is created, valid, and binding at the later of the

836 time:

837  a. The financing order is issued;

838  b. A security agreement is executed and delivered by

839 the debtor granting such security interest;

840  c. The debtor has rights in such securitized utility

841 tariff property or the power to transfer rights in such

842 securitized utility tariff property; or

843  d. Value is received for the securitized utility

844 tariff property.

845 The description of securitized utility tariff property in a

846 security agreement is sufficient if the description refers

847 to this section and the financing order creating the

848 securitized utility tariff property. A security interest

849 shall attach as provided in this paragraph without any

850 physical delivery of collateral or other act.

851  (c) Upon the filing of a financing statement with the

852 office of the secretary of state as provided in this

853 section, a security interest in securitized utility tariff

854 property shall be perfected against all parties having

855 claims of any kind in tort, contract, or otherwise against

856 the person granting the security interest, and regardless of

857 whether the parties have notice of the security interest.

858 Without limiting the foregoing, upon such filing a security

859 interest in securitized utility tariff property shall be
     SS#2 SB 4  112

860 perfected against all claims of lien creditors, and shall

861 have priority over all competing security interests and

862 other claims other than any security interest previously

863 perfected in accordance with this section.

864  (d) The priority of a security interest in securitized

865 utility tariff property is not affected by the commingling

866 of securitized utility tariff charges with other amounts.

867 Any pledgee or secured party shall have a perfected security

868 interest in the amount of all securitized utility tariff

869 charges that are deposited in any cash or deposit account of

870 the qualifying electrical corporation in which securitized

871 utility tariff charges have been commingled with other funds

872 and any other security interest that may apply to those

873 funds shall be terminated when they are transferred to a

874 segregated account for the assignee or a financing party.

875  (e) No application of the formula-based true-up

876 mechanism as provided in this section will affect the

877 validity, perfection, or priority of a security interest in

878 or transfer of securitized utility tariff property.

879  (f) If a default occurs under the securitized utility

880 tariff bonds that are secured by a security interest in

881 securitized utility tariff property, the financing parties

882 or their representatives may exercise the rights and

883 remedies available to a secured party under the code,

884 including the rights and remedies available under part 6 of

885 article 9 of the code. The commission may also order

886 amounts arising from securitized utility tariff charges be

887 transferred to a separate account for the financing parties'

888 benefit, to which their lien and security interest shall

889 apply. On application by or on behalf of the financing

890 parties, the circuit court for the county or city in which

891 the electrical corporation's headquarters is located shall
     SS#2 SB 4        113

892 order the sequestration and payment to them of revenues

893 arising from the securitized utility tariff charges.

894  (3) (a) Any sale, assignment, or other transfer of

895 securitized utility tariff property shall be an absolute

896 transfer and true sale of, and not a pledge of or secured

897 transaction relating to, the seller's right, title, and

898 interest in, to, and under the securitized utility tariff

899 property if the documents governing the transaction

900 expressly state that the transaction is a sale or other

901 absolute transfer other than for federal and state income

902 tax purposes. For all purposes other than federal and state

903 income tax purposes, the parties' characterization of a

904 transaction as a sale of an interest in securitized utility

905 tariff property shall be conclusive that the transaction is

906 a true sale and that ownership has passed to the party

907 characterized as the purchaser, regardless of whether the

908 purchaser has possession of any documents evidencing or

909 pertaining to the interest. A sale or similar outright

910 transfer of an interest in securitized utility tariff

911 property may occur only when all of the following have

912 occurred:

913  a. The financing order creating the securitized

914 utility tariff property has become effective;

915  b. The documents evidencing the transfer of

916 securitized utility tariff property have been executed by

917 the assignor and delivered to the assignee; and

918  c. Value is received for the securitized utility

919 tariff property.

920 After such a transaction, the securitized utility tariff
921 property is not subject to any claims of the transferor or
922 the transferor's creditors, other than creditors holding a
     SS#2 SB 4           114

923 prior security interest in the securitized utility tariff

924 property perfected in accordance with this section.

925  (b) The characterization of the sale, assignment, or

926 other transfer as an absolute transfer and true sale and the

927 corresponding characterization of the property interest of

928 the purchaser shall not be affected or impaired by the

929 occurrence of any of the following factors:

930  a. Commingling of securitized utility tariff charges

931 with other amounts;

932  b. The retention by the seller of (i) a partial or

933 residual interest, including an equity interest, in the

934 securitized utility tariff property, whether direct or

935 indirect, or whether subordinate or otherwise, or (ii) the

936 right to recover costs associated with taxes, franchise

937 fees, or license fees imposed on the collection of

938 securitized utility tariff charges;

939  c. Any recourse that the purchaser may have against

940 the seller;

941  d. Any indemnification rights, obligations, or

942 repurchase rights made or provided by the seller;

943  e. The obligation of the seller to collect securitized

944 utility tariff charges on behalf of an assignee;

945  f. The transferor acting as the servicer of the

946 securitized utility tariff charges or the existence of any

947 contract that authorizes or requires the electrical

948 corporation, to the extent that any interest in securitized

949 utility tariff property is sold or assigned, to contract

950 with the assignee or any financing party that it will

951 continue to operate its system to provide service to its

952 customers, will collect amounts in respect of the

953 securitized utility tariff charges for the benefit and

954 account of such assignee or financing party, and will
     SS#2 SB 4        115

955 account for and remit such amounts to or for the account of

956 such assignee or financing party;

957  g. The treatment of the sale, conveyance, assignment,

958 or other transfer for tax, financial reporting, or other

959 purposes;

960  h. The granting or providing to bondholders a

961 preferred right to the securitized utility tariff property

962 or credit enhancement by the electrical corporation or its

963 affiliates with respect to such securitized utility tariff

964 bonds;

965  i. Any application of the formula-based true-up

966 mechanism as provided in this section.

967  (c) Any right that an electrical corporation has in

968 the securitized utility tariff property before its pledge,

969 sale, or transfer or any other right created under this

970 section or created in the financing order and assignable

971 under this section or assignable pursuant to a financing

972 order is property in the form of a contract right or a chose

973 in action. Transfer of an interest in securitized utility

974 tariff property to an assignee is enforceable only upon the

975 later of:

976  a. The issuance of a financing order;

977  b. The assignor having rights in such securitized

978 utility tariff property or the power to transfer rights in

979 such securitized utility tariff property to an assignee;

980  c. The execution and delivery by the assignor of

981 transfer documents in connection with the issuance of

982 securitized utility tariff bonds; and

983  d. The receipt of value for the securitized utility

984 tariff property.
      SS#2 SB 4    116

985 An enforceable transfer of an interest in securitized

986 utility tariff property to an assignee is perfected against

987 all third parties, including subsequent judicial or other

988 lien creditors, when a notice of that transfer has been

989 given by the filing of a financing statement in accordance

990 with subsection 7 of this section. The transfer is

991 perfected against third parties as of the date of filing.

992   (d) The priority of a transfer perfected under this

993 section is not impaired by any later modification of the

994 financing order or securitized utility tariff property or by

995 the commingling of funds arising from securitized utility

996 tariff property with other funds. Any other security

997 interest that may apply to those funds, other than a

998 security interest perfected under this section, is

999 terminated when they are transferred to a segregated account

1000 for the assignee or a financing party. If securitized

1001 utility tariff property has been transferred to an assignee

1002 or financing party, any proceeds of that property shall be

1003 held in trust for the assignee or financing party.

1004  (e) The priority of the conflicting interests of

1005 assignees in the same interest or rights in any securitized

1006 utility tariff property is determined as follows:

1007  a. Conflicting perfected interests or rights of

1008 assignees rank according to priority in time of perfection.

1009 Priority dates from the time a filing covering the transfer

1010 is made in accordance with subsection 7 of this section;

1011  b. A perfected interest or right of an assignee has

1012 priority over a conflicting unperfected interest or right of

1013 an assignee;

1014  c. A perfected interest or right of an assignee has

1015 priority over a person who becomes a lien creditor after the

1016 perfection of such assignee's interest or right.
      SS#2 SB 4            117

1017  6. The description of securitized utility tariff

1018 property being transferred to an assignee in any sale

1019 agreement, purchase agreement, or other transfer agreement,

1020 granted or pledged to a pledgee in any security agreement,

1021 pledge agreement, or other security document, or indicated

1022 in any financing statement is only sufficient if such

1023 description or indication refers to the financing order that

1024 created the securitized utility tariff property and states

1025 that the agreement or financing statement covers all or part

1026 of the property described in the financing order. This

1027 section applies to all purported transfers of, and all

1028 purported grants or liens or security interests in,

1029 securitized utility tariff property, regardless of whether

1030 the related sale agreement, purchase agreement, other

1031 transfer agreement, security agreement, pledge agreement, or

1032 other security document was entered into, or any financing

1033 statement was filed.

1034  7. The secretary of state shall maintain any financing

1035 statement filed to perfect a sale or other transfer of

1036 securitized utility tariff property and any security

1037 interest in securitized utility tariff property under this

1038 section in the same manner that the secretary of state

1039 maintains financing statements filed under the code to

1040 perfect a security interest in collateral owned by a

1041 transmitting utility. Except as otherwise provided in this

1042 section, all financing statements filed pursuant to this

1043 section shall be governed by the provisions regarding

1044 financing statements and the filing thereof under the code,

1045 including part 5 of article 9 of the code. A security

1046 interest in securitized utility tariff property may be

1047 perfected only by the filing of a financing statement in

1048 accordance with this section, and no other method of
      SS#2 SB 4  118

1049 perfection shall be effective. Notwithstanding any

1050 provision of the code to the contrary, a financing statement

1051 filed pursuant to this section is effective until a

1052 termination statement is filed under the code, and no

1053 continuation statement need be filed to maintain its

1054 effectiveness. A financing statement filed pursuant to this

1055 section may indicate that the debtor is a transmitting

1056 utility, and without regard to whether the debtor is an

1057 electrical corporation, an assignee or otherwise qualifies

1058 as a transmitting utility under the code, but the failure to

1059 make such indication shall not impair the duration and

1060 effectiveness of the financing statement.

1061  8. The law governing the validity, enforceability,

1062 attachment, perfection, priority, and exercise of remedies

1063 with respect to the transfer of an interest or right or the

1064 pledge or creation of a security interest in any securitized

1065 utility tariff property shall be the laws of this state.

1066  9. Neither the state nor its political subdivisions

1067 are liable on any securitized utility tariff bonds, and the

1068 bonds are not a debt or a general obligation of the state or

1069 any of its political subdivisions, agencies, or

1070 instrumentalities, nor are they special obligations or

1071 indebtedness of the state or any agency or political

1072 subdivision. An issue of securitized utility tariff bonds

1073 does not, directly, indirectly, or contingently, obligate

1074 the state or any agency, political subdivision, or

1075 instrumentality of the state to levy any tax or make any

1076 appropriation for payment of the securitized utility tariff

1077 bonds, other than in their capacity as consumers of

1078 electricity. All securitized utility tariff bonds shall

1079 contain on the face thereof a statement to the following

1080 effect: "Neither the full faith and credit nor the taxing
      SS#2 SB 4             119

1081 power of the state of Missouri is pledged to the payment of

1082 the principal of, or interest on, this bond.".

1083  10. All of the following entities may legally invest

1084 any sinking funds, moneys, or other funds in securitized

1085 utility tariff bonds:

1086  (1) Subject to applicable statutory restrictions on

1087 state or local investment authority, the state, units of

1088 local government, political subdivisions, public bodies, and

1089 public officers, except for members of the commission, the

1090 commission's technical advisory and other staff, or

1091 employees of the office of the public counsel;

1092  (2) Banks and bankers, savings and loan associations,

1093 credit unions, trust companies, savings banks and

1094 institutions, investment companies, insurance companies,

1095 insurance associations, and other persons carrying on a

1096 banking or insurance business;

1097  (3) Personal representatives, guardians, trustees, and

1098 other fiduciaries;

1099  (4) All other persons authorized to invest in bonds or

1100 other obligations of a similar nature.

1101  11. (1) The state and its agencies, including the

1102 commission, pledge and agree with bondholders, the owners of

1103 the securitized utility tariff property, and other financing

1104 parties that the state and its agencies will not take any

1105 action listed in this subdivision. This subdivision does

1106 not preclude limitation or alteration if full compensation

1107 is made by law for the full protection of the securitized

1108 utility tariff charges collected pursuant to a financing

1109 order and of the bondholders and any assignee or financing

1110 party entering into a contract with the electrical

1111 corporation. The prohibited actions are as follows:
      SS#2 SB 4               120

1112  (a) Alter the provisions of this section, which

1113 authorize the commission to create an irrevocable contract

1114 right or chose in action by the issuance of a financing

1115 order, to create securitized utility tariff property, and

1116 make the securitized utility tariff charges imposed by a

1117 financing order irrevocable, binding, or nonbypassable

1118 charges for all existing and future retail customers of the

1119 electrical corporation except its existing special contract

1120 customers;

1121  (b) Take or permit any action that impairs or would

1122 impair the value of securitized utility tariff property or

1123 the security for the securitized utility tariff bonds or

1124 revises the securitized utility tariff costs for which

1125 recovery is authorized;

1126  (c) In any way impair the rights and remedies of the

1127 bondholders, assignees, and other financing parties;

1128  (d) Except for changes made pursuant to the formula-

1129 based true-up mechanism authorized under this section,

1130 reduce, alter, or impair securitized utility tariff charges

1131 that are to be imposed, billed, charged, collected, and

1132 remitted for the benefit of the bondholders, any assignee,

1133 and any other financing parties until any and all principal,

1134 interest, premium, financing costs and other fees, expenses,

1135 or charges incurred, and any contracts to be performed, in

1136 connection with the related securitized utility tariff bonds

1137 have been paid and performed in full.

1138  (2) Any person or entity that issues securitized

1139 utility tariff bonds may include the language specified in

1140 this subsection in the securitized utility tariff bonds and

1141 related documentation.

1142  12. An assignee or financing party is not an

1143 electrical corporation or person providing electric service
      SS#2 SB 4               121

1144 by virtue of engaging in the transactions described in this

1145 section.

1146  13. If there is a conflict between this section and

1147 any other law regarding the attachment, assignment, or

1148 perfection, or the effect of perfection, or priority of,

1149 assignment or transfer of, or security interest in

1150 securitized utility tariff property, this section shall

1151 govern.

1152  14. If any provision of this section is held invalid

1153 or is invalidated, superseded, replaced, repealed, or

1154 expires for any reason, that occurrence does not affect the

1155 validity of any action allowed under this section which is

1156 taken by an electrical corporation, an assignee, a financing

1157 party, a collection agent, or a party to an ancillary

1158 agreement; and any such action remains in full force and

1159 effect with respect to all securitized utility tariff bonds

1160 issued or authorized in a financing order issued under this

1161 section before the date that such provision is held invalid

1162 or is invalidated, superseded, replaced, or repealed, or

1163 expires for any reason.

1     393.1900. 1. The commission shall, by August 28,

2 2027, and every four years or as needed thereafter, commence

3 an integrated resource planning proceeding for electrical

4 corporations. As part of such proceeding, the commission

5 shall:

6     (1) Identify any required planning reserve margins and

7 applicable local clearing requirements, and any proposed

8 planning reserve margins and local clearing requirements

9 which are scheduled to take effect within a relevant future

10 timeframe;

11    (2) Identify significant existing state or federal

12 environmental regulations, laws, or rules and identify how
    SS#2 SB 4                   122

13 each such regulation, law, or rule may apply to electrical

14 corporations in this state;

15  (3) Identify separately significant proposed state or

16 federal environmental regulations, laws, or rules and

17 identify how each such regulation, law, or rule may apply to

18 electrical corporations in this state;

19  (4) Establish an alternative resource plan or plans

20 that shall be included in an electrical corporation's

21 integrated resource plan filing pursuant to subsection 3 of

22 this section, and the factors that each electrical

23 corporation may take into account in developing such plans,

24 including, but not limited to, all of the following:

25  (a) Projected planning reserve margins and local

26 clearing requirements and the environmental regulations,

27 laws, or rules pursuant to subdivisions (1) and (2) of this

28 subsection, respectively;

29  (b) Projections of future loads including both energy

30 and capacity over the planning period;

31  (c) The supply-side and demand-side resources that may

32 reasonably address any need for additional energy and

33 capacity, including, but not limited to, the type of

34 generation technology for any proposed generation facility,

35 projected load impact due to electrification or economic

36 development projects, and projected load management and

37 demand response savings;

38  (d) The projected cost of different types of

39 technologies and fuel used for electric generation; and

40  (e) Any other factors the commission may order to be

41 considered;

42  (5) Identify or designate any software, data

43 standards, and formatting to be used in modeling the
    SS#2 SB 4               123

44 alternative resource plan or plans pursuant to subdivision

45 (4) of this subsection;

46  (6) Complete such proceeding no less than eighteen

47 months prior to the first integrated resource plan filing

48 pursuant to subsection 2 of this section.

49  2. Not later than August 28, 2027, the commission

50 shall publish a schedule for electrical corporations to file

51 an integrated resource plan every four years, with the first

52 integrated resource plan or plans filing to occur not before

53 the first day of the nineteenth month after publication of

54 such schedule. Each electrical corporation shall, pursuant

55 to the published schedule, file with the commission an

56 integrated resource plan that includes an alternative

57 resource plan or plans meeting the requirements of

58 subdivision (4) of subsection 1 of this section, and such

59 other alternative resource plans as the electrical

60 corporation deems appropriate. All alternative resource

61 plans shall cover a minimum sixteen-year planning horizon.

62 All such plans shall reflect projections of an electrical

63 corporation's load obligations and how under each such plan

64 the electrical corporation would reliably meet its projected

65 load obligations over such periods consistent with

66 applicable planning reserve margins, local clearing

67 requirements, and applicable state and federal environmental

68 regulations, laws, or rules.

69  3. Without limiting the requirements set forth in

70 subsection 2 of this section, an electrical corporation's

71 integrated resource plan filing shall include:

72  (1) Information regarding generating units in the

73 electrical corporation's existing portfolio, including, but

74 not limited to, unit characteristics, current and expected

75 accredited capacity by season, licensing status, current
     SS#2 SB 4                 124

76 depreciation rates for each generating unit, currently

77 expected retirement dates and, if applicable, any remaining

78 useful life of each generating unit, and identification of

79 potential capital projects that are reasonably expected to

80 result in the extension of the retirement date of each

81 generating unit;

82   (2) Plans for meeting current and future generation

83 attribute needs, with estimates of the capital and operating

84 and maintenance costs over the planning horizon for all

85 proposed construction and major investments in new

86 generating units, including costs associated with

87 transmission or distribution infrastructure that would be

88 required to integrate such investments into the electrical

89 corporation's system;

90   (3) Identification of the generation attribute

91 necessary for the provision of safe and adequate service at

92 just and reasonable rates;

93   (4) Analysis of the cost, performance, expected

94 accredited capacity by season, and viability of all

95 reasonable options available to meet projected generation

96 attribute needs, including, but not limited to, existing

97 electric generation facilities, and an explanation why an

98 electrical corporation selected the options outlined in the

99 plan;

100  (5) Analysis of alternative resource plans to test

101 risk factors identified by the electrical corporation;

102  (6) An explanation of how the electrical corporation

103 uses capacity expansion optimization software for the

104 development of alternative resource plans;

105  (7) Projections of rate impacts including rate impacts

106 from fuel costs of the top four alternative resource plans
     SS#2 SB 4              125

107 including the preferred plan for the periods covered by the

108 plan;

109  (8) Forecasts of the electrical corporation's sales by

110 hour under reasonable scenarios;

111  (9) The types of generation technologies proposed for

112 generation facilities contained in the plans and the

113 proposed accredited capacity of the generation facilities as

114 estimated by the corporation and the relevant regional

115 transmission organization or independent system operator,

116 including projected fuel costs under reasonable scenarios;

117  (10) An analysis of potential new or upgraded electric

118 transmission and distribution options for the electrical

119 corporation;

120  (11) Analysis of the projected firm gas transportation

121 contracts or natural gas storage the electrical corporation

122 will hold to provide an adequate supply of fuel to new

123 generation facilities;

124  (12) Projected load management, demand response

125 impact, and peak demand reduction for the electrical

126 corporation, including, but not limited to, the magnitude of

127 expected load impacts during the anticipated hours, seasons,

128 and years and the projected costs for such plans;

129  (13) An explanation of how the electrical corporation

130 will comply with all applicable state and federal

131 environmental regulations, laws, and rules, and the

132 projected costs of complying with those regulations, laws,

133 and rules;

134  (14) Expected resource planning and system impacts of

135 contemplated programs and mechanisms associated with new

136 load, reduced load, or retained load associated with

137 economic development rates or riders and programs offered in
     SS#2 SB 4                  126

138 accordance with section 393.1075, as well as other programs

139 offered under current law;

140  (15) Results from a request for information or

141 proposals to provide any new supply-side resources needed to

142 serve the corporation's projected electric load, applicable

143 planning reserve margin, and local clearing requirement

144 during the initial four-year planning period. The request

145 for information or proposals may define qualifying

146 performance standards, contract terms, technical competence,

147 capability, reliability, creditworthiness, past performance,

148 and other criteria that responses or respondents to the

149 request for information shall meet in order to be considered

150 by the corporation in its integrated resource plan.

151 Respondents to a request for information or proposals may

152 request that certain proprietary information be treated as

153 confidential or highly confidential pursuant to the

154 commission's governing rules. A corporation that issues a

155 request for information or proposals under this subsection

156 shall use the resulting information or proposals to inform

157 its integrated resource plan and include all of the

158 submitted information or proposals as attachments to its

159 integrated resource plan filing;

160  (16) Selection of a preferred resource plan;

161  (17) Delineation of an implementation plan covering a

162 four-year implementation period ending three hundred sixty-

163 five days after the electrical corporation's next-scheduled

164 quadrennial integrated resource plan filing, which shall

165 specify the construction or acquisition by the utility of

166 specific supply-side resources or a specified quantity of

167 supply-side resources by supply-side resource type, or both,

168 for which construction or acquisition is planned to commence

169 within said four-year implementation period; and
     SS#2 SB 4              127

170  (18) Any other information that the commission may

171 specify by rule.

172  4. The commission shall, after a hearing is conducted,

173 issue a report and order no later than three hundred sixty

174 days after the electrical corporation files an integrated

175 resource plan under this section, unless the commission

176 grants itself an extension for good cause for the issuance

177 of the report and order. Up to one hundred fifty days after

178 an electrical corporation makes its initial integrated

179 resource plan filing, the electrical corporation may file an

180 update of the cost estimates provided under subdivision (2)

181 of subsection 3 of this section if the cost estimates have

182 materially changed. An electrical corporation shall not

183 modify any other aspect of the initial integrated resource

184 plan filing unless the commission grants the electrical

185 corporation the ability to do so. The commission's report

186 and order shall determine whether the electrical corporation

187 has submitted sufficient documentation and selected a

188 preferred resource plan that represents a reasonable and

189 prudent means of meeting the electrical corporation's load

190 serving obligations at just and reasonable rates. In making

191 the determination, the commission shall consider whether the

192 plan appropriately balances all of the following factors:

193  (1) Resource adequacy to serve anticipated peak

194 electric load and seasonal peak demand forecasts, applicable

195 planning reserve margin, local clearing requirements, and

196 the role of energy and capacity markets;

197  (2) Reliability;

198  (3) Rate impacts;

199  (4) The availability for purchase from third parties

200 of affordable and reliable generation, together with any

201 required transmission;
     SS#2 SB 4                  128

202  (5) Overall cost-effectiveness in providing service;

203  (6) Commodity price risks;

204  (7) Diversity of supply-side resources;

205  (8) Competitive pricing;

206  (9) Participation in regional transmission

207 organization markets; and

208  (10) Compliance with applicable state and federal

209 environmental regulations.

210  5. (1) If the commission determines that the

211 preferred resource plan is a reasonable and prudent means of

212 meeting the electrical corporation's load serving

213 obligations, such determination shall constitute the

214 commission's permission for the electrical corporation to

215 construct or acquire the specified supply-side resources, or

216 a specified quantity of supply-side resources by supply-side

217 resource type, or both, identified by the commission, that

218 were reflected in the implementation plan submitted under

219 subdivision (17) of subsection 3 of this section, provided

220 that construction commences or the acquisition agreement is

221 executed within the four-year implementation period. With

222 respect to such resources, when the electrical corporation

223 files an application for a certificate of convenience and

224 necessity to authorize construction or acquisition of such

225 resource or resources pursuant to subsection 1 of section

226 393.170, the commission shall be deemed to have determined

227 that the supply-side resources for which such a

228 determination was made are necessary or convenient for the

229 public interest. In such a certificate of convenience and

230 necessity proceeding, the commission's inquiry shall be

231 limited to considering the electrical corporation's

232 qualifications to construct and operate the resources, the

233 electrical corporation's ability to finance the construction
     SS#2 SB 4              129

234 or acquisition of the resources, and siting considerations.

235 The commission shall take all reasonable steps to expedite

236 such a certificate of convenience and necessity proceeding

237 and shall issue its decision in such a proceeding within one

238 hundred twenty days of the date that the electrical

239 corporation files its application. Prior to the expiration

240 of the one hundred and twenty-day period, the commission,

241 upon a showing of good cause, can extend the one hundred

242 twenty-day period for up to an additional sixty days. An

243 electrical corporation shall annually, or more frequently if

244 required by the commission, report to the commission the

245 status of supply-side resources being implemented during the

246 implementation period.

247  (2) If the commission determines that the preferred

248 resource plan, in whole or in part, is not a reasonable and

249 prudent means of meeting the electrical corporation's load

250 serving obligations, the commission shall have the authority

251 to specify in its report and order the deficiencies in the

252 preferred resource plan and may require the electrical

253 corporation to make a further filing within sixty days after

254 issuance of the report and order addressing the deficiencies

255 and the electrical corporation may propose modifications to

256 its original preferred resource plan. If such an order

257 requiring a further filing by the electrical corporation is

258 issued, the commission's report and order issued under this

259 subsection shall not be final for purposes of rehearing

260 pursuant to section 386.500 or an appeal pursuant to section

261 386.510. Other parties to the integrated resource plan

262 docket shall have sixty days to respond to the electrical

263 corporation's further filing, unless the commission grants

264 an extension for good cause to respond to the electrical

265 corporation's further filing. Within sixty days after the
     SS#2 SB 4                130

266 deadline for such other parties' filings, the commission

267 shall issue a report and order, which shall be final for

268 purposes of rehearing pursuant to section 386.500, and

269 appeal pursuant to section 386.510, indicating whether the

270 deficiencies have been cured by the electrical corporation's

271 further filing and the commission may approve the electrical

272 corporation's modified preferred resource plan and may

273 approve specific supply-side resources, or a specified

274 quantity of supply-side resources by supply-side resource

275 type, or both. If the commission finds continued

276 deficiencies in the electrical corporation's modified

277 preferred resource plan:

278      (a) The commission may initiate a complaint proceeding

279 pursuant to the provisions of section 393.270;

280      (b) The electrical corporation shall not be eligible

281 for a limited inquiry in any proceeding under section

282 393.170 as set forth in subdivision (1) of this subsection

283 for any resource additions not approved by the commission;

284 and

285      (c) The electrical corporation shall not be eligible

286 for construction work in progress as set forth in

287 subdivision (3) of this subsection for any resource

288 additions not approved by the commission.

289      (3) Notwithstanding section 393.135 to the contrary,

290 if approved in a proceeding granting permission and approval

291 under subsection 1 of section 393.170, an electrical

292 corporation may be permitted to include in the corporation's

293 rate base any amounts recorded to construction work in

294 progress for the investments for which permission is given

295 under subdivision (1) of subsection 5 of this section. The

296 inclusion of construction work in progress shall be in lieu

297 of any otherwise applicable allowance for funds used during
     SS#2 SB 4  131

298 construction that would have accrued from and after the

299 effective date of new base rates that reflect inclusion of

300 the construction work in progress in rate base. The

301 commission shall determine, in a proceeding under section

302 393.170, the amount of construction work in progress that

303 may be included in rate base. The amount shall be limited

304 by:

305      (a) The estimated cost of such project, identified in

306 subdivision (1) of this subsection; and

307      (b) Project expenditures made within the estimated

308 construction period for such project.

309 Base rate recoveries arising from inclusion of construction
310 work in progress in base rates are subject to refund,
311 together with interest on the refunded amount at the same
312 rate as the rate of interest for delinquent taxes determined
313 by the director of revenue in accordance with section
314 32.065, if and to the extent the commission determines, in a
315 subsequent complaint or general rate proceeding, that
316 construction costs giving rise to the construction work in
317 progress included in rate base were imprudently incurred or
318 if the project for which construction costs have been
319 included in the rate base is not placed in service within a
320 reasonable amount of time, as determined by the commission.
321 Rate base used to determine return deferred under
322 subdivision (2) of subsection 3 of section 393.1400 shall
323 include an offset for rate base that has been used to
324 determine return included in base rates as a result of
325 construction work in progress inclusion in rate base under
326 this subsection. The offset shall apply from and after the
327 in-service date of the asset that has been used to determine
328 return included in base rates as result of construction work
     SS#2 SB 4  132

329 in progress inclusion in rate base under subdivision (1) of

330 subsection 2 of section 393.135.

331  (4) Commission determination of the reasonableness and

332 prudence of a preferred resource plan as set forth in

333 subdivision (1) of this subsection does not preclude the

334 commission from making ratemaking adjustments arising from

335 the electrical corporation's unreasonableness and imprudence

336 in executing the construction or acquisition of the specific

337 supply-side resource, or the specified quantity of supply-

338 side resources, or both, identified by the commission under

339 subdivision (1) of this subsection, during a subsequent

340 general rate or complaint proceeding.

341  6. The commission shall promulgate rules necessary to

342 implement the provisions of this section. Any rule or

343 portion of a rule, as that term is defined in section

344 536.010, that is created under the authority delegated in

345 this section shall become effective only if it complies with

346 and is subject to all of the provisions of chapter 536 and,

347 if applicable, section 536.028. This section and chapter

348 536 are nonseverable and if any of the powers vested with

349 the general assembly pursuant to chapter 536 to review, to

350 delay the effective date, or to disapprove and annul a rule

351 are subsequently held unconstitutional, then the grant of

352 rulemaking authority and any rule proposed or adopted after

353 August 28, 2025, shall be invalid and void.

354  7. As used in this section, the following terms shall

355 mean:

356  (1) "Electrical corporation", the same as defined in

357 section 386.020, but shall not include an electrical

358 corporation as described in subsection 2 of section 393.110;

359  (2) "Firm gas transportation", an anticipated

360 agreement entered into between the electrical corporation
     SS#2 SB 4            133

361 and a natural gas transmission provider for a set period of

362 time to provide firm delivery of natural gas to an electric

363 generation facility;

364  (3) "Generation attribute", the capacity, energy, and

365 other generating unit capabilities used in regional energy

366 and capacity markets to differentiate services that can be

367 provided by various types of generating units.

                          
Every fact on this page links to its source, starting with the official bill record.