Effective - 28 Aug 2019, 2 histories
260.035. Powers of authority — authority employee membership in state employees' retirement system. — 1. The authority is hereby granted and may exercise all powers necessary or appropriate to carry out and effectuate its purposes pursuant to the provisions of sections 260.005 to 260.125, including, but not limited to, the following:
(1) To adopt bylaws and rules after having held public hearings thereon for the regulation of its affairs and the conduct of its business;
(2) To adopt an official seal;
(3) To maintain a principal office and such other offices within the state as it may designate;
(4) To sue and be sued;
(5) To make and execute leases, contracts, releases, compromises, and other instruments necessary or convenient for the exercise of its powers or to carry out its purposes;
(6) To acquire, construct, reconstruct, enlarge, improve, furnish, equip, maintain, repair, operate, lease, finance, and sell equipment, structures, systems, and projects and to lease the same to any private person, firm, or corporation, or to any public body, political subdivision, or municipal corporation. Any such lease may provide for the construction of the project by the lessee;
(7) To issue bonds and notes as hereinafter provided and to make, purchase, or participate in the purchase of loans or municipal obligations and to guarantee loans to finance the acquisition, construction, reconstruction, enlargement, improvement, furnishing, equipping, maintaining, repairing, operating, or leasing of a project;
(8) To invest any funds not required for immediate disbursement in obligations of the state of Missouri or of the United States or any agency or instrumentality thereof, or in bank certificates of deposit; provided, however, the foregoing limitations on investments shall not apply to proceeds acquired from the sale of bonds or notes which are held by a corporate trustee pursuant to section 260.060;
(9) To acquire by gift or purchase, hold and dispose of real and personal property in the exercise of its powers and the performance of its duties hereunder;
(10) To employ managers and other employees and retain or contract with architects, engineers, accountants, financial consultants, attorneys, and such other persons, firms, or corporations who are necessary in its judgment to carry out its duties, and to fix the compensation thereof;
(11) To receive and accept appropriations, bequests, gifts, and grants and to utilize or dispose of the same to carry out its purposes pursuant to the provisions of sections 260.005 to 260.125;
(12) To engage in research and development with respect to pollution control facilities and solid waste or sewage disposal facilities, water facilities, resource recovery facilities, and the development of energy resources;
(13) To collect rentals, fees, and other charges in connection with its services or for the use of any project hereunder;
(14) To sell at private sale any of its property or projects to any private person, firm, or corporation, or to any public body, political subdivision, or municipal corporation, on such terms as it deems advisable, including the right to receive for such sale the note or notes of any such person to whom the sale is made. Any such sale shall provide for payments adequate to pay the principal of and interest and premiums, if any, on the bonds or notes issued to finance such project or portion thereof. Any such sale may provide for the construction of the project by the purchaser of the project;
(15) To make, purchase, or participate in the purchase of loans to finance the development and marketing of:
(a) Means of energy production utilizing energy sources other than fossil or nuclear fuel, including, but not limited to, wind, water, solar, biomass, solid waste, and other renewable energy resource technologies;
(b) Fossil fuels and recycled fossil fuels which are indigenous energy resources produced in the state of Missouri, including coal, heavy oil, and tar sands; and
(c) Synthetic fuels produced in the state of Missouri;
(16) To insure any loan, the funds of which are to be used for the development and marketing of energy resources as authorized by sections 260.005 to 260.125;
(17) To make temporary loans, with or without interest, but with such security for repayment as the authority deems reasonably necessary and practicable, to defray development costs of energy resource development projects;
(18) To collect reasonable fees and charges in connection with making and servicing its loans, notes, bonds and obligations, commitments, and other evidences of indebtedness made, issued or entered into to develop energy resources, and in connection with providing technical, consultative, and project assistance services in the area of energy development. Such fees and charges shall be limited to the amounts required to pay the costs of the authority, including operating and administrative expenses, and reasonable allowance for losses which may be incurred;
(19) To enter into agreements or other transactions with any federal or state agency, any person and any domestic or foreign partnership, corporation, association, or organization to carry out the provisions of sections 260.005 to 260.125;
(20) To sell, at public or private sale, any mortgage and any real or personal property subject to that mortgage, negotiable instrument, or obligation securing any loan;
(21) To procure insurance against any loss in connection with its property in such amounts, and from such insurers, as may be necessary or desirable;
(22) To consent to the modification of the rate of interest, time of payment for any installment of principal or interest, or any other terms, of any loan, loan commitment, temporary loan, contract, or agreement made directly by the authority;
(23) To make and publish rules and regulations concerning its lending, insurance of loans, and temporary lending to defray development costs, along with such other rules and regulations as are necessary to effectuate its purposes. No rule or portion of a rule promulgated under the authority of sections 260.005 to 260.125 shall become effective unless it has been promulgated pursuant to the provisions of section 536.024;
(24) To borrow money to carry out and effectuate its purpose in the area of energy resource development and to issue its negotiable bonds or notes as evidence of any such borrowing in such principal amounts and upon such terms as shall be determined by the authority, and to secure such bonds or notes by the pledge of revenues, mortgages, or notes of others as authorized by sections 260.005 to 260.125.
2. The authority shall develop a hazardous waste facility if the study required in section 260.037* demonstrates that a facility is economically feasible. The facility, which shall not include a hazardous waste landfill, may be operated by any eligible party as specified in this section. The authority shall begin development of the facility by July 1, 1985.
3. All employees of the authority shall be eligible for membership in the Missouri state employees' retirement system, subject to all provisions in chapters 104 and 105 applicable to the system.
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(L. 1972 H.B. 1041 § 7, A.L. 1980 2d Ex. Sess. H.B. 5, et al., A.L. 1982 S.B. 506, A.L. 1983 H.B. 528, A.L. 1985 H.B. 807, A.L. 1995 S.B. 3, A.L. 2019 S.B. 17 merged with S.B. 185)
*Section 260.037 was repealed by S.B. 613 Revision, 2007.
CROSS REFERENCE:
Multinational banks, securities and obligations of, investment in, when, 409.950
Structure Missouri Revised Statutes
Title XVI - Conservation, Resources and Development
Chapter 260 - Environmental Control
Section 260.005 - Definitions.
Section 260.010 - Authority created.
Section 260.015 - Purpose of authority.
Section 260.020 - Membership of authority, appointed how, terms, quorum.
Section 260.025 - Officers, how selected.
Section 260.030 - Compensation and expenses.
Section 260.040 - Revenue bonds, issued when — sale, limitations — procedure — rate.
Section 260.045 - Notes issued when, how sold.
Section 260.050 - Renewal notes or refunding bonds issued when.
Section 260.055 - Resolution authorizing notes or bonds, contents of.
Section 260.060 - Resolution may provide for trust agreements.
Section 260.065 - Notes and bonds not an indebtedness of the state.
Section 260.070 - Notes and bonds approved as investments — who may invest.
Section 260.075 - Projects subject to taxation — notes, bonds and their income tax free, exceptions.
Section 260.085 - Termination or dissolution, property to pass to state.
Section 260.095 - Contracts between authority and political subdivisions, purpose.
Section 260.100 - Authority member not personally liable on notes or bonds issued.
Section 260.110 - Statutory conflicts, which prevails.
Section 260.120 - Interest rate on loans.
Section 260.125 - Severability.
Section 260.200 - Definitions.
Section 260.204 - Permit for treatment of infectious waste, not to be issued, when.
Section 260.211 - Demolition waste, criminal disposition of — penalties — conspiracy.
Section 260.212 - Solid waste, criminal disposition of — penalties — conspiracy.
Section 260.213 - Disclosure of landfill, sale of property, required.
Section 260.216 - Solid waste disposal in receptacle of another, prohibited — penalty.
Section 260.220 - Plans to be submitted, contents of — disapproval, effect of.
Section 260.221 - Processed recycled asphalt shingles — definitions — use without permit, when.
Section 260.236 - Severability of provisions.
Section 260.241 - Permit not to be issued, when.
Section 260.243 - Buffer zone required, commercial processing facility, how determined.
Section 260.245 - Tax, how levied — limitation — form of ballot.
Section 260.260 - Batteries, lead-acid, disposal of restricted — penalty.
Section 260.262 - Retailers of lead-acid batteries, duties — notice to purchaser, contents.
Section 260.264 - Notices to public, batteries, duties of department.
Section 260.266 - Wholesalers of lead-acid batteries, duties — storage of batteries, requirements.
Section 260.269 - In-state private entity disposal permitted, when.
Section 260.273 - Fee, sale of new tires, amount — collection, use of moneys — termination.
Section 260.300 - Regions, division of state into — procedures, purpose.
Section 260.302 - County may apply for change in region, when, procedures.
Section 260.310 - Contractual authority, powers.
Section 260.324 - Grants, familial relationships not a disqualifier — voting restrictions.
Section 260.350 - Short title.
Section 260.355 - Exempted wastes.
Section 260.360 - Definitions.
Section 260.371 - Severability clause, exceptions.
Section 260.372 - Powers and duties of commission.
Section 260.375 - Duties of department — licenses required — permits required.
Section 260.377 - Inspection by department.
Section 260.385 - Activities not allowed and requirements to be met by hazardous waste transporters.
Section 260.400 - Procedure for conducting public hearings.
Section 260.405 - Variances granted, when.
Section 260.410 - Department to enforce standards, rules and regulations — appeal authorized.
Section 260.415 - Appeals — other remedies available, costs.
Section 260.420 - Imminent hazard, action to be taken.
Section 260.423 - Facility ordered to accept waste, reimbursement rate disagreement, procedure.
Section 260.424 - Underground injection prohibited.
Section 260.425 - Violations, how punished.
Section 260.429 - No permit in non-karst area of state over groundwater divide.
Section 260.430 - Confidential information — illegal disclosure, penalty.
Section 260.437 - Rules and regulations, authority.
Section 260.445 - Abandoned and uncontrolled sites, annual report, content — sent to whom.
Section 260.455 - Registry, proposed site addition, procedure, notice.
Section 260.460 - Listing or proposed listing of site in registry, procedure to remove.
Section 260.470 - Recording of sites, placed on or removed from registry — removal procedure.
Section 260.480 - Transfer of moneys in the hazardous waste remedial fund to hazardous waste fund.
Section 260.482 - Incineration of certain material by Department of Defense, limitation.
Section 260.500 - Definitions.
Section 260.510 - Hazardous substances, director's powers and duties.
Section 260.515 - Actions to abate, control or clean up not construed as admission of liability.
Section 260.520 - Rules and regulations, limitation — procedure.
Section 260.525 - Investigation, no person to refuse entry — search warrant to be issued.
Section 260.535 - Hazardous waste fund, deposits to — purpose for use.
Section 260.540 - State employees acting in official capacity, liability.
Section 260.550 - Information to be available to public, exceptions.
Section 260.565 - Definitions.
Section 260.571 - Hazardous waste management commission may promulgate rules, scope.
Section 260.573 - Completion of plan, department to issue letter, contents — effect.
Section 260.575 - False information, submission of — penalty.
Section 260.602 - Authorities' articles of incorporation, content.
Section 260.603 - Articles filed where — secretary of state, duties.
Section 260.605 - Board of directors, number, qualifications, election, term.
Section 260.607 - Powers and duties of board.
Section 260.609 - Authority, state and state employees no liability, when.
Section 260.700 - Membership authorized — compact — purposes.
Section 260.705 - Definitions.
Section 260.730 - Tax levy authorized for counties containing regional disposal facilities.
Section 260.750 - Environmental radiation monitoring program and fund established — purposes.
Section 260.800 - Definitions.
Section 260.805 - Electric suppliers to purchase electricity generated, rate allowable.
Section 260.810 - Extraordinary costs and interconnection charges paid by governing body.
Section 260.815 - Loss of revenue, rate case before public service commission allowable.
Section 260.818 - Definitions.
Section 260.819 - Removal costs and damages, liability, limitations.
Section 260.820 - Definitions.
Section 260.822 - Content concentration of certain elements, restrictions.
Section 260.900 - Definitions.
Section 260.910 - Violations of dry-cleaning remediation laws — civil damages.
Section 260.915 - Registration of dry-cleaning facilities with department.
Section 260.945 - Surcharges not collected, when.
Section 260.950 - Judicial review.
Section 260.955 - Department to report on fund, corrective action from fund.
Section 260.965 - Expiration date.
Section 260.1000 - Citation of law.
Section 260.1003 - Definitions.
Section 260.1009 - Contents of a covenant.
Section 260.1012 - Enforceability of covenants, criteria.
Section 260.1015 - Use of real property subject to zoning laws and recorded instruments.
Section 260.1018 - Copy of covenant to be provided, to whom.
Section 260.1021 - Recording of a covenant, procedure.
Section 260.1024 - Covenants are perpetual, exceptions — department may terminate covenants, when.
Section 260.1036 - Inapplicability to storage tanks.
Section 260.1039 - Effect of act on certain federal laws.
Section 260.1050 - Citation of act.
Section 260.1053 - Definitions.
Section 260.1059 - Applicability of act — exceptions.
Section 260.1065 - Labeling requirements for sale of new equipment.
Section 260.1068 - Information on computer materials, immunity from liability, when.
Section 260.1071 - Department to educate consumers — internet site required.
Section 260.1077 - Financial and proprietary information not a public record.
Section 260.1080 - Report to legislative committees.
Section 260.1083 - Fee not authorized, when.
Section 260.1092 - Federal law may preempt, when.