reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.853 - Voluntary dissolution, articles, contents, submission to secretary of state.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 23 Dec 1997, see footnote
393.853. Voluntary dissolution, articles, contents, submission to secretary of state. —
1. A nonprofit sewer company which has not commenced business may dissolve voluntarily by delivering to the secretary of state articles of dissolution, executed and acknowledged in duplicate on behalf of the company by a majority of the incorporators, which shall state:
(1) The name of the nonprofit sewer company;
(2) The address of its principal office;
(3) The date of its incorporation;
(4) That the company has not commenced business;
(5) That the amount, if any, actually paid in on account of membership fees, less any part thereof disbursed for necessary expenses, has been returned to those entitled thereto and that all easements shall have been released to the grantors;
(6) That no debt of the company remains unpaid; and
(7) That a majority of the incorporators elect that the company be dissolved.
2. Such articles of dissolution shall be submitted to the secretary of state for filing.
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(L. 1997 2d Ex. Sess. H.B. 1 merged with S.B. 3)
Effective 12-23-97
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.857 - Construction of laws relating to nonprofit sewer companies.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 23 Dec 1997, see footnote
393.857. Construction of laws relating to nonprofit sewer companies. —
Sections 393.825 to 393.861 and section 393.175 shall be construed liberally. The enumeration of any object, purpose, power, manner, method or thing shall not be deemed to exclude like or similar objects, purposes, powers, manners, methods or things. To the extent that sections 393.825 to 393.861 and section 393.175 do
*
not speak to an issue, the provisions applicable to mutual benefit not-for-profit corporations or limited liability companies, as the nonprofit sewer company may elect in its articles of incorporation, which are not inconsistent with the provisions of sections 393.825 to 393.861 and section 393.175 shall apply to nonprofit sewer companies.
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(L. 1997 2d Ex. Sess. H.B. 1 merged with S.B. 3)
Effective 12-23-97
*Word "does" appears in original rolls.
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.861 - Private property of members exempt from execution for debts of company.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 23 Dec 1997, see footnote
393.861. Private property of members exempt from execution for debts of company. —
The private property of the members of a nonprofit sewer company shall be exempt from execution for the debts of the company and no member shall be liable or responsible for any debts of the company.
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(L. 1997 2d Ex. Sess. H.B. 1 merged with S.B. 3)
Effective 12-23-97
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.909 - May amend articles of incorporation, how.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 28 Aug 1999
393.909. May amend articles of incorporation, how. —
A company may amend its articles of incorporation by complying with the following requirements:
(1) The proposed amendment shall be first approved by the board of directors and shall then be submitted to a vote of the members at any annual or special meeting of such members, the notice of which shall set forth the proposed amendment. The proposed amendment, with such changes as the members shall choose to make to such amendment, shall be approved on the affirmative vote of not less than two-thirds of those members voting on such amendment at such meeting; and
(2) (a) Upon such approval by the members, articles of amendment shall be executed and acknowledged in duplicate on behalf of the company by its president or vice president and its corporate seal shall be affixed thereto and attested by its secretary. The articles of amendment shall recite in the caption that they are executed pursuant to sections 393.900 to 393.951 and shall state:
a. The name of the company;
b. The address of its principal office;
c. The date of the filing of its articles of incorporation in the office of the secretary of state; and
d. The amendment to its articles of incorporation.
(b) The president or vice president executing such articles of amendment shall also make and annex to each copy of such articles an affidavit stating that the provisions of sections 393.900 to 393.951 were duly complied with.
(c) Such articles of amendment and affidavit shall be submitted to the secretary of state for filing.
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(L. 1999 H.B. 450 § 4 merged with S.B. 160 & 82 § 4)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.912 - Change of principal office, how.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 28 Aug 1999
393.912. Change of principal office, how. —
A company may, upon authorization of a majority of the members at any regular or special meeting, change the location of its principal office by filing a certificate of change of principal office, executed and acknowledged in duplicate by its president or vice president under its seal attested by its secretary, in the office of the secretary of state. Such company shall also, within thirty days after the filing of such certificate of change of principal office, file certified copies of its articles of incorporation and all amendments to such articles, if the same are not already on file.
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(L. 1999 H.B. 450 § 5 merged with S.B. 160 & 82 § 5)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.915 - Certain articles to be filed with secretary of state and shall take effect upon being filed by secretary of state.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 28 Aug 1999
393.915. Certain articles to be filed with secretary of state and shall take effect upon being filed by secretary of state. —
1. Articles of incorporation, amendment, consolidation, merger, conversion, or dissolution, as the case may be, when executed and acknowledged in duplicate and accompanied by such affidavits as may be required by applicable provisions of sections 393.900 to 393.951, shall be presented to the secretary of state for filing in the records of the office of the secretary of state.
2. If the secretary of state shall find that the articles presented conform to the requirements of sections 393.900 to 393.951, he or she shall file one copy of the articles so presented in the records of the office of the secretary of state and upon such filing the incorporation, amendment, consolidation, merger, conversion or dissolution provided for in such articles shall be in effect.
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(L. 1999 H.B. 450 § 6 merged with S.B. 160 & 82 § 6)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.918 - Securities law not to apply, when.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 28 Aug 1999
393.918. Securities law not to apply, when. —
The provisions of the securities law of this state shall not apply to any note, bond or other evidence of indebtedness issued by any nonprofit water company transacting business in this state pursuant to sections 393.900 to 393.951 to the United States of America or to any agency or instrumentality of the United States of America, or to any mortgage or deed of trust executed to secure such indebtedness. The provisions of the securities law of this state shall not apply to the issuance of membership certificates by any nonprofit water company.
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(L. 1999 H.B. 450 § 7 merged with S.B. 160 & 82 § 7)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.921 - Members must use services of nonprofit water company if available — membership not transferable, exception — meetings, how called, notice, procedure.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 28 Aug 1999
393.921. Members must use services of nonprofit water company if available — membership not transferable, exception — meetings, how called, notice, procedure. —
1. No person shall become a member of a nonprofit water company unless such person shall agree to use services furnished by the company when such shall be available through its facilities. The bylaws of a company shall provide that any person, including an incorporator, shall cease to be a member of such company if such person shall fail or refuse to use services made available by the company or if services shall not be made available to such person by the company within a specified time after such person shall have become a member of such company. Membership in the company shall not be transferable, except as provided in the bylaws. The bylaws may prescribe additional qualifications and limitations with respect to membership.
2. An annual meeting of the members shall be held at such time as shall be provided in the bylaws.
3. Special meetings of the members may be called by the board of directors, by any three directors, by not less than ten percent of the members or by the president.
4. Meetings of members shall be held at such place as may be provided in the bylaws. In the absence of any such provisions, all meetings shall be held in the city or town in which the principal office of the company is located.
5. Except as otherwise provided in sections 393.900 to 393.951, written or printed notice stating the time and place of each meeting of members and, in the case of a special meeting, the purpose or purposes for which the meeting is called, shall be given to each member, either personally or by mail, not less than ten nor more than twenty-five days before the date of the meeting.
6. Two percent of the members, present in person or by mail or proxy shall constitute a quorum for the transaction of business at all meetings of the members, unless the bylaws prescribe the presence of a greater percentage of the members for a quorum. If less than a quorum is present at any meeting, a majority of those present in person may adjourn the meeting from time to time without further notice.
7. Each member shall be entitled to one vote on each matter submitted to a vote at a meeting. Voting shall be in person, but, if the bylaws so provide, may also be by proxy or by mail, or both. If the bylaws provide for voting by proxy or by mail, they shall also prescribe the conditions under which proxy or mail voting shall be exercised.
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(L. 1999 H.B. 450 § 8 and L. 1999 S.B. 160 & 82 § 8, A.L. 2011 H.B. 315)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.924 - Company territory may be divided into voting districts.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 28 Aug 1999
393.924. Company territory may be divided into voting districts. —
Notwithstanding any other provision of law, the bylaws may provide that the territory in which a company supplies water services may be divided into two or more voting districts for the purpose of properly distributing its directors over the area in which its members reside. In such case the bylaws shall prescribe the manner in which such voting districts shall function in the election of directors at annual meetings.
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(L. 1999 H.B. 450 § 9 merged with S.B. 160 & 82 § 9)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.927 - Board of directors, powers, duties, number, terms of office, procedure.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 28 Aug 1999
393.927. Board of directors, powers, duties, number, terms of office, procedure. —
1. The business and affairs of a company shall be managed by a board of not less than five directors, each of whom shall be a member of the company. The bylaws shall prescribe the number of directors, their qualifications, other than those provided for in sections 393.900 to 393.951, the manner of holding meetings of the board of directors and of the election of successors to directors who shall resign, die or otherwise be incapable of acting. The bylaws may also provide for the removal of directors from office and for the election of their successors. Without approval of the members, directors shall not receive any salaries for their services as directors. The bylaws may, however, provide that a fixed fee and expenses of attendance, if any, may be allowed to each director for attendance at each meeting of the board of directors.
2. The directors of a company named in any articles of incorporation, consolidation, merger or conversion, as the case may be, shall hold office until the next following annual meeting of the members or until their successors shall have been elected and qualified.
3. The bylaws shall provide that the directors shall be divided into three classes, each class to be as nearly equal in number as possible, with the term of office of the directors of the first class to expire at the next succeeding annual meeting, the term of the second class to expire at the second succeeding annual meeting and the term of the third class to expire at the third succeeding annual meeting. At each annual meeting after such classification, a number of directors equal to the number of the class whose term expires at the time of such meeting shall be elected to hold office until the third succeeding annual meeting.
4. A majority of the board of directors shall constitute a quorum.
5. The board of directors may exercise all of the powers of a company except those conferred upon the members by sections 393.900 to 393.951, its articles of incorporation or its bylaws. Nothing in sections 393.900 to 393.951 shall be deemed to prohibit a nonprofit water company from contracting with any other person or entity for any services needed by the nonprofit water company including, but not limited to, management or operations services.
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(L. 1999 H.B. 450 § 10 merged with S.B. 160 & 82 § 10)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.930 - Officers, qualifications, powers and duties, terms of office.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 28 Aug 1999
393.930. Officers, qualifications, powers and duties, terms of office. —
The officers of a nonprofit water company shall consist of a president, vice president, secretary and treasurer, who shall be elected annually. No person shall continue to hold the offices of president or vice president after he or she shall have ceased to be a director. The offices of secretary and of treasurer may be held by the same person and need not be a member of the board of directors. The board of directors may also elect or appoint such other officers, agents or employees as it shall deem necessary or advisable and shall prescribe the powers and duties of such officers, agents and employees. Any officer may be removed from office and such officer's successor elected in the manner prescribed in the bylaws.
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(L. 1999 H.B. 450 § 11 merged with S.B. 160 & 82 § 11)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.933 - Compliance with department of natural resources and other laws — public service commission not to have jurisdiction.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 28 Aug 2007
393.933. Compliance with department of natural resources and other laws — public service commission not to have jurisdiction. —
1. Every nonprofit water company constructing, maintaining and operating its water lines and treatment facilities shall construct, maintain and operate such lines and facilities in conformity with the rules and regulations relating to the manner and methods of construction, maintenance and operation and as to safety of the public with other lines and facilities now or hereafter from time to time prescribed by the department of natural resources or by law for the construction, maintenance and operation of such lines or systems. The jurisdiction, supervision, powers and duties of the department of natural resources shall extend to every such nonprofit water company so far as it concerns the construction, maintenance and operation of the physical equipment of such company to the extent of providing for the safety of employees and the general public.
2. Notwithstanding any provision of sections 393.900 to 393.954 to the contrary, a nonprofit water company shall not be eligible to obtain a construction permit or a permit to dispense unless a waiver from all affected political subdivisions is obtained for a site where:
(1) A municipality, county, or public water supply district operates a water system; or
(2) A connection to a water system is required by a municipal or county ordinance.
3. The public service commission shall not have jurisdiction over the construction, maintenance or operation of the water facilities, service, rates, financing, accounting or management of any nonprofit water company; except that, the public service commission shall have authority to approve the reorganization of any existing company regulated by the public service commission.
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(L. 1999 H.B. 450 § 12 merged with S.B. 160 & 82 § 12, A.L. 2007 S.B. 22)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.936 - Revenues to be distributed, when.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 28 Aug 1999
393.936. Revenues to be distributed, when. —
Revenues of a nonprofit water company for any fiscal year in excess of the amount necessary:
(1) To defray expenses of the company and of the operation and maintenance of its facilities during such fiscal year;
(2) To pay interest and principal obligations of the company coming due in such fiscal year;
(3) To finance, or to provide a reserve for the financing of, the construction or acquisition by the company of additional facilities to the extent determined by the board of directors;
(4) To provide a reasonable reserve for working capital;
(5) To provide a reserve for the payment of indebtedness of the company maturing more than one year after the date of the incurrence of such indebtedness in an amount not less than the total of the interest and principal payments on such indebtedness that are required to be made during the next following fiscal year; and
(6) To provide a fund for education in the effective use of services made available by the company;
­­shall, unless otherwise determined by a vote of the members, be distributed by the company to its members as patronage refunds prorated in accordance with the patronage of the company by the respective members paid for during such fiscal year.
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(L. 1999 H.B. 450 § 13 merged with S.B. 160 & 82 § 13)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.939 - Prepayment of indebtedness permitted.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 28 Aug 1999
393.939. Prepayment of indebtedness permitted. —
Nothing in sections 393.900 to 393.951 shall be construed to prohibit the payment by a company of all or any part of its indebtedness prior to the date when such indebtedness shall become due.
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(L. 1999 H.B. 450 § 14 merged with S.B. 160 & 82 § 14)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.942 - Voluntary dissolution before commencing operations.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 28 Aug 1999
393.942. Voluntary dissolution before commencing operations. —
1. A nonprofit water company which has not commenced business may dissolve voluntarily by delivering to the secretary of state articles of dissolution, executed and acknowledged in duplicate on behalf of the company by a majority of the incorporators, which shall state:
(1) The name of the nonprofit water company;
(2) The address of its principal office;
(3) The date of its incorporation;
(4) That the company has not commenced business;
(5) That the amount, if any, actually paid in on account of membership fees, less any part of such fees disbursed for necessary expenses, has been returned to those entitled to such fees and that all easements shall have been released to the grantors;
(6) That no debt of the company remains unpaid; and
(7) That a majority of the incorporators elect that the company be dissolved.
2. Such articles of dissolution shall be submitted to the secretary of state for filing.
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(L. 1999 H.B. 450 § 15 merged with S.B. 160 & 82 § 15)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.948 - Nonprofit water company law construed liberally, may elect to follow certain corporate laws in articles of incorporation.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 28 Aug 1999
393.948. Nonprofit water company law construed liberally, may elect to follow certain corporate laws in articles of incorporation. —
Sections 393.900 to 393.951 shall be construed liberally. The enumeration of any object, purpose, power, manner, method or thing shall not be deemed to exclude like or objects, purposes, powers, manners, methods or things. To the extent that sections 393.900 to 393.951 do not speak to an issue, the provisions applicable to mutual benefit not-for-profit corporations or limited liability companies, as the nonprofit water company may elect in its articles of incorporation, which are not inconsistent with the provisions of sections 393.900 to 393.951 shall apply to nonprofit water companies.
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(L. 1999 H.B. 450 § 17 merged with S.B. 160 & 82 § 17)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.951 - Private property of members exempt from execution — members not liable for debts of company.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 28 Aug 1999
393.951. Private property of members exempt from execution — members not liable for debts of company. —
The private property of the members of a nonprofit water company shall be exempt from execution for the debts of the company and no member shall be liable or responsible for any debts of the company.
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(L. 1999 H.B. 450 § 18 merged with S.B. 160 & 82 § 18)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.954 - Claims against insured nonprofit water company after dissolution, procedure.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 28 Aug 1999
393.954. Claims against insured nonprofit water company after dissolution, procedure. —
1. Notwithstanding any other provision of law to the contrary, except as provided in subsection 2 of this section, a claim against a nonprofit water company dissolved pursuant to sections 393.900 to 393.951 for which the nonprofit water company has a contract of insurance which will indemnify such corporation for any adverse result from such claim:
(1) Is not barred by the dissolution of such nonprofit water company;
(2) May be asserted at any time within the statutory period otherwise authorized provided by law for such claims;
(3) May be asserted against the dissolved or dissolving nonprofit water company, with service to be made upon the officer who signed the articles of dissolution, and, at the request of the party bringing the suit, the court shall appoint a defendant ad litem.
2. Judgments obtained in suits filed and prosecuted pursuant to this section shall only be enforceable against one or more contracts of insurance issued to the corporation, its officers, directors, agents, servants or employees, indemnifying them, or any of them, against such claims.
3. Suits against nonprofit water companies shall be brought either in the county in which the cause of action accrued or in any county in which the nonprofit water company has or prior to dissolution had an office for the transaction of business.
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(L. 1999 S.B. 160 & 82 § 19)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.1000 - Definitions.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 28 Aug 2003
393.1000. Definitions. —
As used in sections 393.1000 to 393.1006, the following terms mean:
(1)
"Appropriate pretax revenues"
, the revenues necessary to produce net operating income equal to:
(a) The water corporation's weighted cost of capital multiplied by the net original cost of eligible infrastructure system replacements, including recognition of accumulated deferred income taxes and accumulated depreciation associated with eligible infrastructure system replacements which are included in a currently effective ISRS; and
(b) Recover state, federal, and local income or excise taxes applicable to such income; and
(c) Recover all other ISRS costs;
(2)
"Commission"
, the Missouri public service commission;
(3)
"Eligible infrastructure system replacements"
, water utility plant projects that:
(a) Replace or extend the useful life of existing infrastructure;
(b) Are in service and used and useful;
(c) Do not increase revenues by directly connecting the infrastructure replacement to new customers; and
(d) Were not included in the water corporation's rate base in its most recent general rate case;
(4)
"ISRS"
, infrastructure system replacement surcharge;
(5)
"ISRS costs"
, depreciation expenses and property taxes that will be due within twelve months of the ISRS filing;
(6)
"ISRS revenues"
, revenues produced through an ISRS, exclusive of revenues from all other rates and charges;
(7)
"Water corporation"
, every corporation, company, association, joint stock company or association, partnership, and person, their lessees, trustees, or receivers appointed by any court whatsoever, owning, operating, controlling, or managing any plant or property, dam or water supply, canal, or power station, distributing or selling for distribution, or selling or supplying for gain any water to more than ten thousand customers;
(8)
"Water utility plant projects"
may consist only of the following:
(a) Mains, and associated valves and hydrants, installed as replacements for existing facilities that have worn out or are in deteriorated condition;
(b) Main cleaning and relining projects; and
(c) Facilities relocations required due to construction or improvement of a highway, road, street, public way, or other public work by or on behalf of the United States, this state, a political subdivision of this state, or another entity having the power of eminent domain provided that the costs related to such projects have not been reimbursed to the water corporation.
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(L. 2003 H.B. 208)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.1003 - Rate schedules, procedures to establish or change (St. Louis County).

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 28 Aug 2003
393.1003. Rate schedules, procedures to establish or change (St. Louis County). —
1. Notwithstanding any provisions of chapter 386 and this chapter to the contrary, as of August 28, 2003, a water corporation providing water service in a county with a charter form of government and with more than one million inhabitants may file a petition and proposed rate schedules with the commission to establish or change ISRS rate schedules that will allow for the adjustment of the water corporation's rates and charges to provide for the recovery of costs for eligible infrastructure system replacements made in such county with a charter form of government and with more than one million inhabitants; provided that an ISRS, on an annualized basis, must produce ISRS revenues of at least one million dollars but not in excess of ten percent of the water corporation's base revenue level approved by the commission in the water corporation's most recent general rate proceeding. An ISRS and any future changes thereto shall be calculated and implemented in accordance with the provisions of sections 393.1000 to 393.1006. ISRS revenues shall be subject to refund based upon a finding and order of the commission, to the extent provided in subsections 5 and 8 of section 393.1006.
2. The commission shall not approve an ISRS for a water corporation in a county with a charter form of government and with more than one million inhabitants that has not had a general rate proceeding decided or dismissed by issuance of a commission order within the past three years, unless the water corporation has filed for or is the subject of a new general rate proceeding.
3. In no event shall a water corporation collect an ISRS for a period exceeding three years unless the water corporation has filed for or is the subject of a new general rate proceeding; provided that the ISRS may be collected until the effective date of new rate schedules established as a result of the new general rate proceeding, or until the subject general rate proceeding is otherwise decided or dismissed by issuance of a commission order without new rates being established.
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(L. 2003 H.B. 208)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.1020 - Citation of law.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 04 Nov 2008, 2 histories, see footnote
393.1020. Citation of law. —
Sections 393.1025 and
*
393.1030 shall be known as the "Renewable Energy Standard".
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(L. 2007 S.B. 54, A.L. 2008 Adopted by Initiative, Proposition C, November 4, 2008)
*Word "to" appears in original rolls.
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.1025 - Definitions.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 28 Aug 2018, 4 histories
393.1025. Definitions. —
As used in sections 393.1020 to 393.1030, the following terms mean:
(1)
"Commission"
, the public service commission;
(2)
"Department"
, the department of economic development;
(3)
"Electric utility"
, any electrical corporation as defined by section 386.020;
(4)
"Renewable energy credit"
or
"REC"
, a tradeable certificate of proof that one megawatt-hour of electricity has been generated from renewable energy sources; and
(5)
"Renewable energy resources"
, electric energy produced from wind, solar thermal sources, photovoltaic cells and panels, dedicated crops grown for energy production, cellulosic agricultural residues, plant residues, methane from landfills, from agricultural operations, or from wastewater treatment, thermal depolymerization or pyrolysis for converting waste material to energy, clean and untreated wood such as pallets, hydropower (not including pumped storage) that does not require a new diversion or impoundment of water and that has a nameplate rating of ten megawatts or less, fuel cells using hydrogen produced by one of the above-named renewable energy sources, and other sources of energy not including nuclear that become available after November 4, 2008, and are certified as renewable by rule by the department.
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(L. 2007 S.B. 54, A.L. 2008 Adopted by Initiative, Proposition C, November 4, 2008, A.L. 2010 S.B. 795, A.L. 2018 S.B. 975 & 1024 Revision)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.1040 - Encouragement of reduced consumption, objective of act.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
Effective - 01 Jan 2008, see footnote
393.1040. Encouragement of reduced consumption, objective of act. —
In addition to the renewable energy objectives set forth in sections 393.1025, 393.1030, and 393.1035, it is also the policy of this state to encourage electrical corporations to develop and administer energy efficiency initiatives that reduce the annual growth in energy consumption and the need to build additional electric generation capacity.
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(L. 2007 S.B. 54)
Effective 1-01-08
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.1045 - Cap on increase in retail charges based on renewable mandates.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 28 Aug 2008
393.1045. Cap on increase in retail charges based on renewable mandates. —
Any renewable mandate required by law shall not raise the retail rates charged to the customers of electric retail suppliers by an average of more than one percent in any year, and all the costs associated with any such renewable mandate shall be recoverable in the retail rates charged by the electric supplier. Solar rebates shall be included in the one percent rate cap provided for in this section.
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(L. 2008 S.B. 1181, et al.)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.1050 - Electrical corporations achieving certain level of renewable energy technology nameplate capacity exempt from certain fees and rebates.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 28 Aug 2008
393.1050. Electrical corporations achieving certain level of renewable energy technology nameplate capacity exempt from certain fees and rebates. —
Notwithstanding any other provision of law, any electrical corporation as defined by subdivision (15)
*
of section 386.020 which, by January 20, 2009, achieves an amount of eligible renewable energy technology nameplate capacity equal to or greater than fifteen percent of such corporation's total owned fossil-fired generating capacity, shall be exempt thereafter from a requirement to pay any installation subsidy, fee, or rebate to its customers that install their own solar electric energy system and shall be exempt from meeting any mandated solar renewable energy standard requirements. Any disputes or denial of exemptions under this section may be reviewable by the circuit court of Cole County as prescribed by law.
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(L. 2008 S.B. 1181, et al. § 1)
*In 2019, statutory reference to subdivision "15" changed to "(15)" in accordance with section 3.060.
(2015) Section was repealed by implication upon adoption of Proposition C (sections 393.1020, 393.1025, and 393.1030 ) on November 4, 2008; the legislature is not authorized to negate in advance an initiative petition approved for circulation and then later approved for adoption. Earth Island Institute v. Union Electric Co., 456 S.W.3d 27 (Mo. en banc).
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.1150 - Suit or claim brought, measure of damages.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
Effective - 28 Aug 2008
393.1150. Suit or claim brought, measure of damages. —
For any electric plant unlawfully constructed after August 28, 2008, in any suit or claim brought by any landowner or other legal entity for monetary damages allegedly caused by the operation or existence of such electric plant, the measure of damages shall be treble the actual damages to the plaintiff's real estate proved as determined by a judge or jury, plus court costs and reasonable attorney fees.
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(L. 2008 S.B. 720)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.1500 - Citation of law.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
• Effective - 28 Aug 2021
393.1500. Citation of law. —
Sections 393.1500 to 393.1509 shall be known and may be cited as the "Missouri Water and Sewer Infrastructure Act".
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(L. 2021 S.B. 44)
Expires 12-31-31
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.1610 - Small scale and private innovative technology investments — definitions.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
Effective - 28 Aug 2018
393.1610. Small scale and private innovative technology investments — definitions. —
1. The commission may approve investments by an electrical corporation in small scale or pilot innovative technology projects, including but not limited to renewable generation, micro grids, or energy storage, if the small scale or pilot project is designed to advance the electrical corporation's operational knowledge of deploying such technologies, including to gain operating efficiencies that result in customer savings and benefits as the technology is scaled across the grid or network.
2. For purposes of this section,
"electrical corporation"
and
"commission"
shall mean the same as defined in section 386.020, but an electrical corporation shall not include an electrical corporation as described in subsection 2 of section 393.110.
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(L. 2018 S.B. 564)
CROSS REFERENCE:
Nonseverability clause, 393.1675
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.1620 - Average and excess method, allocation of costs — limitation on commission consideration for general rates — expiration date.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
Effective - 28 Aug 2021
393.1620. Average and excess method, allocation of costs — limitation on commission consideration for general rates — expiration date. —
1. For the purposes of this section, the following terms shall mean:
(1)
"Average and excess method"
, a method for allocation of production plant costs using factors that consider the classes' average demands and excess demands, determined by subtracting the average demands from the noncoincident peak demands, for the four months with the highest system peak loads. The production plant costs are allocated using the class average and excess demands proportionally based on the system load factor, where the system load factor determines the percentage of production plant costs allocated using the average demands, and the remainder of production plant costs are allocated using the excess demands;
(2)
"Class cost of service study"
, a study designed to allocate a utility's costs to each customer class on the basis of which customer class causes the costs;
(3)
"Commission"
, the Missouri public service commission;
(4)
"Electrical corporation"
, the same as defined in section 386.020, but shall not include an electrical corporation as described in subsection 2 of section 393.110;
(5)
"Production plant costs"
, fixed costs reflected on the electrical corporation's accounting books for the applicable test period, as updated or trued-up, associated with the production or purchase of electricity.
2. In determining the allocation of an electrical corporation's total revenue requirement in a general rate case, the commission shall only consider class cost of service study results that allocate the electrical corporation's production plant costs from nuclear and fossil generating units using the average and excess method or one of the methods of assignment or allocation contained within the National Association of Regulatory Utility Commissioners 1992 manual or subsequent manual.
3. This section shall expire on August 28, 2031.
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(L. 2021 H.B. 734)
Expires 8-28-31
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 393 - Gas, Electric, Water, Heating and Sewer Companies › Section 393.1675 - Nonseverability clause.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 393
Effective - 28 Aug 2018
393.1675. Nonseverability clause. —
Notwithstanding the provisions of section 1.140 to the contrary, the provisions of this act
*
shall be nonseverable, and if any provision is for any reason held to be invalid, such decision shall invalidate all of the remaining provisions of this act
*
.
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(L. 2018 S.B. 564 § 1)
* "This act" (S.B. 564, 2018) contained numerous sections. Consult Disposition of Sections table for a definitive listing.
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 394 - Rural Electric Cooperatives › Section 394.010 - Designation of chapter.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 394
Effective - 28 Aug 1939
394.010. Designation of chapter. —
This chapter may be cited as "The Rural Electric Cooperative Law".
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(RSMo 1939 § 5386)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 394 - Rural Electric Cooperatives › Section 394.020 - Definitions.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 394
• Effective - 28 Aug 2021, 2 histories
394.020. Definitions. —
In this chapter, unless the context otherwise requires,
(1)
"Member"
means each incorporator of a cooperative and each person admitted to and retaining membership therein, and shall include a husband and wife admitted to joint membership;
(2)
"Person"
includes any natural person, firm, association, corporation, business trust, partnership, federal agency, state or political subdivision or agency thereof, or any body politic; and
(3)
"Rural area"
shall be deemed to mean any area of the United States not included within the boundaries of any city, town or village having a population in excess of sixteen hundred inhabitants, and such term shall be deemed to include both the farm and nonfarm population thereof. The number of inhabitants specified in this subdivision
*
shall be increased by six percent every ten years after each decennial census beginning in 2030.
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(RSMo 1939 § 5415, A.L. 2021 H.B. 271 merged with H.B. 734 merged with S.B. 44)
*Word "subsection" appears in original rolls of H.B. 271 and H.B. 734, 2021.
(1961) In action by rural electric cooperative on contract for sale of electric power, members of cooperative held disqualified as jurors. Ozark Border Electric Cooperative v. Stacy (A.), 348 S.W.2d 586.
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 394 - Rural Electric Cooperatives › Section 394.030 - Formation of cooperative corporations authorized.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 394
Effective - 28 Aug 1939
394.030. Formation of cooperative corporations authorized. —
Cooperative, nonprofit, membership corporations may be organized under this chapter for the purpose of supplying electric energy and promoting and extending the use thereof in rural areas. Corporations organized under this chapter and corporations which become subject to this chapter in the manner herein provided are herein referred to as "cooperatives".
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(RSMo 1939 § 5387)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 394 - Rural Electric Cooperatives › Section 394.040 - Who may organize.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 394
Effective - 28 Aug 1939
394.040. Who may organize. —
Five or more persons may organize a cooperative in the manner herein provided.
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(RSMo 1939 § 5391)
2023 Missouri Revised Statutes › Title XXV - Incorporation and Regulation of Certain Utilities and Carriers › Chapter 394 - Rural Electric Cooperatives › Section 394.050 - Articles of incorporation — where filed.

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS
Chapter 394
Effective - 28 Aug 1983
394.050. Articles of incorporation — where filed. —
1. The articles of incorporation of a cooperative shall recite in the caption that they are executed pursuant to this chapter, shall be signed and acknowledged in duplicate by at least five of the incorporators and shall state:
(1) The name of the cooperative;
(2) The address of its principal office;
(3) The names and addresses of the incorporators;
(4) The number of years the cooperative is to continue, which may be any number including perpetuity;
(5) The names and addresses of the persons who shall constitute its first board of directors; and
(6) Any provisions not inconsistent with this chapter deemed necessary or advisable for the conduct of its business and affairs.
2. Such articles of incorporation shall be submitted to the secretary of state for filing as provided in this chapter.
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(RSMo 1939 § 5392, A.L. 1983 H.B. 137)