Section: 067.2810 Clean energy development boards may be formed, members, powers of board--annual report--limitation on certain legal actions. RSMO 67.2810


Published: 2015

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Missouri Revised Statutes













Chapter 67

Political Subdivisions, Miscellaneous Powers

←67.2805

Section 67.2810.1

67.2815→

August 28, 2015

Clean energy development boards may be formed, members, powers of board--annual report--limitation on certain legal actions.

67.2810. 1. One or more municipalities may form clean energy

development boards for the purpose of exercising the powers described in

sections 67.2800 to 67.2835. Each clean energy development board shall

consist of not less than three members, as set forth in the ordinance or

order establishing the clean energy development board. Members shall serve

terms as set forth in the ordinance or order establishing the clean energy

development board and shall be appointed:



(1) If only one municipality is participating in the clean energy

development board, by the chief elected officer of the municipality with

the consent of the governing body of the municipality; or



(2) If more than one municipality is participating, in a manner

agreed to by all participating municipalities.



2. A clean energy development board shall be a political subdivision

of the state and shall have all powers necessary and convenient to carry

out and effectuate the provisions of sections 67.2800 to 67.2835, including

but not limited to the following:



(1) To adopt, amend, and repeal bylaws, which are not inconsistent

with sections 67.2800 to 67.2835;



(2) To adopt an official seal;



(3) To sue and be sued;



(4) To make and enter into contracts and other instruments with

public and private entities;



(5) To accept grants, guarantees, and donations of property, labor,

services, and other things of value from any public or private source;



(6) To employ or contract for such managerial, legal, technical,

clerical, accounting, or other assistance it deems advisable;



(7) To levy and collect special assessments under an assessment

contract with a property owner and to record such special assessments as a

lien on the property;



(8) To borrow money from any public or private source and issue bonds

and provide security for the repayment of the same;



(9) To finance a project under an assessment contract;



(10) To collect reasonable fees and charges in connection with making

and servicing assessment contracts and in connection with any technical,

consultative, or project assistance services offered;



(11) 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 limitations on investments provided in this subdivision shall

not apply to proceeds acquired from the sale of bonds which are held by a

corporate trustee; and



(12) To take whatever actions necessary to participate in and

administer a clean energy conduit financing or a property assessed clean

energy program.



3. No later than July first of each year, the clean energy

development board shall file with each municipality that participated in

the formation of the clean energy development board and with the director

of the department of natural resources an annual report for the preceding

calendar year that includes:



(1) A brief description of each project financed by the clean energy

development board during the preceding calendar year, which shall include

the physical address of the property, the name or names of the property

owner, an itemized list of the costs of the project, and the name of any

contractors used to complete the project;



(2) The amount of assessments due and the amount collected during the

preceding calendar year;



(3) The amount of clean energy development board administrative costs

incurred during the preceding calendar year;



(4) The estimated cumulative energy savings resulting from all energy

efficiency improvements financed during the preceding calendar year; and



(5) The estimated cumulative energy produced by all renewable energy

improvements financed during the preceding calendar year.



4. No lawsuit to set aside the formation of a clean energy

development board or to otherwise question the proceedings related thereto

shall be brought after the expiration of sixty days from the effective date

of the ordinance or order creating the clean energy development board. No

lawsuit to set aside the approval of a project, an assessment contract, or

a special assessment levied by a clean energy development board, or to

otherwise question the proceedings related thereto shall be brought after

the expiration of sixty days from the date that the assessment contract is

executed.



(L. 2010 H.B. 1692, et al.)







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