Effective - 28 Aug 2021, 2 histories
67.2810. Clean energy development boards may be formed, members, powers of board — annual report — limitation on certain legal actions. — 1. One or more municipalities may form clean energy development boards for the purpose of exercising the powers described in sections 67.2800 to 67.2840. 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 67.2840, including but not limited to the following:
(1) To adopt, amend, and repeal bylaws, which are not inconsistent with sections 67.2800 to 67.2840;
(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.
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(L. 2010 H.B. 1692, et al., A.L. 2021 H.B. 697)