Proposed Rules

The following are summaries and other information related to Proposed Rules that the Missouri Department of Economic Development has submitted to the Secretary of State for Publication in the Missouri Register. These rules will not go into effect until the public has had an opportunity to submit written comments, and to attend a public hearing if one is scheduled.

Any person may offer comments on a Proposed Rule. The instructions for submitting comments, and the location and date of a hearing if one is scheduled, are located after the text of each rule. Please note that the official text of a Proposed Rule is the version that appears in the Missouri Register, not the draft copy on this site. Refer to the official copy if you wish to submit comments.

We hope you find this site helpful and informative.

Proposed RuleProgramSummaryFiscal NoteSupporting DocumentsMissouri RegisterPosted

4 CSR 85-5.010 Overview and Definitions 

Business and Community Solutions – Historic Preservation Tax Credit ProgramThis proposed amendment will ensure consistency in definitions as between the statutes and the regulations, add definitions to reflect the three different stages when applications can be submitted, and update some definitions to reflect technological advancements in filing and processing of applications.N/ANo material incorporated by referenceVolume 48, Number 1708/28/23
4 CSR 85-5.020 ApplicationsBusiness and Community Solutions – Historic Preservation Tax Credit ProgramThis proposed amendment includes: (a) adding a 15 business day opportunity to cure an incomplete application; (b) replacing three-tier scoring system with simpler pass/fail system; (c) replacing two one-month application cycles per fiscal year with a single cycle open all year; (d) changing the order in which tax credits are allocated from a set-aside for qualified census tracts; (e) project will be authorized tax credits upon a conditional approval from the State Historic Preservation Office or the National Park Service; and (f) projects may receive tax credits for certain hard costs incurred one year before a preliminary application is submitted. N/ANo material incorporated by reference

Volume 48, Number 17

08/28/23

4 CSR 85-5.030 Preliminary and Excess Tax Credits Application Evaluation—Projected Net Fiscal Benefit  

Business and Community Solutions – Historic Preservation Tax Credit ProgramThis proposed amendment clarifies which applications require a net fiscal benefit evaluation and require the applicant to submit the analysis of municipal net fiscal benefit.N/ANo material incorporated by referenceVolume 48, Number 1708/28/23

4 CSR 85-5.040 Preliminary and Excess Tax Credits Application Evaluation—Overall Size and Quality of the Project

Business and Community Solutions – Historic Preservation Tax Credit ProgramThis proposed amendment clarifies which applications are evaluated for overall size and qualityN/ANo material incorporated by referenceVolume 48, Number 1708/28/23

4 CSR 85-5.050 Preliminary and Excess Tax Credits Application Evaluation—Level of Economic Distress

Business and Community Solutions – Historic Preservation Tax Credit ProgramThis proposed amendment clarifies which applications require a level of economic distress evaluation and adds inclusion in an enhanced enterprise zone as a basis for receiving a higher score.N/ANo material incorporated by referenceVolume 48, Number 1708/28/23

4 CSR 85-5.060 Preliminary and Excess Tax Credits Application Evaluation—Input from Local Elected Officials

Business and Community Solutions – Historic Preservation Tax Credit ProgramThis proposed amendment clarifies which applications require a letter of support from local officials and when a letter from the president of the board of aldermen in the City of St. Louis must be included.N/ANo material incorporated by referenceVolume 48, Number 1708/28/23

4 CSR 85-5.070 Compliance with Other Provisions of Law

Business and Community Solutions – Historic Preservation Tax Credit ProgramThis proposed amendment clarifies which applications result in an issuance of tax credits, and adds compliance with section 285.530, RSMo 2016, to the rule, which is required by statute, but inclusion in the rule helps ensure understanding by prospective applicants of its applicability. Deleted section (2) has been moved to 4 CSR 85-5.020(2)(G).N/ANo material incorporated by referenceVolume 48, Number 1708/28/23

4 CSR 85-5.080 Phased Projects

Business and Community Solutions – Historic Preservation Tax Credit ProgramThis proposed amendment eliminates duplicative paperwork by allowing a phased project to submit a single preliminary application instead of a separate preliminary application for each phase of the project.N/ANo material incorporated by referenceVolume 48, Number 1708/28/23

4 CSR 85-5.090 Developer Fees; General Contractor Overhead and Profit

Business and Community Solutions – Historic Preservation Tax Credit ProgramThis proposed amendment removes the requirement that applicants and developers use a specific department-created form for a developer fee agreement, instead allowing the parties to create their own agreement that can suit other needs besides those of the department and combines two separate percentage caps for contract overhead and contractor profit into one combined percentage to give applicants greater flexibility in such arrangements.N/ANo material incorporated by referenceVolume 48, Number 1708/28/23

4 CSR 85-5.100 Not-for-Profits

Business and Community Solutions – Historic Preservation Tax Credit ProgramThis proposed amendment will eliminate an unnecessary provision.N/ANo material incorporated by referenceVolume 48, Number 1708/28/23

4 CSR 85-5.110 Administrative Closure

Business and Community Solutions – Historic Preservation Tax Credit ProgramThis proposed amendment will clarify how the department may notify an applicant of administrative closure of inactive projects, taking into account technological advances in communications with program participants.N/ANo material incorporated by referenceVolume 48, Number 1708/28/23