HOUSE BILL No. 2573
certain projects of statewide as well as local importance; amending K.S.A. 2000 Supp.
74-8930 and 74-8922 and repealing the existing sections.
Section 1. K.S.A. 74-8930 is hereby amended to read as follows: 74-
8930. Within one year of the commencement of construction of any pro-
ject of statewide as well as local importance as defined in K.S.A. 74-8902
and amendments thereto, located within a county which according to the
1990 decennial census contained a population greater than 25,000, 120
days of the effective date of this act, developer of a project of state-wide
as well as local importance shall reimburse the unified government of
Wyandotte county for cash investment in the project as documented to
and determined by the secretary of commerce and housing.
Sec. 2. K.S.A. 2000 Supp. 74-8922 is hereby amended to read as
follows: 74-8922. (a) If the developer proposes to undertake a project of
statewide as well as local importance within a redevelopment district es-
tablished pursuant to K.S.A. 2000 Supp. 74-8921, and amendments
thereto, the developer shall prepare a redevelopment plan. The redevel-
opment plan shall include:
(1) A summary of the feasibility study required by K.S.A. 2000 Supp.
74-8921, and amendments thereto;
(2) a reference to the redevelopment district established under
K.S.A. 2000 Supp. 74-8921 and amendments thereto;
(3) a comprehensive description of the project of statewide as well as
(4) a description and map of the area to be redeveloped;
(5) a detailed description of the buildings and facilities proposed to
be constructed or improved in such area; and
(6) any other information the authority deems necessary to advise the
public of the intent of the plan.
(b) A copy of the proposed redevelopment plan shall be delivered by
the developer to the authority, the secretary of commerce and housing
and the board of county commissioners of the county in which the re-
development district is located, and the board of county commissioners
shall determine, within 30 days after receipt of the plan, whether the plan
as proposed is consistent with the comprehensive general plan for the
development of the area. If the proposed redevelopment plan is not con-
sistent with the comprehensive general plan, the board of county com-
missioners shall provide its comments and objections to the authority,
which shall modify, approve or deny the plan. If the redevelopment plan
is consistent with the comprehensive general plan of the county, then the
authority may adopt the redevelopment plan by a resolution passed by a
majority of the board of directors of the authority. Any substantial changes
to the plan as adopted shall be made in the same manner, with notice
and approval of the board of county commissioners and adoption of a
resolution by the authority. A redevelopment plan may be adopted by the
authority, pursuant to these procedures, at the same time that the au-
thority establishes the redevelopment district under K.S.A. 2000 Supp.
74-8921, and amendments thereto. Any redevelopment plan which pro-
poses to undertake a project of statewide as well as local importance in a
county which according to the 1990 decennial census contained a popu-
lation greater than 25,000 shall be adopted prior to July 1, 2001 2001 or,
if a developer has complied with the provisions of K.S.A. 74-8930 and
amendments thereto, 2002.
(c) (1) Under no circumstances shall the state of Kansas, any of its
political subdivisions, the Kansas development finance authority or any
unit of local government assume responsibility or otherwise be respon-
sible for any environmental remediation which may be required to be
performed within the redevelopment district designated through any re-
development plan. Any person or entity, other than the state, an instru-
mentality of the state, or a unit of local government, who proposes to take
legal title to land which is located at a site designated as a federal enclave
prior to January 1, 1998, for the purpose of developing a project of state-
wide as well as local importance shall: (1) prior to taking such title, enter
into a consent decree agreement with the Kansas department of health
and environment or the United States environmental protection agency
under which such person or entity expressly agrees to be responsible for
and to complete the remediation of all environmental contamination of
such land according to established standards and levels for appropriate
property uses, except that part, if any, of the remediation which is, by
agreement approved by the governor, to be retained by the federal gov-
ernment or any agency thereof and (2) prior to taking title to any of the
land, provide prepaid third-party financial guarantees to the state or an
instrumentality thereof sufficient in form and amount to insure full and
complete remediation of all of the land within the federal enclave as
required in the consent decree agreement. Nothing in this section is in-
tended and shall not be construed to relieve the United States army, the
federal government or any agency thereof from any duty, responsibility
or liability for any contamination or remediation of the land as may be
imposed or required under state or federal law; and
Prior to taking title, possession or otherwise exercising control over the
land within a former federal enclave or in any other way exposing the
state to potential liability for environmental remediation of such property,
the state or any instrumentality of the state shall obtain the written opin-
ion of a competent attorney, specializing in environmental law and main-
taining professional liability insurance, regarding the state's potential li-
ability resulting from taking title, possession or otherwise exercising
control over the land.
Sec. 3. K.S.A. 2000 Supp. 74-8922 and 74-8930 are hereby repealed.
Sec. 4. This act shall take effect and be in force from and after its
publication in the statute book.
Approved April 19, 2000.
Date Composed: 09/25/2001 Date Modified: 09/25/2001