Session Law

Identifying Information:L. 2001 ch. 047
Other Identifying Information:2001 Senate Bill 254
Tax Type:Other
Brief Description:An Act concerning environmental remediation; relating to fees of pesticide dealers; amending K.S.A. 2000 Supp. 2-3708 and 2-3713 and repealing the existing sections.
Keywords:


Body:

CHAPTER 47

SENATE BILL No. 254


An Act concerning environmental remediation; relating to fees of pesticide dealers; amending

K.S.A. 2000 Supp. 2-3708 and 2-3713 and repealing the existing sections.

Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 2000 Supp. 2-3713 is hereby amended to read as

follows: 2-3713. (a) Subject to the provisions of K.S.A. 2000 Supp. 2-3712,

and amendments thereto, there is hereby imposed environmental assess-

ments as follows:

(1) An annual assessment of $100 to be paid by each custom blender

required to be licensed pursuant to K.S.A. 2-1201a, and amendments

thereto. Such assessment shall be paid to the secretary of agriculture by

the custom blender at the time and in the manner provided by law for

payment of the custom blender's license fee.

(2) An annual assessment of $20 for each commercial fertilizer re-

quired to be registered pursuant to K.S.A. 2-1202, and amendments

thereto. Such assessment shall be paid to the secretary of agriculture by

the applicant for registration at the time and in the manner provided by

law for payment of the registration fee for the commercial fertilizer.

(3) An annual assessment of $60 for each agricultural chemical re-

quired to be registered pursuant to K.S.A. 2-2204, and amendments

thereto, other than an agricultural chemical classified as an antimicrobial

pesticide, as defined by 7 U.S.C. § 136(mm). Such assessment shall be

paid to the secretary of agriculture by the applicant for registration at the

time and in the manner provided by law for payment of the registration

fee for the agricultural chemical.

(4) An annual assessment of $80 to be paid by each pesticide dealer

required to be registered pursuant to K.S.A. 2-2469, and amendments

thereto. If the annual sales of pesticides from the previous year by a

pesticide dealer from a business location are less than $2,500, the annual

assessment shall be $5. If the annual sales of pesticides from the previous

year by a pesticide dealer from a business location are equal to or greater

than $2,500, the annual assessment shall be $80. Such assessment shall

be paid to the secretary of agriculture by the pesticide dealer at the time

and in the manner provided by law for payment of the dealer's registration

fee.

(5) An annual assessment of $.0005 per bushel of storage capacity of

each public warehouse required to be licensed pursuant to K.S.A. 34-228,

and amendments thereto, or pursuant to the federal warehouse act. Such

assessment shall be paid to the secretary of agriculture by the applicant

for licensure at the time and in the manner provided by law for payment

of the warehouse license fee.

(6) An annual assessment of $.0005 per bushel of storage capacity of

each public warehouse in this state that is licensed pursuant to the United

States warehouse act. Such assessment shall be paid to the secretary of

agriculture by the licensee on or before August 31 of each year. The

secretary of agriculture may adopt rules and regulations establishing pro-

cedures for payment and collection of such assessment.

(b) The secretary of agriculture shall remit to the state treasurer all

moneys collected by the secretary from assessments paid pursuant to this

section. The state treasurer shall deposit the entire amount of the remit-

tance in the state treasury and credit it to the fund.

(c) The secretary of agriculture shall adopt rules and regulations es-

tablishing procedures for payment and collection of all environmental

assessments.

(d) The secretary of agriculture shall have the authority to reimburse

or refund a person if an error occurred in the payment of an assessment.

Sec. 2. K.S.A. 2000 Supp. 2-3708 is hereby amended to read as fol-

lows: 2-3708. (a) There is hereby established the remediation reimburse-

ment program. The program shall be for the purpose of providing re-

imbursement to eligible persons for the costs of corrective action

approved by the department of health and environment or taken in ac-

cordance with requests or orders issued by the department of health and

environment.

(b) The amount of reimbursement that an eligible person may receive

from the fund shall be limited as follows:

(1) Except as provided in paragraph (2), for an eligible person who

is required to pay has paid any assessment imposed pursuant to K.S.A.

2000 Supp. 2-3713, and amendments thereto, reimbursement per site

shall not exceed an amount equal to: (A) 90% of total eligible corrective

action costs greater than $1,000 and less than or equal to $100,000; plus

(B) 80% of total eligible corrective action costs greater than $100,000 and

less than or equal to $200,000. The total amount reimbursed for any one

site shall not exceed $200,000 within a 5 year period or as otherwise set

forth by the board pursuant to rules and regulations.

(2) For an eligible person who is not required to pay or has not paid

any assessment imposed pursuant to K.S.A. 2000 Supp. 2-3713, and

amendments thereto, or for a pesticide dealer who has paid the annual

$5 assessment pursuant to subsection (a)(4) of K.S.A. 2000 Supp. 2-3713,

and amendments thereto, reimbursement per release site shall not exceed

an amount equal to 100% of total eligible corrective action costs greater

than $1,000 and less than or equal to $10,000.

Sec. 3. K.S.A. 2000 Supp. 2-3708 and 2-3713 are hereby repealed.

Sec. 4. This act shall take effect and be in force from and after its

publication in the statute book.

Approved March 27, 2000.


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Date Composed: 09/25/2001 Date Modified: 09/25/2001