Session Law

Identifying Information:L. 2001 ch. 132
Other Identifying Information:2001 House Bill 2573
Tax Type:Other
Brief Description:An Act concerning the Kansas development finance authority; relating to the financing of 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.
Keywords:


Body:

CHAPTER 132

HOUSE BILL No. 2573


An Act concerning the Kansas development finance authority; relating to the financing of

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.




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

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

local importance;

(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.


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