Substitute for HOUSE BILL No. 2950
      An Act concerning agriculture; relating to regulation of confined animal feeding facilities;
      imposing restrictions on construction, operation and expansion of certain facilities; pro-
      viding for certain income tax credits; providing for certain elections on establishment of
      swine production facilities; relating to eligibility for KIT and KIR program funds and
      for issuance of Kansas development finance authority bonds; relating to disposal of cer-
      tain dead livestock; relating to water quality buffers; amending K.S.A. 2-1915, 2-3302,
      2-3305, 2-3307, 17-5908, 74-5065 and 79-32,117 and K.S.A. 1997 Supp. 17-5904, 19-
      101a, 47-1219, 65-171d, 74-5066, 74-8902 and 74-8950; also repealing K.S.A. 79-32,117i;
      also reviving K.S.A. 2-3302, 2-3305, 2-3307 and 79-32,117 and K.S.A. 1997 Supp. 47-
      1219 and 65-171d and repealing K.S.A. 2-3302, as amended by section 23 of this act, 2-
      3305, as amended by section 25 of this act, 2-3307, as amended by section 26 of this
      act, and 79-32,117, as amended by section 29 of this act, and K.S.A. 1997 Supp. 47-
      1219, as amended by section 27 of this act, and 65-171d, as amended by section 1 of
      this act.

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

    Section 1. K.S.A. 1997 Supp. 65-171d is hereby amended to read as
follows: 65-171d. (a) For the purpose of preventing surface and subsur-
face water pollution and soil pollution detrimental to public health or to
the plant, animal and aquatic life of the state, and to protect beneficial
uses of the waters of the state and to require the treatment of sewage
predicated upon technologically based effluent limitations, the secretary
of health and environment shall make such rules and regulations, includ-
ing registration of potential sources of pollution, as may in the secretary's
judgment be necessary to: (1) Protect the soil and waters of the state from
pollution resulting from underground storage reservoirs of hydrocarbons
and liquid petroleum gas; (2) control the disposal, discharge or escape of
sewage as defined in K.S.A. 65-164 and amendments thereto, by or from
municipalities, corporations, companies, institutions, state agencies, fed-
eral agencies or individuals and any plants, works or facilities owned or
operated, or both, by them; and (3) establish water quality standards for
the waters of the state to protect their beneficial uses.

    (b) The secretary of health and environment may adopt by reference
any regulation relating to water quality and effluent standards promul-
gated by the federal government pursuant to the provisions of the federal
clean water act and amendments thereto, as in effect on January 1, 1989,
which the secretary is otherwise authorized by law to adopt.

    (c) For the purposes of this act, including K.S.A. 65-161 through
65-171h and sections 2 through 22, and amendments thereto, and rules
and regulations adopted pursuant thereto:

    (1) ``Pollution'' means: (A) Such contamination or other alteration of
the physical, chemical or biological properties of any waters of the state
as will or is likely to create a nuisance or render such waters harmful,
detrimental or injurious to public health, safety or welfare, or to the plant,
animal or aquatic life of the state or to other designated beneficial uses;
or (B) such discharge as will or is likely to exceed state effluent standards
predicated upon technologically based effluent limitations.

    (2) ``Confined feeding facility'' means any lot, pen, pool or pond: (A)
Which is used for the confined feeding of animals or fowl for food, fur
or pleasure purposes; (B) which is not normally used for raising crops;
and (C) in which no vegetation intended for animal food is growing.

    (3) ``Animal unit'' means a unit of measurement calculated by adding
the following numbers: The number of beef cattle weighing more than
700 pounds multiplied by 1.0; plus the number of cattle weighing less
than 700 pounds multiplied by 0.5; plus the number of mature dairy cattle
multiplied by 1.4; plus the number of swine weighing more than 55
pounds multiplied by 0.4; plus the number of swine weighing 55 pounds
or less multiplied by 0.1; plus the number of sheep or lambs multiplied
by 0.1; plus the number of horses multiplied by 2.0; plus the number of
turkeys multiplied by 0.018; plus the number of laying hens or broilers,
if the facility has continuous overflow watering, multiplied by 0.01; plus
the number of laying hens or broilers, if the facility has a liquid manure
system, multiplied by 0.033; plus the number of ducks multiplied by 0.2.
However, each head of cattle will be counted as one full animal unit for
the purpose of determining the need for a federal permit. ``Animal unit''
also includes the number of swine weighing 55 pounds or less multiplied
by 0.1 for the purpose of determining applicable requirements for new
construction of a confined feeding facility for which a permit or registra-
tion has not been issued before January 1, 1998, and for which an appli-
cation for a permit or registration and plans have not been filed with the
secretary of health and environment before January 1, 1998, or for the
purpose of determining applicable requirements for expansion of such
facility. However, each head of swine weighing 55 pounds or less shall be
counted as 0.0 animal unit for the purpose of determining the need for
a federal permit.

    (4) ``Animal unit capacity'' means the maximum number of animal
units which a confined feeding facility is designed to accommodate at any
one time.

    (5) ``Habitable structure'' means any of the following structures which
is occupied or maintained in a condition which may be occupied and
which, in the case of a confined feeding facility for swine, is owned by a
person other than the operator of such facility: A dwelling, church, school,
adult care home, medical care facility, child care facility, library, com-
munity center, public building, office building or licensed food service or
lodging establishment.

    (6) ``Wildlife refuge'' means Cheyenne Bottoms wildlife management
area, Cheyenne Bottoms preserve and Flint Hills, Quivera, Marais des
Cygnes and Kirwin national wildlife refuges.

    (d) In adopting rules and regulations, the secretary of health and en-
vironment, taking into account the varying conditions that are probable
for each source of sewage and its possible place of disposal, discharge or
escape, may provide for varying the control measures required in each
case to those the secretary finds to be necessary to prevent pollution. If
a freshwater reservoir or farm pond is privately owned and where com-
plete ownership of land bordering the reservoir or pond is under common
private ownership, such freshwater reservoir or farm pond shall be ex-
empt from water quality standards except as it relates to water discharge
or seepage from the reservoir or pond to waters of the state, either surface
or groundwater, or as it relates to the public health of persons using the
reservoir or pond or waters therefrom.

    (e) (1) Whenever the secretary of health and environment or the
secretary's duly authorized agents find that the soil or waters of the state
are not being protected from pollution resulting from underground stor-
age reservoirs of hydrocarbons and liquid petroleum gas or that storage
or disposal of salt water not regulated by the state corporation commission
or refuse in any surface pond is causing or is likely to cause pollution of
soil or waters of the state, the secretary or the secretary's duly authorized
agents shall issue an order prohibiting such underground storage reservoir
or surface pond. Any person aggrieved by such order may within 15 days
of service of the order request in writing a hearing on the order.

    (2) Upon receipt of a timely request, a hearing shall be conducted in
accordance with the provisions of the Kansas administrative procedure
act.

    (3) Any action of the secretary pursuant to this subsection is subject
to review in accordance with the act for judicial review and civil enforce-
ment of agency actions.

    (f) The secretary may adopt rules and regulations establishing fees
for the following services:

    (1) Plan approval, monitoring and inspecting underground or buried
petroleum products storage tanks, for which the annual fee shall not ex-
ceed $5 for each tank in place;

    (2) permitting, monitoring and inspecting salt solution mining oper-
ators, for which the annual fee shall not exceed $1,950 per company; and

    (3) permitting, monitoring and inspecting hydrocarbon storage wells
and well systems, for which the annual fee shall not exceed $1,875 per
company.

    (g) Prior to any new construction of a confined feeding facility with
an animal unit capacity of 300 to 999, such facility shall register with the
secretary of health and environment. Facilities with a capacity of less than
300 animal units may register with the secretary. Any such registration
shall be accompanied by a $25 fee. Within 30 days of receipt of such
registration, the department of health and environment shall identify any
significant water pollution potential or separation distance violations pur-
suant to subsection (h). If there is identified a significant water pollution
potential, such facility shall be required to obtain a permit from the sec-
retary. If there is no water pollution potential posed by a facility with an
animal unit capacity of less than 300, the secretary may certify that no
permit is required. If there is no water pollution potential nor any viola-
tion of separation distances posed by a facility with an animal unit capacity
of 300 to 999, the secretary shall certify that no permit is required and
that there are no certification conditions pertaining to separation dis-
tances. If a separation distance violation is identified, the secretary may
reduce the separation distance in accordance with subsection (i) and shall
certify any such reduction of separation distances.

    (h) (1) Any new construction or new expansion of a confined feeding
facility, other than a confined feeding facility for swine, shall meet or
exceed the following requirements in separation distances from any hab-
itable structure in existence when the application for a permit is submit-
ted:

    (1) 1320 (A) 1,320 feet for facilities with an animal unit capacity of
300 to 999; and

    (2) 4000 (B) 4,000 feet for facilities with an animal unit capacity of
1,000 or more.

    (2) A confined feeding facility for swine shall meet or exceed the fol-
lowing requirements in separation distances from any habitable structure
or city, county, state or federal park in existence when the application for
a permit is submitted:

    (A) 1,320 feet for facilities with an animal unit capacity of 300 to 999;

    (B) 4,000 feet for facilities with an animal unit capacity of 1,000 to
3,724;

    (C) 4,000 feet for expansion of existing facilities to an animal unit
capacity of 3,725 or more if such expansion is within the perimeter from
which separation distances are determined pursuant to subsection (k) for
the existing facility; and

    (D) 5,000 feet for: (i) Construction of new facilities with an animal
unit capacity of 3,725 or more; or (ii) expansion of existing facilities to an
animal unit capacity of 3,725 or more if such expansion extends outside
the perimeter from which separation distances are determined pursuant
to subsection (k) for the existing facility.

    (3) Any construction of new confined feeding facilities for swine shall
meet or exceed the following requirements in separation distances from
any wildlife refuge:

    (A) 10,000 feet for facilities with an animal unit capacity of 1,000 to
3,724; and

    (B) 16,000 feet for facilities with an animal unit capacity of 3,725 or
more.

    (i) (1) The separation distance requirements of subsection (h) sub-
sections (h)(1) and (2) shall not apply if such person newly constructing
or newly expanding a confined feeding facility the applicant for a permit
obtains a written agreement from all owners of habitable structures which
are within the separation distance stating such owners are aware of such
the construction or expansion and have no objections to such construction
or expansion. The written agreement shall be filed in the register of deeds
office of the county in which the habitable structure is located.

    (2) (A) The secretary may reduce the separation distance require-
ments if: (1) of subsection (h)(1) if: (i) No substantial objection from
owners of habitable structures within the separation distance is received
in response to public notice; or (2) (ii) the board of county commissioners
of the county where the confined feeding facility is located submits a
written request seeking a reduction of separation distances.

    (B) The secretary may reduce the separation distance requirements
of subsection (h)(2)(A) or (B) if: (i) No substantial objection from owners
of habitable structures within the separation distance is received in re-
sponse to notice given in accordance with subsection (l); (ii) the board of
county commissioners of the county where the confined feeding facility is
located submits a written request seeking a reduction of separation dis-
tances; or (iii) the secretary determines that technology exists that meets
or exceeds the effect of the required separation distance and the facility
will be using such technology.

    (C) The secretary may reduce the separation distance requirements
of subsection (h)(2)(C) or (D) if: (i) No substantial objection from owners
of habitable structures within the separation distance is received in re-
sponse to notice given in accordance with subsection (l); or (ii) the sec-
retary determines that technology exists that meets or exceeds the effect
of the required separation distance and the facility will be using such
technology.

    (j) (1) The separation distances required pursuant to subsection
(h)(1) shall not apply to:

    (1) (A) Confined feeding facilities which are were permitted or cer-
tified by the secretary on the effective date of this act July 1, 1994;

    (2) (B) confined feeding facilities which exist on the effective date of
this act and register existed on July 1, 1994, and registered with the sec-
retary before July 1, 1996; or

    (3) (C) expansion of a confined feeding facility, including any expan-
sion for which an application is pending on the effective date of this act,
if: (A) was pending on July 1, 1994, if: (i) In the case of a facility with an
animal unit capacity of 1,000 or more prior to the effective date of this
act July 1, 1994, the expansion is located at a distance not less than the
distance between the facility and the nearest habitable structure prior to
the expansion; or (B) (ii) in the case of a facility with an animal unit
capacity of less than 1,000 prior to the effective date of this act and July
1, 1994, the expansion is located at a distance not less than the distance
between the facility and the nearest habitable structure prior to the ex-
pansion and the animal unit capacity of the facility after expansion does
not exceed 2,000.

    (2) The separation distances required pursuant to subsections
(h)(2)(A) and (B) shall not apply to:

    (A) Confined feeding facilities for swine which were permitted or cer-
tified by the secretary on July 1, 1994;

    (B) confined feeding facilities for swine which existed on July 1, 1994,
and registered with the secretary before July 1, 1996; or

    (C) expansion of a confined feeding facility which existed on July 1,
1994, if: (i) In the case of a facility with an animal unit capacity of 1,000
or more prior to July 1, 1994, the expansion is located at a distance not
less than the distance between the facility and the nearest habitable struc-
ture prior to the expansion; or (ii) in the case of a facility with an animal
unit capacity of less than 1,000 prior to July 1, 1994, the expansion is
located at a distance not less than the distance between the facility and
the nearest habitable structure prior to the expansion and the animal unit
capacity of the facility after expansion does not exceed 2,000.

    (3) The separation distances required pursuant to subsections
(h)(2)(C) and (D) and (h)(3) shall not apply to the following, as deter-
mined in accordance with subsections (a), (e) and (f) of section 2 and
amendments thereto:

    (A) Expansion of an existing confined feeding facility for swine if an
application for such expansion has been received by the department before
March 1, 1998; and

    (B) construction of a new confined feeding facility for swine if an
application for such facility has been received by the department before
March 1, 1998.

    (k) The separation distances required by this section for confined
feeding facilities for swine shall be determined from the exterior perimeter
of any buildings utilized for housing swine, any lots containing swine, any
swine waste retention lagoons or ponds or other manure or wastewater
storage structures and any additional areas designated by the applicant
for future expansion. Such separation distances shall not apply to offices,
dwellings and feed production facilities of a confined feeding facility for
swine.

    (l) The applicant shall give the notice required by subsections (i)(2)(B)
and (C) by certified mail, return receipt requested, to all owners of hab-
itable structures within the separation distance. The applicant shall sub-
mit to the department evidence, satisfactory to the department, that such
notice has been given.

    (k) (m) All plans and specifications submitted to the department for
new construction or new expansion of confined feeding facilities may be,
but are not required to be, prepared by a professional engineer or a
consultant, as approved by the department. Before approval by the de-
partment, any consultant preparing such plans and specifications shall
submit to the department evidence, satisfactory to the department, of ad-
equate general commercial liability insurance coverage.

    New Sec. 2. As used in sections 2 through 22, and amendments
thereto, except as the context otherwise requires:

    (a) ``Application'' means:

    (1) The applicable fee, all properly completed and executed docu-
ments furnished by the department and any additional required docu-
ments or information necessary for obtaining a permit, including but not
limited to a registration, construction plans, specifications and any re-
quired manure management, nutrient utilization, emergency response,
odor control, facility closure and dead swine handling plans; or

    (2) registration with the department before July 1, 1996, which has
not been acted on by the department before March 1, 1998.

    (b) ``Best available technology for swine facilities'' means the best
available technology for swine facilities, as determined by the department
in consultation with Kansas state university, owners and operators of per-
mitted swine facilities and other appropriate persons, entities and state
and federal agencies.

    (c) ``Best management practices for swine facilities'' means those
schedules of activities, maintenance procedures and other management
practices of a swine facility that are designed to minimize or prevent
pollution of the air, water or soil or to control odor, flies, rodents and
other pests, as determined by the department in consultation with Kansas
state university, owners and operators of permitted swine facilities and
other appropriate persons, entities and state and federal agencies.

    (d) ``Department'' means the department of health and environment.

    (e) ``Existing swine facility'' means any swine facility in existence and
registered with or permitted by the secretary before the effective date of
this act.

    (f) ``In existence'' means constructed or in place and capable of con-
fining, feeding and maintaining swine. If the department has taken final
formal administrative action requiring abandonment of a swine facility or
cessation of a swine facility operation for reasons other than separation
distances, the department shall conclude the past facility or operation was
illegal and not eligible to continue previously legal acts. A facility for which
the department has taken such an action shall be considered a new swine
facility for the purpose of separation distance requirements.

    (g) ``Permit'' means a water pollution control permit for a swine fa-
cility pursuant to K.S.A. 65-166a and 65-171d, and amendments thereto.

    (h) ``Secretary'' means the secretary of health and environment.

    (i) ``Significant water pollution potential'' means any significant po-
tential for pollution of groundwater or surface waters as defined by rules
and regulations adopted by the secretary.

    (j) ``Swine facility'' means a confined feeding facility for swine.

    (k) ``Swine waste management system'' means all constructed, exca-
vated or natural receptacles used for the collection, conveyance, storage
or treatment of manure or wastewater, or both, from a swine facility,
including swine containment buildings.

    (l) ``Swine waste retention lagoon or pond'' means an excavated or
diked structure, or a natural depression, provided for or used by a swine
facility for the purpose of containing or detaining swine wastes or other
wastes generated in the production of swine.

    New Sec. 3. (a) After receipt of an application for a permit for con-
struction of a new swine facility or expansion of an existing swine facility,
the department shall publish in the Kansas register a notice of receipt of
the application which shall include but not be limited to:

    (1) The names and addresses of the operator of the facility and the
owner of the property where the facility is or will be located; and

    (2) notice of the availability of the document and fact sheet prepared
pursuant to subsection (b).

    (b) After receipt of an application for a permit for construction of a
new swine facility or expansion of an existing swine facility, the depart-
ment shall prepare the following, which, at a minimum, shall be made
available on the internet and shall be available for inspection and copying,
in accordance with the open records act, at the department's office in the
district where the swine facility is or will be located:

    (1) A document containing all the requirements with which the swine
facility must comply upon approval by the department and a brief expla-
nation of the statutory or regulatory provisions on which the requirements
are based;

    (2) any determinations of, and explanations for, departures from any
requirements otherwise applicable to the facility, including citations to
the applicable guidelines, development documents or authorities for the
departures; and

    (3) a fact sheet containing the following information required in the
application:

    (A) A detailed description of the location of the facility, including the
section, township and range, with reference to any applicable compre-
hensive land use plan or zoning requirements;

    (B) a map showing water wells located on the facility's property, land-
marks in the vicinity and nearby streams and bodies of water;

    (C) a description of the facility, including the swine waste manage-
ment system and facilities and any areas designated by the applicant for
future expansion as provided for by subsection (k) of K.S.A. 65-171d and
amendments thereto;

    (D) a nutrient application plan, if required by section 6, including
base-line soil tests for a new facility or new field to which wastes will be
applied, and a crop rotation plan; and

    (E) a statement that the applicant will consult with the county exten-
sion agent or a qualified agronomist or individual trained in crop protec-
tion to ensure that correct agronomic rates of application are used and
records of those consultations will be maintained by the applicant.

    (c) The secretary shall establish by rules and regulations the form of
public notice that is required for receipt of a completed application for a
permit for construction of a new swine facility or expansion of an existing
swine facility. Such notice shall be by publication in a newspaper of gen-
eral circulation in the county where the facility is or will be located, direct
notification of residents in the vicinity of the facility and notification of
local government officials.

    (d) The public notice required by subsection (c) shall contain the
following:

    (1) The name, address and telephone number of the official at the
department who is responsible for processing the application and the
locations where further information and copies of documents can be re-
viewed, which locations shall be in the county where the facility is or will
be located;

    (2) the names and addresses of the operator of the facility and the
owner of the property where the facility is or will be located;

    (3) a statement of the tentative determination of the department to
approve the issuance of the permit;

    (4) a brief description of the procedures and schedule for making the
final determination of approval or disapproval;

    (5) notice of availability of the document and fact sheet prepared
pursuant to subsection (b);

    (6) a request for public comment on the tentative decision to approve
the issuance of the permit and the requirements for the facility described
in the document prepared pursuant to subsection (b)(1); and

    (7) a description of the procedures for providing public comment.

    (e) The department shall provide a period of 30 days from the date
of the public notice required by subsection (c) for submission of public
comments.

    (f) The department, in its discretion, may hold a public meeting or
hearing within 60 days after the conclusion of the comment period re-
quired by subsection (e) to receive further public comment if the de-
partment determines that significant environmental or technical concerns
or issues have been raised during the comment period. The department
shall hold a public hearing within 60 days after the conclusion of the
comment period required by subsection (e) to receive further public com-
ment if a hearing is requested by any owner of a habitable structure within
the applicable separation distance. Public meetings and hearings held
pursuant to this subsection shall address only those matters for which the
secretary has authority.

    (g) The department shall not make a determination to approve the
issuance of a permit until completion of the procedures required by this
section. The department may disapprove at any time the issuance of a
permit without completing the procedures required by this section.

    (h) The department shall make the determination to approve or dis-
approve the issuance of a permit not later than 180 days after the com-
pleted application is filed with the department.

    (i) An operator of a swine facility shall submit a registration or appli-
cation to the department before initiating construction or operation of
either a swine facility or a swine waste management system. When the
department finds no permit is required, construction or operation of the
swine facility may be initiated upon issuance, by the department, of a
certification. When the department determines a permit or permit mod-
ification is required for the swine facility, construction may be initiated
upon approval of the application, construction plans, specifications and
swine waste management plan. Operation and stocking of a swine facility
for which a permit is required shall not be initiated until the department
issues the permit. An operator of a swine facility for which a permit mod-
ification is required because of a proposed facility expansion shall not
increase the number of swine at the facility beyond that authorized by
the permit until the department issues the modified permit.

    New Sec. 4. (a) The department shall not approve a permit for con-
struction of a new swine facility or expansion of an existing swine facility
unless the swine waste management system for the facility:

    (1) Is located in such a manner as to prevent impairment of surface
waters and groundwaters, except where consistent with the requirements
of this section;

    (2) is located outside any 100-year flood plain unless procedures and
precautions are employed to flood-proof the facilities;

    (3) except as provided by subsection (c), is located: (A) Not less than
500 feet from any surface water if the facility has an animal unit capacity
of 3,725 or more; (B) not less than 250 feet from any surface water if the
facility has an animal unit capacity of 1,000 to 3,724; or (C) not less than
100 feet from any surface water if the facility has an animal unit capacity
of under 1,000;

    (4) except as provided by subsection (d), is located not less than 250
feet from any private drinking water well that is in active use; and

    (5) is located not less than 1,000 feet from any publicly owned drink-
ing water well that is in active use.

    (b) The separation distances required pursuant to subsection (a) shall
not apply to:

    (1) Any swine facility that, on the effective date of this act, holds a
valid permit issued by the secretary;

    (2) swine facilities for which an application has been received before
the effective date of this act; or

    (3) expansion of a swine facility if an application for the expansion
has been received before the effective date of this act.

    (c) The separation distances required by subsection (a)(3) shall not
apply to any freshwater reservoir or farm pond that is privately owned if
complete ownership of land bordering the reservoir or pond is under
common private ownership. Such separation distances shall apply to any
waters that flow from such reservoir or pond. The secretary shall have
the authority provided by subsections (d) and (e) of K.S.A. 65-171d and
amendments thereto with respect to any such reservoir or pond as nec-
essary to protect the public health, the soils or waters of the state and
wildlife.

    (d) The separation distance required by subsection (a)(4) shall not
apply to any private drinking water well that is located within the perim-
eter from which separation distances are determined pursuant to subsec-
tion (k) of K.S.A. 65-171d and amendments thereto but, if the facility has
an animal unit capacity of 3,725 or more, the facility operator shall test
waters from such well and annually report the test results to the depart-
ment.

    New Sec. 5. (a) Each applicant for a permit for construction of a new
swine facility having an animal unit capacity of 1,000 or more or expansion
of an existing swine facility to an animal unit capacity of 1,000 or more
shall submit with the application for a permit a manure management plan
and shall comply with the plan when the permit is issued by the depart-
ment.

    (b) Each existing swine facility that has an animal unit capacity of
1,000 or more on the effective date of this act shall submit to the de-
partment, within six months after the rules and regulations implementing
this act are adopted, a manure management plan for approval by the
department and shall comply with the plan as soon thereafter as practi-
cable.

    (c) Each manure management plan required by this section shall de-
scribe the methods for, and account for, the disposal of all manure and
wastewater generated by the swine facility. If the methods of disposal of
the manure or wastewater include land application, the facility also shall
prepare a nutrient utilization plan, as required by subsection (b) of section
6, and amendments thereto.

    (d) Each swine facility that is required by this section to have a ma-
nure management plan shall amend such plan whenever warranted by
changes in the facility or in other conditions affecting the facility.

    (e) The secretary shall establish by rules and regulations the circum-
stances under which amendments to manure management plans must be
submitted to the department for the department's approval.

    (f) Each swine facility that is required by this section to have a manure
management plan shall maintain such plan in accordance with section 9,
and amendments thereto.

    (g) As a condition of approval of any permit for a swine facility that
is required by this section to have a manure management plan, the de-
partment shall require that, if the operator of the facility does not own
the swine at the facility, the operator shall execute with the owner of the
swine a contract that specifies responsibility for management of the ma-
nure and wastewater generated at the facility.

    (h) If a swine facility is required by this section to have a manure
management plan and such facility generates manure or wastewater, or
both, that is sold or given to a person who is not employed by the facility
and is to be disposed of by means other than land application on areas
covered by the facility's nutrient utilization plan, the department shall
require that:

    (1) The facility shall maintain a log of removal of the manure or waste-
water from the facility and such log shall contain the following:

    (A) The name and address of each person to whom the manure or
wastewater is sold or given and of each hauler of the manure or waste-
water;

    (B) the date of the removal of the manure or wastewater; and

    (C) the volume of the removed manure or wastewater; and

    (2) the facility shall provide to the hauler of the removed manure or
wastewater the most recent manure nutrient analysis conducted pursuant
to subsection (c) of section 6 and amendments thereto, if the removed
manure or wastewater are to be land applied.

    (i) (1) Except as provided by subsection (i)(5), if a swine waste re-
tention lagoon or pond is utilized by a swine facility that has an animal
unit capacity of 3,725 or more and is located where the groundwater is
at a depth of 25 feet or less from the underneath side of the liner of the
lagoon or pond:

    (A) The sides and bottom of such lagoon or pond shall be lined with:

    (i) A compacted soil liner with a minimum depth of one foot and
maximum seepage rate of 1/8 inch per day; or

    (ii) an impermeable liner on top of a compacted soil liner with a
minimum depth of one foot and maximum seepage rate of 1/4 inch per
day; and

    (B) the facility operator shall be required to install not fewer than
one upstream and two downstream groundwater monitoring wells for
each such single cell lagoon or pond and for the primary cell of each such
multiple cell lagoon or pond, or employ equivalent technology, as pro-
vided by rules and regulations of the secretary.

    (2) Except as provided by subsections (i)(3),(4) and (5), if a swine
waste retention lagoon or pond is utilized by a swine facility that has an
animal unit capacity of 3,725 or more and is located where the ground-
water is at a depth of more than 25 feet from the underneath side of the
liner of the lagoon or pond, the sides and bottom of such lagoon or pond
shall be lined with:

    (A) A compacted soil liner with a minimum depth of one foot and
maximum seepage rate of 1/8 inch per day; or

    (B) an impermeable liner on top of a compacted soil liner with a
minimum depth of one foot and maximum seepage rate of 1/4 inch per
day.

    (3) If the compacted soil liner requirements of subsection (i)(2) can-
not be met for one or more waste retention lagoons or ponds to which
such subsection applies:

    (A) The sides and bottom of such lagoons or ponds shall be lined with
an impermeable liner on top of a soil liner compacted to the extent pos-
sible; and

    (B) if the groundwater is at a depth of 150 feet or less from the
surface of the land at the place where such lagoons or ponds are located,
the facility operator shall be required to install not fewer than one up-
stream and two downstream groundwater monitoring wells for each such
single cell lagoon or pond and for the primary cell of each such multiple
cell lagoon or pond, or employ equivalent technology, as provided by rules
and regulations of the secretary.

    (4) Any swine waste retention lagoons or ponds existing on the effec-
tive date of this act and utilized by a swine facility that has an animal unit
capacity of 3,725 or more shall not be required to meet the requirements
of subsection (i)(1), (2) or (3) but the facility operator shall be required
to install, before January 1, 2000, not fewer than one upstream and two
downstream groundwater monitoring wells for each such single cell la-
goon or pond and for the primary cell of each such multiple cell lagoon
or pond, or employ equivalent technology, as provided by rules and reg-
ulations of the secretary, if the groundwater is at a depth of 150 feet or
less from the surface of the land at the place where such lagoons or ponds
are located unless: (A) The groundwater is at a depth of more than 25
feet from the underneath side of the liner of the lagoons or ponds; and
(B) the facility operator submits to the department engineering or field
data that proves compliance with the requirements of subsection (i)(2).

    (5) On or after January 1, 2000, if the secretary determines, based on
scientific evidence, that the standards imposed by subsections (i)(1), (2),
(3) and (4) are not required to protect the groundwater, the secretary
may increase the animal unit capacity at which such standards apply.

    (j) The secretary may require installation and sampling of ground-
water monitoring wells in the vicinity of any swine waste retention lagoon
or pond when the secretary determines necessary, or the secretary may
allow the use of equivalent technology, as provided by rules and regula-
tions of the secretary. The locations and design of such monitoring wells
shall be subject to approval by the secretary.

    (k) The secretary may require, as a condition of issuance or renewal
of a permit for a swine facility having an animal unit capacity of 1,000 or
more, that trees be planted as vegetative screening to control odor.

    (l) The secretary may adopt by rules and regulations such additional
standards for location and construction of swine waste retention lagoons
and ponds utilized by swine facilities having an animal unit capacity of
1,000 or more as the secretary determines necessary to protect the waters
and soils of the state and the public health.

    (m) Before issuing any permit for a swine facility that will utilize a
swine waste retention lagoon or pond or approving any plans for a swine
waste retention lagoon or pond, the department shall make a determi-
nation, after consultation with the state corporation commission, that
there is no unplugged oil or gas well at the planned location of such lagoon
or pond. If, during construction of any swine waste retention lagoon or
pond, an unplugged well is discovered at the location of such lagoon or
pond, the facility owner and the facility operator shall have the duty to
report the discovery to the department immediately.

    New Sec. 6. (a) The department of health and environment shall not
issue or renew a permit for any swine facility that has an animal unit
capacity of 1,000 or more and that applies manure or wastewater to land
unless:

    (1) The land application process complies with the applicable
requirements of this section; and

    (2) the nutrient utilization plan required by this section is approved
by the secretary of agriculture.

    (b) (1) If the manure management plan prepared pursuant to section
5 and amendments thereto provides for land application of manure or
wastewater:

    (A) The applicant for a permit for construction of a new swine facility
or for expansion of an existing swine facility shall submit with the appli-
cation for a permit a nutrient utilization plan on a form prescribed by the
secretary of agriculture and shall comply with the plan when the permit
is issued by the department of health and environment; and

    (B) the operator of an existing swine facility shall submit to the de-
partment of health and environment, within six months after the rules
and regulations implementing this act are adopted, a nutrient utilization
plan on a form prescribed by the secretary of agriculture, for approval by
the secretary of agriculture, and shall comply with the plan by a date
established by the secretary of agriculture.

    (2) Each nutrient utilization plan shall address site-specific conditions
for land application of manure, wastewater and other nutrient sources,
comply with the requirements of this section and contain, at minimum,
the following:

    (A) A site map of all land application areas, including section, town-
ship and range;

    (B) crop rotations on the land application areas;

    (C) annual records of soil tests, manure nutrient analyses, and cal-
culations required by subsection (c);

    (D) nutrient budgets for the land application areas;

    (E) rates, methods, frequency and timing of application of manure,
wastewater and other nutrient sources to the land application areas;

    (F) the amounts of nitrogen and phosphorus applied to the land ap-
plication areas;

    (G) precipitation records and the amounts of irrigation and other wa-
ter applied;

    (H) records of inspections and preventive maintenance of equipment
required by subsection (f)(6);

    (I) copies of all landowner agreements for land that is not owned by
the swine facility and is scheduled to receive manure or wastewater;

    (J) names of employees and contractors whom the operator of the
swine facility has identified pursuant to subsection (f)(7) to supervise the
process of transferring manure or wastewater to land application equip-
ment and the process of land application;

    (K) records of training of all personnel who supervise and conduct
the land application of manure or wastewater, as required by subsection
(f)(7); and

    (L) any other information required by the secretary of agriculture to
facilitate approval.

    (3) (A) A swine facility that is required to have a nutrient utilization
plan shall amend such plan whenever warranted by changes in the facility,
soil test results or other conditions affecting the facility.

    (B) Amendments to the nutrient utilization plan must be approved
by the secretary of agriculture.

    (4) A swine facility that is required to have a nutrient utilization plan
shall maintain such plan in accordance with section 9 and amendments
thereto.

    (c) (1) Each swine facility that has a manure management plan that
includes land application of manure or wastewater shall:

    (A) Conduct soil tests, including but not limited to tests for nitrogen,
phosphate, chloride, copper and zinc, on the land application areas prior
to preparation of the nutrient utilization plan and at least annually there-
after, or as often as required by best available soil science and standards
relative to the soils of, and crops to be grown on, the land application
areas or as required by the secretary of agriculture; and

    (B) include the results of such tests in its nutrient utilization plan.

    (2) Each swine facility that has a manure management plan that in-
cludes land application of manure or wastewater or sells or gives manure
or wastewater to third persons pursuant to subsection (h) of section 5 and
amendments thereto shall:

    (A) Conduct manure nutrient analyses of its manure and wastewater
prior to preparation of its nutrient utilization plan and at least every two
years thereafter; and

    (B) include the results of such analyses in its nutrient utilization plan.

    (3) Each swine facility that has a manure management plan that in-
cludes land application of manure or wastewater shall:

    (A) Compare the manure nutrient analyses required by subsection
(c)(2) with the soil tests required by subsection (c)(1) to calculate needed
fertility and application rates for pasture production and crop target yields
on the land application areas prior to the preparation of the nutrient
utilization plan and each time thereafter when new soil tests or manure
nutrient analyses are conducted; and

    (B) include such calculations in the nutrient utilization plan.

    (d) If a swine facility is required to have a nutrient utilization plan
and finds that the soil tests required pursuant to this act indicate that the
phosphorus holding capacity for any soils in the facility's land application
areas may be exceeded within five years, the facility shall promptly initiate
the process to obtain access to the additional land application areas
needed, or make other adjustments, to achieve the capability to apply
manure or wastewater at appropriate agronomic rates.

    (e) The department of agriculture may require a swine facility that is
required to have a nutrient utilization plan to apply manure or wastewater
on all or a portion of the facility's land application areas at a rate within
the agronomic phosphorus needs of the crops or pasture, or the soil phos-
phorus holding capacity, in less than the time originally allowed in the
approved nutrient utilization plan if the department of agriculture finds
that the land application actions of the facility are contributing to the
impairment of groundwater or surface water.

    (f) (1) Each swine facility that is required to have a nutrient utiliza-
tion plan shall include in such plan, and thereafter comply with, the
requirements that manure or wastewater shall not be applied on bare
ground by any process, other than incorporation into the soil during the
same day, within 1,000 feet of any habitable structure, wildlife refuge or
city, county, state or federal park, unless:

    (A) The manure or wastewater has been subjected to physical, bio-
logical or biochemical treatment or other treatment method for odor re-
duction approved by the department of health and environment;

    (B) the manure or wastewater is applied with innovative treatment
or application that is best available technology for swine facilities and best
management practices for swine facilities or other technology approved
by the department of health and environment; or

    (C) the owner of the habitable structure has provided a written waiver
to the facility.

    (2) The separation distance requirements of subsection (f)(1) shall
not apply to any structure constructed or park designated as a city, county,
state or federal park after the effective date of this act, for swine facilities
in existence on the effective date of this act, or any structure constructed
or park designated as a city, county, state or federal park after submission
of an application for a permit for a new swine facility or expansion of an
existing swine facility.

    (3) Swine facilities that are required to have a nutrient utilization plan
shall not apply manure or wastewater:

    (A) To lands classified as highly erodible according to the conserva-
tion compliance provisions of the federal food security act of 1985, as in
effect on the effective date of this act, and classified as highly erodible
on the basis of erosion resulting from water runoff, except where soil
conservation practices to control erosion and runoff in compliance with
the requirements of this section are identified in the facility's nutrient
utilization plan and are followed by the facility;

    (B) during rain storms, except where soil conservation practices to
control erosion and runoff in compliance with the requirements of this
section are identified in the facility's nutrient utilization plan and are
followed by the facility;

    (C) to frozen or saturated soil, except where soil conservation prac-
tices to control runoff in compliance with the requirements of this section
are identified in the facility's nutrient utilization plan and are followed by
the facility; and

    (D) to any areas to which the separation distance requirements of
subsection (f) apply.

    (4) Swine facilities that are required to have a nutrient utilization plan
shall follow procedures and precautions in the land application of manure
or wastewater to prevent discharge of manure or wastewater to surface
water and groundwater due to excess infiltration, penetration of drainage
tile lines, introduction into tile inlets or surface runoff, including appro-
priate soil conservation practices to protect surface water from runoff
carrying eroded soil and manure particles.

    (5) Swine facilities that are required to have a nutrient utilization plan
and that conduct wastewater irrigation shall:

    (A) Employ measures to irrigate under conditions that reasonably
prevent surface runoff; and

    (B) use reasonable procedures and precautions to avoid spray drift
from the land to which it is applied.

    (6) Each swine facility that is required to have a nutrient utilization
plan and that land applies manure or wastewater shall ensure that any
equipment used in the land application process is properly maintained
and calibrated and monitor the use of the equipment so that any mal-
function that develops during the land application process is detected and
the process ceases until the malfunction is corrected.

    (7) The operator of each swine facility that is required to have a nu-
trient utilization plan and that land applies manure or wastewater shall:

    (A) Identify, train and keep current the training of each employee
and contractor who supervises the transfer of manure or wastewater to
land application equipment and the conducting of land application activ-
ities; and

    (B) train, and keep current the training of, all employees and con-
tractors who conduct land application activities.

    (g) Each swine facility that is required to have a nutrient utilization
plan shall amend such plan whenever warranted by changes in conditions.
The operator of the facility shall file such plan and any amendments to
such plan with the department of health and environment and the de-
partment shall forward such plan and any amendments to the secretary
of agriculture.

    (h) The secretary of agriculture shall make a determination to ap-
prove or disapprove a nutrient utilization plan not later than 45 days after
the plan is received from the department of health and environment.

    New Sec. 7. The secretary shall adopt rules and regulations estab-
lishing:

    (a) Standards for training and certifying, and for periodic continuing
education or recertification of, swine facility operators maintaining or su-
pervising the swine waste management system of a swine facility that is
required to have a permit; and

    (b) procedures for notifying the department of failure of a swine
waste retention lagoon or pond or any unplanned release of animal waste
by a swine facility.

    New Sec. 8. (a) The secretary shall establish by rules and regulations
the circumstances under which a permitted swine facility shall be re-
quired to develop an emergency response plan.

    (b) Each swine facility that is required to submit an emergency re-
sponse plan shall maintain such plan:

    (1) In a location at the facility that is readily accessible to all employ-
ees or contractors who are responsible for implementing the plan; and

    (2) as otherwise required in section 9 and amendments thereto.

    (c) The operator of each swine facility that is required to submit an
emergency response plan shall train, and keep current the training of, the
employees and contractors who are responsible for implementing such
plan.

    (d) Each swine facility that is required to submit an emergency re-
sponse plan shall amend such plan whenever warranted by changes in the
facility or in other conditions affecting the facility.

    New Sec. 9. (a) Each swine facility that is required to have a permit
shall keep all records and plans required by this act at the facility's site
office in a manner that is accessible to inspection by authorized repre-
sentatives of the department pursuant to section 14 and amendments
thereto.

    (b) Each swine facility that is required to have a permit shall retain
at the location required in subsection (a) the current and previous three
years' versions of the records and plans required by this act.

    New Sec. 10. (a) (1) As a condition of issuance of a permit for a swine
facility that has an animal unit capacity of 1,000 or more, the operator of
the facility shall be certified by the department, or by a third party ap-
proved by the department, as to the operator's knowledge of:

    (A) Management of manure and wastewater;

    (B) nutrient utilization planning and implementation;

    (C) emergency response planning and implementation, if required;
and

    (D) the other requirements of this act.

    (2) If the department has not established or sanctioned an operator
certification program at the time that a swine facility applies for a permit,
or if a vacancy occurs in a certified operator position, the department may
issue a permit for the facility without the operator certificate, and the
operator shall complete the certification program within six months after
it is established or sanctioned.

    (b) The operator of each swine facility shall be responsible for the
training of employees or contractors required by subsection (f)(7)(A) of
section 6 and amendments thereto (supervisors of land application), sub-
section (f)(7)(B) of section 6 and amendments thereto (persons who con-
duct land application) and subsection (c) of section 8 and amendments
thereto (persons responsible for implementing the emergency response
plan).

    New Sec. 11. (a) As a condition of issuance of a permit for a swine
facility, the department shall require the applicant to submit a plan, ap-
proved by the department, for odor control if the application is for:

    (1) A permit for construction or expansion of a swine facility that has
an animal unit capacity of 1,000 or more;

    (2) a permit for expansion of a swine facility to an animal unit capacity
of 1,000 or more; or

    (3) renewal of a permit for a swine facility that has an animal unit
capacity of 1,000 or more.

    (b) Each swine facility that is required to submit an odor control plan
shall amend such plan whenever warranted by changes in the facility or
in other conditions affecting the facility.

    (c) In promulgating rules and regulations governing odor control
plans, the secretary shall take into consideration different sizes of facilities
and other relevant factors.

    New Sec. 12. (a) As a condition of issuance of a permit for a swine
facility, the department shall require the applicant to submit a plan, ap-
proved by the department, for closure of the facility if the application is
for:

    (1) A permit for construction or expansion of a swine facility that has
an animal unit capacity of 3,725 or more;

    (2) a permit for expansion of a swine facility to an animal unit capacity
of 3,725 or more; or

    (3) renewal of a permit for a swine facility that has an animal unit
capacity of 3,725 or more.

    (b) The operator of each swine facility that has a capacity of 3,725
animal units or more shall demonstrate annually to the department evi-
dence, satisfactory to the department, that the operator has financial abil-
ity to cover the cost of closure of the facility as required by the depart-
ment.

    (c) Each swine facility that is required to submit a facility closure plan
shall amend such plan whenever warranted by changes in the facility or
in other conditions affecting the facility.

    New Sec. 13. (a) (1) Each swine facility that has an animal unit ca-
pacity of 3,725 or more and has a swine waste retention lagoon or pond
shall maintain the facility at all times until it is certified to comply fully
with the closure requirements of this subsection (a).

    (2) (A) Any swine facility that has an animal unit capacity of 3,725 or
more and ceases to operate shall close any swine waste retention lagoon
or pond of the facility in accordance with the requirements of this sub-
section (a).

    (B) Any swine facility that has an animal unit capacity of 3,725 or
more and has a swine waste retention lagoon or pond that has not received
manure or wastewater from the facility for a period of 12 consecutive
months shall close the facility in accordance with the requirements of this
subsection (a), unless:

    (i) The facility continues to operate;

    (ii) the facility intends to restore use of the lagoon or pond at a later
date; and

    (iii) the facility maintains the lagoon or pond as though it were ac-
tively used, adding fresh water to replace water lost to evaporation and
preventing loss or compromise of structural integrity or removes and dis-
poses of all manure and wastewater in accordance with the requirements
of this act and refills the lagoon or pond with clean water to preserve the
integrity of the synthetic or earthen liner.

    (C) Any swine facility that has an animal unit capacity of 3,725 or
more and chooses not to close a swine waste retention lagoon or pond
pursuant to subsection (a)(2)(B) shall:

    (i) Notify the department of the decision and the actions taken to
comply with the requirements of subsection (a)(2)(B);

    (ii) conduct routine inspections, maintenance and record keeping as
though the facility were in use; and

    (iii) prior to restoration of use of the lagoon or pond, notify the de-
partment and provide the department with the opportunity to inspect the
facility to ensure that it complies with the requirements of section 4 and
amendments thereto.

    (3) To close a swine waste retention lagoon or pond, a swine facility
that has an animal unit capacity of 3,725 or more shall remove all manure
and wastewater, as well as all associated appurtenances and conveyance
structures, from the lagoon or pond and dispose of the manure or waste-
water in accordance with the requirements of this act or, if the facility
requests, as determined otherwise by the department.

    (4) The secretary shall adopt rules and regulations establishing stan-
dards and procedures for demolition of any swine waste retention lagoon
or pond, or conversion of the lagoon or pond to another use (such as a
farm pond), as a condition of closure for a swine facility that has an animal
unit capacity of 3,725 or more.

    (5) Upon notification to the department by a swine facility having an
animal unit capacity of 3,725 or more that a swine waste retention lagoon
or pond utilized by the facility has been closed, the department shall
inspect the lagoon or pond and certify whether the closure complies with
the requirements of this subsection (a).

    (6) The secretary shall establish, by rules and regulations, standard
maximum periods for completion of all closure activities for swine waste
retention lagoons and ponds utilized by swine facilities having an animal
unit capacity of 3,725 or more from the date of cessation of operation of
the lagoon or pond to the date of compliance with all closure require-
ments of this subsection (a).

    (b) When a swine facility having an animal unit capacity of 3,725 or
more ceases to operate, it shall close all other manure and wastewater
storage facilities to which subsection (a) does not apply removing all ma-
nure and wastewater from the manure and wastewater storage facility and
disposing of the manure and wastewater in accordance with the require-
ments of this act or, if the operator of the swine facility requests, as
determined otherwise by the department.

    (c) On and after July 1, 2000, the operator of each swine facility that
has a capacity of 3,725 animal units or more and has a swine waste re-
tention lagoon or pond shall demonstrate to the department, annually at
a time specified by the department, evidence, satisfactory to the depart-
ment, that the operator has financial ability to cover the cost of closure
of the lagoon or pond as required by the department.

    New Sec. 14. (a) The department shall conduct periodic inspections
of, and review the records of, each permitted swine facility as follows:

    (1) For any facility identified as having a specific water pollution
problem, every 6 months;

    (2) for any facility not identified as having a specific water pollution
problem:

    (A) Every 12 months, if the facility has a capacity of 3,725 or more
animal units;

    (B) every 24 months, if the facility has a capacity of 1,000 to 3,724
animal units; and

    (C) at least once during the term of the facility's permit, if the facility
has a capacity of 300 to 999 animal units.

    (b) Each permitted swine facility shall grant access to the facility at
reasonable times, with appropriate safeguards for protection of animal
health, for authorized representatives of the department to conduct in-
spections required by subsection (a).

    (c) If any authorized representative of the department requires access
to a swine containment building or facility during the course of any in-
spection required by subsection (a) or at any other time, the represen-
tative shall comply with the animal health protocol of the facility for entry
into the building or facility unless the protocol inhibits reasonable access.

    (d) No swine facility shall be assessed the cost of any inspection re-
quired by subsection (a) either directly at the time of the inspection or
indirectly at the time of issuance of a permit for the facility, except that
such cost may be assessed for any inspection associated with:

    (1) An emergency that results in the discharge of manure or waste-
water to surface water or groundwater; or

    (2) a swine facility that engages in a course of conduct that results in
repeated, material violations of this act.

    (e) The secretary may contract with persons or entities to conduct
inspections and review of records as required by this act.

    New Sec. 15. When a swine facility exists prior to the construction
of a habitable structure or designation of a park as a city, county, state or
federal park that would otherwise be located within the separation dis-
tance for a waste retention lagoon or pond or the separation distance for
land on which manure or wastewater from the facility has been or is being
applied, the separation distance requirement shall not apply to such struc-
ture or park since the owner of such structure or park is expected to know
and understand that such structure or park, if located in that location, will
be subject to agricultural sights, sounds, odors and other characteristics
of farming from the preexisting swine facility.

    New Sec. 16. (a) The secretary may deny an application for any per-
mit, whether new or a renewal, for a swine facility and, upon notice and
opportunity for hearing in accordance with the Kansas administrative pro-
cedure act, may suspend or revoke any permit for a swine facility, if the
secretary finds that the applicant, or any officer, director, partner or res-
ident manager of the applicant has:

    (1) Intentionally misrepresented a material fact in applying for any
permit;

    (2) habitually or intentionally violated environmental laws of this or
any other state or of the United States and the violations have caused
significant and material environmental damage; or

    (3) had any permit revoked under the environmental laws of this or
any other state or of the United States.

    (b) Failure of the operator of a swine confined feeding facility to
implement any required manure management, emergency response, odor
control, facility closure or dead swine handling plan:

    (1) May render the operator liable for a civil penalty pursuant to
K.S.A. 65-170d and amendments thereto; and

    (2) upon notice and opportunity for hearing in accordance with the
Kansas administrative procedure act, shall be grounds for the secretary
to suspend the permit for such facility.

    New Sec. 17. (a) Every swine facility that has a capacity of 1,000 or
more animal units shall file with the department a plan for the handling
of dead swine. The secretary shall adopt rules and regulations establishing
minimum standards, including requirements that:

    (1) No dead swine shall be left where visible from municipal roads
or habitable structures;

    (2) before disposal, all dead swine shall be kept within the perimeter
from which separation distances are determined pursuant to subsection
(k) of K.S.A. 65-171d and amendments thereto unless otherwise approved
by the department; and

    (3) carcasses shall be picked up within 48 hours under normal cir-
cumstances.

    (b) Each swine facility that is required to submit a plan for handling
dead swine shall amend such plan whenever warranted by changes in the
facility or in other conditions affecting the facility.

    New Sec. 18. A qualified swine facility, as defined by section 28, that
expands to an animal unit capacity of 3,725 or more shall be subject to
the provisions of this act applicable to a swine facility having an animal
unit capacity of 1,000 to 3,724 if:

    (a) The department determines that the swine waste management
system of such facility on the effective date of this act has the capacity to
accommodate the expanded capacity;

    (b) the expansion is located within the perimeter from which sepa-
ration distances are determined pursuant to subsection (k) of K.S.A. 65-
171d and amendments thereto or the written agreements required by
subsection (i)(1) of K.S.A. 65-171d and amendments thereto are obtained;
and

    (c) the expansion does not exceed the lesser of:

    (1) An animal unit capacity that is 1/3 greater than the capacity of
such facility on the effective date of this act; or

    (2) an animal unit capacity of 4,499.

    New Sec. 19. (a) Kansas state university shall cooperate with the de-
partment, other agencies and owners and operators of swine facilities to
determine best available technology and best management practices.

    (b) Within the limitations of appropriations therefor and for the pur-
pose of identifying potential risk of groundwater contamination by swine
waste retention lagoons or ponds or land application of swine waste, Kan-
sas state university, as a part of its current evaluation of lagoons and ponds
for containment of animal waste, shall conduct nutrient management test-
ing of land where swine waste is applied, including deep soil sampling in
areas where land application of swine waste is conducted and in adjacent
areas where such waste is not applied. Kansas state university, until com-
pletion of the evaluation, shall submit preliminary reports regarding such
evaluation on or before the first day of each regular legislative session
and, upon completion of the evaluation, shall submit a final report of the
evaluation on or before the final day of the next regular legislative session.
Each such report shall be submitted to the governor, the senate and house
standing committees on agriculture, the senate standing committee on
energy and natural resources and the house standing committee on en-
vironment.

    New Sec. 20. (a) The express adoption or authorization of standards
and requirements for swine facilities by this act shall not be construed to
prohibit or limit in any manner the secretary's authority to adopt and
enforce rules and regulations establishing:

    (1) Standards and requirements for swine facilities that are in addi-
tion to or more stringent than those provided by this act if the secretary
determines necessary for the purposes provided by K.S.A. 65-171d and
amendments thereto; and

    (2) standards and requirements for swine facilities that exist on the
effective date of this act and that are not subject to the standards and
requirements provided by this act.

    (b) Nothing in this act shall be construed to exempt any person or
entity from or preempt or in any way excuse or waive any obligation to
comply with the provisions of the Kansas chemigation safety law (K.S.A.
2-3301 et seq. and amendments thereto), K.S.A. 24-126 and amendments
thereto (relating to levees), K.S.A. 82a-301 et seq. and amendments
thereto (relating to stream obstructions), the Kansas water appropriation
act (K.S.A. 82a-701 et seq. and amendments thereto) or any other statute
or rule and regulation except as specifically provided by this act.

    (c) The provisions of this act applicable to new construction or ex-
pansion of swine facilities shall apply to all facilities for which an appli-
cation for new construction or expansion is received by the department
on or after March 1, 1998, and such facilities shall be required to comply
with the standards and requirements imposed pursuant to this act at the
time the permit for new construction or expansion is granted or, if rules
and regulations must be adopted in order to implement any such standard
or requirement, such facilities shall be required to comply with such stan-
dard or requirement within 180 days after adoption of such rules and
regulations.

    New Sec. 21. The secretary of health and environment, pursuant to
K.S.A. 75-5616 and amendments thereto, shall appoint an advisory com-
mittee to consult with and advise the secretary on the implementation
and administration of the provisions of K.S.A. 65-171d and sections 2
through 20, and amendments thereto, with respect to swine facilities. The
advisory committee shall consist of five members who represent persons
knowledgeable and experienced in areas related to regulation of swine
facilities, including but not limited to owners and operators of swine fa-
cilities, Kansas state university extension services and professional engi-
neers.

    New Sec. 22. (a) Before January 1, 1999, the secretary shall adopt
such rules and regulations as necessary to implement, administer and
enforce the provisions of this act.

    (b) On or before the first day of the 1999 and 2000 regular legislative
sessions, the secretary shall submit a report regarding implementation of
the provisions of K.S.A. 65-171d and sections 2 through 20, and amend-
ments thereto, to the house and senate standing committees on agricul-
ture, the senate standing committee on energy and natural resources and
the house standing committee on environment.

    Sec. 23. K.S.A. 2-3302 is hereby amended to read as follows: 2-3302.
As used in this act the Kansas chemigation safety law:

    (a) ``Chemigation'' means any process whereby pesticides, fertilizers
or other chemicals or animal wastes are added to irrigation water applied
to land or crops, or both, through an irrigation distribution system.

    (b) ``Board'' means the state board secretary of agriculture.

    (c) ``Secretary'' means the secretary of the state board of agriculture.

    (d) ``Operating chemigation equipment'' for the purposes of this act
shall include, but not be limited to:

    (1) Preparing solution and filling the chemical supply container;

    (2) calibrating of injection equipment;

    (3) starting and stopping equipment when injection of chemicals is
involved; and

    (4) supervision of the chemigation equipment to assure its safe op-
eration.

    (e) ``Anti-pollution devices'' means mechanical equipment used to re-
duce hazard to the environment in cases of malfunction of the equipment
during chemigation and includes but is not limited to interlock, waterline
check valve, chemical line closure device, vacuum relief device and au-
tomatic low pressure drain.

    (f) ``Supervision'' means the attention given to the chemigating sys-
tem during its operation when chemicals are being applied.

    (g) ``Direct supervision'' means supervision with ability to change the
procedures.

    (h) ``Irrigation distribution system'' means any device or combination
of devices having a hose, pipe or other conduit which connects directly
to any source of ground or surface water, through which water or a mix-
ture of water and chemicals is drawn and applied to land. The term does
not include any handheld hose sprayer or other similar device which is
constructed so that an interruption in water flow automatically prevents
any backflow to the water source. For the purpose of this act it does not
include greenhouse irrigation or residence yards. Animal waste lagoons
are not to be considered water sources.

    (i) ``Calibration device'' means equipment of sufficient accuracy to
determine the rate of chemical application.

    (j) ``Point of diversion'' means:

    (1) The point where the longitudinal axis of the dam crosses the cen-
ter line of the stream in the case of a reservoir; or

    (2) the location of the headgate or intake in the case of a direct di-
version from a river, stream or other watercourse; or

    (3) the location of a well in the case of groundwater diversion.

    (k) ``Agronomic application rates'' means the method and amount of
swine waste defined by the secretary that in the secretary's discretion best
protects the environment, including consideration of the crops or soil to
which swine waste may be applied and the economic impact associated
with any application of swine waste.

    (l) ``Chemicals'' shall include nutrients or the chemical composition
of animal waste.

    New Sec. 24. (a) Regardless of whether irrigation water is added,
whenever swine waste is applied to crops or land, the secretary is au-
thorized to investigate, inspect or conduct any manner of examination or
review of the application of swine waste. No swine waste shall be applied
to crops or land in excess of agronomic application rates.

    (b) The secretary shall review and approve all nutrient utilization
plans that provide for the application of swine waste to crops or land and
that are submitted by swine confined feeding facilities pursuant to section
6 and amendments thereto if the plans demonstrate that swine waste will
be applied pursuant to agronomic application rates. Nutrient utilization
plans shall be submitted in the form required by the secretary. The sec-
retary shall notify the secretary of health and environment when a nutri-
ent utilization plan has been approved and whether the approval is con-
ditioned on any amendments or revisions to the plan.

    (c) Any soil tests required by the secretary to evaluate whether ag-
ronomic application rates are being met must be paid for by the swine
confined feeding facility regardless of whether the soil to be tested is
from land owned by such facility.

    (d) Failure of the operator of a swine confined feeding facility to
implement a nutrient utilization plan approved by the secretary shall be
considered a violation of the Kansas chemigation safety law for which the
secretary may suspend a permit pursuant to K.S.A. 2-3310 and amend-
ments thereto or may impose a civil penalty pursuant to K.S.A. 2-3317
and amendments thereto, or both.

    (e) This section shall be part of and supplemental to the Kansas
chemigation safety law.

    Sec. 25. K.S.A. 2-3305 is hereby amended to read as follows: 2-3305.
Functional anti-pollution devices shall be used in the chemigation process
according to:

    (a) Criteria adopted by the secretary by rules and regulations that,
in the secretary's discretion, follow the latest scientific knowledge and
technology and that is designed to protect the groundwater and surface
water of the state; or

    (b) the following criteria:

    (a) (1) Waterline check valve shall be an automatic, quick-closing de-
vice capable of preventing the backflow of water chemical mixtures into
the source of water supply during times of system failure or equipment
shutdown;

    (b) (2) a chemical injection line check valve shall be used to prevent
flow of water from the irrigation system into the chemical supply tank
and to prevent gravity flow from the chemical supply tank into the irri-
gation system;

    (c) (3) an interlock system shall be used between the power system
of the injection unit, the irrigation pumping plant and the pivot, if in-
volved; the interlock shall function so that if the irrigation pump stops,
the injection pump will also stop;

    (d) (4) a functional vacuum relief device shall be used between the
waterline check valve and the irrigation pump to reduce the chance of
chemical being back-siphoned into the water source; and

    (e) (5) an automatic low pressure drain shall be used between the
waterline valve and the irrigation pump.

    Sec. 26. K.S.A. 2-3307 is hereby amended to read as follows: 2-3307.
(a) For the purpose of carrying out the provisions of this act, including
any review of the application of swine waste under section 24 and amend-
ments thereto, the secretary or the secretary's agent or the county or
district attorney or their agents may enter any premises at any reasonable
time in order to:

    (1) Have access for the purpose of inspecting any equipment subject
to this act;

    (2) inspect or sample water, lands and crops reported to be exposed
to chemicals;

    (3) inspect or investigate complaints or injury to humans, crops or
land;

    (4) sample chemicals being applied or to be applied; or

    (5) observe the use and application of chemicals.

    Should the secretary, the secretary's agent or the county or district
attorney or their agents be denied access to any land where such access
was sought for the purposes authorized, the secretary or the county or
district attorney may apply to any court of competent jurisdiction for a
search warrant authorizing access to such land for such purposes. The
court, upon such application, may issue the search warrant for the pur-
poses requested.

    (b) The enforcement of the criminal provisions of this act shall be the
duty of, and shall be implemented by, the county or district attorneys of
the various counties or districts. In the event a county or district attorney
refuses to act, the attorney general shall so act. The secretary is charged
with the duty of enforcing all other provisions of this act.

    Sec. 27. K.S.A. 1997 Supp. 47-1219 is hereby amended to read as
follows: 47-1219. (a) Any person or persons who shall put any dead ani-
mals, carcasses of such animals or domestic fowl, or any part thereof, into
any well, spring, brook, branch, river, creek, pond, road, street, alley, lane,
lot, field, meadow or common shall be deemed guilty of a misdemeanor,
and upon conviction thereof shall be fined in a sum not exceeding $100.

    (b) Any owner or owners of any dead animals, carcasses of such an-
imals or domestic fowl, or any part thereof, who shall knowingly permit
the same to remain in any well, spring, brook, branch, river, creek, pond,
road, street, alley, lane, lot, field, meadow or common to the injury of the
health or to the annoyance of or damage to the citizens of the state or
any of them, shall be deemed guilty of a misdemeanor, and upon convic-
tion thereof shall be fined in a sum not exceeding $100. Every 24 hours
the owners shall permit the same to remain thereafter shall be deemed
an additional offense.

    (c) Persons disposing of dead animals shall do so in one of the fol-
lowing ways: (1) Burial; (2) incineration; or (3) delivery or unloading of
the carcasses of dead animals or packing house refuse at a disposal plant,
substation, rendering plant or place of transfer licensed by the commis-
sioner; or (4) in accordance with rules and regulations adopted pursuant
to section 37.

    New Sec. 28. (a) As used in this section:

    (1) Terms have the meanings provided by section 2 and amendments
thereto.

    (2) ``Qualified swine facility'' means a swine facility that: (A) Is owned
and operated by a sole proprietorship or partnership or by a family farm
corporation, authorized farm corporation, limited liability agricultural
company, family farm limited liability agricultural company, limited ag-
ricultural partnership, family trust, authorized trust or testamentary trust,
as defined by K.S.A. 17-5903 and amendments thereto; and (B) is utilizing
its swine waste management system on January 1, 1998.

    (3) ``Required improvements to a qualified swine facility'' means cap-
ital improvements that the secretary of health and environment certifies
to the director of taxation: (A) Are required for a qualified swine facility
to comply with the standards and requirements established pursuant to
sections 2 through 22 or pursuant to the amendments made by this act
to K.S.A. 65-171d; and (B) are not required because of expansion for
which a permit has not been issued or applied for before the effective
date of this act.

    (b) There shall be allowed as a credit against the tax liability of a
taxpayer imposed under the Kansas income tax act an amount equal to
not more than 50% of the costs incurred by the taxpayer for required
improvements to a qualified swine facility. The tax credit allowed by this
subsection shall be deducted from the taxpayer's income tax liability for
the taxable year in which the expenditures are made by the taxpayer. If
the amount of such tax credit exceeds the taxpayer's income tax liability
for such taxable year, the taxpayer may carry over the amount thereof
that exceeds such tax liability for deduction from the taxpayer's income
tax liability in the next succeeding taxable year or years until the total
amount of the tax credit has been deducted from tax liability, except that
no such tax credit shall be carried over for deduction after the fourth
taxable year succeeding the year in which the costs are incurred.

    (c) The provisions of this section shall be applicable to all taxable
years commencing after December 31, 1997.

    (d) On or before the first day of the 1999, 2000 and 2001 regular
legislative sessions, the secretary of revenue shall submit to the senate
standing committee on energy and natural resources, the house standing
committee on environment, the senate standing committee on assessment
and taxation and the house standing committee on taxation a report of
the number of taxpayers claiming the credit allowed by this section and
the total amount of such credits claimed by all taxpayers.

    Sec. 29. K.S.A. 79-32,117 is hereby amended to read as follows:
79-32,117. (a) The Kansas adjusted gross income of an individual means
such individual's federal adjusted gross income for the taxable year, with
the modifications specified in this section.

    (b) There shall be added to federal adjusted gross income:

    (i) Interest income less any related expenses directly incurred in the
purchase of state or political subdivision obligations, to the extent that
the same is not included in federal adjusted gross income, on obligations
of any state or political subdivision thereof, but to the extent that interest
income on obligations of this state or a political subdivision thereof issued
prior to January 1, 1988, is specifically exempt from income tax under the
laws of this state authorizing the issuance of such obligations, it shall be
excluded from computation of Kansas adjusted gross income whether or
not included in federal adjusted gross income. Interest income on obli-
gations of this state or a political subdivision thereof issued after Decem-
ber 31, 1987, shall be excluded from computation of Kansas adjusted
gross income whether or not included in federal adjusted gross income.

    (ii) Taxes on or measured by income or fees or payments in lieu of
income taxes imposed by this state or any other taxing jurisdiction to the
extent deductible in determining federal adjusted gross income and not
credited against federal income tax. This paragraph shall not apply to taxes
imposed under the provisions of K.S.A. 79-1107 or 79-1108, and amend-
ments thereto, for privilege tax year 1995, and all such years thereafter.

    (iii) The federal net operating loss deduction.

    (iv) Federal income tax refunds received by the taxpayer if the de-
duction of the taxes being refunded resulted in a tax benefit for Kansas
income tax purposes during a prior taxable year. Such refunds shall be
included in income in the year actually received regardless of the method
of accounting used by the taxpayer. For purposes hereof, a tax benefit
shall be deemed to have resulted if the amount of the tax had been de-
ducted in determining income subject to a Kansas income tax for a prior
year regardless of the rate of taxation applied in such prior year to the
Kansas taxable income, but only that portion of the refund shall be in-
cluded as bears the same proportion to the total refund received as the
federal taxes deducted in the year to which such refund is attributable
bears to the total federal income taxes paid for such year. For purposes
of the foregoing sentence, federal taxes shall be considered to have been
deducted only to the extent such deduction does not reduce Kansas tax-
able income below zero.

    (v) The amount of any depreciation deduction or business expense
deduction claimed on the taxpayer's federal income tax return for any
capital expenditure in making any building or facility accessible to the
handicapped, for which expenditure the taxpayer claimed the credit al-
lowed by K.S.A. 79-32,177, and amendments thereto.

    (vi) Any amount of designated employee contributions picked up by
an employer pursuant to K.S.A. 12-5005, 20-2603, 74-4919 and 74-4965,
and amendments to such sections.

    (vii) The amount of any charitable contribution made to the extent
the same is claimed as the basis for the credit allowed pursuant to K.S.A.
79-32,196, and amendments thereto.

    (viii) The amount of any costs incurred for improvements to a swine
facility, claimed for deduction in determining federal adjusted gross in-
come, to the extent the same is claimed as the basis for any credit allowed
pursuant to section 28 and amendments thereto.

    (ix) The amount of any ad valorem taxes and assessments paid and
the amount of any costs incurred for habitat management or construction
and maintenance of improvements on real property, claimed for deduction
in determining federal adjusted gross income, to the extent the same is
claimed as the basis for any credit allowed pursuant to K.S.A. 79-32,203
and amendments thereto.

    (c) There shall be subtracted from federal adjusted gross income:

    (i) Interest or dividend income on obligations or securities of any
authority, commission or instrumentality of the United States and its pos-
sessions less any related expenses directly incurred in the purchase of
such obligations or securities, to the extent included in federal adjusted
gross income but exempt from state income taxes under the laws of the
United States.

    (ii) Any amounts received which are included in federal adjusted
gross income but which are specifically exempt from Kansas income tax-
ation under the laws of the state of Kansas.

    (iii) The portion of any gain or loss from the sale or other disposition
of property having a higher adjusted basis for Kansas income tax purposes
than for federal income tax purposes on the date such property was sold
or disposed of in a transaction in which gain or loss was recognized for
purposes of federal income tax that does not exceed such difference in
basis, but if a gain is considered a long-term capital gain for federal in-
come tax purposes, the modification shall be limited to that portion of
such gain which is included in federal adjusted gross income.

    (iv) The amount necessary to prevent the taxation under this act of
any annuity or other amount of income or gain which was properly in-
cluded in income or gain and was taxed under the laws of this state for a
taxable year prior to the effective date of this act, as amended, to the
taxpayer, or to a decedent by reason of whose death the taxpayer acquired
the right to receive the income or gain, or to a trust or estate from which
the taxpayer received the income or gain.

    (v) The amount of any refund or credit for overpayment of taxes on
or measured by income or fees or payments in lieu of income taxes im-
posed by this state, or any taxing jurisdiction, to the extent included in
gross income for federal income tax purposes.

    (vi) Accumulation distributions received by a taxpayer as a beneficiary
of a trust to the extent that the same are included in federal adjusted
gross income.

    (vii) Amounts received as annuities under the federal civil service
retirement system from the civil service retirement and disability fund
and other amounts received as retirement benefits in whatever form
which were earned for being employed by the federal government or for
service in the armed forces of the United States.

    (viii) Amounts received by retired railroad employees as a supple-
mental annuity under the provisions of 45 U.S.C. 228b (a) and 228c (a)(1)
et seq.

    (ix) Amounts received by retired employees of a city and by retired
employees of any board of such city as retirement allowances pursuant to
K.S.A. 13-14,106, and amendments thereto, or pursuant to any charter
ordinance exempting a city from the provisions of K.S.A. 13-14,106, and
amendments thereto.

    (x) For taxable years beginning after December 31, 1976, the amount
of the federal tentative jobs tax credit disallowance under the provisions
of 26 U.S.C. 280 C. For taxable years ending after December 31, 1978,
the amount of the targeted jobs tax credit and work incentive credit dis-
allowances under 26 U.S.C. 280 C.

    (xi) For taxable years beginning after December 31, 1986, dividend
income on stock issued by Kansas Venture Capital, Inc.

    (xii) For taxable years beginning after December 31, 1989, amounts
received by retired employees of a board of public utilities as pension and
retirement benefits pursuant to K.S.A. 13-1246, 13-1246a and 13-1249
and amendments thereto.

    (xiii) For taxable years beginning after December 31, 1993, the
amount of income earned on contributions deposited to an individual
development account under K.S.A. 79-32,117h, and amendments thereto.

    (xiv) For all taxable years commencing after December 31, 1996, that
portion of any income of a bank organized under the laws of this state or
any other state, a national banking association organized under the laws
of the United States, an association organized under the savings and loan
code of this state or any other state, or a federal savings association or-
ganized under the laws of the United States, for which an election as an
S corporation under subchapter S of the federal internal revenue code is
in effect, which accrues to the taxpayer who is a stockholder of such
corporation and which is not distributed to the stockholders as dividends
of the corporation.

    (d) There shall be added to or subtracted from federal adjusted gross
income the taxpayer's share, as beneficiary of an estate or trust, of the
Kansas fiduciary adjustment determined under K.S.A. 79-32,135, and
amendments thereto.

    (e) The amount of modifications required to be made under this sec-
tion by a partner which relates to items of income, gain, loss, deduction
or credit of a partnership shall be determined under K.S.A. 79-32,131,
and amendments thereto, to the extent that such items affect federal
adjusted gross income of the partner.

    New Sec. 30. The provisions of sections 1 through 29 and 37 shall
expire upon the enactment of any law during the 1998 regular legislative
session prohibiting the secretary of health and environment from issuing
any permit for a new swine breeding, farrowing, feeding or finishing fa-
cility, or any combination thereof, regardless of size.

    Sec. 31. Upon expiration of the provisions of section 23 pursuant to
section 30, K.S.A. 2-3302 is hereby revived to read as follows: 2-3302. As
used in this act:

    (a) ``Chemigation'' means any process whereby pesticides, fertilizers
or other chemicals or animal wastes are added to irrigation water applied
to land or crops, or both, through an irrigation distribution system.

    (b) ``Board'' means the state board of agriculture.

    (c) ``Secretary'' means the secretary of the state board of agriculture.

    (d) ``Operating chemigation equipment'' for the purposes of this act
shall include, but not be limited to:

    (1) Preparing solution and filling the chemical supply container;

    (2) calibrating of injection equipment;

    (3) starting and stopping equipment when injection of chemicals is
involved; and

    (4) supervision of the chemigation equipment to assure its safe op-
eration.

    (e) ``Anti-pollution devices'' means mechanical equipment used to re-
duce hazard to the environment in cases of malfunction of the equipment
during chemigation and includes but is not limited to interlock, waterline
check valve, chemical line closure device, vacuum relief device and au-
tomatic low pressure drain.

    (f) ``Supervision'' means the attention given to the chemigating sys-
tem during its operation when chemicals are being applied.

    (g) ``Direct supervision'' means supervision with ability to change the
procedures.

    (h) ``Irrigation distribution system'' means any device or combination
of devices having a hose, pipe or other conduit which connects directly
to any source of ground or surface water, through which water or a mix-
ture of water and chemicals is drawn and applied to land. The term does
not include any handheld hose sprayer or other similar device which is
constructed so that an interruption in water flow automatically prevents
any backflow to the water source. For the purpose of this act it does not
include greenhouse irrigation or residence yards. Animal waste lagoons
are not to be considered water sources.

    (i) ``Calibration device'' means equipment of sufficient accuracy to
determine the rate of chemical application.

    (j) ``Point of diversion'' means:

    (1) The point where the longitudinal axis of the dam crosses the cen-
ter line of the stream in the case of a reservoir; or

    (2) the location of the headgate or intake in the case of a direct di-
version from a river, stream or other watercourse; or

    (3) the location of a well in the case of groundwater diversion.

    Sec. 32. Upon expiration of the provisions of section 25 pursuant to
section 30, K.S.A. 2-3305 is hereby revived to read as follows: 2-3305.
Functional anti-pollution devices shall be used in the chemigation process
according to the following criteria:

    (a) Waterline check valve shall be an automatic, quick-closing device
capable of preventing the backflow of water chemical mixtures into the
source of water supply during times of system failure or equipment shut-
down;

    (b) a chemical injection line check valve shall be used to prevent flow
of water from the irrigation system into the chemical supply tank and to
prevent gravity flow from the chemical supply tank into the irrigation
system;

    (c) an interlock system shall be used between the power system of
the injection unit, the irrigation pumping plant and the pivot, if involved;
the interlock shall function so that if the irrigation pump stops, the injec-
tion pump will also stop;

    (d) a functional vacuum relief device shall be used between the wa-
terline check valve and the irrigation pump to reduce the chance of chem-
ical being back-siphoned into the water source; and

    (e) an automatic low pressure drain shall be used between the wa-
terline valve and the irrigation pump.

    Sec. 33. Upon expiration of the provisions of section 26 pursuant to
section 30, K.S.A. 2-3307 is hereby revived to read as follows: 2-3307. (a)
For the purpose of carrying out the provisions of this act, the secretary
or the secretary's agent or the county or district attorney or their agents
may enter any premises at any reasonable time in order to:

    (1) Have access for the purpose of inspecting any equipment subject
to this act;

    (2) inspect or sample water, lands and crops reported to be exposed
to chemicals;

    (3) inspect or investigate complaints or injury to humans, crops or
land;

    (4) sample chemicals being applied or to be applied; or

    (5) observe the use and application of chemicals.

    Should the secretary, the secretary's agent or the county or district
attorney or their agents be denied access to any land where such access
was sought for the purposes authorized, the secretary or the county or
district attorney may apply to any court of competent jurisdiction for a
search warrant authorizing access to such land for such purposes. The
court, upon such application, may issue the search warrant for the pur-
poses requested.

    (b) The enforcement of the criminal provisions of this act shall be the
duty of, and shall be implemented by, the county or district attorneys of
the various counties or districts. In the event a county or district attorney
refuses to act, the attorney general shall so act. The secretary is charged
with the duty of enforcing all other provisions of this act.

    Sec. 34. Upon expiration of the provisions of section 27 pursuant to
section 30, K.S.A. 1997 Supp. 47-1219 is hereby revived to read as follows:
47-1219. (a) Any person or persons who shall put any dead animals, car-
casses of such animals or domestic fowl, or any part thereof, into any well,
spring, brook, branch, river, creek, pond, road, street, alley, lane, lot, field,
meadow or common shall be deemed guilty of a misdemeanor, and upon
conviction thereof shall be fined in a sum not exceeding $100.

    (b) Any owner or owners of any dead animals, carcasses of such an-
imals or domestic fowl, or any part thereof, who shall knowingly permit
the same to remain in any well, spring, brook, branch, river, creek, pond,
road, street, alley, lane, lot, field, meadow or common to the injury of the
health or to the annoyance of or damage to the citizens of the state or
any of them, shall be deemed guilty of a misdemeanor, and upon convic-
tion thereof shall be fined in a sum not exceeding $100. Every 24 hours
the owners shall permit the same to remain thereafter shall be deemed
an additional offense.

    (c) Persons disposing of dead animals shall do so in one of the fol-
lowing ways: (1) Burial; (2) incineration; or (3) delivery or unloading of
the carcasses of dead animals or packing house refuse at a disposal plant,
substation, rendering plant or place of transfer licensed by the commis-
sioner.

    Sec. 35. Upon expiration of the provisions of section 1 pursuant to
section 30, K.S.A. 1997 Supp. 65-171d is hereby revived to read as follows:
65-171d. (a) For the purpose of preventing surface and subsurface water
pollution and soil pollution detrimental to public health or to the plant,
animal and aquatic life of the state, and to protect beneficial uses of the
waters of the state and to require the treatment of sewage predicated
upon technologically based effluent limitations, the secretary of health
and environment shall make such rules and regulations, including regis-
tration of potential sources of pollution, as may in the secretary's judg-
ment be necessary to: (1) Protect the soil and waters of the state from
pollution resulting from underground storage reservoirs of hydrocarbons
and liquid petroleum gas; (2) control the disposal, discharge or escape of
sewage as defined in K.S.A. 65-164 and amendments thereto, by or from
municipalities, corporations, companies, institutions, state agencies, fed-
eral agencies or individuals and any plants, works or facilities owned or
operated, or both, by them; and (3) establish water quality standards for
the waters of the state to protect their beneficial uses.

    (b) The secretary of health and environment may adopt by reference
any regulation relating to water quality and effluent standards promul-
gated by the federal government pursuant to the provisions of the federal
clean water act and amendments thereto, as in effect on January 1, 1989,
which the secretary is otherwise authorized by law to adopt.

    (c) For the purposes of this act, including K.S.A. 65-161 through
65-171h and amendments thereto, and rules and regulations adopted pur-
suant thereto:

    (1) ``Pollution'' means: (A) Such contamination or other alteration of
the physical, chemical or biological properties of any waters of the state
as will or is likely to create a nuisance or render such waters harmful,
detrimental or injurious to public health, safety or welfare, or to the plant,
animal or aquatic life of the state or to other designated beneficial uses;
or (B) such discharge as will or is likely to exceed state effluent standards
predicated upon technologically based effluent limitations.

    (2) ``Confined feeding facility'' means any lot, pen, pool or pond: (A)
Which is used for the confined feeding of animals or fowl for food, fur
or pleasure purposes; (B) which is not normally used for raising crops;
and (C) in which no vegetation intended for animal food is growing.

    (3) ``Animal unit'' means a unit of measurement calculated by adding
the following numbers: The number of beef cattle weighing more than
700 pounds multiplied by 1.0; plus the number of cattle weighing less
than 700 pounds multiplied by 0.5; plus the number of mature dairy cattle
multiplied by 1.4; plus the number of swine weighing more than 55
pounds multiplied by 0.4; plus the number of swine weighing 55 pounds
or less multiplied by 0.1; plus the number of sheep or lambs multiplied
by 0.1; plus the number of horses multiplied by 2.0; plus the number of
turkeys multiplied by 0.018; plus the number of laying hens or broilers,
if the facility has continuous overflow watering, multiplied by 0.01; plus
the number of laying hens or broilers, if the facility has a liquid manure
system, multiplied by 0.033; plus the number of ducks multiplied by 0.2.
However, each head of cattle will be counted as one full animal unit for
the purpose of determining the need for a federal permit. ``Animal unit''
also includes the number of swine weighing 55 pounds or less multiplied
by 0.1 for the purpose of determining applicable requirements for new
construction of a confined feeding facility for which a permit or registra-
tion has not been issued before January 1, 1998, and for which an appli-
cation for a permit or registration and plans have not been filed with the
secretary of health and environment before January 1, 1998, or for the
purpose of determining applicable requirements for expansion of such
facility. However, each head of swine weighing 55 pounds or less shall be
counted as 0.0 animal unit for the purpose of determining the need for
a federal permit.

    (4) ``Animal unit capacity'' means the maximum number of animal
units which a confined feeding facility is designed to accommodate at any
one time.

    (5) ``Habitable structure'' means any of the following structures which
is occupied or maintained in a condition which may be occupied: A dwell-
ing, church, school, adult care home, medical care facility, child care
facility, library, community center, public building, office building or li-
censed food service or lodging establishment.

    (d) In adopting rules and regulations, the secretary of health and en-
vironment, taking into account the varying conditions that are probable
for each source of sewage and its possible place of disposal, discharge or
escape, may provide for varying the control measures required in each
case to those the secretary finds to be necessary to prevent pollution. If
a freshwater reservoir or farm pond is privately owned and where com-
plete ownership of land bordering the reservoir is under common private
ownership, such freshwater reservoir or farm pond shall be exempt from
water quality standards except as it relates to water discharge or seepage
from the reservoir to waters of the state, either surface or groundwater,
or as it relates to the public health of persons using the reservoir or pond
or waters therefrom.

    (e) (1) Whenever the secretary of health and environment or the
secretary's duly authorized agents find that the soil or waters of the state
are not being protected from pollution resulting from underground stor-
age reservoirs of hydrocarbons and liquid petroleum gas or that storage
or disposal of salt water not regulated by the state corporation commission
or refuse in any surface pond is causing or is likely to cause pollution of
soil or waters of the state, the secretary or the secretary's duly authorized
agents shall issue an order prohibiting such underground storage reservoir
or surface pond. Any person aggrieved by such order may within 15 days
of service of the order request in writing a hearing on the order.

    (2) Upon receipt of a timely request, a hearing shall be conducted in
accordance with the provisions of the Kansas administrative procedure
act.

    (3) Any action of the secretary pursuant to this subsection is subject
to review in accordance with the act for judicial review and civil enforce-
ment of agency actions.

    (f) The secretary may adopt rules and regulations establishing fees
for the following services:

    (1) Plan approval, monitoring and inspecting underground or buried
petroleum products storage tanks, for which the annual fee shall not ex-
ceed $5 for each tank in place;

    (2) permitting, monitoring and inspecting salt solution mining oper-
ators, for which the annual fee shall not exceed $1,950 per company; and

    (3) permitting, monitoring and inspecting hydrocarbon storage wells
and well systems, for which the annual fee shall not exceed $1,875 per
company.

    (g) Prior to any new construction of a confined feeding facility with
an animal unit capacity of 300 to 999, such facility shall register with the
secretary of health and environment. Facilities with less than 300 animal
units may register with the secretary. Any such registration shall be ac-
companied by a $25 fee. Within 30 days of receipt of such registration,
the department of health and environment shall identify any significant
water pollution potential or separation distance violations pursuant to sub-
section (h). If there is identified a significant water pollution potential,
such facility shall be required to obtain a permit from the secretary. If
there is no water pollution potential posed by a facility with an animal
unit capacity of less than 300, the secretary may certify that no permit is
required. If there is no water pollution potential nor any violation of
separation distances posed by a facility with an animal unit capacity of
300 to 999, the secretary shall certify that no permit is required and that
there are no certification conditions pertaining to separation distances. If
a separation distance violation is identified, the secretary may reduce the
separation distance in accordance with subsection (i) and shall certify any
such reduction of separation distances.

    (h) Any new construction or new expansion of a confined feeding
facility shall meet or exceed the following requirements in separation
distances from any habitable structure:

    (1) 1320 feet for facilities with an animal unit capacity of 300 to 999;
and

    (2) 4000 feet for facilities with an animal unit capacity of 1,000 or
more.

    (i) The separation distance requirements of subsection (h) shall not
apply if such person newly constructing or newly expanding a confined
feeding facility obtains a written agreement from all owners of habitable
structures which are within the separation distance stating such owners
are aware of such construction or expansion and have no objections to
such construction or expansion. The written agreement shall be filed in
the register of deeds office of the county in which the habitable structure
is located. The secretary may reduce separation distance requirements if:
(1) No substantial objection from owners of habitable structures within
the separation distance is received in response to public notice; or (2) the
board of county commissioners of the county where the confined feeding
facility is located submits a written request seeking a reduction of sepa-
ration distances.

    (j) The separation distances required pursuant to subsection (h) shall
not apply to:

    (1) Confined feeding facilities which are permitted or certified by the
secretary on the effective date of this act;

    (2) confined feeding facilities which exist on the effective date of this
act and register with the secretary before July 1, 1996; or

    (3) expansion of a confined feeding facility, including any expansion
for which an application is pending on the effective date of this act, if:
(A) In the case of a facility with an animal unit capacity of 1,000 or more
prior to the effective date of this act, the expansion is located at a distance
not less than the distance between the facility and the nearest habitable
structure prior to the expansion; or (B) in the case of a facility with an
animal unit capacity of less than 1,000 prior to the effective date of this
act and, the expansion is located at a distance not less than the distance
between the facility and the nearest habitable structure prior to the ex-
pansion the animal unit capacity of the facility after expansion does not
exceed 2,000.

    (k) All plans and specifications submitted to the department for new
construction or new expansion of confined feeding facilities may be, but
are not required to be, prepared by a professional engineer or a consult-
ant.

    Sec. 36. Upon expiration of the provisions of section 29 pursuant to
section 30, K.S.A. 79-32,117 is hereby revived to read as follows: 79-
32,117. (a) The Kansas adjusted gross income of an individual means such
individual's federal adjusted gross income for the taxable year, with the
modifications specified in this section.

    (b) There shall be added to federal adjusted gross income:

    (i) Interest income less any related expenses directly incurred in the
purchase of state or political subdivision obligations, to the extent that
the same is not included in federal adjusted gross income, on obligations
of any state or political subdivision thereof, but to the extent that interest
income on obligations of this state or a political subdivision thereof issued
prior to January 1, 1988, is specifically exempt from income tax under the
laws of this state authorizing the issuance of such obligations, it shall be
excluded from computation of Kansas adjusted gross income whether or
not included in federal adjusted gross income. Interest income on obli-
gations of this state or a political subdivision thereof issued after Decem-
ber 31, 1987, shall be excluded from computation of Kansas adjusted
gross income whether or not included in federal adjusted gross income.

    (ii) Taxes on or measured by income or fees or payments in lieu of
income taxes imposed by this state or any other taxing jurisdiction to the
extent deductible in determining federal adjusted gross income and not
credited against federal income tax. This paragraph shall not apply to taxes
imposed under the provisions of K.S.A. 79-1107 or 79-1108, and amend-
ments thereto, for privilege tax year 1995, and all such years thereafter.

    (iii) The federal net operating loss deduction.

    (iv) Federal income tax refunds received by the taxpayer if the de-
duction of the taxes being refunded resulted in a tax benefit for Kansas
income tax purposes during a prior taxable year. Such refunds shall be
included in income in the year actually received regardless of the method
of accounting used by the taxpayer. For purposes hereof, a tax benefit
shall be deemed to have resulted if the amount of the tax had been de-
ducted in determining income subject to a Kansas income tax for a prior
year regardless of the rate of taxation applied in such prior year to the
Kansas taxable income, but only that portion of the refund shall be in-
cluded as bears the same proportion to the total refund received as the
federal taxes deducted in the year to which such refund is attributable
bears to the total federal income taxes paid for such year. For purposes
of the foregoing sentence, federal taxes shall be considered to have been
deducted only to the extent such deduction does not reduce Kansas tax-
able income below zero.

    (v) The amount of any depreciation deduction or business expense
deduction claimed on the taxpayer's federal income tax return for any
capital expenditure in making any building or facility accessible to the
handicapped, for which expenditure the taxpayer claimed the credit al-
lowed by K.S.A. 79-32,177, and amendments thereto.

    (vi) Any amount of designated employee contributions picked up by
an employer pursuant to K.S.A. 12-5005, 20-2603, 74-4919 and 74-4965,
and amendments to such sections.

    (vii) The amount of any charitable contribution made to the extent
the same is claimed as the basis for the credit allowed pursuant to K.S.A.
79-32,196, and amendments thereto.

    (c) There shall be subtracted from federal adjusted gross income:

    (i) Interest or dividend income on obligations or securities of any
authority, commission or instrumentality of the United States and its pos-
sessions less any related expenses directly incurred in the purchase of
such obligations or securities, to the extent included in federal adjusted
gross income but exempt from state income taxes under the laws of the
United States.

    (ii) Any amounts received which are included in federal adjusted
gross income but which are specifically exempt from Kansas income tax-
ation under the laws of the state of Kansas.

    (iii) The portion of any gain or loss from the sale or other disposition
of property having a higher adjusted basis for Kansas income tax purposes
than for federal income tax purposes on the date such property was sold
or disposed of in a transaction in which gain or loss was recognized for
purposes of federal income tax that does not exceed such difference in
basis, but if a gain is considered a long-term capital gain for federal in-
come tax purposes, the modification shall be limited to that portion of
such gain which is included in federal adjusted gross income.

    (iv) The amount necessary to prevent the taxation under this act of
any annuity or other amount of income or gain which was properly in-
cluded in income or gain and was taxed under the laws of this state for a
taxable year prior to the effective date of this act, as amended, to the
taxpayer, or to a decedent by reason of whose death the taxpayer acquired
the right to receive the income or gain, or to a trust or estate from which
the taxpayer received the income or gain.

    (v) The amount of any refund or credit for overpayment of taxes on
or measured by income or fees or payments in lieu of income taxes im-
posed by this state, or any taxing jurisdiction, to the extent included in
gross income for federal income tax purposes.

    (vi) Accumulation distributions received by a taxpayer as a beneficiary
of a trust to the extent that the same are included in federal adjusted
gross income.

    (vii) Amounts received as annuities under the federal civil service
retirement system from the civil service retirement and disability fund
and other amounts received as retirement benefits in whatever form
which were earned for being employed by the federal government or for
service in the armed forces of the United States.

    (viii) Amounts received by retired railroad employees as a supple-
mental annuity under the provisions of 45 U.S.C. 228b (a) and 228c (a)(1)
et seq.

    (ix) Amounts received by retired employees of a city and by retired
employees of any board of such city as retirement allowances pursuant to
K.S.A. 13-14,106, and amendments thereto, or pursuant to any charter
ordinance exempting a city from the provisions of K.S.A. 13-14,106, and
amendments thereto.

    (x) For taxable years beginning after December 31, 1976, the amount
of the federal tentative jobs tax credit disallowance under the provisions
of 26 U.S.C. 280 C. For taxable years ending after December 31, 1978,
the amount of the targeted jobs tax credit and work incentive credit dis-
allowances under 26 U.S.C. 280 C.

    (xi) For taxable years beginning after December 31, 1986, dividend
income on stock issued by Kansas Venture Capital, Inc.

    (xii) For taxable years beginning after December 31, 1989, amounts
received by retired employees of a board of public utilities as pension and
retirement benefits pursuant to K.S.A. 13-1246, 13-1246a and 13-1249
and amendments thereto.

    (xiii) For taxable years beginning after December 31, 1993, the
amount of income earned on contributions deposited to an individual
development account under K.S.A. 79-32,117h, and amendments thereto.

    (xiv) For all taxable years commencing after December 31, 1996, that
portion of any income of a bank organized under the laws of this state or
any other state, a national banking association organized under the laws
of the United States, an association organized under the savings and loan
code of this state or any other state, or a federal savings association or-
ganized under the laws of the United States, for which an election as an
S corporation under subchapter S of the federal internal revenue code is
in effect, which accrues to the taxpayer who is a stockholder of such
corporation and which is not distributed to the stockholders as dividends
of the corporation.

    (d) There shall be added to or subtracted from federal adjusted gross
income the taxpayer's share, as beneficiary of an estate or trust, of the
Kansas fiduciary adjustment determined under K.S.A. 79-32,135, and
amendments thereto.

    (e) The amount of modifications required to be made under this sec-
tion by a partner which relates to items of income, gain, loss, deduction
or credit of a partnership shall be determined under K.S.A. 79-32,131,
and amendments thereto, to the extent that such items affect federal
adjusted gross income of the partner.

    New Sec. 37. The secretary of health and environment shall adopt
rules and regulations establishing standards and procedures for compost-
ing livestock, including chickens and turkeys.

    New Sec. 38. (a) When used in this section ``county'' means any
county which has conducted, prior to March 1, 1998, an advisory election
on the question of rescinding a resolution adopted pursuant to K.S.A. 17-
5908, as it existed before the effective date of this act.

    (b) The board of county commissioners of any county may adopt a
resolution rescinding a resolution adopted pursuant to K.S.A. 17-5908,
and amendments thereto. Upon presentation of a petition requesting the
recision of a resolution adopted pursuant to K.S.A. 17-5908, and amend-
ments thereto, signed by at least 5% of the qualified electors of the
county, the board of county commissioners shall adopt a resolution re-
scinding such resolution. Any resolution adopted pursuant to this section
shall be submitted to the qualified electors of the county at the next state
or county-wide regular or special election which occurs more than 60
days after the adoption of a resolution pursuant to this section. If a ma-
jority of the voters vote in favor of adopting the resolution, the county
election officer shall transmit a copy of the results of the election to the
secretary of state who shall publish in the Kansas register the results of
such election and that swine production facilities are not allowed to be
established in such county.

    (c) The election provided for by this section shall be conducted, and
the votes counted and canvassed, in the manner provided by law for
question submitted elections of the county.

    (d) The provisions of this section shall expire December 31, 1998.

    Sec. 39. K.S.A. 1997 Supp. 19-101a is hereby amended to read as
follows: 19-101a. (a) The board of county commissioners may transact all
county business and perform all powers of local legislation and adminis-
tration it deems appropriate, subject only to the following limitations,
restrictions or prohibitions:

    (1) Counties shall be subject to all acts of the legislature which apply
uniformly to all counties.

    (2) Counties may not consolidate or alter county boundaries.

    (3) Counties may not affect the courts located therein.

    (4) Counties shall be subject to acts of the legislature prescribing
limits of indebtedness.

    (5) In the exercise of powers of local legislation and administration
authorized under provisions of this section, the home rule power con-
ferred on cities to determine their local affairs and government shall not
be superseded or impaired without the consent of the governing body of
each city within a county which may be affected.

    (6) Counties may not legislate on social welfare administered under
state law enacted pursuant to or in conformity with public law No.
271--74th congress, or amendments thereof.

    (7) Counties shall be subject to all acts of the legislature concerning
elections, election commissioners and officers and their duties as such
officers and the election of county officers.

    (8) Counties shall be subject to the limitations and prohibitions im-
posed under K.S.A. 12-187 to 12-195, inclusive, and amendments thereto,
prescribing limitations upon the levy of retailers' sales taxes by counties.

    (9) Counties may not exempt from or effect changes in statutes made
nonuniform in application solely by reason of authorizing exceptions for
counties having adopted a charter for county government.

    (10) No county may levy ad valorem taxes under the authority of this
section upon real property located within any redevelopment area estab-
lished under the authority of K.S.A. 12-1772, and amendments thereto,
unless the resolution authorizing the same specifically authorized a por-
tion of the proceeds of such levy to be used to pay the principal of and
interest upon bonds issued by a city under the authority of K.S.A. 12-
1774, and amendments thereto.

    (11) Counties shall have no power under this section to exempt from
any statute authorizing or requiring the levy of taxes and providing sub-
stitute and additional provisions on the same subject, unless the resolution
authorizing the same specifically provides for a portion of the proceeds
of such levy to be used to pay a portion of the principal and interest on
bonds issued by cities under the authority of K.S.A. 12-1774, and amend-
ments thereto.

    (12) Counties may not exempt from or effect changes in the provi-
sions of K.S.A. 19-4601 to 19-4625, inclusive, and amendments thereto.

    (13) Except as otherwise specifically authorized by K.S.A. 12-1,101
to 12-1,109, inclusive, and amendments thereto, counties may not levy
and collect taxes on incomes from whatever source derived.

    (14) Counties may not exempt from or effect changes in K.S.A. 19-
430, and amendments thereto. Any charter resolution adopted by a
county prior to July 1, 1983, exempting from or effecting changes in
K.S.A. 19-430, and amendments thereto, is null and void.

    (15) Counties may not exempt from or effect changes in K.S.A. 19-
302, 19-502b, 19-503, 19-805 or 19-1202, and amendments thereto.

    (16) Counties may not exempt from or effect changes in K.S.A. 13-
13a26, and amendments thereto. Any charter resolution adopted by a
county, prior to the effective date of this act, exempting from or effecting
changes in K.S.A. 13-13a26, and amendments thereto, is null and void.

    (17) Counties may not exempt from or effect changes in K.S.A. 71-
301, and amendments thereto. Any charter resolution adopted by a
county, prior to the effective date of this act, exempting from or effecting
changes in K.S.A. 71-301, and amendments thereto, is null and void.

    (18) Counties may not exempt from or effect changes in K.S.A. 19-
15,139, 19-15,140 and 19-15,141, and amendments thereto. Any charter
resolution adopted by a county prior to the effective date of this act,
exempting from or effecting changes in such sections is null and void.

    (19) Counties may not exempt from or effect changes in the provi-
sions of K.S.A. 12-1223, 12-1225, 12-1225a, 12-1225b, 12-1225c and
12-1226, and amendments thereto, or the provisions of K.S.A. 1997 Supp.
12-1260 to 12-1270, inclusive, and amendments thereto, and 12-1276,
and amendments thereto.

    (20) Counties may not exempt from or effect changes in the provi-
sions of K.S.A. 19-211, and amendments thereto.

    (21) Counties may not exempt from or effect changes in the provi-
sions of K.S.A. 19-4001 to 19-4015, inclusive, and amendments thereto.

    (22) Counties may not regulate the production or drilling of any oil
or gas well in any manner which would result in the duplication of reg-
ulation by the state corporation commission and the Kansas department
of health and environment pursuant to chapter 55 and chapter 65 of the
Kansas Statutes Annotated and any rules and regulations adopted pur-
suant thereto. Counties may not require any license or permit for the
drilling or production of oil and gas wells. Counties may not impose any
fee or charge for the drilling or production of any oil or gas well.

    (23) Counties may not exempt from or effect changes in K.S.A. 79-
41a04, and amendments thereto.

    (24) Counties may not exempt from or effect changes in K.S.A. 1997
Supp. 79-1611, and amendments thereto.

    (25) Counties may not exempt from or effect changes in K.S.A. 1997
Supp. 79-1494, and amendments thereto.

    (26) Counties may not exempt from or effect changes in subsection
(b) of K.S.A. 19-202, and amendments thereto.

    (27) Counties may not exempt from or effect changes in subsection
(b) of K.S.A. 2-1915, 19-204, and amendments thereto.

    (28) Counties may not exempt from or effect changes in K.S.A. 2-
1915, 2-3302, 2-3305, 2-3307, 17-5904, 17-5908, 47-1219, 65-171d, 74-
5065, 74-5066, 74-8902, 74-8905 and 79-32,117, sections 2 through 22,
24, 28, 37 and 38 and amendments thereto or revivers thereof.

    (b) Counties shall apply the powers of local legislation granted in
subsection (a) by resolution of the board of county commissioners. If no
statutory authority exists for such local legislation other than that set forth
in subsection (a) and the local legislation proposed under the authority
of such subsection is not contrary to any act of the legislature, such local
legislation shall become effective upon passage of a resolution of the
board and publication in the official county newspaper. If the legislation
proposed by the board under authority of subsection (a) is contrary to an
act of the legislature which is applicable to the particular county but not
uniformly applicable to all counties, such legislation shall become effec-
tive by passage of a charter resolution in the manner provided in K.S.A.
19-101b, and amendments thereto.

    Sec. 40. K.S.A. 74-5065 is hereby amended to read as follows: 74-
5065. As used in this act:

    (a) ``Kansas industrial training program'' or ``KIT program'' means a
program under which the secretary provides for training, customized to
meet the specifications of a new or expanding industry, of new employees
or prospective employees, or both, of the industry.

    (b) ``Kansas industrial retraining program'' or ``KIR program'' means
a program under which the secretary provides for retraining, customized
to meet the specifications of a restructuring industry, of employees of the
industry.

    (c) ``New or expanding industry'' means an industry which is locating
or is newly located in Kansas or an existing industry which is located in
Kansas and is expanding its work force.

    (d) ``Training'' means training of employees or preemployment train-
ing of prospective employees for jobs newly created by a new or expand-
ing industry.

    (e) ``Restructuring industry'' means an existing industry which is lo-
cated in Kansas and is restructuring its operations through incorporation
of existing technology, development and incorporation of new technology,
diversification of production or development and implementation of new
production.

    (f) ``Retraining'' means retraining of employees of a restructuring in-
dustry who are likely to be displaced because of obsolete or inadequate
job skills and knowledge.

    (g) ``Job training agency'' means any public or private educational or
job training institution and any other public or private entity which is
qualified to provide the training or retraining required under the KIT
and KIR programs.

    (h) ``Secretary'' means the secretary of commerce.

    (i) ``Agricultural land,'' ``corporation,'' ``corporate partnership,'' ``lim-
ited liability company,'' ``limited partnership,'' ``swine production facility''
and ``trust'' have the meanings ascribed pursuant to K.S.A. 17-5903, and
amendments thereto.

    Sec. 41. K.S.A. 1997 Supp. 74-5066 is hereby amended to read as
follows: 74-5066. (a) The secretary shall administer the KIT program and
the KIR program and shall:

    (1) Consider proposals from industries and job training agencies for
training or retraining services under the programs;

    (2) publicize the programs and the procedures for making and sub-
mitting proposals for participation therein;

    (3) establish standards and criteria for consideration of proposals and
for assigning priorities among industries making proposals;

    (4) ensure the provision of adequate fiscal and accounting controls
under the programs;

    (5) allocate and distribute funds made available for administration of
the programs;

    (6) evaluate the programs each year and make a report on the per-
formance and cost effectiveness thereof as a part of the annual report
required by K.S.A. 1997 Supp. 74-5049, and amendments thereto; and

    (7) adopt rules and regulations necessary for administration of the
programs.

    (b) Contractual agreements may be entered into by the secretary with
any industry or job training agency for participation in the programs and
such agreements may be in the form of fixed-fee performance contracts.
Training services under the KIT program may be provided at no cost to
the industry or on a shared-cost basis with the industry as determined
through negotiation between the secretary and the industry. Retraining
services under the KIR program shall be provided on a shared cost basis.
All expenditures for the payment of costs under the KIT and KIR pro-
grams shall be made in accordance with appropriation acts upon warrants
of the director of accounts and reports issued pursuant to vouchers ap-
proved by the secretary or by a person or persons designated by the
secretary. Notwithstanding any provision of law to the contrary, contrac-
tual agreements entered into under the KIT program or the KIR program
shall not be subject to competitive bidding procedures of K.S.A. 75-3739
and amendments thereto.

    (c) Within the limitation of funds available for the KIT and KIR pro-
grams and to the extent practicable, the secretary shall make participation
in the programs available to all industries which submit proposals to par-
ticipate therein, if consistent with program goals and objectives and the
allocation of resources for the programs. Goals and objectives for the KIT
and KIR programs shall include appropriate priorities for basic industries.

    (d) The secretary shall not use any funds in the KIT program or KIR
program for the training or retraining of employees who are employed
by a swine production facility on agricultural land which is owned, ac-
quired, obtained or leased by a corporation, limited liability company,
limited partnership, corporate partnership or trust.

    Sec. 42. K.S.A. 1997 Supp. 74-8902 is hereby amended to read as
follows: 74-8902. The following words or terms used in this act shall have
the following meanings unless a different meaning clearly appears from
the context:

    (a) ``Act'' means the Kansas development finance authority act.

    (b) ``Authority'' means the Kansas development finance authority cre-
ated by K.S.A. 74-8903, and amendments thereto.

    (c) ``Agricultural business enterprises'' means facilities supporting or
utilized in the operation of farms, ranches and other agricultural, aqua-
cultural or silvicultural commodity producers and services provided in
conjunction with the foregoing. ``Agricultural business enterprise'' shall
not include a swine production facility on agricultural land which is
owned, acquired, obtained or leased by a corporation, limited liability
company, limited partnership, corporate partnership or trust.

    (d) ``Board of directors'' means the board of directors of the authority
created by K.S.A. 74-8903, and amendments thereto.

    (e) ``Bonds'' means any bonds, notes, debentures, interim certificates,
grant and revenue anticipation notes, interest in a lease, lease certificate
of participation or other evidences of indebtedness, whether or not the
interest on which is subject to federal income taxation, issued by the
authority pursuant to this act.

    (f) ``Capital improvements'' means any physical public betterment or
improvement or any preliminary plans, studies or surveys relative thereto;
land or rights in land, including, without limitations, leases, air rights,
easements, rights-of-way or licenses; and any furnishings, machinery, ve-
hicles, apparatus or equipment for any public betterment or improve-
ment.

    (g) ``Construct'' means to acquire or build, in whole or in part, in such
manner and by such method as the authority shall determine to be in the
public interest and necessary to accomplish the purposes of and authority
set forth in this act.

    (h) ``Loans'' means loans made for the purposes of financing any of
the activities authorized within this act, including loans made to financial
institutions for funding or as security for loans made for accomplishing
any of the purposes of this act and reserves and expenses appropriate or
incidental thereto.

    (i) ``Educational facilities'' means real, personal and mixed property
of any and every kind intended by an educational institution in further-
ance of its educational program.

    (j) ``Facilities'' means any real property, personal property or mixed
property of any and every kind.

    (k) ``Health care facilities'' means facilities for furnishing physical or
mental health care.

    (l) ``Housing development'' means any work or undertaking, whether
new construction or rehabilitation, which is designed and financed pur-
suant to the provisions of this act for the primary purpose of providing
dwelling accommodations for elderly persons and families of low income
in need of housing.

    (m) ``Industrial enterprise'' means facilities for manufacturing, pro-
ducing, processing, assembling, repairing, extracting, warehousing, dis-
tributing, communications, computer services, transportation, corporate
and management offices and services provided in connection with any of
the foregoing, in isolation or in any combination, that involve the creation
of new or additional employment or the retention of existing employment.

    (n) ``Political subdivision'' means political or taxing subdivisions of the
state, including municipal and quasi-municipal corporations, boards, com-
missions, authorities, councils, committees, subcommittees and other
subordinate groups or administrative units thereof, receiving or expend-
ing and supported, in whole or in part, by public funds.

    (o) ``Pooled bonds'' means bonds of the authority, the interest on
which is subject to federal income taxation, which are issued for the pur-
pose of acquiring bonds issued by two or more political subdivisions.

    (p) ``State'' means the state of Kansas.

    (q) ``State agency'' means any office, department, board, commission,
bureau, division, public corporation, agency or instrumentality of this
state.

    (r) ``Agricultural land,'' ``corporation,'' ``corporate partnership,'' ``lim-
ited liability company,'' ``limited partnership,'' ``swine production facility''
and ``trust'' have the meanings ascribed pursuant to K.S.A. 17-5903, and
amendments thereto.

    Sec. 43. K.S.A. 1997 Supp. 74-8905 is hereby amended to read as
follows: 74-8905. (a) The authority is hereby authorized and empowered
to issue bonds, either for a specific activity or on a pooled basis for a series
of related or unrelated activities or projects duly authorized by a political
subdivision or group of political subdivisions of the state in such amounts
as shall be determined by the authority for the purpose of financing cap-
ital improvement facilities, educational facilities, health care facilities and
housing developments. Nothing in this act shall be construed to authorize
the authority to issue bonds or use the proceeds thereof to (1) purchase,
condemn, or otherwise acquire a utility plant or distribution system
owned or operated by a regulated public utility or, (2) finance any capital
improvement facilities, educational facilities, or health care facilities
which are authorized under the laws of the state to be financed by the
issuance of general obligation or utility revenue bonds of a political sub-
division, except that the acquisition by the authority of general obligation
or utility revenue bonds issued by political subdivisions with the proceeds
of pooled bonds shall not violate the provisions of the foregoing; or (3)
purchase, acquire, construct, reconstruct, improve, equip, furnish, repair,
enlarge or remodel property for any swine production facility on agri-
cultural land which is owned, acquired, obtained or leased by a corpo-
ration, limited liability company, limited partnership, corporate partner-
ship or trust. Nothing in this subsection (a) shall prohibit the issuance of
bonds by the authority when any statute specifically authorizes the issu-
ance of bonds by the authority or approves any activity or project of a
state agency for purposes of authorizing any such issuance of bonds in
accordance with this section and provides an exemption from the provi-
sions of this subsection (a).

    (b) The authority is hereby authorized and empowered to issue bonds
for activities and projects of state agencies as requested by the secretary
of administration. No bonds may be issued pursuant to this act for any
activity or project of a state agency unless the activity or project either
has been approved by an appropriation or other act of the legislature or
has been approved by the state finance council acting on this matter which
is hereby characterized as a matter of legislative delegation and subject
to the guidelines prescribed in subsection (c) of K.S.A. 75-3711c and
amendments thereto. When requested to do so by the secretary of ad-
ministration, the authority is further authorized and empowered to issue
bonds for the purpose of refunding, whether at maturity or in advance of
maturity, any outstanding bonded indebtedness of any state agency. The
revenues of any state agency which are pledged as security for any bonds
of such state agency which are refunded by refunding bonds of the au-
thority may be pledged to the authority as security for the refunding
bonds.

    (c) The authority is hereby authorized and empowered to issue bonds
for the purpose of financing industrial enterprises, agricultural business
enterprises, educational facilities, health care facilities and housing de-
velopments, or any combination of such facilities, or any interest in facil-
ities, including without limitation leasehold interests in and mortgages on
such facilities. No less than 30 days prior to the issuance of any bonds
authorized under this act with respect to any project or activity which is
to be undertaken for the direct benefit of any person or entity which is
not a state agency or a political subdivision, written notice of the intention
of the authority to provide financing and issue bonds therefor shall be
given by the president of the authority to the governing body of the city
in which the project or activity is to be located, or, if the project or activity
is not proposed to be located within a city, such notice shall be given to
the governing body of the county. No bonds for the financing of the
project or activity shall be issued by the authority for a one-year period
if, within 15 days after the giving of such notice, the governing body of
the political subdivision in which the project or activity is proposed to be
located shall have duly enacted an ordinance or resolution stating express
disapproval of the project or activity and shall have notified the president
of the authority of such disapproval.

    (d) The authority is hereby authorized and empowered to issue bonds
for the purpose of establishing and funding one or more series of venture
capital funds in such principal amounts, at such interest rates, in such
maturities, with such security, and upon such other terms and in such
manner as is approved by resolution of the authority. The proceeds of
such bonds not placed in a venture capital fund or used to pay or reim-
burse organizational, offering and administrative expenses and fees nec-
essary to the issuance and sale of such bonds shall be invested and rein-
vested in such securities and other instruments as shall be provided in
the resolution under which such bonds are issued. Moneys in a venture
capital fund shall be used to make venture capital investments in new,
expanding or developing businesses, including, but not limited to, equity
and debt securities, warrants, options and other rights to acquire such
securities, subject to the provisions of the resolution of the authority. The
authority shall establish an investment policy with respect to the invest-
ment of the funds in a venture capital fund not inconsistent with the
purposes of this act. The authority shall enter into an agreement with a
management company experienced in venture capital investments to
manage and administer each venture capital fund upon terms not incon-
sistent with the purposes of this act and such investment policy. The
authority may establish an advisory board to provide advice and consulting
assistance to the authority and the management company with respect to
the management and administration of each venture capital fund and the
establishment of its investment policy. All fees and expenses incurred in
the management and administration of a venture capital fund not paid or
reimbursed out of the proceeds of the bonds issued by the authority shall
be paid or reimbursed out of such venture capital fund.

    (e) The authority is hereby authorized and empowered to use the
proceeds of any bond issues herein authorized, together with any other
available funds, for venture capital investments or for purchasing, leasing,
constructing, restoring, renovating, altering or repairing facilities as
herein authorized, for making loans, purchasing mortgages or security
interests in loan participations and paying all incidental expenses there-
with, paying expenses of authorizing and issuing the bonds, paying inter-
est on the bonds until revenues thereof are available in sufficient amounts,
purchasing bond insurance or other credit enhancements on the bonds,
and funding such reserves as the authority deems necessary and desirable.
All moneys received by the authority, other than moneys received by
virtue of an appropriation, are hereby specifically declared to be cash
funds, restricted in their use and to be used solely as provided herein.
No moneys of the authority other than moneys received by appropriation
shall be deposited with the state treasurer.

    (f) Any time the authority is required to publish a notification pur-
suant to the tax equity and fiscal responsibility act of 1982, the authority
shall further publish such notification in the Kansas register.

    (g) Any time the authority issues bonds pursuant to this section, the
authority shall publish notification of such issuance of bonds 14 days prior
to any bond hearing in the official county newspaper where such bonds
will be used and in the Kansas register.

    Sec. 44. K.S.A. 1997 Supp. 17-5904 is hereby amended to read as
follows: 17-5904. (a) No corporation, trust, limited liability company, lim-
ited partnership or corporate partnership, other than a family farm cor-
poration, authorized farm corporation, limited liability agricultural com-
pany, family farm limited liability agricultural company, limited
agricultural partnership, family trust, authorized trust or testamentary
trust shall, either directly or indirectly, own, acquire or otherwise obtain
or lease any agricultural land in this state. The restrictions provided in
this section do not apply to the following:

    (1) A bona fide encumbrance taken for purposes of security.

    (2) Agricultural land when acquired as a gift, either by grant or devise,
by a bona fide educational, religious or charitable nonprofit corporation.

    (3) Agricultural land acquired by a corporation or a limited liability
company in such acreage as is necessary for the operation of a nonfarming
business. Such land may not be used for farming except under lease to
one or more natural persons, a family farm corporation, authorized farm
corporation, family trust, authorized trust or testamentary trust. The cor-
poration shall not engage, either directly or indirectly, in the farming
operation and shall not receive any financial benefit, other than rent, from
the farming operation.

    (4) Agricultural land acquired by a corporation or a limited liability
company by process of law in the collection of debts, or pursuant to a
contract for deed executed prior to the effective date of this act, or by
any procedure for the enforcement of a lien or claim thereon, whether
created by mortgage or otherwise, if such corporation divests itself of any
such agricultural land within 10 years after such process of law, contract
or procedure, except that provisions of K.S.A. 9-1102, and amendments
thereto, shall apply to any bank which acquires agricultural land.

    (5) A municipal corporation.

    (6) Agricultural land which is acquired by a trust company or bank in
a fiduciary capacity or as a trustee for a nonprofit corporation.

    (7) Agricultural land owned or leased or held under a lease purchase
agreement as described in K.S.A. 12-1741, and amendments thereto, by
a corporation, corporate partnership, limited corporate partnership or
trust on the effective date of this act if: (A) Any such entity owned or
leased such agricultural land prior to July 1, 1965, provided such entity
shall not own or lease any greater acreage of agricultural land than it
owned or leased prior to the effective date of this act unless it is in com-
pliance with the provisions of this act; (B) any such entity was in compli-
ance with the provisions of K.S.A. 17-5901 prior to its repeal by this act,
provided such entity shall not own or lease any greater acreage of agri-
cultural land than it owned or leased prior to the effective date of this act
unless it is in compliance with the provisions of this act, and absence of
evidence in the records of the county where such land is located of a
judicial determination that such entity violated the provisions of K.S.A.
17-5901 prior to its repeal shall constitute proof that the provisions of this
act do not apply to such agricultural land, and that such entity was in
compliance with the provisions of K.S.A. 17-5901 prior to its repeal; or
(C) any such entity was not in compliance with the provisions of K.S.A.
17-5901 prior to its repeal by this act, but is in compliance with the
provisions of this act by July 1, 1991.

    (8) Agricultural land held or leased by a corporation or a limited li-
ability company for use as a feedlot, a poultry confinement facility or
rabbit confinement facility.

    (9) Agricultural land held or leased by a corporation for the purpose
of the production of timber, forest products, nursery products or sod.

    (10) Agricultural land used for bona fide educational research or sci-
entific or experimental farming.

    (11) Agricultural land used for the commercial production and con-
ditioning of seed for sale or resale as seed or for the growing of alfalfa by
an alfalfa processing entity if such land is located within 30 miles of such
entity's plant site.

    (12) Agricultural land owned or leased by a corporate partnership or
limited corporate partnership in which the partners associated therein are
either natural persons, family farm corporations, authorized farm corpo-
rations, limited liability agricultural companies, family trusts, authorized
trusts or testamentary trusts.

    (13) Any corporation, either domestic or foreign, or any limited lia-
bility company, organized for coal mining purposes which engages in
farming on any tract of land owned by it which has been strip mined for
coal.

    (14) Agricultural land owned or leased by a limited partnership prior
to the effective date of this act.

    (15) Except as provided by K.S.A. 17-5908 and amendments thereto,
as it existed before the effective date of this act, and section 38, agricultural
land held or leased by a corporation or a limited liability company for use
as a swine production facility in any county which, before the effective
date of this act, has voted favorably pursuant to K.S.A. 17-5908 and
amendments thereto, as it existed before the effective date of this act,
either by county resolution or by the electorate.

    (16) Agricultural land held or leased by a corporation or limited lia-
bility company for use as a swine production facility in any county where
the voters, after the effective date of this act, have voted pursuant to K.S.A.
17-5908, and amendments thereto, to allow establishment of swine pro-
duction facilities within the county.

    (16) (17) Agricultural land held or leased by a corporation or a limited
liability company for use as a dairy production facility in any county which
has voted favorably pursuant to K.S.A. 17-5907 and amendments thereto,
either by county resolution or by the electorate.

    (17) (18) Agricultural land held or leased by a corporation or a limited
liability company used in a hydroponics setting.

    (b) Production contracts entered into by a corporation, trust, limited
liability company, limited partnership or corporate partnership and a per-
son engaged in farming for the production of agricultural products shall
not be construed to mean the ownership, acquisition, obtainment or lease,
either directly or indirectly, of any agricultural land in this state.

    (c) Any corporation, trust, limited liability company, limited partner-
ship or corporate partnership, other than a family farm corporation, au-
thorized farm corporation, limited liability agricultural company, family
farm limited liability agricultural company, limited agricultural partner-
ship, family trust, authorized trust or testamentary trust, violating the
provisions of this section shall be subject to a civil penalty of not more
than $50,000 and shall divest itself of any land acquired in violation of
this section within one year after judgment is entered in the action. The
district courts of this state may prevent and restrain violations of this
section through the issuance of an injunction. The attorney general or
district or county attorney shall institute suits on behalf of the state to
enforce the provisions of this section.

    (d) Civil penalties sued for and recovered by the attorney general
shall be paid into the state general fund. Civil penalties sued for and
recovered by the county attorney or district attorney shall be paid into
the general fund of the county where the proceedings were instigated.

    Sec. 45. K.S.A. 17-5908 is hereby amended to read as follows: 17-
5908. (a) (1) The board of county commissioners, by resolution, may per-
mit a submit to the qualified voters of the county a proposition to allow
swine production facility facilities, as defined in K.S.A. 17-5903, and
amendments thereto, to be established within the county. Such resolution
shall be published once each week for two consecutive weeks in the of-
ficial county newspaper. The resolution shall take effect 60 days after final
publication unless a valid petition in opposition to the same is filed.

    (2) If within 60 days of the final publication of the resolution, a valid
protest petition to submit the resolution to the qualified voters of the
county is signed by qualified electors of the county equal in number to
not less than 5% of the electors of the county who voted for the office of
secretary of state at the last preceding general election at which such
office was elected and is filed with the county election officer Upon adop-
tion of such resolution, the county election officer shall submit the ques-
tion of whether a swine production facility facilities shall be allowed to
be established in such county at the next state or county-wide regular or
special election.

    (b) (1) The board of county commissioners, upon a petition filed in
accordance with paragraph (b)(2), shall submit to the qualified electors
voters of the county a proposition to permit a allow swine production
facility facilities, as defined in K.S.A. 17-5903, and amendments thereto,
to be established within the county.

    (2) A petition to submit a proposition to the qualified voters of a
county pursuant to this section subsection (b) shall be filed with the county
election officer. The petition shall be signed by qualified electors voters
of the county equal in number to not less than 5% of the electors voters
of the county who voted for the office of secretary of state at the last
preceding general election at which such office was elected. The following
shall appear on the petition:

    ``We request an election to determine whether a corporate swine pro-
duction facility facilities shall be allowed to be established in

---

county, pursuant to K.S.A. 17-5904.''

    (3) Upon the submission of a valid petition calling for an election
pursuant to this subsection, the county election officer shall submit the
question of whether a swine production facility facilities shall be allowed
to be established in such county at the next state or county-wide regular
or special election which occurs more than 60 days after the petition is
filed with the county election officer.

    (c) If a majority of the votes cast and counted are in opposition to
allowing swine production facilities to be established in such county, the
county election officer shall transmit a copy of the result to the secretary
of state who shall publish in the Kansas register the result of such election
and that swine production facilities are not allowed to be established in
such county.

    (d) If a majority of the votes cast and counted is in favor of the prop-
osition, the county election officer shall transmit a copy of the result to
the secretary of state who shall publish in the Kansas register the result
of such election and that swine production facilities are allowed to be
established in such county.

    (e) The election provided for by this section shall be conducted, and
the votes counted and canvassed, in the manner provided by law for
question submitted elections of the county, except that the county election
officer shall publish in the official county newspaper a notice of such
election once each week for two consecutive weeks, the first publication
to be not less than 21 days before the election, and such notice shall state
the date and time of the election and the proposition that will appear on
the ballot.

    Sec. 46. K.S.A. 2-1915 is hereby amended to read as follows: 2-1915.
(a) Appropriations may be made for grants out of funds in the treasury
of this state for terraces, terrace outlets, check dams, dikes, ponds,
ditches, critical area planting, grassed waterways, tailwater recovery irri-
gation systems, precision land forming, range seeding, detention and
grade stabilization structures and other enduring water conservation prac-
tices installed on public lands and on privately owned lands. Except as
provided by the multipurpose small lakes program act, any such grant
shall not exceed 80% of the total cost of any such practice.

    (b) A program for protection of riparian and wetland areas shall be
developed by the state conservation commission and implemented by the
conservation districts. The conservation districts shall prepare district pro-
grams to address resource management concerns of water quality, erosion
and sediment control and wildlife habitat as part of the conservation dis-
trict long-range and annual work plans. Preparation and implementation
of conservation district programs shall be accomplished with assistance
from appropriate state and federal agencies involved in resource man-
agement.

    (c) Subject to the provisions of K.S.A. 2-1919, and amendments
thereto, any holder of a water right, as defined by subsection (g) of K.S.A.
82a-701, and amendments thereto, who is willing to voluntarily return all
or a part of the water right to the state shall be eligible for a grant not to
exceed 80% of the total cost of the purchase price for such water right.
The state conservation commission shall administer this cost-share pro-
gram with funds appropriated by the legislature for such purpose. The
chief engineer shall certify to the state conservation commission that any
water right for which application for cost-share is received under this
section is eligible in accordance with the criteria established in K.S.A.
2-1919, and amendments thereto.

    (d) (1) Subject to appropriation acts therefor, the state conservation
commission shall develop the Kansas water quality buffer initiative for
the purpose of restoring riparian areas using best management practices.
The executive director of the state conservation commission shall ensure
that the initiative is complementary to the federal conservation reserve
program.

    (2) There is hereby created in the state treasury the Kansas water
quality buffer initiative fund. All expenditures from such fund shall be
made in accordance with appropriation acts upon warrants of the director
of accounts and reports issued pursuant to vouchers approved by the
executive director of the state conservation commission or the executive
director's designee. Money credited to the fund shall be used for the pur-
pose of making grants to install water quality best management practices
pursuant to the initiative.

    (3) The county or district appraiser shall identify and map riparian
buffers consisting of at least one contiguous acre per parcel of real prop-
erty located in the appraiser's county. Notwithstanding any other provi-
sions of law, riparian buffers shall be valued by the county or district
appraiser as tame grass land, native grass land or waste land, as appro-
priate. As used in this subsection (3), ``riparian buffer'' means an area of
stream-side vegetation that: (A) Consists of tame or native grass and may
include forbs and woody plants; (B) is located along a perennial or inter-
mittent stream, including the stream bank and adjoining floodplain; and
(C) is a minimum of 66 feet wide and a maximum of 150 feet wide.

    (d) (e) The state conservation commission shall adopt rules and reg-
ulations to administer such grant and protection programs.

    (e) (f) Any district is authorized to make use of any assistance what-
soever given by the United States, or any agency thereof, or derived from
any other source, for the planning and installation of such practices. The
state conservation commission may enter into agreements with other state
and federal agencies to implement the Kansas water quality buffer initia-
tive.

    Sec. 47. K.S.A. 2-1915, 2-3302, 2-3305, 2-3307, 17-5908, 74-5065,
79-32,117 and 79-32,117i and K.S.A. 1997 Supp. 17-5904, 19-101a, 47-
1219, 65-171d, 74-5066, 74-8902 and 74-8905 are hereby repealed.

    Sec. 48. Upon expiration of the provisions of sections 1 through 29
and 37 pursuant to section 30, K.S.A. 2-3302, as amended by section 23
of this act, 2-3305, as amended by section 25 of this act, 2-3307, as
amended by section 26 of this act, and 79-32,117, as amended by section
29 of this act, and K.S.A. 1997 Supp. 47-1219, as amended by section 27
of this act, and 65-171d, as amended by section 1 of this act, are hereby
repealed.

    Sec. 49. This act shall take effect and be in force from and after its
publication in the Kansas register.

I hereby certify that the above Bill originated in the
House, and passed that body

__________________________________

House adopted
Conference Committee Report __________________________

__________________________________

Speaker of the House.

__________________________________

Chief Clerk of the House.

Passed the Senate
as amended __________________________

Senate adopted
Conference Committe Report __________________________

__________________________________

President of the Senate

__________________________________

Secretary of the Senate.

Approved__________________________

__________________________________

Governor.