[As Amended by House on Final Action]
As Amended by House Committee
Session of 1999
HOUSE BILL No. 2289
By Committee on Environment
2-5
11 AN ACT establishing the commission on surface water quality standards;
12 providing for the powers and duties thereof; [enabling Kansas to
13 enter into the southern dairy interstate compact;] repealing
14 K.S.A. 1998 Supp. 65-1,175, 65-1,176 and 65-1,177 and repealing the
15 existing sections.
16
17 Be it enacted by the Legislature of the State of Kansas:
18 Section 1. (a) As used in this section:
19 (1) "Commission" means the commission on surface water quality
20 standards established by this section.
21 (2) "Department" means the department of health and environment.
22 (3) "Science advisory panel" means a panel of scientists, from
23 outside the department, appointed by the secretary to provide
24 expert advice to the secretary on scientific and technical issues
25 facing the department, to assess the results of specific research
26 efforts as requested by the secretary and to assist in identifying
27 emerging environmental issues.
28 (3) (4) "Secretary" means the secretary of health and environment.
29 (b) There is hereby established the commission on surface water
30 quality standards. The commission shall consist of seven members ap-
31 pointed by the governor. Members of the commission shall have experi-
32 ence in one or more of the following areas and disciplines and shall be
33 appointed so as to achieve a balanced representation of such areas and
34 disciplines: Environmental sciences; civil engineering; business and in-
35 dustry; public finance; municipal wastewater treatment; agriculture or
36 agribusiness; environmental law; public health sciences; aquatic biology;
37 geology; risk assessment; or cost benefit analysis. No member of the
38 commission shall be:
39 (1) An officer or employee or former officer or employee of the de-
40 partment; or
41 (2) a person or officer, employee or agent of an entity that is licensed,
42 inspected or regulated by the department.
43 (c) Of the members first appointed to the commission, the governor
44 shall designate two to serve for terms of four years, two to serve for terms
45 of three years, two to serve for terms of two years and one to serve for a
46 term of one year. Thereafter, members of the commission shall be ap-
47 pointed for terms of four years. When a vacancy occurs in the member-
48 ship of the commission, the vacancy shall be filled for the unexpired term.
49 (d) The chairperson of the commission shall be appointed by the
50 governor from among the members of the commission. The commission
51 may elect such other officers as the commission determines necessary to
52 carry out the powers and duties of the commission. The commission shall
53 meet on call of the chairperson or a majority of the members of the
54 commission.
55 (e) The commission shall be attached to the department. All
56 budgeting, purchasing and related management functions of the
57 commission shall be administered under the direction of the sec-
58 retary. The secretary shall provide office and meeting space and
59 such clerical and other staff assistance as may be necessary to assist
60 the commission in carrying out its powers, duties and functions
61 under this act. All vouchers for expenditures and all payrolls of the
62 commission shall be approved by the chairperson of the commis-
63 sion or a person designated by the chairperson and the secretary
64 or a person designated by the secretary. All expenses of imple-
65 menting the provisions of this act shall be paid from the general
66 operating budget of the department and no moneys shall be ap-
67 propriated specifically for that purpose.
68 (e) The secretary of administration shall provide appropriate space
69 for the meetings of the commission.
70 (f) On request of the commission, the staff of the department, the
71 department of agriculture, the Kansas biological survey, the department
72 of wildlife and parks, Kansas geological survey, Kansas water office
73 and educational institutions under the state board of regents shall coop-
74 erate with and assist the commission.
75 (f) (g) Members of the commission and the science advisory panel
76 shall receive compensation, subsistence, mileage and expenses as pro-
77 vided by K.S.A. 75-3223 and amendments thereto.
78 (g) (h) The commission shall:
79 (1) Consult with and advise the governor, the legislature, the science
80 advisory panel and the secretary on matters relating to surface water
81 quality standards, including recommending revisions to surface water
82 quality standards and development of programs to educate and involve
83 the public in water quality issues.
84 (2) Make a report and recommendations to each regular session of
85 the legislature and to the governor at such times as the commission con-
86 siders advisable concerning matters relating to surface water quality stan-
87 dards, including any necessary or advisable legislation relating to such
88 standards.
89 (3) Before any proposed policy changes regarding surface water qual-
90 ity standards become effective, review and make recommendations to the
91 secretary regarding such policies.
92 (4) Before adoption or amendment of any rules and regulations re-
93 lating to surface water quality standards, investigate, evaluate and make
94 recommendations to the secretary regarding such rules and regulations.
95 [Sec. 2. The state of Kansas shall seek to enter into the south-
96 ern dairy interstate compact with party states for the purpose of
97 the orderly marketing of milk. The secretary of agriculture is
98 hereby authorized to seek to enter into such compact on behalf of
99 the state of Kansas.]
100 Sec. 2. [3.] K.S.A. 1998 Supp. 65-1,175, 65-1,176 and 65-1,177 are
101 hereby repealed.
102 Sec. 3. [4.] This act shall take effect and be in force from and after
103 its publication in the statute book.