Session of 1999
         
HOUSE BILL No. 2311
         
By Representative Haley
          
2-8
          
  9             AN  ACT concerning solid waste; relating to recycled materials; amending
10             K.S.A. 1998 Supp. 65-3415a and 65-3415b and repealing the existing
11             sections.
12      
13       Be it enacted by the Legislature of the State of Kansas:
14             Section  1. K.S.A. 1998 Supp. 65-3415a is hereby amended to read
15       as follows: 65-3415a. (a) There is hereby created in the state treasury the
16       solid waste management fund.
17             (b) The secretary shall remit at least monthly to the state treasurer
18       all moneys collected or received by the secretary from the following
19       sources:
20             (1) Solid waste tonnage fees imposed pursuant to K.S.A. 65-3415b,
21       and amendments thereto;
22             (2) application and annual fees provided for by K.S.A. 65-3407, and
23       amendments thereto;
24             (3) gifts, grants, reimbursements or appropriations intended to be
25       used for the purposes of the fund, but excluding federal grants and co-
26       operative agreements; and
27             (4) any other moneys provided by law.
28             Upon receipt thereof, the state treasurer shall deposit in the state treas-
29       ury any amount remitted pursuant to this subsection and shall credit the
30       entire amount to the solid waste management fund.
31             (c) Moneys in the solid waste management fund shall be expended
32       for the following purposes:
33             (1) Grants to counties or groups of counties or designated city or
34       cities pursuant to K.S.A. 65-3415, and amendments thereto;
35             (2) monitoring and investigating solid waste management plans of
36       counties and groups of counties;
37             (3) payment of extraordinary costs related to monitoring permitted
38       solid waste processing facilities and disposal areas, both during operation
39       and after closure;
40             (4) payment of costs of postclosure cleanup of permitted solid waste
41       disposal areas which, as a result of a postclosure occurrence, pose a sub-
42       stantial hazard to public health or safety or to the environment;
43             (5) emergency payment for costs of cleanup of solid waste disposal

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  1       areas which were closed before the effective date of this act and which
  2       pose a substantial risk to the public health or safety or to the environment,
  3       but. The total amount of such emergency payments during a fiscal year
  4       shall not exceed an amount equal to 50% of all amounts credited to the
  5       fund during the preceding fiscal year excluding amounts credited to the
  6       market development account created by section 3, and amendments
  7       thereto;
  8             (6) payment for emergency action by the secretary as necessary or
  9       appropriate to assure that the public health or safety is not threatened
10       whenever there is a release from a solid waste processing facility or a solid
11       waste disposal area;
12             (7) payment for corrective action by the secretary where the release
13       presents actual or potential threat to human health or the environment,
14       if the owner or operator has not been identified or is unable or unwilling
15       to perform corrective action;
16             (8) payment of the administrative, technical and legal costs incurred
17       by the secretary in carrying out the provisions of K.S.A. 65-3401 through
18       65-3423, and amendments thereto, including the cost of any additional
19       employees or increased general operating costs of the department attrib-
20       utable therefor;
21             (9) development of educational materials and programs for informing
22       the public about solid waste issues;
23             (10) direct payments to reimburse counties or cities for household,
24       farmer or exempt small quantity generator hazardous wastes generated
25       from persons not served by existing household hazardous waste programs
26       or direct payment of contractors for the disposal costs of such wastes; and
27             (11) payment of costs associated with the solid waste grants advisory
28       board pursuant to K.S.A. 1998 Supp. 65-3426, and amendments thereto.;
29       and
30             (12) payment of market development grants awarded pursuant to the
31       program established pursuant to section 3, and amendments thereto.
32             (d) If the secretary determines that expenditures from the solid waste
33       management fund are necessary, the person or persons responsible for
34       the operation or long-term care of a disposal area whose failure to comply
35       with this act, rules and regulations promulgated thereunder, or permit
36       conditions resulted in such determination, shall be responsible for the
37       repayment of those amounts expended. The secretary shall take appro-
38       priate action to enforce this provision against any responsible person. The
39       secretary shall remit to the state treasurer any amounts recovered and
40       collected in such action. The state treasurer shall deposit all such amounts
41       in the state treasury and credit the same to the solid waste management
42       fund.
43             (e) Expenditures from the solid waste management fund shall be

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  1       made in accordance with appropriations acts upon warrants of the direc-
  2       tor of accounts and reports issued pursuant to vouchers approved by the
  3       secretary or a person designated by the secretary.
  4             (f) On or before the 10th of each month, the director of accounts and
  5       reports shall transfer from the state general fund to the solid waste man-
  6       agement fund interest earnings based on:
  7             (1) The average daily balance of moneys in the solid waste manage-
  8       ment fund for the preceding month; and
  9             (2) the net earnings rate of the pooled money investment portfolio
10       for the preceding month.
11             (g) The solid waste management fund shall be used for the purposes
12       set forth in this act and for no other governmental purposes. It is the
13       intent of the legislature that the fund shall remain intact and inviolate for
14       the purposes set forth in this act, and moneys in the fund shall not be
15       subject to the provisions of K.S.A. 75-3722, 75-3725a and 75-3726a, and
16       amendments thereto.
17             Sec.  2. K.S.A. 1998 Supp. 65-3415b is hereby amended to read as
18       follows: 65-3415b. (a) Except for construction and demolition landfills
19       and industrial solid waste landfills, there is hereby imposed a state solid
20       waste tonnage fee of $1.00 $1.50 for each ton or equivalent volume of
21       solid waste disposed of at any solid waste disposal area in this state.
22             (b) There is hereby imposed a state solid waste tonnage fee of $1.00
23       for each ton or equivalent volume of construction and demolition waste
24       disposed of at any construction and demolition landfill and solid waste
25       disposed at any industrial solid waste landfill, other than waste enumer-
26       ated in subsection (c).
27             (c) The fees imposed by this section shall not apply to:
28             (1) Any waste tire, as defined by subsection (j) of K.S.A. 65-3424, and
29       amendments thereto, disposed in or at a permitted solid waste disposal
30       area;
31             (2) any of the following wastes when disposed of at a monofill per-
32       mitted by the department:
33             (A) Sludges from public drinking water supply treatment plants;
34             (B) cement kiln dust from the manufacture of portland and masonry
35       cement;
36             (C) flue gas desulfurization sludge, fly ash and bottom ash from coal-
37       fired electric generating facilities; and
38             (D) foundry sand;
39             (3) clean rubble;
40             (4) solid waste solely consisting of vegetation from land clearing and
41       grubbing, utility maintenance and seasonal or storm-related cleanup but
42       such exception shall not apply to yard waste; and
43             (5) construction and demolition waste disposed of by the state of Kan-

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  1       sas, or by any city or county in the state of Kansas, or by any person on
  2       behalf thereof.
  3             (d) The operator of a solid waste disposal area shall pay the fee im-
  4       posed by this section.
  5             (e) The secretary of health and environment shall administer, enforce
  6       and collect the fee imposed by this section. Except as otherwise provided
  7       by subsections (a) and (b), all laws and rules and regulations of the sec-
  8       retary of revenue relating to the administration, enforcement and collec-
  9       tion of the retailers' sales tax shall apply to such fee insofar as they can
10       be made applicable, and the secretary of health and environment shall
11       adopt such additional rules and regulations as necessary for the efficient
12       and effective administration, enforcement and collection thereof.
13             (f) The secretary of health and environment shall remit daily to the
14       state treasurer all moneys collected from fees imposed pursuant to sub-
15       sections (a) and (b). Upon receipt thereof, the state treasurer shall deposit
16       the entire amount in the state treasury and credit it to the solid waste
17       management fund created by K.S.A. 65-3415a, and amendments thereto.
18       Of each such amount, 331/3% shall be credited to the market development
19       account created by section 3, and amendments thereto.
20             New Sec.  3. There is hereby created the market development ac-
21       count in the solid waste management fund. All moneys credited to the
22       market development account shall be used to promote development of
23       in-state markets for recycled materials other than waste tires, as defined
24       by K.S.A. 65-3424, and amendments thereto. For that purpose, the sec-
25       retary of health and environment shall establish a program to award com-
26       petitive start-up grants to private entities proposing to engage in busi-
27       nesses in this state utilizing recycled materials. In awarding such grants,
28       the secretary may give preference to businesses that do not directly com-
29       pete with existing businesses that utilize recycled materials.
30             (b) The secretary shall submit to the legislature, on or before the first
31       day of the regular legislative session each year, a report of all grants made
32       pursuant to this section. The report shall include the aggregate amount
33       of all grants awarded and, with respect to each grant awarded, the amount
34       of the grant, the recipient and a description of the use of the grant
35       moneys.
36             (c) The grant program established pursuant to this section shall expire
37       July 1, 2005, unless extended by the legislature. 
38       Sec.  4. K.S.A. 1998 Supp. 65-3415a and 65-3415b are hereby
39       repealed.
40        Sec.  5. This act shall take effect and be in force from and after its
41       publication in the statute book.