Session of 1999
         
HOUSE BILL No. 2484
         
By Committee on Federal and State Affairs
          
2-11
          
  9             AN  ACT concerning solid waste; relating to solid waste grants and ton-
10             nage fees; amending K.S.A. 1998 Supp. 65-3415 and 65-3415b and
11             repealing the existing sections.
12      
13       Be it enacted by the Legislature of the State of Kansas:
14             Section  1. K.S.A. 1998 Supp. 65-3415 is hereby amended to read as
15       follows: 65-3415. (a) The secretary is authorized to assist counties, des-
16       ignated cities or regional solid waste management entities by administer-
17       ing grants to pay up to 60% of the costs of preparing and revising official
18       plans for solid waste management systems in accordance with the require-
19       ments of this act and the rules and regulations and standards adopted
20       pursuant to this act, and for carrying out related studies, surveys, inves-
21       tigations, inquiries, research and analyses.
22             (b) The secretary is authorized to assist counties, designated cities,
23       municipalities, regional solid waste management entities that are part of
24       an interlocal agreement entered into pursuant to K.S.A. 12-2901 et seq.
25       and amendments thereto or other applicable statutes or private entities,
26       by administering competitive grants that pay up to 75% of eligible costs
27       incurred by such a county, city, regional entity or private entity pursuant
28       to an approved solid waste management plan, for any project related to
29       the development and operation of recycling, source reduction, waste min-
30       imization and solid waste management public education programs. Such
31       projects shall include the implementation of innovative waste processing
32       technologies which demonstrate nontraditional methods to reduce waste
33       volume by recovering materials or energy or by converting the waste into
34       useable byproducts through chemical or physical processes. To be eligible
35       for competitive grants awarded pursuant to this section, a county, desig-
36       nated city, regional entity or private entity must be implementing a pro-
37       ject which is part of a solid waste management plan approved by the
38       secretary or implementing a project with statewide significance as deter-
39       mined by the secretary with the advice and counsel of the solid waste
40       grants advisory committee.
41             (c) The secretary is authorized to assist counties, cities or regional
42       solid waste management entities that are part of an interlocal agreement
43       entered into pursuant to K.S.A. 12-2901 et seq. and amendments thereto

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  1       or other applicable statutes, by administering grants that pay up to 60%
  2       of costs incurred by such a county, city or regional entity for the devel-
  3       opment and first year of operation of temporary and permanent house-
  4       hold hazardous waste programs operated in accordance with K.S.A. 65-
  5       3460 and amendments thereto.
  6             (d) The secretary is authorized to assist counties, cities or regional
  7       solid waste management entities that are part of an interlocal agreement
  8       entered into pursuant to K.S.A. 12-2901 et seq. and amendments thereto
  9       or other applicable statutes, by administering grants that pay up to 75%
10       of costs incurred by such a county, city or regional entity to develop and
11       implement temporary agricultural pesticide collection programs.
12             (e) The secretary is authorized to assist counties, cities or regional
13       solid waste management entities that are part of an interlocal agreement
14       entered into pursuant to K.S.A. 12-2901 et seq. and amendments thereto
15       or other applicable statutes, by administering grants that pay up to 75%
16       of costs incurred by such a county, city, or regional entity to develop and
17       implement exempt small quantity hazardous waste generator waste col-
18       lection programs, subject to the following:
19             (1) The aggregate amount of all such grants made for a fiscal year
20       shall not exceed $150,000; and
21             (2) no grantee shall receive any such grants in an aggregate amount
22       exceeding $50,000.
23             (f)  (1) Failure to pay solid waste tonnage fees on wastes disposed in
24       Kansas pursuant to K.S.A. 65-3415b and amendments thereto, shall bar
25       receipt of any grant funds until fees and related penalties have been paid.
26             (2) The secretary may establish additional minimum requirements for
27       grant eligibility.
28             (g) The secretary shall prepare and deliver to the legislature on or
29       before January 2, 1998, a report which summarizes all solid waste man-
30       agement grant program activities, solid waste management fund revenues
31       and recommendations regarding continuation of solid waste management
32       programs.
33             (h) All grants shall be made in accordance with appropriations acts
34       from the state general fund or from moneys in the solid waste manage-
35       ment fund created by K.S.A. 65-3415a and amendments thereto.
36             (i) Local match requirements for all solid waste grant programs may
37       be met by in-kind contributions from counties, designated cities, regional
38       solid waste management entities or private entities.
39             Sec.  2. K.S.A. 1998 Supp. 65-3415b is hereby amended to read as
40       follows: 65-3415b. (a) Except for construction and demolition landfills
41       and industrial solid waste landfills, There is hereby imposed a state solid
42       waste tonnage fee of $1.00 $1.50 for each ton or equivalent volume of
43       solid waste disposed of at any solid waste disposal area in this state other

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  1       than waste enumerated in subsection (c) or waste disposal authorized by
  2       the secretary pursuant to subsection (a) of K.S.A. 65-3407c, and amend-
  3       ments thereto.
  4             (b) There is hereby imposed a state solid waste tonnage fee of $1.00
  5       $1.50 for each ton or equivalent volume of construction and demolition
  6       waste disposed of at any construction and demolition landfill and solid
  7       waste disposed at any industrial solid waste landfill solid waste transferred
  8       out of Kansas through a transfer station, other than waste enumerated in
  9       subsection (c).
10             (c) The fees imposed by this section shall not apply to:
11             (1) Any waste tire, as defined by subsection (j) of K.S.A. 65-3424, and
12       amendments thereto, disposed in or at a permitted solid waste disposal
13       area;
14             (2) (1) any of the following wastes when disposed of at a monofill
15       permitted by the department:
16             (A) Sludges from public drinking water supply treatment plants;
17             (B) cement kiln dust from the manufacture of portland and masonry
18       cement;
19             (C) flue gas desulfurization sludge, fly ash and bottom ash from coal-
20       fired electric generating facilities; and
21             (D) foundry sand;
22             (3) (2) clean rubble;
23             (4) (3) solid waste solely consisting of vegetation from land clearing
24       and grubbing, utility maintenance and seasonal or storm-related cleanup
25       but such exception shall not apply to yard waste; and
26             (5) (4) construction and demolition waste disposed of by the state of
27       Kansas, or by any city or, county or other unit of local government located
28       in the state of Kansas, or by any person on behalf thereof.
29             (d) The operator of a solid waste disposal area or transfer station shall
30       pay the fee imposed by this section.
31             (e) The secretary of health and environment shall administer, enforce
32       and collect the fee imposed by this section. Except as otherwise provided
33       by subsections (a) and (b), all laws and rules and regulations of the sec-
34       retary of revenue relating to the administration, enforcement and collec-
35       tion of the retailers' sales tax shall apply to such fee insofar as they can
36       be made applicable, and. The secretary of health and environment shall
37       adopt such additional any other rules and regulations as necessary for the
38       efficient and effective administration, enforcement and collection thereof.
39             (f) The secretary of health and environment shall remit daily at least
40       weekly to the state treasurer all moneys collected from fees imposed
41       pursuant to subsections (a) and (b). Upon receipt thereof, the state trea-
42       surer shall deposit the entire amount in the state treasury and credit it to
43       the solid waste management fund created by K.S.A. 65-3415a and amend-

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  1       ments thereto. 
  2       Sec.  3. K.S.A. 1998 Supp. 65-3415 and 65-3415b are hereby
  3       repealed.
  4        Sec.  4. This act shall take effect and be in force from and after its
  5       publication in the statute book.