[As Amended by Senate Committee of the
Whole]
As Amended by Senate Committee
Session of 2000
Substitute for HOUSE BILL No. 2144
By Committee on Environment
2-21
11 AN ACT
[relating to water; prohibiting sales of motor-vehicle
fuel
12 containing
certain chemicals threatening water quality and pro-
13 viding penalties
for violations;]concerning the multipurpose small
14 lakes program;
amending K.S.A. 82a-1602 and
82a-1603, 82a-1603,
15 82a-1604,
82a-1605 and 82a-1606 and repealing the existing
16 sections.
17
18 Be it enacted by the Legislature of the
State of Kansas:
19 Section
1. K.S.A. 82a-1602 is hereby amended to read as follows:
20 82a-1602. (a) In order to provide
public water supply storage and water
21 related recreational facilities in the
state there is hereby established a
22 multipurpose small lakes program. The
program shall be administered by
23 the state conservation commission.
24 (b) Except as provided by
subsection (c), the state conservation com-
25 mission shall adopt all rules and
regulations necessary to implement the
26 provisions of this act.
27 (c) The Kansas water office
shall adopt all rules and regulations gov-
28 erning recovery of the state's costs
incurred in providing public water
29 supply storage in multipurpose small
lake projects.
30 Sec. 2. K.S.A. 82a-1603 is
hereby amended to read as follows: 82a-
31 1603. When used in this act:
32 (a) ``Chief engineer'' means
the chief engineer of the division of water
33 resources of the state
board department of agriculture.
34 (b) ``Class I funded project''
means a proposed new project or reno-
35 vation of an existing project located
within the boundaries of an organized
36 watershed district which is receiving or is
eligible to receive financial
37 participation from the state conservation
commission for the flood control
38 storage portion of the project.
39 (c) ``Class II funded project''
means a proposed new project or reno-
40 vation of an existing project which is
receiving or is eligible to receive
41 financial participation from the federal
government.
42 (d) ``Class III funded
project'' means a proposed new project or ren-
2
1 ovation of an existing project
located outside the boundaries of an organ-
2 ized watershed district which is not
receiving or is not eligible to receive
3 financial participation from the
state conservation commission or the fed-
4 eral government except as provided in
K.S.A. 82a-1606, and amendments
5 thereto.
6 (e) ``Flood control
storage'' means storage space in reservoirs to hold
7 flood waters.
8 (f) ``General plan''
means a preliminary engineering report describing
9 the characteristics of the project
area, the nature and methods of dealing
10 with the soil and water problems within the
project area, and the projects
11 proposed to be undertaken by the sponsor
within the project area. Such
12 plan shall include maps, descriptions and
other data as may be necessary
13 for the location, identification and
establishment of the character of the
14 work to be undertaken; a cost-benefit
analysis of alternatives to the pro-
15 ject, including but not limited to,
nonstructural flood control options and
16 water conservation and reuse to reduce need
for new water supply stor-
17 age; and any other data and information as
the chief engineer may require.
18 (g) ``Land right'' means real
property as that term is defined by the
19 laws of the state of Kansas and all rights
thereto and interest therein and
20 shall include any road, highway, bridge,
street, easement or other right-
21 of-way thereon.
22 (h) ``Multipurpose small lake
project'' means:
23 (1) A dam and lake containing
(1): (A) Flood control storage; and
(2)
24 (B) either public water supply
storage or recreation features, or both; or
25 (2) renovation or
reconstruction of an existing dam or lake to provide
26 at least two of the
following: (A) Increased or restoration of flood control
27 storage; or
(B) increased or restoration of public water supply
storage; or
28 (C) increased or restoration of
recreation features.
29 (i) ``Public water supply''
means a water supply for municipal, indus-
30 trial or domestic use.
31 (j) ``Public water supply
storage'' means storage of water for municipal,
32 industrial or domestic use.
33 (k) ``Recreation feature''
means water storage and related facilities for
34 activities such as swimming, fishing,
boating, camping or other related
35 activities.
36 (1) ``Sponsor'' means (1) any
political subdivision of the state which
37 has the power of taxation and the right of
eminent domain; (2) any public
38 wholesale water supply district; or (3) any
rural water district.
39 (m) ``Water user'' means any
city, rural water district, wholesale water
40 district or any other political subdivision
of the state which is in the busi-
41 ness of furnishing municipal or industrial
water to the public.
42 Sec. 3. K.S.A.
82a-1604 is hereby amended to read as follows:
43 82a-1604. (a) The state may
participate with a sponsor in the de-
3
1 velopment, construction or
renovation of a class I multipurpose
2 small lake project if the
sponsor has a general plan which has been
3 submitted to and approved by
the chief engineer in the manner
4 provided by K.S.A. 24-1213 and
24-1214, and amendments thereto.
5 If the Kansas water office
determines that additional public water
6 supply storage shall be needed
in that area of the state within 20
7 years from the time such
project is to be completed and a water user
8 is not available to finance
public water supply storage, the state
9 may include public water supply
storage in the project. The Kansas
10 water office shall apply for a water
appropriation right sufficient
11 to insure a dependable yield from the
public water supply storage.
12 The Kansas water office shall be
exempt from all applicable fees
13 imposed pursuant to K.S.A.
82a-701 et seq., and amendments
14 thereto, for such
applications.
15 (b) The
sponsor of such class I project shall be responsible
for
16 acquiring land rights and for the
costs of operation and mainte-
17 nance of such project. The sponsor
participating in the construction
18 of recreation features of a project
shall pay for that portion of the
19 project attributable to recreation.
The state may provide up to 50%
20 of the engineering and construction
costs and up to 50% of the costs
21 of land rights associated with
recreation features. Subject to the
22 provisions of
subsection (a) subsections (a) and
(c), the state may pay
23 up to 100% of the engineering and
construction costs of flood con-
24 trol and public water supply storage.
All other costs of such project,
25 including land, construction,
operation and maintenance shall be
26 paid by the sponsor.
27
(c) The state shall not participate in the costs of
public water supply
28 storage in a renovation project unless
the Kansas water office determines
29 that renovation is the most cost
effective alternative for such storage. The
30 state shall be authorized to pay only up
to 50% of the engineering and
31 construction costs of public water
supply storage in such a renovation
32 project.
33
(d) The Kansas water office may recover the state's
costs in-
34 curred in providing public water
supply storage in such a new
class
35 I project by selling such storage and
the associated water rights.
36 Sec.
4. K.S.A. 82a-1605 is hereby amended to read as
follows:
37 82a-1605. (a) The state may
participate with a sponsor in the de-
38 velopment, construction or renovation
of a class II multipurpose
39 small lake project if the sponsor has
a general plan which has been
40 submitted to and approved by the
chief engineer in the manner
41 provided by K.S.A. 24-1213 and
24-1214, and amendments thereto.
42 If the Kansas water office determines
that additional public water
43 supply storage shall be needed in
that area of the state within 20
4
1 years from the time such
project is to be completed and a water user
2 is not available to finance
public water supply storage, the state
3 may include public water supply
storage in the project. The Kansas
4 water office shall apply for a
water appropriation right sufficient
5 to insure a dependable yield
from public water supply storage. The
6 Kansas water office shall be
exempt from all applicable fees imposed
7 pursuant to K.S.A.
82a-701 et seq., and amendments thereto, for
such
8 applications.
9
(b) In a class II project, the state may assume initial
financial
10 obligations for public water supply
storage in watersheds by enter-
11 ing into long-term contracts with the
federal government. In order
12 to provide security to the federal
government, the state may grant
13 assignments of water rights, either
appropriation rights or water
14 reservation rights; assignments of
rights under existing or prospec-
15 tive water purchase contracts;
assignments, mortgages or other
16 transfers of interests in real
property held by the state and devoted
17 to the specific small lake project
for which security is sought; or
18 may provide other security that is
permissible under state law and
19 acceptable by the federal government.
Instead of contracting to re-
20 pay costs under long-term contracts,
the state may pay all of the
21 required costs of the public water
supply storage in a lump sum.
22 (c) The
sponsor of such class II project shall be responsible
for
23 acquiring land rights and for the
costs of operation and mainte-
24 nance of such project. The sponsor
participating in the construction
25 of recreation features of a project
shall pay for that portion of the
26 project attributable to recreation.
The state or federal government
27 may provide up to 50% of the
engineering and construction costs
28 and up to 50% of the costs of land
rights associated with recreation
29 features. The state shall
not participate in the costs of public water supply
30 storage in a renovation project unless
the Kansas water office determines
31 that renovation is the most cost
effective alternative for such storage. The
32 state shall be authorized to pay only up
to 50% of the engineering and
33 construction costs of public water
supply storage in such a renovation
34 project.
35 (d) The
Kansas water office may recover the state's costs in-
36 curred in providing public water
supply storage in such a new
class
37 II project by selling such storage
and the associated water rights.
38 Sec.
5. K.S.A. 82a-1606 is hereby amended to read as
follows:
39 82a-1606. (a) The state may
participate with a sponsor in the de-
40 velopment, construction or renovation
of a class III multipurpose
41 small lake project if the sponsor has
a general plan which has been
42 submitted to and approved by the
chief engineer in the manner
43 provided by K.S.A. 24-1213 and
24-1214, and amendments thereto.
5
1 If public water supply storage
is included in the project, the sponsor
2 of such class III project shall
pay for 100% of the costs associated
3 with the public water supply
storage portion of such project unless
4 the Kansas water office
determines that additional public water
5 supply storage shall be needed
in that area of the state within 20
6 years from the time such
project is to be completed and a sponsor
7 is not available to finance
100% of the costs associated with the
8 public water supply storage,
the state may participate in the public
9 water supply storage costs of
the project. If the state participates in
10 the public water supply storage
costs, the Kansas water office shall
11 apply for a water appropriation right
sufficient to insure a depend-
12 able yield from public water supply
storage. The Kansas water of-
13 fice shall be exempt from all
applicable fees imposed pursuant to
14 K.S.A. 82a-701 et
seq., and amendments thereto, for such
15 applications.
16 (b) The
sponsor of such class III project shall be responsible
for
17 acquiring land rights and for the
costs of operation and mainte-
18 nance of the project. The sponsor
participating in the construction
19 of recreation features of a project
shall pay for that portion of the
20 project attributable to recreation.
The state may provide up to 50%
21 of the engineering and construction
costs and up to 50% of the costs
22 of land rights associated with
recreation features. Subject to the pro-
23 visions of subsections (a) and (c),
the state may pay up to 100% of the
24 engineering and construction costs of
flood control storage and pub-
25 lic water supply storage. All other
costs of such project, including
26 land, construction, operation and
maintenance, shall be paid by the
27 sponsor.
28
(c) The state shall not participate in the costs of
public water supply
29 storage in a renovation project unless
the Kansas water office determines
30 that renovation is the most cost
effective alternative for such storage. The
31 state shall be authorized to pay only up
to 50% of the engineering and
32 construction costs of public water
supply storage in such a renovation
33 project.
34
(d) The Kansas water office may recover the state's
costs in-
35 curred in providing public water
supply storage in such a new
class
36 III project, and interest on such
costs, by selling such storage and
37 the associated water rights. Interest
on such costs shall be computed
38 at a rate per annum which is equal to
the greater of: (1) The average
39 rate of interest earned the past
calendar year on repurchase agree-
40 ments of less than 30 days' duration
entered into by the pooled
41 money investment board, less 5%; or
(2) four percent.
42 [New Sec. 6. (a) No
person shall sell or offer for sale in Kansas
43 any motor-vehicle fuel, as defined in
K.S.A. 79-3401, and amend-
6
1 ments thereto, containing
methyl tertiary-butyl ether (MTBE), ex-
2 cept as provided in this
act.
3
[(b) On and after July 1, 2002, no motor-vehicle fuel
delivered
4 to any service station within
Kansas shall contain MTBE in quan-
5 tities greater than 0.5% by
volume. On and after July 1, 2003, no
6 motor-vehicle fuels delivered
at the pump to any motor vehicle in
7 Kansas shall contain MTBE in
quantities greater than 0.5% by
8 volume.
9
[(c) On and after July 1, 2002, the motor-vehicle fuel
retailer
10 shall be provided, at the time of
delivery of motor-vehicle fuel, on
11 an invoice, bill of lading, shipping
paper or other documentation,
12 a declaration of the MTBE content, by
volume percent, in the motor-
13 vehicle fuel delivered.
14 [(d) On and
after July 1, 2001, a notice stating ``THIS FUEL
15 CONTAINS MTBE'' shall be displayed on
each dispenser from
16 which motor-vehicle fuel containing
MTBE in excess of the detec-
17 tion limit of the approved test
method is sold to the public. The
18 letters on the notice shall be at
least 1/2 inch in height and 1/16 inch
19 stroke (width of type). The notice
shall be conspicuously displayed
20 on the upper 50% of the dispenser
front panel in a position clear
21 and conspicuous from the driver's
position.
22
[(e) Determination of the volume percentage of MTBE in
motor-
23 vehicle fuel shall be by one or more
test methods approved by the
24 secretary of agriculture.
25 [(f) In no
event shall the provisions of this act be interpreted
to
26 authorize quantities of MTBE in
motor-vehicle fuels to exceed those
27 specified in any applicable Kansas or
federal statute.
28 [(g) The
secretary of health and environment or the director of
29 the division of environment, upon a
finding that a person knowingly
30 and willfully has violated this
section, may impose a penalty not to
31 exceed $10,000 which shall constitute
an actual and substantial ec-
32 onomic deterrent to the violation for
which it is assessed. In the case
33 of a continuing violation, every day
such violation continues shall
34 be deemed a separate violation. No
such penalty shall be imposed
35 except after notice of violation and
opportunity for hearing upon
36 the written order of the secretary or
the director of the division of
37 environment issued to the person who
committed the violation. The
38 order shall state the violation, the
penalty to be imposed and the
39 right to request a hearing thereon.
The request for hearing shall be
40 in writing, directed to the secretary
and filed with the secretary
41 within 15 days after service of the
order. The hearings shall be
42 conducted in accordance with the
Kansas administrative procedure
43 act.
7
1
[(h) Nothing in this section shall be construed to abridge,
limit
2 or otherwise impair the right
of any person to damages or other
3 relief on account of injury to
persons or property and to maintain
4 any action or other appropriate
proceeding therefor.
5
[(i) The provisions of this section shall not take effect
until the
6 United States environmental
protection agency grants a waiver al-
7 lowing the state of Kansas to
control or prohibit the use of MTBE
8 in motor-vehicle
fuels.]
9 Sec.
3. 6.
[7.] K.S.A. 82a-1602 and
82a-1603, 82a-1603, 82a-1604,
10 82a-1605 and 82a-1606 are
hereby repealed.
11 Sec. 4.
7.
[8.] This act shall take effect and be in force
from and
12 after its publication in the statute
book.
13