CHAPTER 47 SENATE BILL No. 254 An Act concerning environmental remediation; relating to fees of pesticide dealers; amending
K.S.A. 2000 Supp. 2-3708 and 2-3713 and repealing the existing sections. Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 2000 Supp. 2-3713 is hereby amended to read as
follows: 2-3713. (a) Subject to the provisions of K.S.A. 2000 Supp. 2-3712,
and amendments thereto, there is hereby imposed environmental assess-
ments as follows:

      (1) An annual assessment of $100 to be paid by each custom blender
required to be licensed pursuant to K.S.A. 2-1201a, and amendments
thereto. Such assessment shall be paid to the secretary of agriculture by
the custom blender at the time and in the manner provided by law for
payment of the custom blender's license fee.

      (2) An annual assessment of $20 for each commercial fertilizer re-
quired to be registered pursuant to K.S.A. 2-1202, and amendments
thereto. Such assessment shall be paid to the secretary of agriculture by
the applicant for registration at the time and in the manner provided by
law for payment of the registration fee for the commercial fertilizer.

      (3) An annual assessment of $60 for each agricultural chemical re-
quired to be registered pursuant to K.S.A. 2-2204, and amendments
thereto, other than an agricultural chemical classified as an antimicrobial
pesticide, as defined by 7 U.S.C. § 136(mm). Such assessment shall be
paid to the secretary of agriculture by the applicant for registration at the
time and in the manner provided by law for payment of the registration
fee for the agricultural chemical.

      (4) An annual assessment of $80 to be paid by each pesticide dealer
required to be registered pursuant to K.S.A. 2-2469, and amendments
thereto. If the annual sales of pesticides from the previous year by a
pesticide dealer from a business location are less than $2,500, the annual
assessment shall be $5. If the annual sales of pesticides from the previous
year by a pesticide dealer from a business location are equal to or greater
than $2,500, the annual assessment shall be $80. Such assessment shall
be paid to the secretary of agriculture by the pesticide dealer at the time
and in the manner provided by law for payment of the dealer's registration
fee.

      (5) An annual assessment of $.0005 per bushel of storage capacity of
each public warehouse required to be licensed pursuant to K.S.A. 34-228,
and amendments thereto, or pursuant to the federal warehouse act. Such
assessment shall be paid to the secretary of agriculture by the applicant
for licensure at the time and in the manner provided by law for payment
of the warehouse license fee.

      (6) An annual assessment of $.0005 per bushel of storage capacity of
each public warehouse in this state that is licensed pursuant to the United
States warehouse act. Such assessment shall be paid to the secretary of
agriculture by the licensee on or before August 31 of each year. The
secretary of agriculture may adopt rules and regulations establishing pro-
cedures for payment and collection of such assessment.

      (b) The secretary of agriculture shall remit to the state treasurer all
moneys collected by the secretary from assessments paid pursuant to this
section. The state treasurer shall deposit the entire amount of the remit-
tance in the state treasury and credit it to the fund.

      (c) The secretary of agriculture shall adopt rules and regulations es-
tablishing procedures for payment and collection of all environmental
assessments.

      (d) The secretary of agriculture shall have the authority to reimburse
or refund a person if an error occurred in the payment of an assessment.

      Sec.  2. K.S.A. 2000 Supp. 2-3708 is hereby amended to read as fol-
lows: 2-3708. (a) There is hereby established the remediation reimburse-
ment program. The program shall be for the purpose of providing re-
imbursement to eligible persons for the costs of corrective action
approved by the department of health and environment or taken in ac-
cordance with requests or orders issued by the department of health and
environment.

      (b) The amount of reimbursement that an eligible person may receive
from the fund shall be limited as follows:

      (1) Except as provided in paragraph (2), for an eligible person who
is required to pay has paid any assessment imposed pursuant to K.S.A.
2000 Supp. 2-3713, and amendments thereto, reimbursement per site
shall not exceed an amount equal to: (A) 90% of total eligible corrective
action costs greater than $1,000 and less than or equal to $100,000; plus
(B) 80% of total eligible corrective action costs greater than $100,000 and
less than or equal to $200,000. The total amount reimbursed for any one
site shall not exceed $200,000 within a 5 year period or as otherwise set
forth by the board pursuant to rules and regulations.

      (2) For an eligible person who is not required to pay or has not paid
any assessment imposed pursuant to K.S.A. 2000 Supp. 2-3713, and
amendments thereto, or for a pesticide dealer who has paid the annual
$5 assessment pursuant to subsection (a)(4) of K.S.A. 2000 Supp. 2-3713,
and amendments thereto, reimbursement per release site shall not exceed
an amount equal to 100% of total eligible corrective action costs greater
than $1,000 and less than or equal to $10,000.

 Sec.  3. K.S.A. 2000 Supp. 2-3708 and 2-3713 are hereby repealed.
 Sec.  4. This act shall take effect and be in force from and after its
publication in the statute book.

Approved March 27, 2001.
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