Brief⁽¹⁾

H.B. 2289 would establish the Commission on Surface Water Quality Standards. The Commission would consist of seven members appointed by the Governor. Members of the Commission would be required to have experience in various areas such as environmental sciences; civil engineering; business and industry; public finance; municipal wastewater treatment; agriculture or agribusiness; environmental law; public health sciences; aquatic biology; geology; risk assessment; or cost benefit analysis. The Chairperson would be appointed by the Governor from among the members of the Commission and no member of the Commission could be a current officer or employee of the Department of Health and Environment (KDHE) or a person or officer, employee or agent of an entity that is licensed, inspected or regulated by KDHE.

The Commission would be attached to KDHE and all budgeting, purchasing and related management function of the Commission would be administered under the direction of the Secretary of KDHE. The Secretary would provide office and meeting space and clerical and staff assistance as may be necessary.

The bill would provide that upon request of the Commission, that the staff of KDHE, the Department of Agriculture, the Kansas Biological Survey, the Department of Wildlife and Parks, the Kansas Geological Survey, the Kansas Water Office, and the education institutions under the State Board of Regents would be required to cooperate with and assist the Commission.

The bill also would allow the Secretary of KDHE to appoint science advisory panels which would be composed of scientists from outside the Department, to provide expert advise on scientific and technical issues and to assess the results of specific research efforts as requested by the Secretary. The science advisory panels would assist in identifying emerging environmental issues.

The bill would authorize the members of the Commission and science advisory panels to receive compensation, subsistence, mileage and expenses. All expenses of implementing the provisions of the bill would be paid from the general operating budget of KDHE, and no moneys would be appropriated for these purposes.

The Commission would:

• consult with and advise the Governor, the Legislature, the science advisory panel, and the Secretary on matters relating to surface water quality standards;



• make a report and recommendations to each regular session of the Legislature and to the Governor at time as the Commission considers advisable concerning matters relating to surface water quality standards, including any necessary or advisable legislation;



• review and make recommendations to the Secretary before any proposed policy changes regarding surface water quality standards become effective; and



• investigate, evaluate and make recommendation to the Secretary before the adoption of amendment of any rules and regulations relating to surface water quality standards.

The bill also would repeal three statutes which established the Kansas Special Commission on Surface Water Quality Standards and established standards for certain pollutants in surface water.

Background

This bill was introduced upon the recommendation of the Kansas Special Commission on Surface Water Quality Standards and was a part of the final report of the Commission given to the Governor and to the Legislature during the summer of 1998.

At the hearing on the bill, representatives of the following entities appeared in support of the bill: the Kansas Geological Survey; the Kansas Fertilizer and Chemical Association and the Kansas Grain and Feed Association; the Kansas Grain Sorghum Producers Association and the Kansas Corn Growers Association; the League of Kansas Municipalities; the Johnson County Board of County Commissioners; the Kansas Farm Bureau; and the Kansas Water Office. A spokesperson from KDHE appeared as a neutral conferee. A spokesperson for the Kansas Natural Resource Council and the Kansas Chapter of the Sierra Club appeared in opposition to the bill.

The fiscal note on the original bill states that it has a fiscal impact, but does not assign the responsibility for administering the bill to any state agency. The note states that it is estimated that the cost of each meeting of the Commission would be $1,270; however, the actual total cost would depend on the membership of the Commission and the number of meeting held. Further, the note indicates that the original bill does not provide for any staff support for the Commission so its is estimated that any staff assistance required would be supplied by the agencies that work with the Commission within their approved budgets.

1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/bill_search.html.