Brief ⁽¹⁾

Sub. for HB 2144 would amend a section of law dealing with the multipurpose small lakes program to require that the Kansas Water Office adopt rules and regulations governing the recovery of the state's costs incurred in providing public water supply storage in multipurpose small lake projects.

In addition, the bill would amend the definition of the term "multipurpose small lake project" which determines the eligibility for projects to participate in these projects. Under the new definition, the term would include a dam and lake containing flood control storage; and either public water supply storage or recreation features, or both, or the renovation or reconstruction of an existing dam or lake to provide at least two of the following: increased or restoration of flood control storage; increased or restoration of public water supply storage; or increased or restoration of recreation features.

The bill also would allow the state to provide up to 50 percent of the engineering and renovations costs associated with the renovation of Class I and II multipurpose small lakes if the Kansas Water Office determines that it is the most cost effective alternative for a public water supply source. In these cases the sponsor would have to have a general plan which was submitted to and approved by the Chief Engineer.

The bill would make it unlawful to deliver to any service station in Kansas motor-vehicle fuel containing methyl tertiary-butyl ether (MTBE) greater than 0.5 percent by volume on July 1, 2002. On and after July 1, 2003, no motor-vehicle fuels could be delivered at the pump to any motor vehicle in Kansas containing MTBE greater than 0.5 percent by volume.

The bill would require that on and after July 1, 2002, the motor-vehicle fuel retailer provide, at the time of delivery of fuel, a declaration of the MTBE content, by volume percent, in the motor-vehicle fuel delivered.

The bill also would require that on and after July 1, 2001 that a notice stating "This fuel contains MTBE" be displayed on each dispenser from which motor-vehicle fuel containing MTBE in excess of the detection limit of the approved test method is sold to the public. The bill would establish the size and placement of the notice.

The Secretary of the Kansas Department of Health and Environment (KDHE) or the Director of the Division of Environment, upon a finding that a person has knowingly and willingly violated the bill, could impose a penalty not to exceed $10,000. Each day would be deemed a separate violation. No penalty would be imposed except after notice and opportunity for hearing. Nothing in the bill would be construed to abridge, limit, or otherwise impair the right of any person to damages or other relief on account of injury to person or property and to maintain any action or other appropriate proceeding.

This portion of the bill's implementation would be made contingent upon the acquisition of a waiver from the US Environmental Protection Agency (EPA) granting the prohibition of MTBE by KDHE.

Background

Hearings were held on the original bill during the 1999 Legislative Session. Conferees representing the Kansas Water Office and the State Conservation Commission appeared.

The Senate Committee on Energy and Natural Resources amended the bill to redefine the term "multipurpose small lake project" to include certain recreation features. In addition, the Senate Committee amended the bill to allow the state to participate with up to 50 percent of the engineering and renovation costs of Class I and II multipurpose small lakes if it is determined that this is the most cost effective alternative for a public water supply source.

The Senate Committee of the Whole amended the bill to add the provisions of Sub. for SB 469 to the bill. These provisions relate to restricting the use of MTBE.

The fiscal note on the original bill indicates that the bill has the potential for fiscal impact; however, the magnitude of the impact could not be estimated because the bill expands the multipurpose small lakes program by allowing additional projects to request funding. The fiscal note also states that the Kansas Water Office and the Kansas Department of Agriculture indicate that the bill would have no fiscal impact on agency operations.

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