Brief (1)
SB 37, as amended, would make it unlawful to deliver or sell to any distributor in Kansas motor-vehicle fuel containing methyl tertiary-butyl ether (MTBE) greater than 0.5 percent by volume on July 1, 2004.
In addition, the bill would require that on and after July 1, 2003, the distributor would be provided, at the time of delivery of fuel, a declaration of the MTBE content, by volume percent, in the motor-vehicle fuel delivered.
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.
Background
At the hearing on the bill, a spokesperson from KDHE appeared for informational purposes. This testimony indicated that the state would need a waiver from EPA in order to prohibit the sale of MTBE in motor-vehicle fuel. Proponents of the bill were the Secretary of the Kansas Department of Agriculture and representatives of the Kansas Farm Bureau and the Kansas Corn Growers Association.
Representatives of the Petroleum and Convenience Store Association of Kansas and the Kansas Petroleum Council made comments at the hearing on the bill.
The Senate Committee on Natural Resources deleted a provision which would have required a notice be posted on motor fuel dispensing devices indicating that the fuel contained MTBE in excess of the limitations established by the bill.
The House Committee on Environment amended the bill to add language prohibiting the sale or delivery of any motor vehicle fuel containing MTBE in quantities greater than 0.5 percent by volume to distributors; to delete language regarding delivery of such motor vehicle fuels to service stations or to pumps; to provide that the distributor rather than the motor vehicle fuel retailer receive the declaration of MTBE content; and to eliminate the provision that made the whole bill contingent upon the granting of a waiver by the US Environmental Protection Agency.
The fiscal note on the original bill indicates that KDHE would have to increase enforcement efforts. According to the note, a new attorney position, a 1.0 FTE Environmental Scientist, and a 1.0 FTE Office Specialist would be necessary. The cost of these positions would be $115,200.
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/fulltext.cgi