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 9  AN ACT concerning solid waste; providing for certain grants to develop
10    markets for recycled materials; relating to fees for disposal of solid
11    waste; amending K.S.A. 1996 Supp. 65-3415a and 65-3415b and re-
12    pealing the existing sections.
13
14  Be it enacted by the Legislature of the State of Kansas:
15    Section 1.  K.S.A. 1996 Supp. 65-3415a is hereby amended to read
16  as follows: 65-3415a. (a) There is hereby created in the state treasury the
17  solid waste management fund.
18    (b)  The secretary shall remit at least monthly to the state treasurer
19  all moneys collected or received by the secretary from the following
20  sources:
21    (1)  Solid waste tonnage fees imposed pursuant to K.S.A. 65-3415b,
22  and amendments thereto;
23    (2)  application and annual fees provided for by K.S.A. 65-3407, and
24  amendments thereto;
25    (3)  gifts, grants, reimbursements or appropriations intended to be
26  used for the purposes of the fund, but excluding federal grants and co-
27  operative agreements; and
28    (4)  any other moneys provided by law.
29    Upon receipt thereof, the state treasurer shall deposit in the state treas-
30  ury any amount remitted pursuant to this subsection and shall credit the
31  entire amount to the solid waste management fund.
32    (c)  Moneys in the solid waste management fund shall be expended
33  for the following purposes:
34    (1)  Grants to counties or groups of counties or designated city or
35  cities pursuant to K.S.A. 65-3415, and amendments thereto, but the total
36  amount of expenditures from the fund in the fiscal year beginning July
37  1, 1995, for grants pursuant to subsection (b) of K.S.A. 65-3415 and
38  amendments thereto shall not exceed an amount equal to 20% of all
39  amounts credited to the fund during the preceding fiscal year, excluding
40  amounts credited to the market development account created by section
41  3;
42    (2)  monitoring and investigating solid waste management plans of
43  counties and groups of counties;
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 1    (3)  payment of extraordinary costs related to monitoring permitted
 2  solid waste processing facilities and disposal areas, both during operation
 3  and after closure;
 4    (4)  payment of costs of postclosure cleanup of permitted solid waste
 5  disposal areas which, as a result of a postclosure occurrence, pose a sub-
 6  stantial hazard to public health or safety or to the environment;
 7    (5)  emergency payment for costs of cleanup of solid waste disposal
 8  areas which were closed before the effective date of this act and which
 9  pose a substantial risk to the public health or safety or to the environment,
10  but the total amount of such emergency payments during a fiscal year
11  shall not exceed an amount equal to 50% of all amounts credited to the
12  fund during the preceding fiscal year excluding amounts credited to the
13  market development account created by section 3;
14    (6)  payment for emergency action by the secretary as necessary or
15  appropriate to assure that the public health or safety is not threatened
16  whenever there is a release from a solid waste processing facility or a solid
17  waste disposal area;
18    (7)  payment for corrective action by the secretary where the release
19  presents actual or potential threat to human health or the environment,
20  if the owner or operator has not been identified or is unable or unwilling
21  to perform corrective action;
22    (8)  payment of the administrative, technical and legal costs incurred
23  by the secretary in carrying out the provisions of K.S.A. 65-3401 through
24  65-3423, and amendments thereto, including the cost of any additional
25  employees or increased general operating costs of the department attrib-
26  utable therefor;
27    (9)  development of educational materials and programs for informing
28  the public about solid waste issues;
29    (10)  direct payments to reimburse counties or cities for household,
30  farmer or exempt small quantity generator hazardous wastes generated
31  from persons not served by existing household hazardous waste programs
32  or direct payment of contractors for the disposal costs of such wastes; and
33    (11)  payment of costs associated with the solid waste grants advisory
34  board pursuant to K.S.A. 1996 Supp. 65-3426, and amendments thereto;
35  and
36    (12)  market development grants as provided by section 3.
37    (d)  If the secretary determines that expenditures from the solid waste
38  management fund are necessary, the person or persons responsible for
39  the operation or long-term care of a disposal area whose failure to comply
40  with this act, rules and regulations promulgated thereunder, or permit
41  conditions resulted in such determination, shall be responsible for the
42  repayment of those amounts expended. The secretary shall take appro-
43  priate action to enforce this provision against any responsible person. The
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 1  secretary shall remit to the state treasurer any amounts recovered and
 2  collected in such action. The state treasurer shall deposit all such amounts
 3  in the state treasury and credit the same to the solid waste management
 4  fund.
 5    (e)  Expenditures from the solid waste management fund shall be
 6  made in accordance with appropriations acts upon warrants of the direc-
 7  tor of accounts and reports issued pursuant to vouchers approved by the
 8  secretary or a person designated by the secretary.
 9    (f)  On or before the 10th of each month, the director of accounts and
10  reports shall transfer from the state general fund to the solid waste man-
11  agement fund interest earnings based on:
12    (1)  The average daily balance of moneys in the solid waste manage-
13  ment fund for the preceding month; and
14    (2)  the net earnings rate of the pooled money investment portfolio
15  for the preceding month.
16    (g)  The solid waste management fund shall be used for the purposes
17  set forth in this act and for no other governmental purposes. It is the
18  intent of the legislature that the fund shall remain intact and inviolate for
19  the purposes set forth in this act, and moneys in the fund shall not be
20  subject to the provisions of K.S.A. 75-3722, 75-3725a and 75-3726a, and
21  amendments thereto.
22    Sec. 2.  K.S.A. 1996 Supp. 65-3415b is hereby amended to read as
23  follows: 65-3415b. (a) Except for construction and demolition landfills
24  and industrial solid waste landfills, there is hereby imposed a state solid
25  waste tonnage fee of $1.00 $1.50 for each ton or equivalent volume of
26  solid waste disposed of at any solid waste disposal area in this state.
27    (b)  There is hereby imposed a state solid waste tonnage fee of $1.00
28  $1.50 for each ton or equivalent volume of construction and demolition
29  waste disposed of at any construction and demolition landfill and solid
30  waste disposed at any industrial solid waste landfill, other than waste
31  enumerated in subsection (c).
32    (c)  The fees imposed by this section shall not apply to:
33    (1)  Any waste tire, as defined by subsection (j) of K.S.A. 65-3424, and
34  amendments thereto, disposed in or at a permitted solid waste disposal
35  area;
36    (2)  any of the following wastes when disposed of at a monofill per-
37  mitted by the department:
38    (A)  Sludges from public drinking water supply treatment plants;
39    (B)  cement kiln dust from the manufacture of portland and masonry
40  cement;
41    (C)  flue gas desulfurization sludge, fly ash and bottom ash from coal-
42  fired electric generating facilities; and
43    (D)  foundry sand;
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 1    (3)  clean rubble;
 2    (4)  solid waste solely consisting of vegetation from land clearing and
 3  grubbing, utility maintenance and seasonal or storm-related cleanup but
 4  such exception shall not apply to yard waste;
 5    (5)  construction and demolition waste generated before January 1,
 6  1996, from federal facilities as provided for under contract with the U.S.
 7  army corps of engineers before the effective date of this act; and
 8    (6)  construction and demolition waste disposed of by the state and
 9  any city or county, or by any person on their behalf.
10    (d)  The operator of a solid waste disposal area shall pay the fee im-
11  posed by this section.
12    (e)  The secretary of health and environment shall administer, enforce
13  and collect the fee imposed by this section. Except as otherwise provided
14  by subsections (a) and (b), all laws and rules and regulations of the sec-
15  retary of revenue relating to the administration, enforcement and collec-
16  tion of the retailers' sales tax shall apply to such fee insofar as they can
17  be made applicable, and the secretary of health and environment shall
18  adopt such additional rules and regulations as necessary for the efficient
19  and effective administration, enforcement and collection thereof.
20    (f)  The secretary of health and environment shall remit daily to the
21  state treasurer all moneys collected from fees imposed pursuant to sub-
22  sections (a) and (b). Upon receipt thereof, the state treasurer shall deposit
23  the entire amount in the state treasury and credit it to the solid waste
24  management fund created by K.S.A. 65-3415a and amendments thereto.
25     Of each such amount, 331/3% shall be credited to the market development
26  account created by section 3.
27    New Sec. 3.  There is hereby created the market development ac-
28  count in the solid waste management fund. All moneys credited to the
29  market development account shall be used to promote development of
30  in-state markets for recycled materials other than waste tires, as defined
31  by K.S.A. 65-3424 and amendments thereto. For that purpose, the sec-
32  retary of health and environment shall establish a program to award com-
33  petitive start-up grants to private entities proposing to engage in busi-
34  nesses in this state utilizing recycled materials. In awarding such grants,
35  the secretary may give preference to businesses that do not directly com-
36  pete with existing businesses that utilize recycled materials.
37    (b)  The secretary shall submit to the legislature, on or before the first
38  day of the regular legislative session each year, a report of all grants made
39  pursuant to this section. The report shall include the aggregate amount
40  of all grants awarded and, with respect to each grant awarded, the amount
41  of the grant, the recipient and a description of the use of the grant mon-
42  eys.
43    (c)  The grant program established pursuant to this section shall expire
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 1  July 1, 2003, unless extended by the legislature.
 2    Sec. 4.  K.S.A. 1996 Supp. 65-3415a and 65-3415b are hereby re-
 3  pealed.
 4    Sec. 5.  This act shall take effect and be in force from and after its
 5  publication in the statute book.