----------------------------------------------------------------------------


 9  AN ACT concerning the department of health and environment; estab-
10    lishing the departmental central services overhead fund; providing for
11    the crediting of certain amounts thereto; authorizing certain expend-
12    itures therefrom; amending K.S.A. 49-420 and K.S.A. 1996 Supp. 40-
13    2251, 65-163c, 65-3024, 65-3415a, 65-3424g, 65-34,114, 65-34,129 and
14    65-34,146 and repealing the existing sections.
15
16  Be it enacted by the Legislature of the State of Kansas:
17    New Section 1.  (a) There is hereby established within the state trea-
18  [chsury the departmental central services overhead fund for the department
19  of health and environment, which shall be administered by the secretary
20  of health and environment. All moneys in the departmental central serv-
21  ices overhead fund shall be used to pay for central operating expenditures
22  of the department of health and environment for programs and activities
23  of the department of health and environment. All expenditures from the
24  departmental central services overhead fund shall be made in accordance
25  with appropriation acts upon warrants of the director of accounts and
26  reports issued pursuant to vouchers approved by the secretary of health
27  and environment or by the secretary's designee.
28    (b)  On the effective date of this act and periodically thereafter, the
29  secretary of health and environment shall certify to the director of ac-
30  counts and reports the percentage to apply for the credit required to be
31  made to the departmental central services overhead fund from deposits
32  to the state treasury pursuant to K.S.A. 40-2251, 49-420, 65-163c, 65-
33  3024, 65-3415a, 65-3424g, 65-34,114, 65-34,129 and 65-34,146, and
34  amendments thereto, in accordance with this section. The percentage
35  shall be determined by the secretary of health and environment on the
36  basis of the amount of the central operating expenditures of the depart-
37  ment of health and environment attributable to the programs and activ-
38  ities of the department of health and environment conducted under the
39  provisions of such statutes, except that the percentage determined shall
40  not exceed 18%. The secretary of health and environment shall determine
41  a single percentage for purposes of all amounts to be credited to the
42  departmental central services overhead fund under all such statutes. Pe-
43  riodically, but not more often than monthly, the secretary of health and
HB 2547
                                     

 1  environment shall review the currently-certified percentage and shall cer-
 2  tify a different percentage to the director of accounts and reports if the
 3  secretary determines that a different percentage should be certified in
 4  accordance with this section. The director of accounts and reports shall
 5  apply the percentage most recently certified by the secretary of health
 6  and environment under this section for the credit required to be made
 7  to the departmental central services overhead fund under each of such
 8  statutes.
 9    (c)  The credit to the departmental central services overhead fund
10  required by K.S.A. 40-2251, 49-420, 65-163c, 65-3024, 65-3415a, 65-
11  3424g, 65-34,114, 65-34,129 and 65-34,146, and amendments thereto, is
12  to finance and reimburse the departmental central services overhead fund
13  for central operating expenditures of the department of health and en-
14  vironment in accordance with this section.
15    (d)  As used in this section, ``central operating expenditures'' means
16  operating expenditures for departmental central administrative and man-
17  agement services provided by the general management program of the
18  department of health and environment and the central acquisition of tech-
19  nology equipment, software and consulting and other services, including
20  the provision of accounting, auditing, budgeting, legal, payroll, personnel,
21  purchasing, and other overhead services.
22    Sec. 2.  K.S.A. 1996 Supp. 40-2251 is hereby amended to read as
23  follows: 40-2251. (a)  The commissioner of insurance shall develop or
24  approve statistical plans which shall be used by each insurer in the re-
25  cording and reporting of its premium, accident and sickness insurance
26  loss and expense experience, in order that the experience of all insurers
27  may be made available at least annually in such form and detail as may
28  be necessary to aid the commissioner and other interested parties in de-
29  termining whether rates and rating systems utilized by insurance com-
30  panies, mutual nonprofit hospital and medical service corporations, health
31  maintenance organizations and other entities designated by the commis-
32  sioner produce premiums and subscriber charges for accident and sick-
33  ness insurance coverage on Kansas residents, employers and employees
34  that are reasonable in relation to the benefits provided and to identify
35  any accident and sickness insurance benefits or provisions that may be
36  unduly influencing the cost. Such plans may also provide for the recording
37  and reporting of expense experience items which are specifically appli-
38  cable to the state. In promulgating such plans, the commissioner shall
39  give due consideration to the rating systems, classification criteria and
40  insurance and subscriber plans on file with the commissioner and, in
41  order that such plans may be as uniform as is practicable among the
42  several states, to the form of the plans and rating systems in other states.
43    (b)  The secretary of health and environment, as administrator of the
HB 2547
                                     

 1  health care database, pursuant to K.S.A. 1996 Supp. 65-6804, and amend-
 2  ments thereto, shall serve as the statistical agent for the purpose of gath-
 3  ering, receiving and compiling the data required by the statistical plan or
 4  plans developed or approved under this section. The commissioner of
 5  insurance shall make an assessment upon the reporting insurance com-
 6  panies, health maintenance organizations, group self-funded pools, and
 7  other reporting entities sufficient to cover the anticipated expenses to be
 8  incurred by the secretary in gathering, receiving and compiling such data.
 9    Such assessment shall be in the form of an annual fee established by the
10  secretary and charged to each reporting entity in proportion to such en-
11  tity's respective shares of total health insurance premiums, subscriber
12  charges and member fees received during the preceding calendar year.
13    (c)  All such assessments shall be paid to the secretary and. The sec-
14  retary shall deposit the same remit all moneys received for such assess-
15  ments to the state treasurer at least monthly. Upon receipt of each such
16  remittance, the state treasurer shall deposit the entire amount thereof in
17  the state treasury and it. A portion of each such deposit, computed by
18  applying the percentage certified under section 1, and amendments
19  thereto, shall be credited to the departmental central services overhead
20  fund of the department of health and environment and the balance of each
21  such deposit shall be credited to the insurance statistical plan fund.  All
22  expenditures from the insurance statistical plan fund shall be made in
23  accordance with appropriation acts upon warrants of the director of ac-
24  counts and reports issued pursuant to vouchers approved by the secretary
25  of health and environment or the secretary's designee.
26    (d)  Compilations of aggregate data gathered under the statistical plan
27  or plans required by this act shall be made available to insurers, trade
28  associations and other interested parties.
29    (c) (e)  The secretary, in writing, shall report to the commissioner of
30  insurance any insurance company, health maintenance organization,
31  group self-funded pool, nonprofit hospital and medical service corpora-
32  tion and any other reporting entity which fails to report the information
33  required in the form, manner or time prescribed by the secretary. Upon
34  receipt of such report, the commissioner of insurance shall impose an
35  appropriate penalty in accordance with K.S.A. 40-2,125, and amendments
36  thereto.
37    Sec. 3.  K.S.A. 49-420 is hereby amended to read as follows: 49-420.
38    (a) The department shall remit all moneys received from the payment of
39  fees or from civil penalties assessed by the secretary, including any inter-
40  est thereon, to the state treasurer at least monthly. Upon receipt of each
41  such remittance, the state treasurer shall deposit the entire amount
42  thereof in the state treasury. Twenty percent Each such deposit shall be
43  credited as follows:  (1) A portion equal to 20% of each such deposit shall
HB 2547
                                     

 1  be credited to the state general fund, (2) a portion of each such deposit
 2  equal to the amount computed by applying the percentage certified under
 3  section 1, and amendments thereto, to that portion of such deposit re-
 4  ceived for fees collected under the mined-land conservation and recla-
 5  mation act and acts amendatory thereof supplemental thereto, shall be
 6  credited to the departmental central services overhead fund of the de-
 7  partment of health and environment, and (3) the balance of each such
 8  deposit shall be credited to the mined-land conservation and reclamation
 9  fee fund. All expenditures from the mined-land conservation and recla-
10  mation fee fund shall be made in accordance with appropriation acts upon
11  warrants of the director of accounts and reports issued pursuant to vouch-
12  ers approved by the secretary or by a person or persons designated by
13  the secretary and may be expended for the administration and enforce-
14  ment of this act.
15    (b)  The mined-land reclamation fund is hereby created in the state
16  treasury. The secretary shall remit all moneys received from the forfeiture
17  of bonds to the state treasurer at least monthly. Upon receipt of each
18  such remittance, the state treasurer shall deposit the entire amount
19  thereof in the state treasury and such amount shall be credited to the
20  mined-land reclamation fund. The expenditures from the mined-land rec-
21  lamation fund which are used for the reclamation of land shall be made
22  in accordance with appropriation acts upon warrants of the director of
23  accounts and reports issued pursuant to vouchers approved by the sec-
24  retary or by a person or persons designated by the secretary and shall be
25  expended for reclamation of land affected by open pit, strip pit and sur-
26  face types of mine operations. Administrative expenses associated with
27  reclamation of the respective sites and not charged directly to the mined-
28  land reclamation fund shall be made by intra-agency transfer to the
29  mined-land conservation and reclamation fee fund.
30    Sec. 4.  K.S.A. 1996 Supp. 65-163c is hereby amended to read as
31  follows: 65-163c. (a) There is hereby established in the state treasury the
32  public water supply fee fund. In accordance with the provisions of sub-
33  section (b), revenue from the following sources shall be deposited in the
34  state treasury and credited to the public water supply fee fund:
35    (1)  Fees collected under K.S.A. 65-163, and amendments thereto;
36  and
37    (2)  interest attributable to investment of moneys in the fund and
38  credited to the fund in accordance with subsection (b).
39    (b)  The secretary of health and environment shall remit all moneys
40  received for fees collected under K.S.A. 65-163, and amendments thereto,
41  to the state treasurer at least monthly. Upon receipt of each such remit-
42  tance, the state treasurer shall deposit the entire amount thereof in the
43  state treasury. A portion of each such deposit, computed by applying the
HB 2547
                                     

 1  percentage certified under section 1, and amendments thereto, shall be
 2  credited to the departmental central services overhead fund of the de-
 3  partment of health and environment and the balance of each such deposit
 4  shall be credited to the public water supply fee fund.
 5    (c)  Moneys deposited in the public water supply fee fund shall be
 6  expended only to:
 7    (1)  Inspect and regulate public water supplies;
 8    (2)  finance associated departmental central services in accordance
 9  with section 1, and amendments thereto; and
10    (3)  provide training, assistance and technical guidance to public water
11  supply systems, including on-site technical assistance by the department
12  or by a contractor contracting with the department in complying with the
13  federal safe drinking water act (42 U.S.C. 300f et seq.) and regulations
14  adopted under such act.
15    (d)  The advisory committee established by K.S.A. 65-163, and
16  amendments thereto, shall advise the secretary regarding expenditures
17  from the public water supply fee fund.
18    (c) (e)  On or before the 10th of each month, the director of accounts
19  and reports shall transfer from the state general fund to the public water
20  supply fee fund interest earnings based on:
21    (1)  The average daily balance of moneys in the public water supply
22  fee fund for the preceding month; and
23    (2)  the net earnings rate of the pooled money investment portfolio
24  for the preceding month.
25    (d) (f)  All expenditures from the public water supply fee fund shall
26  be made in accordance with appropriation acts upon warrants of the di-
27  rector of accounts and reports issued pursuant to vouchers approved by
28  the secretary of health and environment, or the secretary's designee, for
29  the purposes set forth in this section.
30    Sec. 5.  K.S.A. 1996 Supp. 65-3024 is hereby amended to read as
31  follows: 65-3024. (a) The secretary may fix, charge and collect annual
32  emissions fees in amounts necessary to pay the direct and indirect costs
33  of administering the provisions of the Kansas air quality act. The secretary
34  shall adopt rules and regulations fixing such fees and shall periodically
35  increase or decrease such fees consistent with the need to cover the direct
36  and indirect costs of administering the program. To the extent possible,
37  annual emission fees shall be based upon actual emissions determined
38  pursuant to rules and regulations adopted by the secretary. For purposes
39  of determining emission fees for a facility, emissions of any single regu-
40  lated pollutant in excess of 4,000 tons per year shall not be included in
41  the calculation when determining the total emissions from the facility.
42    (b)  There is hereby established in the state treasury the air quality
43  fee fund. In accordance with the provisions of subsection (c), revenue
HB 2547
                                     

 1  from the following sources shall be deposited in the state treasury and
 2  credited to the fund:
 3    (1)  Fees collected under subsection (a);
 4    (2)  any moneys recovered by the state under the provisions of this
 5  act, including administrative expenses, civil penalties and moneys paid
 6  under any agreement, stipulation or settlement; and
 7    (3)  interest attributable to investment of moneys in the fund and
 8  credited to the fund in accordance with subsection (c).
 9    (c)  The secretary shall remit all moneys received for fees under sub-
10  section (a) and all moneys recovered by the state under the Kansas air
11  quality act, including administrative expenses, civil penalties and moneys
12  paid under any agreement, stipulation or settlement, to the state treasurer
13  at least monthly. Upon receipt of each such remittance, the state treasurer
14  shall deposit the entire amount thereof in the state treasury. Each such
15  deposit shall be credited as follows:  (1) A portion of each such deposit
16  equal to the amount computed by applying the percentage certified under
17  section 1, and amendments thereto, to that portion of such deposit re-
18  ceived for fees collected under subsection (a) shall be credited to the de-
19  partmental central services overhead fund of the department of health
20  and environment, and (2) the balance of each such deposit shall be cred-
21  ited to the air quality fee fund.
22    (d)  Moneys deposited in the fund shall be expended only for the
23  purpose of administering the Kansas air quality act, including funding of
24  a technical and environmental compliance assistance program and for
25  departmental central services in accordance with section 1, and amend-
26  ments thereto, and for no other governmental purposes.
27    (d) (e)  On or before the 10th of each month, the director of accounts
28  and reports shall transfer from the state general fund to the air quality
29  fee fund interest earnings based on:
30    (1)  The average daily balance of moneys in the air quality fee fund
31  for the preceding month; and
32    (2)  the net earnings rate of the pooled money investment portfolio
33  for the preceding month.
34    (e) (f)  All expenditures from the air quality fee fund shall be made
35  in accordance with appropriation acts upon warrants of the director of
36  accounts and reports issued pursuant to vouchers approved by the sec-
37  retary, or the secretary's designee, for the purposes set forth in this sec-
38  tion.
39    Sec. 6.  K.S.A. 1996 Supp. 65-3415a is hereby amended to read as
40  follows: 65-3415a. (a) There is hereby created in the state treasury the
41  solid waste management fund.
42    (b) (1)  The secretary shall remit at least monthly to the state trea-
43  [chsurer all moneys collected or received by the secretary from the following
HB 2547
                                     

 1  sources:
 2    (1) (A)  Solid waste tonnage fees imposed pursuant to K.S.A. 65-
 3  3415b, and amendments thereto;
 4    (2) (B)  application and annual fees provided for by K.S.A. 65-3407,
 5  and amendments thereto;
 6    (3) (C)  gifts, grants, reimbursements or appropriations intended to
 7  be used for the purposes of the fund, but excluding federal grants and
 8  cooperative agreements; and
 9    (4) (D)  any other moneys provided by law.
10    (2)  Upon receipt thereof, the state treasurer shall deposit in the state
11  treasury any the entire amount remitted pursuant to this subsection and
12  shall credit the entire amount in the state treasury. Each such deposit
13  shall be credited as follows:  (A) A portion of each such deposit equal to
14  the amount computed by applying the percentage certified under section
15  1, and amendments thereto, to that portion of such deposit received for
16  solid waste tonnage fees pursuant to K.S.A. 65-3415b, and amendments
17  thereto, or application or annual fees provided for by K.S.A. 65-3407, and
18  amendments thereto, shall be credited to the departmental central services
19  overhead fund of the department of health and environment, and (B) the
20  balance of each such deposit shall be credited to the solid waste manage-
21  ment fund.
22    (c)  Moneys in the solid waste management fund shall be expended
23  for the following purposes:
24    (1)  Grants to counties or groups of counties or designated city or
25  cities pursuant to K.S.A. 65-3415, and amendments thereto, but the total
26  amount of expenditures from the fund in the fiscal year beginning July
27  1, 1995, for grants pursuant to subsection (b) of K.S.A. 65-3415 and
28  amendments thereto shall not exceed an amount equal to 20% of all
29  amounts credited to the fund during the preceding fiscal year;
30    (2)  monitoring and investigating solid waste management plans of
31  counties and groups of counties;
32    (3)  payment of extraordinary costs related to monitoring permitted
33  solid waste processing facilities and disposal areas, both during operation
34  and after closure;
35    (4)  payment of costs of postclosure cleanup of permitted solid waste
36  disposal areas which, as a result of a postclosure occurrence, pose a sub-
37  stantial hazard to public health or safety or to the environment;
38    (5)  emergency payment for costs of cleanup of solid waste disposal
39  areas which were closed before the effective date of this act and which
40  pose a substantial risk to the public health or safety or to the environment,
41  but the total amount of such emergency payments during a fiscal year
42  shall not exceed an amount equal to 50% of all amounts credited to the
43  fund during the preceding fiscal year;
HB 2547
                                     

 1    (6)  payment for emergency action by the secretary as necessary or
 2  appropriate to assure that the public health or safety is not threatened
 3  whenever there is a release from a solid waste processing facility or a solid
 4  waste disposal area;
 5    (7)  payment for corrective action by the secretary where the release
 6  presents actual or potential threat to human health or the environment,
 7  if the owner or operator has not been identified or is unable or unwilling
 8  to perform corrective action;
 9    (8)  payment of the administrative, technical and legal costs, and other
10  departmental central services incurred by the secretary in carrying out
11  the provisions of K.S.A. 65-3401 through 65-3423, and amendments
12  thereto, including the cost of any additional employees or increased gen-
13  eral operating costs of the department attributable therefor thereto, in
14  accordance with section 1, and amendments thereto;
15    (9)  development of educational materials and programs for informing
16  the public about solid waste issues;
17    (10)  direct payments to reimburse counties or cities for household,
18  farmer or exempt small quantity generator hazardous wastes generated
19  from persons not served by existing household hazardous waste programs
20  or direct payment of contractors for the disposal costs of such wastes; and
21    (11)  payment of costs associated with the solid waste grants advisory
22  board pursuant to K.S.A. 1996 Supp. 65-3426, and amendments thereto.
23    (d)  If the secretary determines that expenditures from the solid waste
24  management fund are necessary, the person or persons responsible for
25  the operation or long-term care of a disposal area whose failure to comply
26  with this act, rules and regulations promulgated thereunder, or permit
27  conditions resulted in such determination, shall be responsible for the
28  repayment of those amounts expended. The secretary shall take appro-
29  priate action to enforce this provision against any responsible person. The
30  secretary shall remit to the state treasurer any amounts recovered and
31  collected in such action. The state treasurer shall deposit all such amounts
32  in the state treasury and credit the same to the solid waste management
33  fund such amounts shall be credited as prescribed by subsection (b).
34    (e)  Expenditures from the solid waste management fund shall be
35  made in accordance with appropriations acts upon warrants of the direc-
36  tor of accounts and reports issued pursuant to vouchers approved by the
37  secretary or a person designated by the secretary.
38    (f)  On or before the 10th of each month, the director of accounts and
39  reports shall transfer from the state general fund to the solid waste man-
40  agement fund interest earnings based on:
41    (1)  The average daily balance of moneys in the solid waste manage-
42  ment fund for the preceding month; and
43    (2)  the net earnings rate of the pooled money investment portfolio
HB 2547
                                     

 1  for the preceding month.
 2    (g)  The solid waste management fund shall be used for the purposes
 3  set forth in this act, including financing associated departmental central
 4  services in accordance with section 1, and amendments thereto, and for
 5  no other governmental purposes. It is the intent of the legislature that
 6  the fund shall remain intact and inviolate for the purposes set forth in
 7  this act, and moneys in the fund shall not be subject to the provisions of
 8  K.S.A. 75-3722, 75-3725a and 75-3726a, and amendments thereto.
 9    Sec. 7.  K.S.A. 1996 Supp. 65-3424g is hereby amended to read as
10  follows: 65-3424g. (a) There is hereby established in the state treasury
11  the waste tire management fund.
12    (b)  In accordance with the provisions of subsection (c), money from
13  the following sources shall be credited to the waste tire management
14  fund:
15    (1)  Revenue collected from the excise tax by K.S.A. 65-3424d, and
16  amendments thereto;
17    (2)  permit application and renewal fees provided for by K.S.A. 65-
18  3424b, and amendments thereto;
19    (3)  interest provided for by subsection (e);
20    (4)  additional sources of funding such as reimbursements and appro-
21  priations intended to be used for the purposes of the fund;
22    (5)  any recoveries from abatement and enforcement actions provided
23  for by K.S.A. 65-3424k, and amendments thereto;
24    (6)  any interagency fund transfers relevant to providing business de-
25  velopment grants for businesses engaged in recycling or utilizing waste
26  tires in resource recovery programs provided for by K.S.A. 65-3424f, and
27  amendments thereto; and
28    (7)  any other moneys provided by law.
29    (c)  The secretary of health and environment shall remit all moneys
30  described in subsection (a) and received by the secretary to the state
31  treasurer at least monthly. Upon receipt of each such remittance, the state
32  treasurer shall deposit the entire amount thereof in the state treasury.
33  Each such deposit shall be credited as follows:  (1) A portion of each such
34  deposit equal to the amount computed by applying the percentage certi-
35  fied under section 1, and amendments thereto, to that portion of such
36  deposit received for permit application or renewal fees provided for by
37  K.S.A. 65-3424b, and amendments thereto, shall be credited to the de-
38  partmental central services overhead fund of the department of health
39  and environment, and (2) the balance of each such deposit shall be cred-
40  ited to the waste tire management fund.
41    (d)  Moneys in the waste tire management fund shall be used only for
42  the purpose of:
43    (1)  Making grants as provided by K.S.A. 65-3424f, and amendments
HB 2547
                                     

 1  thereto;
 2    (2)  paying compensation and other expenses of employing personnel
 3  to carry out the duties of the secretary pursuant to K.S.A. 65-3424 through
 4  65-3424h, and amendments thereto, other than payment for departmen-
 5  tal central services in accordance with section 1, and amendments thereto,
 6  but not more than the following shall be used for such purpose: (A) For
 7  fiscal years beginning before July 1, 2002, 16% or $200,000, whichever
 8  amount is less, of the moneys credited to the fund during the preceding
 9  fiscal year; and (B) for fiscal years beginning on or after July 1, 2002, 32%
10  or $200,000, whichever amount is less, of the moneys credited to the fund
11  during the preceding fiscal year;
12    (3)  action by the department before July 1, 2001, to abate waste tires
13  accumulated prior to July 1, 1990, or to abate a nuisance or risk to the
14  public health or the environment created or which could be created by
15  waste tires accumulated after July 1, 1990, if the owner or operator of the
16  site has not been identified or has not abated the nuisance; and
17    (4)  action by the department after July 1, 2001, to implement interim
18  measures to minimize nuisances or risks to public health or the environ-
19  ment that are or could be created by waste tire accumulations, until the
20  responsible party or county can fully abate the site; and
21    (5)  financing associated departmental central services in accordance
22  with section 1, and amendments thereto.
23    (d) (e)  All expenditures from the waste tire management fund shall
24  be made in accordance with appropriations acts upon warrants of the
25  director of accounts and reports issued pursuant to vouchers approved
26  by the secretary, or the secretary's designee.
27    (e) (f)  On or before the 10th of each month, the director of accounts
28  and reports shall transfer from the state general fund to the waste tire
29  management fund interest earnings based on:
30    (1)  The average daily balance of moneys in the waste tire manage-
31  ment fund for the preceding month; and
32    (2)  the net earnings rate for the pooled money investment portfolio
33  for the preceding month.
34    Sec. 8.  K.S.A. 1996 Supp. 65-34,114 is hereby amended to read as
35  follows: 65-34,114. (a) There is hereby established as a segregated fund
36  in the state treasury the underground petroleum storage tank release trust
37  fund, which shall be a continuation of the petroleum storage tank release
38  trust fund. The underground fund shall be administered by the secretary.
39  In accordance with the provisions of subsection (b), revenue from the
40  following sources shall be deposited in the state treasury and credited to
41  the underground fund:
42    (1)  The applicable proceeds of the environmental assurance fee im-
43  posed by this act;
HB 2547
                                     

 1    (2)  any moneys recovered by the state under the provisions of this
 2  act relating to underground storage tanks, including administrative ex-
 3  penses, civil penalties and moneys paid under an agreement, stipulation
 4  or settlement;
 5    (3)  interest attributable to investment of moneys in the underground
 6  fund;
 7    (4)  moneys received by the secretary in the form of gifts, grants, re-
 8  imbursements or appropriations from any source intended to be used for
 9  the purposes of the underground fund, but excluding federal grants and
10  cooperative agreements; and
11    (5)  amounts transferred to the underground fund by the plan adopted
12  pursuant to K.S.A. 65-34,126 and amendments thereto, as provided by
13  K.S.A. 65-34,126 and amendments thereto.
14    (b)  The secretary of health and environment shall remit all moneys
15  received from all sources specified in subsection (a), other than from in-
16  terest attributable to investment of moneys in the underground fund, to
17  the state treasurer at least monthly. Upon receipt of each such remittance,
18  the state treasurer shall deposit the entire amount thereof in the state
19  treasury. Each such deposit shall be credited as follows:  (1) A portion of
20  each such deposit equal to the amount computed by applying the per-
21  centage certified under section 1, and amendments thereto, to that portion
22  of such deposit received for the environmental assurance fee imposed by
23  K.S.A. 65-34,117, and amendments thereto, shall be credited to the de-
24  partmental central services overhead fund of the department of health
25  and environment, and (2) the balance of each such deposit shall be cred-
26  ited to the underground petroleum storage tank release trust fund.
27    (c)   The underground fund shall be administered so as to assist own-
28  ers and operators of underground petroleum storage tanks in providing
29  evidence of financial responsibility for corrective action required by a
30  release from any such tank. Moneys deposited in the underground fund
31  may be expended for the purpose of reimbursing owners and operators
32  and such others as provided by this act for the costs of corrective action
33  and for transfers to the plan adopted pursuant to K.S.A. 65-34,126 and
34  amendments thereto, as provided by K.S.A. 65-34,126 and amendments
35  thereto subject to the conditions and limitations prescribed by this act,
36  but moneys in the underground fund shall not otherwise be used for
37  compensating third parties for bodily injury or property damage caused
38  by a release from an underground petroleum storage tank, other than
39  property damage included in a corrective action plan approved by the
40  secretary. In addition, moneys credited to the underground fund may be
41  expended for the following purposes:
42    (1)  To permit the secretary to take whatever emergency action is
43  necessary or appropriate to assure that the public health or safety is not
HB 2547
                                     

 1  threatened whenever there is a release or potential release from an un-
 2  derground petroleum storage tank;
 3    (2)  to permit the secretary to take corrective action where the release
 4  or potential release presents an actual or potential threat to human health
 5  or the environment, if the owner or operator has not been identified or
 6  is unable or unwilling to perform corrective action, including but not
 7  limited to providing for alternative water supplies;
 8    (3)  payment of the state's share of the federal leaking underground
 9  storage tank trust fund cleanup costs, as required by the resource con-
10  servation and recovery act, 42 U.S.C. (section) &6991b(h)(7)(B);
11    (4)  payment of the administrative, technical and legal costs, and other
12  departmental central services incurred by the secretary in carrying out
13  the provisions of K.S.A. 65-34,114 through 65-34,124, and amendments
14  thereto, with respect to underground storage tanks, including the cost of
15  any additional employees or increased general operating costs of the de-
16  partment attributable thereto, in accordance with section 1, and amend-
17  ments thereto, which costs shall not be payable from any moneys other
18  than those credited to the underground fund or the departmental central
19  services overhead fund;
20    (5)  reimbursement of persons as authorized by subsection (g) of
21  K.S.A. 65-34,119 and amendments thereto; and
22    (6)  payment of refunds as authorized by subsection (h) of K.S.A. 65-
23  34,119 and amendments thereto.
24    (c) (d)  The underground fund shall be used for the purposes set forth
25  in this act and for departmental central services in accordance with section
26  1, and amendments thereto, and for no other governmental purposes. It
27  is the intent of the legislature that the underground fund shall remain
28  intact and inviolate for the purposes set forth in this act, and moneys in
29  the underground fund shall not be subject to the provisions of K.S.A. 75-
30  3722, 75-3725a and 75-3726a, and amendments thereto.
31    (d) (e)  Neither the state of Kansas nor the underground fund shall
32  be liable to an owner or operator for the loss of business, damages or
33  taking of property associated with any corrective or enforcement action
34  taken pursuant to this act.
35    (e) (f)  On or before the 10th of each month, the director of accounts
36  and reports shall transfer from the state general fund to the underground
37  fund interest earnings based on:
38    (1)  The average daily balance of moneys in the underground fund for
39  the preceding month; and
40    (2)  the net earnings rate of the pooled money investment portfolio
41  for the preceding month.
42    (f) (g)  All expenditures from the underground fund shall be made in
43  accordance with appropriation acts upon warrants of the director of ac-
HB 2547
                                     

 1  counts and reports issued pursuant to vouchers approved by the secretary
 2  for the purposes set forth in this section.
 3    Sec. 9.  K.S.A. 1996 Supp. 65-34,129 is hereby amended to read as
 4  follows: 65-34,129. (a) There is hereby established as a segregated fund
 5  in the state treasury the aboveground petroleum storage tank release trust
 6  fund, to be administered by the secretary. In accordance with the pro-
 7  visions of subsection (b), revenue from the following sources shall be
 8  deposited in the state treasury and credited to the aboveground fund:
 9    (1)  The applicable proceeds of the environmental assurance fee im-
10  posed by this act;
11    (2)  any moneys recovered by the state under the provisions of this
12  act relating to aboveground storage tanks, including administrative ex-
13  penses, civil penalties and moneys paid under an agreement, stipulation
14  or settlement;
15    (3)  interest attributable to investment of moneys in the aboveground
16  fund; and
17    (4)  moneys received by the secretary in the form of gifts, grants, re-
18  imbursements or appropriations from any source intended to be used for
19  the purposes of the aboveground fund, but excluding federal grants and
20  cooperative agreements.
21    (b)  The secretary of health and environment shall remit all moneys
22  received from all sources specified in subsection (a), other than from in-
23  terest attributable to investment of moneys in the aboveground fund, to
24  the state treasurer at least monthly. Upon receipt of each such remittance,
25  the state treasurer shall deposit the entire amount thereof in the state
26  treasury. Each such deposit shall be credited as follows:  (1) A portion of
27  each such deposit equal to the amount computed by applying the per-
28  centage certified under section 1, and amendments thereto, to that portion
29  of such deposit received for the environmental assurance fee imposed by
30  K.S.A. 65-34,117, and amendments thereto, shall be credited to the de-
31  partmental central services overhead fund of the department of health
32  and environment, and (2) the balance of each such deposit shall be cred-
33  ited to the aboveground petroleum storage tank release trust fund.
34    (c)  Moneys deposited in the aboveground fund may be expended for
35  the purpose of reimbursing owners and operators and such others as
36  provided by this act for the costs of corrective action subject to the con-
37  ditions and limitations prescribed by this act, but moneys in the above-
38  ground fund shall not otherwise be used for compensating third parties
39  for bodily injury or property damage caused by a release from an above-
40  ground petroleum storage tank, other than property damage included in
41  a corrective action plan approved by the secretary. In addition, moneys
42  credited to the aboveground fund may be expended for the following
43  purposes:
HB 2547
                                     

 1    (1)  To permit the secretary to take whatever emergency action is
 2  necessary or appropriate to assure that the public health or safety is not
 3  threatened whenever there is a release or potential release from an above-
 4  ground petroleum storage tank;
 5    (2)  to permit the secretary to take corrective action where the release
 6  or potential release presents an actual or potential threat to human health
 7  or the environment, if the owner or operator has not been identified or
 8  is unable or unwilling to perform corrective action, including but not
 9  limited to providing for alternative water supplies;
10    (3)  payment of the administrative, technical and legal costs, and other
11  departmental central services incurred by the secretary in carrying out
12  the provisions of K.S.A. 65-34,114 through 65-34,124, and amendments
13  thereto, with respect to aboveground storage tanks, including the cost of
14  any additional employees or increased general operating costs of the de-
15  partment attributable thereto, in accordance with section 1, and amend-
16  ments thereto, which costs shall not be payable from any moneys other
17  than those credited to the aboveground fund or the departmental central
18  services overhead fund; and
19    (4)  reimbursement of persons as authorized by subsection (g) of
20  K.S.A. 65-34,119 and amendments thereto.
21    (c) (d)  The aboveground fund shall be used for the purposes set forth
22  in this act and for departmental central services in accordance with section
23  1, and amendments thereto, and for no other governmental purposes. It
24  is the intent of the legislature that the aboveground fund shall remain
25  intact and inviolate for the purposes set forth in this act, and moneys in
26  the aboveground fund shall not be subject to the provisions of K.S.A. 75-
27  3722, 75-3725a and 75-3726a, and amendments thereto.
28    (d) (e)  Neither the state of Kansas nor the aboveground fund shall
29  be liable to an owner or operator for the loss of business, damages or
30  taking of property associated with any corrective or enforcement action
31  taken pursuant to this act.
32    (e) (f)  On or before the 10th of each month, the director of accounts
33  and reports shall transfer from the state general fund to the aboveground
34  fund interest earnings based on:
35    (1)  The average daily balance of moneys in the aboveground fund for
36  the preceding month; and
37    (2)  the net earnings rate of the pooled money investment portfolio
38  for the preceding month.
39    (f) (g)  All expenditures from the aboveground fund shall be made in
40  accordance with appropriation acts upon warrants of the director of ac-
41  counts and reports issued pursuant to vouchers approved by the secretary
42  for the purposes set forth in this section.
43    (g) (h)  This section shall be part of and supplemental to the Kansas
HB 2547
                                     

 1  storage tank act.
 2    Sec. 10.  K.S.A. 1996 Supp. 65-34,146 is hereby amended to read as
 3  follows: 65-34,146. (a) There is hereby established in the state treasury
 4  the drycleaning facility release trust fund. The fund shall be administered
 5  by the secretary. In accordance with the provisions of subsection (b),
 6  revenue from the following sources shall be deposited in the state treasury
 7  and credited to the fund:
 8    (1)  Any proceeds from the taxes and fees imposed by this act;
 9    (2)  any interest attributable to investment of moneys in the dryclean-
10  ing facility release trust fund;
11    (3)  moneys recovered by the state under the provisions of this act,
12  including any moneys paid under an agreement with the secretary or as
13  civil penalties; and
14    (4)  moneys received by the secretary in the form of gifts, grants, re-
15  imbursements or appropriations from any source intended to be used for
16  the purposes of this act.
17    (b)  The secretary of health and environment shall remit all moneys
18  received from all sources specified in subsection (a), other than interest
19  attributable to investment of moneys in the drycleaning facility release
20  trust fund, to the state treasurer at least monthly. Upon receipt of each
21  such remittance, the state treasurer shall deposit the entire amount thereof
22  in the state treasury. Each such deposit shall be credited as follows:  (1) A
23  portion of each such deposit equal to the amount computed by applying
24  the percentage certified under section 1, and amendments thereto, to that
25  portion of such deposit received for the fees imposed by K.S.A. 1996 Supp.
26  65-34,151, and amendments thereto, under the Kansas drycleaner envi-
27  ronmental response act, shall be credited to the departmental central serv-
28  ices overhead fund of the department of health and environment, and (2)
29  the balance of each such deposit shall be credited to the drycleaning fa-
30  cility release trust fund.
31    (c)  Moneys in the drycleaning facility release trust fund may be ex-
32  pended for only the following purposes and for no other governmental
33  purpose:
34    (1)  The direct costs of administration and enforcement of this act;
35  and
36    (2)  the costs of corrective action as provided in K.S.A. 1996 Supp.
37  65-34,150 65-34,148, and amendments thereto; and
38    (3)  the costs of associated departmental central services in accordance
39  with section 1, and amendments thereto.
40    (c) (d)  It is the intent of the legislature that the fund shall remain
41  intact and inviolate for the purposes set forth in this act, and moneys in
42  the fund shall not be subject to the provisions of K.S.A. 75-3722, 75-
43  3725a and 75-3726a, and amendments thereto.
HB 2547
                                     

 1    (d) (e)  On or before the 10th day of each month, the director of
 2  accounts and reports shall transfer from the state general fund to the
 3  drycleaning facility release trust fund, the amount of money certified by
 4  the pooled money investment board in accordance with this subsection.
 5  Prior to the 10th day of each month, the pooled money investment board
 6  shall certify to the director of accounts and reports the amount of money
 7  equal to the proportionate amount of all the interest credited to the state
 8  general fund for the preceding period of time specified under this sub-
 9  section, pursuant to K.S.A. 75-4210a and amendments thereto, that is
10  attributable to moneys in the drycleaning facility release trust fund. Such
11  amount of money shall be determined by the pooled money investment
12  board interest earnings based on:
13    (1)  The average daily balance of moneys in the drycleaning facility
14  release trust fund during the period of time specified under this subsec-
15  tion as certified to the board by the director of accounts and reports for
16  the preceding month; and
17    (2)  the average interest rate on the purchase agreements of less than
18  30 days' duration entered into by the pooled money investment board for
19  that period of time. On or before the 5th day of the month for the pre-
20  ceding month, the director of accounts and reports shall certify to the
21  pooled money investment board the average daily balance of moneys in
22  the drycleaning facility release trust fund for the period of time specified
23  under this subsection the net earnings rate for the pooled money invest-
24  ment portfolio for the preceding month.
25    (e) (f)  All expenditures from the drycleaning facility release trust fund
26  shall be made in accordance with appropriation acts upon warrants of the
27  director of the accounts and reports issued pursuant to vouchers approved
28  by the secretary for the purposes set forth in this section.
29    Sec. 11.  K.S.A. 49-420 and K.S.A. 1996 Supp. 40-2251, 65-163c, 65-
30  3024, 65-3415a, 65-3424g, 65-34,114, 65-34,129 and 65-34,146 are
31  hereby repealed.
32    Sec. 12.  This act shall take effect and be in force from and after its
33  publication in the statute book.