CHAPTER 143
Substitute for HOUSE BILL No. 2950
An Act concerning agriculture; relating to
regulation of confined animal feeding facilities;
imposing restrictions on construction,
operation and expansion of certain facilities; pro-
viding for certain income tax credits;
providing for certain elections on establishment of
swine production facilities; relating to
eligibility for KIT and KIR program funds and
for issuance of Kansas development finance
authority bonds; relating to disposal of cer-
tain dead livestock; relating to water quality
buffers; amending K.S.A. 2-1915, 2-3302,
2-3305, 2-3307, 17-5908, 74-5065 and 79-32,117
and K.S.A. 1997 Supp. 17-5904, 19-
101a, 47-1219, 65-171d, 74-5066, 74-8902 and
74-8950; also repealing K.S.A. 79-32,117i;
also reviving K.S.A. 2-3302, 2-3305, 2-3307
and 79-32,117 and K.S.A. 1997 Supp. 47-
1219 and 65-171d and repealing K.S.A. 2-3302,
as amended by section 23 of this act, 2-
3305, as amended by section 25 of this act,
2-3307, as amended by section 26 of this
act, and 79-32,117, as amended by section 29
of this act, and K.S.A. 1997 Supp. 47-
1219, as amended by section 27 of this act,
and 65-171d, as amended by section 1 of
this act.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 1997 Supp. 65-171d is hereby amended to
read as
follows: 65-171d. (a) For the purpose of preventing surface and
subsur-
face water pollution and soil pollution detrimental to public
health or to
the plant, animal and aquatic life of the state, and to protect
beneficial
uses of the waters of the state and to require the treatment of
sewage
predicated upon technologically based effluent limitations, the
secretary
of health and environment shall make such rules and regulations,
includ-
ing registration of potential sources of pollution, as may in the
secretary's
judgment be necessary to: (1) Protect the soil and waters of the
state from
pollution resulting from underground storage reservoirs of
hydrocarbons
and liquid petroleum gas; (2) control the disposal, discharge or
escape of
sewage as defined in K.S.A. 65-164 and amendments thereto, by or
from
municipalities, corporations, companies, institutions, state
agencies, fed-
eral agencies or individuals and any plants, works or facilities
owned or
operated, or both, by them; and (3) establish water quality
standards for
the waters of the state to protect their beneficial uses.
(b) The secretary of health and environment may adopt by
reference
any regulation relating to water quality and effluent standards
promul-
gated by the federal government pursuant to the provisions of the
federal
clean water act and amendments thereto, as in effect on January 1,
1989,
which the secretary is otherwise authorized by law to adopt.
(c) For the purposes of this act, including K.S.A. 65-161
through 65-
171h and sections 2 through 22, and amendments thereto, and
rules and
regulations adopted pursuant thereto:
(1) ``Pollution'' means: (A) Such contamination or other
alteration of
the physical, chemical or biological properties of any waters of
the state
as will or is likely to create a nuisance or render such waters
harmful,
detrimental or injurious to public health, safety or welfare, or to
the plant,
animal or aquatic life of the state or to other designated
beneficial uses;
or (B) such discharge as will or is likely to exceed state effluent
standards
predicated upon technologically based effluent limitations.
(2) ``Confined feeding facility'' means any lot, pen, pool or
pond: (A)
Which is used for the confined feeding of animals or fowl for food,
fur
or pleasure purposes; (B) which is not normally used for raising
crops;
and (C) in which no vegetation intended for animal food is
growing.
(3) ``Animal unit'' means a unit of measurement calculated by
adding
the following numbers: The number of beef cattle weighing more
than
700 pounds multiplied by 1.0; plus the number of cattle weighing
less
than 700 pounds multiplied by 0.5; plus the number of mature dairy
cattle
multiplied by 1.4; plus the number of swine weighing more than
55
pounds multiplied by 0.4; plus the number of swine weighing 55
pounds
or less multiplied by 0.1; plus the number of sheep or lambs
multiplied
by 0.1; plus the number of horses multiplied by 2.0; plus the
number of
turkeys multiplied by 0.018; plus the number of laying hens or
broilers,
if the facility has continuous overflow watering, multiplied by
0.01; plus
the number of laying hens or broilers, if the facility has a liquid
manure
system, multiplied by 0.033; plus the number of ducks multiplied by
0.2.
However, each head of cattle will be counted as one full animal
unit for
the purpose of determining the need for a federal permit. ``Animal
unit''
also includes the number of swine weighing 55 pounds or less
multiplied
by 0.1 for the purpose of determining applicable requirements for
new
construction of a confined feeding facility for which a permit or
registra-
tion has not been issued before January 1, 1998, and for which an
appli-
cation for a permit or registration and plans have not been filed
with the
secretary of health and environment before January 1, 1998, or for
the
purpose of determining applicable requirements for expansion of
such
facility. However, each head of swine weighing 55 pounds or less
shall be
counted as 0.0 animal unit for the purpose of determining the need
for
a federal permit.
(4) ``Animal unit capacity'' means the maximum number of
animal
units which a confined feeding facility is designed to accommodate
at any
one time.
(5) ``Habitable structure'' means any of the following
structures which
is occupied or maintained in a condition which may be occupied
and
which, in the case of a confined feeding facility for swine, is
owned by a
person other than the operator of such facility: A dwelling,
church, school,
adult care home, medical care facility, child care facility,
library, com-
munity center, public building, office building or licensed food
service or
lodging establishment.
(6) ``Wildlife refuge'' means Cheyenne Bottoms wildlife
management
area, Cheyenne Bottoms preserve and Flint Hills, Quivera, Marais
des
Cygnes and Kirwin national wildlife refuges.
(d) In adopting rules and regulations, the secretary of health
and en-
vironment, taking into account the varying conditions that are
probable
for each source of sewage and its possible place of disposal,
discharge or
escape, may provide for varying the control measures required in
each
case to those the secretary finds to be necessary to prevent
pollution. If
a freshwater reservoir or farm pond is privately owned and where
com-
plete ownership of land bordering the reservoir or pond is
under common
private ownership, such freshwater reservoir or farm pond shall be
ex-
empt from water quality standards except as it relates to water
discharge
or seepage from the reservoir or pond to waters of the
state, either surface
or groundwater, or as it relates to the public health of persons
using the
reservoir or pond or waters therefrom.
(e) (1) Whenever the secretary of health and environment
or the
secretary's duly authorized agents find that the soil or waters of
the state
are not being protected from pollution resulting from underground
stor-
age reservoirs of hydrocarbons and liquid petroleum gas or that
storage
or disposal of salt water not regulated by the state corporation
commission
or refuse in any surface pond is causing or is likely to cause
pollution of
soil or waters of the state, the secretary or the secretary's duly
authorized
agents shall issue an order prohibiting such underground storage
reservoir
or surface pond. Any person aggrieved by such order may within 15
days
of service of the order request in writing a hearing on the
order.
(2) Upon receipt of a timely request, a hearing shall be
conducted in
accordance with the provisions of the Kansas administrative
procedure
act.
(3) Any action of the secretary pursuant to this subsection is
subject
to review in accordance with the act for judicial review and civil
enforce-
ment of agency actions.
(f) The secretary may adopt rules and regulations establishing
fees
for the following services:
(1) Plan approval, monitoring and inspecting underground or
buried
petroleum products storage tanks, for which the annual fee shall
not ex-
ceed $5 for each tank in place;
(2) permitting, monitoring and inspecting salt solution mining
oper-
ators, for which the annual fee shall not exceed $1,950 per
company; and
(3) permitting, monitoring and inspecting hydrocarbon storage
wells
and well systems, for which the annual fee shall not exceed $1,875
per
company.
(g) Prior to any new construction of a confined feeding
facility with
an animal unit capacity of 300 to 999, such facility shall register
with the
secretary of health and environment. Facilities with a capacity
of less than
300 animal units may register with the secretary. Any such
registration
shall be accompanied by a $25 fee. Within 30 days of receipt of
such
registration, the department of health and environment shall
identify any
significant water pollution potential or separation distance
violations pur-
suant to subsection (h). If there is identified a significant water
pollution
potential, such facility shall be required to obtain a permit from
the sec-
retary. If there is no water pollution potential posed by a
facility with an
animal unit capacity of less than 300, the secretary may certify
that no
permit is required. If there is no water pollution potential nor
any viola-
tion of separation distances posed by a facility with an animal
unit capacity
of 300 to 999, the secretary shall certify that no permit is
required and
that there are no certification conditions pertaining to separation
dis-
tances. If a separation distance violation is identified, the
secretary may
reduce the separation distance in accordance with subsection (i)
and shall
certify any such reduction of separation distances.
(h) (1) Any new construction or new expansion of a
confined feeding
facility, other than a confined feeding facility for swine,
shall meet or
exceed the following requirements in separation distances from any
hab-
itable structure in existence when the application for a permit
is submit-
ted:
(1) 1320 (A) 1,320 feet for
facilities with an animal unit capacity of
300 to 999; and
(2) 4000 (B) 4,000 feet for
facilities with an animal unit capacity of
1,000 or more.
(2) A confined feeding facility for swine shall meet or
exceed the fol-
lowing requirements in separation distances from any habitable
structure
or city, county, state or federal park in existence when the
application for
a permit is submitted:
(A) 1,320 feet for facilities with an animal unit capacity
of 300 to 999;
(B) 4,000 feet for facilities with an animal unit capacity
of 1,000 to
3,724;
(C) 4,000 feet for expansion of existing facilities to an
animal unit
capacity of 3,725 or more if such expansion is within the
perimeter from
which separation distances are determined pursuant to subsection
(k) for
the existing facility; and
(D) 5,000 feet for: (i) Construction of new facilities with
an animal
unit capacity of 3,725 or more; or (ii) expansion of existing
facilities to an
animal unit capacity of 3,725 or more if such expansion extends
outside
the perimeter from which separation distances are determined
pursuant
to subsection (k) for the existing facility.
(3) Any construction of new confined feeding facilities for
swine shall
meet or exceed the following requirements in separation
distances from
any wildlife refuge:
(A) 10,000 feet for facilities with an animal unit capacity
of 1,000 to
3,724; and
(B) 16,000 feet for facilities with an animal unit capacity
of 3,725 or
more.
(i) (1) The separation distance requirements of
subsection (h) sub-
sections (h)(1) and (2) shall not apply if such
person newly constructing
or newly expanding a confined feeding facility
the applicant for a permit
obtains a written agreement from all owners of habitable structures
which
are within the separation distance stating such owners are aware of
such
the construction or expansion and have no objections to such
construction
or expansion. The written agreement shall be filed in the register
of deeds
office of the county in which the habitable structure is
located.
(2) (A) The secretary may reduce the
separation distance require-
ments if: (1) of subsection (h)(1) if: (i)
No substantial objection from
owners of habitable structures within the separation distance is
received
in response to public notice; or (2) (ii)
the board of county commissioners
of the county where the confined feeding facility is located
submits a
written request seeking a reduction of separation distances.
(B) The secretary may reduce the separation distance
requirements
of subsection (h)(2)(A) or (B) if: (i) No substantial objection
from owners
of habitable structures within the separation distance is
received in re-
sponse to notice given in accordance with subsection (l); (ii)
the board of
county commissioners of the county where the confined feeding
facility is
located submits a written request seeking a reduction of
separation dis-
tances; or (iii) the secretary determines that technology exists
that meets
or exceeds the effect of the required separation distance and
the facility
will be using such technology.
(C) The secretary may reduce the separation distance
requirements
of subsection (h)(2)(C) or (D) if: (i) No substantial objection
from owners
of habitable structures within the separation distance is
received in re-
sponse to notice given in accordance with subsection (l); or
(ii) the sec-
retary determines that technology exists that meets or exceeds
the effect
of the required separation distance and the facility will be
using such
technology.
(j) (1) The separation distances required pursuant
to subsection
(h)(1) shall not apply to:
(1) (A) Confined feeding facilities
which are were permitted or cer-
tified by the secretary on the effective date of this
act July 1, 1994;
(2) (B) confined feeding facilities
which exist on the effective date of
this act and register existed on July 1, 1994,
and registered with the sec-
retary before July 1, 1996; or
(3) (C) expansion of a confined
feeding facility, including any expan-
sion for which an application is pending on the effective
date of this act,
if: (A) was pending on July 1, 1994, if:
(i) In the case of a facility with an
animal unit capacity of 1,000 or more prior to the
effective date of this
act July 1, 1994, the expansion is located
at a distance not less than the
distance between the facility and the nearest habitable structure
prior to
the expansion; or (B) (ii) in the case of a
facility with an animal unit
capacity of less than 1,000 prior to the effective date of
this act and July
1, 1994, the expansion is located at a distance not less
than the distance
between the facility and the nearest habitable structure prior to
the ex-
pansion and the animal unit capacity of the facility after
expansion does
not exceed 2,000.
(2) The separation distances required pursuant to
subsections
(h)(2)(A) and (B) shall not apply to:
(A) Confined feeding facilities for swine which were
permitted or cer-
tified by the secretary on July 1, 1994;
(B) confined feeding facilities for swine which existed on
July 1, 1994,
and registered with the secretary before July 1, 1996;
or
(C) expansion of a confined feeding facility which existed
on July 1,
1994, if: (i) In the case of a facility with an animal unit
capacity of 1,000
or more prior to July 1, 1994, the expansion is located at a
distance not
less than the distance between the facility and the nearest
habitable struc-
ture prior to the expansion; or (ii) in the case of a facility
with an animal
unit capacity of less than 1,000 prior to July 1, 1994, the
expansion is
located at a distance not less than the distance between the
facility and
the nearest habitable structure prior to the expansion and the
animal unit
capacity of the facility after expansion does not exceed
2,000.
(3) The separation distances required pursuant to
subsections
(h)(2)(C) and (D) and (h)(3) shall not apply to the following,
as deter-
mined in accordance with subsections (a), (e) and (f) of section
2 and
amendments thereto:
(A) Expansion of an existing confined feeding facility for
swine if an
application for such expansion has been received by the
department before
March 1, 1998; and
(B) construction of a new confined feeding facility for
swine if an
application for such facility has been received by the
department before
March 1, 1998.
(k) The separation distances required by this section for
confined
feeding facilities for swine shall be determined from the
exterior perimeter
of any buildings utilized for housing swine, any lots containing
swine, any
swine waste retention lagoons or ponds or other manure or
wastewater
storage structures and any additional areas designated by the
applicant
for future expansion. Such separation distances shall not apply
to offices,
dwellings and feed production facilities of a confined feeding
facility for
swine.
(l) The applicant shall give the notice required by
subsections (i)(2)(B)
and (C) by certified mail, return receipt requested, to all
owners of hab-
itable structures within the separation distance. The applicant
shall sub-
mit to the department evidence, satisfactory to the department,
that such
notice has been given.
(k) (m) All plans and specifications
submitted to the department for
new construction or new expansion of confined feeding facilities
may be,
but are not required to be, prepared by a professional engineer or
a
consultant, as approved by the department. Before
approval by the de-
partment, any consultant preparing such plans and specifications
shall
submit to the department evidence, satisfactory to the
department, of ad-
equate general commercial liability insurance coverage.
New Sec. 2. As used in sections 2 through 22, and
amendments
thereto, except as the context otherwise requires:
(a) ``Application'' means:
(1) The applicable fee, all properly completed and executed
docu-
ments furnished by the department and any additional required
docu-
ments or information necessary for obtaining a permit, including
but not
limited to a registration, construction plans, specifications and
any re-
quired manure management, nutrient utilization, emergency
response,
odor control, facility closure and dead swine handling plans;
or
(2) registration with the department before July 1, 1996,
which has
not been acted on by the department before March 1, 1998.
(b) ``Best available technology for swine facilities'' means
the best
available technology for swine facilities, as determined by the
department
in consultation with Kansas state university, owners and operators
of per-
mitted swine facilities and other appropriate persons, entities and
state
and federal agencies.
(c) ``Best management practices for swine facilities'' means
those
schedules of activities, maintenance procedures and other
management
practices of a swine facility that are designed to minimize or
prevent
pollution of the air, water or soil or to control odor, flies,
rodents and
other pests, as determined by the department in consultation with
Kansas
state university, owners and operators of permitted swine
facilities and
other appropriate persons, entities and state and federal
agencies.
(d) ``Department'' means the department of health and
environment.
(e) ``Existing swine facility'' means any swine facility in
existence and
registered with or permitted by the secretary before the effective
date of
this act.
(f) ``In existence'' means constructed or in place and capable
of con-
fining, feeding and maintaining swine. If the department has taken
final
formal administrative action requiring abandonment of a swine
facility or
cessation of a swine facility operation for reasons other than
separation
distances, the department shall conclude the past facility or
operation was
illegal and not eligible to continue previously legal acts. A
facility for which
the department has taken such an action shall be considered a new
swine
facility for the purpose of separation distance requirements.
(g) ``Permit'' means a water pollution control permit for a
swine fa-
cility pursuant to K.S.A. 65-166a and 65-171d, and amendments
thereto.
(h) ``Secretary'' means the secretary of health and
environment.
(i) ``Significant water pollution potential'' means any
significant po-
tential for pollution of groundwater or surface waters as defined
by rules
and regulations adopted by the secretary.
(j) ``Swine facility'' means a confined feeding facility for
swine.
(k) ``Swine waste management system'' means all constructed,
exca-
vated or natural receptacles used for the collection, conveyance,
storage
or treatment of manure or wastewater, or both, from a swine
facility,
including swine containment buildings.
(l) ``Swine waste retention lagoon or pond'' means an
excavated or
diked structure, or a natural depression, provided for or used by a
swine
facility for the purpose of containing or detaining swine wastes or
other
wastes generated in the production of swine.
New Sec. 3. (a) After receipt of an application for a
permit for con-
struction of a new swine facility or expansion of an existing swine
facility,
the department shall publish in the Kansas register a notice of
receipt of
the application which shall include but not be limited to:
(1) The names and addresses of the operator of the facility
and the
owner of the property where the facility is or will be located;
and
(2) notice of the availability of the document and fact sheet
prepared
pursuant to subsection (b).
(b) After receipt of an application for a permit for
construction of a
new swine facility or expansion of an existing swine facility, the
depart-
ment shall prepare the following, which, at a minimum, shall be
made
available on the internet and shall be available for inspection and
copying,
in accordance with the open records act, at the department's office
in the
district where the swine facility is or will be located:
(1) A document containing all the requirements with which the
swine
facility must comply upon approval by the department and a brief
expla-
nation of the statutory or regulatory provisions on which the
requirements
are based;
(2) any determinations of, and explanations for, departures
from any
requirements otherwise applicable to the facility, including
citations to
the applicable guidelines, development documents or authorities for
the
departures; and
(3) a fact sheet containing the following information required
in the
application:
(A) A detailed description of the location of the facility,
including the
section, township and range, with reference to any applicable
compre-
hensive land use plan or zoning requirements;
(B) a map showing water wells located on the facility's
property, land-
marks in the vicinity and nearby streams and bodies of water;
(C) a description of the facility, including the swine waste
manage-
ment system and facilities and any areas designated by the
applicant for
future expansion as provided for by subsection (k) of K.S.A.
65-171d and
amendments thereto;
(D) a nutrient application plan, if required by section 6,
including
base-line soil tests for a new facility or new field to which
wastes will be
applied, and a crop rotation plan; and
(E) a statement that the applicant will consult with the
county exten-
sion agent or a qualified agronomist or individual trained in crop
protec-
tion to ensure that correct agronomic rates of application are used
and
records of those consultations will be maintained by the
applicant.
(c) The secretary shall establish by rules and regulations the
form of
public notice that is required for receipt of a completed
application for a
permit for construction of a new swine facility or expansion of an
existing
swine facility. Such notice shall be by publication in a newspaper
of gen-
eral circulation in the county where the facility is or will be
located, direct
notification of residents in the vicinity of the facility and
notification of
local government officials.
(d) The public notice required by subsection (c) shall contain
the
following:
(1) The name, address and telephone number of the official at
the
department who is responsible for processing the application and
the
locations where further information and copies of documents can be
re-
viewed, which locations shall be in the county where the facility
is or will
be located;
(2) the names and addresses of the operator of the facility
and the
owner of the property where the facility is or will be located;
(3) a statement of the tentative determination of the
department to
approve the issuance of the permit;
(4) a brief description of the procedures and schedule for
making the
final determination of approval or disapproval;
(5) notice of availability of the document and fact sheet
prepared
pursuant to subsection (b);
(6) a request for public comment on the tentative decision to
approve
the issuance of the permit and the requirements for the facility
described
in the document prepared pursuant to subsection (b)(1); and
(7) a description of the procedures for providing public
comment.
(e) The department shall provide a period of 30 days from the
date
of the public notice required by subsection (c) for submission of
public
comments.
(f) The department, in its discretion, may hold a public
meeting or
hearing within 60 days after the conclusion of the comment period
re-
quired by subsection (e) to receive further public comment if the
de-
partment determines that significant environmental or technical
concerns
or issues have been raised during the comment period. The
department
shall hold a public hearing within 60 days after the conclusion of
the
comment period required by subsection (e) to receive further public
com-
ment if a hearing is requested by any owner of a habitable
structure within
the applicable separation distance. Public meetings and hearings
held
pursuant to this subsection shall address only those matters for
which the
secretary has authority.
(g) The department shall not make a determination to approve
the
issuance of a permit until completion of the procedures required by
this
section. The department may disapprove at any time the issuance of
a
permit without completing the procedures required by this
section.
(h) The department shall make the determination to approve or
dis-
approve the issuance of a permit not later than 180 days after the
com-
pleted application is filed with the department.
(i) An operator of a swine facility shall submit a
registration or appli-
cation to the department before initiating construction or
operation of
either a swine facility or a swine waste management system. When
the
department finds no permit is required, construction or operation
of the
swine facility may be initiated upon issuance, by the department,
of a
certification. When the department determines a permit or permit
mod-
ification is required for the swine facility, construction may be
initiated
upon approval of the application, construction plans,
specifications and
swine waste management plan. Operation and stocking of a swine
facility
for which a permit is required shall not be initiated until the
department
issues the permit. An operator of a swine facility for which a
permit mod-
ification is required because of a proposed facility expansion
shall not
increase the number of swine at the facility beyond that authorized
by
the permit until the department issues the modified permit.
New Sec. 4. (a) The department shall not approve a permit
for con-
struction of a new swine facility or expansion of an existing swine
facility
unless the swine waste management system for the facility:
(1) Is located in such a manner as to prevent impairment of
surface
waters and groundwaters, except where consistent with the
requirements
of this section;
(2) is located outside any 100-year flood plain unless
procedures and
precautions are employed to flood-proof the facilities;
(3) except as provided by subsection (c), is located: (A) Not
less than
500 feet from any surface water if the facility has an animal unit
capacity
of 3,725 or more; (B) not less than 250 feet from any surface water
if the
facility has an animal unit capacity of 1,000 to 3,724; or (C) not
less than
100 feet from any surface water if the facility has an animal unit
capacity
of under 1,000;
(4) except as provided by subsection (d), is located not less
than 250
feet from any private drinking water well that is in active use;
and
(5) is located not less than 1,000 feet from any publicly
owned drink-
ing water well that is in active use.
(b) The separation distances required pursuant to subsection
(a) shall
not apply to:
(1) Any swine facility that, on the effective date of this
act, holds a
valid permit issued by the secretary;
(2) swine facilities for which an application has been
received before
the effective date of this act; or
(3) expansion of a swine facility if an application for the
expansion
has been received before the effective date of this act.
(c) The separation distances required by subsection (a)(3)
shall not
apply to any freshwater reservoir or farm pond that is privately
owned if
complete ownership of land bordering the reservoir or pond is
under
common private ownership. Such separation distances shall apply to
any
waters that flow from such reservoir or pond. The secretary shall
have
the authority provided by subsections (d) and (e) of K.S.A. 65-171d
and
amendments thereto with respect to any such reservoir or pond as
nec-
essary to protect the public health, the soils or waters of the
state and
wildlife.
(d) The separation distance required by subsection (a)(4)
shall not
apply to any private drinking water well that is located within the
perim-
eter from which separation distances are determined pursuant to
subsec-
tion (k) of K.S.A. 65-171d and amendments thereto but, if the
facility has
an animal unit capacity of 3,725 or more, the facility operator
shall test
waters from such well and annually report the test results to the
depart-
ment.
New Sec. 5. (a) Each applicant for a permit for
construction of a new
swine facility having an animal unit capacity of 1,000 or more or
expansion
of an existing swine facility to an animal unit capacity of 1,000
or more
shall submit with the application for a permit a manure management
plan
and shall comply with the plan when the permit is issued by the
depart-
ment.
(b) Each existing swine facility that has an animal unit
capacity of
1,000 or more on the effective date of this act shall submit to the
de-
partment, within six months after the rules and regulations
implementing
this act are adopted, a manure management plan for approval by
the
department and shall comply with the plan as soon thereafter as
practi-
cable.
(c) Each manure management plan required by this section shall
de-
scribe the methods for, and account for, the disposal of all manure
and
wastewater generated by the swine facility. If the methods of
disposal of
the manure or wastewater include land application, the facility
also shall
prepare a nutrient utilization plan, as required by subsection (b)
of section
6, and amendments thereto.
(d) Each swine facility that is required by this section to
have a ma-
nure management plan shall amend such plan whenever warranted
by
changes in the facility or in other conditions affecting the
facility.
(e) The secretary shall establish by rules and regulations the
circum-
stances under which amendments to manure management plans must
be
submitted to the department for the department's approval.
(f) Each swine facility that is required by this section to
have a manure
management plan shall maintain such plan in accordance with section
9,
and amendments thereto.
(g) As a condition of approval of any permit for a swine
facility that
is required by this section to have a manure management plan, the
de-
partment shall require that, if the operator of the facility does
not own
the swine at the facility, the operator shall execute with the
owner of the
swine a contract that specifies responsibility for management of
the ma-
nure and wastewater generated at the facility.
(h) If a swine facility is required by this section to have a
manure
management plan and such facility generates manure or wastewater,
or
both, that is sold or given to a person who is not employed by the
facility
and is to be disposed of by means other than land application on
areas
covered by the facility's nutrient utilization plan, the department
shall
require that:
(1) The facility shall maintain a log of removal of the manure
or waste-
water from the facility and such log shall contain the
following:
(A) The name and address of each person to whom the manure
or
wastewater is sold or given and of each hauler of the manure or
waste-
water;
(B) the date of the removal of the manure or wastewater;
and
(C) the volume of the removed manure or wastewater; and
(2) the facility shall provide to the hauler of the removed
manure or
wastewater the most recent manure nutrient analysis conducted
pursuant
to subsection (c) of section 6 and amendments thereto, if the
removed
manure or wastewater are to be land applied.
(i) (1) Except as provided by subsection (i)(5), if a
swine waste re-
tention lagoon or pond is utilized by a swine facility that has an
animal
unit capacity of 3,725 or more and is located where the groundwater
is
at a depth of 25 feet or less from the underneath side of the liner
of the
lagoon or pond:
(A) The sides and bottom of such lagoon or pond shall be lined
with:
(i) A compacted soil liner with a minimum depth of one foot
and
maximum seepage rate of 1/8 inch per day; or
(ii) an impermeable liner on top of a compacted soil liner
with a
minimum depth of one foot and maximum seepage rate of 1/4 inch
per
day; and
(B) the facility operator shall be required to install not
fewer than
one upstream and two downstream groundwater monitoring wells
for
each such single cell lagoon or pond and for the primary cell of
each such
multiple cell lagoon or pond, or employ equivalent technology, as
pro-
vided by rules and regulations of the secretary.
(2) Except as provided by subsections (i)(3),(4) and (5), if a
swine
waste retention lagoon or pond is utilized by a swine facility that
has an
animal unit capacity of 3,725 or more and is located where the
ground-
water is at a depth of more than 25 feet from the underneath side
of the
liner of the lagoon or pond, the sides and bottom of such lagoon or
pond
shall be lined with:
(A) A compacted soil liner with a minimum depth of one foot
and
maximum seepage rate of 1/8 inch per day; or
(B) an impermeable liner on top of a compacted soil liner with
a
minimum depth of one foot and maximum seepage rate of 1/4 inch
per
day.
(3) If the compacted soil liner requirements of subsection
(i)(2) can-
not be met for one or more waste retention lagoons or ponds to
which
such subsection applies:
(A) The sides and bottom of such lagoons or ponds shall be
lined with
an impermeable liner on top of a soil liner compacted to the extent
pos-
sible; and
(B) if the groundwater is at a depth of 150 feet or less from
the
surface of the land at the place where such lagoons or ponds are
located,
the facility operator shall be required to install not fewer than
one up-
stream and two downstream groundwater monitoring wells for each
such
single cell lagoon or pond and for the primary cell of each such
multiple
cell lagoon or pond, or employ equivalent technology, as provided
by rules
and regulations of the secretary.
(4) Any swine waste retention lagoons or ponds existing on the
effec-
tive date of this act and utilized by a swine facility that has an
animal unit
capacity of 3,725 or more shall not be required to meet the
requirements
of subsection (i)(1), (2) or (3) but the facility operator shall be
required
to install, before January 1, 2000, not fewer than one upstream and
two
downstream groundwater monitoring wells for each such single cell
la-
goon or pond and for the primary cell of each such multiple cell
lagoon
or pond, or employ equivalent technology, as provided by rules and
reg-
ulations of the secretary, if the groundwater is at a depth of 150
feet or
less from the surface of the land at the place where such lagoons
or ponds
are located unless: (A) The groundwater is at a depth of more than
25
feet from the underneath side of the liner of the lagoons or ponds;
and
(B) the facility operator submits to the department engineering or
field
data that proves compliance with the requirements of subsection
(i)(2).
(5) On or after January 1, 2000, if the secretary determines,
based on
scientific evidence, that the standards imposed by subsections
(i)(1), (2),
(3) and (4) are not required to protect the groundwater, the
secretary
may increase the animal unit capacity at which such standards
apply.
(j) The secretary may require installation and sampling of
ground-
water monitoring wells in the vicinity of any swine waste retention
lagoon
or pond when the secretary determines necessary, or the secretary
may
allow the use of equivalent technology, as provided by rules and
regula-
tions of the secretary. The locations and design of such monitoring
wells
shall be subject to approval by the secretary.
(k) The secretary may require, as a condition of issuance or
renewal
of a permit for a swine facility having an animal unit capacity of
1,000 or
more, that trees be planted as vegetative screening to control
odor.
(l) The secretary may adopt by rules and regulations such
additional
standards for location and construction of swine waste retention
lagoons
and ponds utilized by swine facilities having an animal unit
capacity of
1,000 or more as the secretary determines necessary to protect the
waters
and soils of the state and the public health.
(m) Before issuing any permit for a swine facility that will
utilize a
swine waste retention lagoon or pond or approving any plans for a
swine
waste retention lagoon or pond, the department shall make a
determi-
nation, after consultation with the state corporation commission,
that
there is no unplugged oil or gas well at the planned location of
such lagoon
or pond. If, during construction of any swine waste retention
lagoon or
pond, an unplugged well is discovered at the location of such
lagoon or
pond, the facility owner and the facility operator shall have the
duty to
report the discovery to the department immediately.
New Sec. 6. (a) The department of health and environment
shall not
issue or renew a permit for any swine facility that has an animal
unit
capacity of 1,000 or more and that applies manure or wastewater to
land
unless:
(1) The land application process complies with the
applicable
requirements of this section; and
(2) the nutrient utilization plan required by this section is
approved
by the secretary of agriculture.
(b) (1) If the manure management plan prepared pursuant
to section
5 and amendments thereto provides for land application of manure
or
wastewater:
(A) The applicant for a permit for construction of a new swine
facility
or for expansion of an existing swine facility shall submit with
the appli-
cation for a permit a nutrient utilization plan on a form
prescribed by the
secretary of agriculture and shall comply with the plan when the
permit
is issued by the department of health and environment; and
(B) the operator of an existing swine facility shall submit to
the de-
partment of health and environment, within six months after the
rules
and regulations implementing this act are adopted, a nutrient
utilization
plan on a form prescribed by the secretary of agriculture, for
approval by
the secretary of agriculture, and shall comply with the plan by a
date
established by the secretary of agriculture.
(2) Each nutrient utilization plan shall address site-specific
conditions
for land application of manure, wastewater and other nutrient
sources,
comply with the requirements of this section and contain, at
minimum,
the following:
(A) A site map of all land application areas, including
section, town-
ship and range;
(B) crop rotations on the land application areas;
(C) annual records of soil tests, manure nutrient analyses,
and cal-
culations required by subsection (c);
(D) nutrient budgets for the land application areas;
(E) rates, methods, frequency and timing of application of
manure,
wastewater and other nutrient sources to the land application
areas;
(F) the amounts of nitrogen and phosphorus applied to the land
ap-
plication areas;
(G) precipitation records and the amounts of irrigation and
other wa-
ter applied;
(H) records of inspections and preventive maintenance of
equipment
required by subsection (f)(6);
(I) copies of all landowner agreements for land that is not
owned by
the swine facility and is scheduled to receive manure or
wastewater;
(J) names of employees and contractors whom the operator of
the
swine facility has identified pursuant to subsection (f)(7) to
supervise the
process of transferring manure or wastewater to land application
equip-
ment and the process of land application;
(K) records of training of all personnel who supervise and
conduct
the land application of manure or wastewater, as required by
subsection
(f)(7); and
(L) any other information required by the secretary of
agriculture to
facilitate approval.
(3) (A) A swine facility that is required to have a
nutrient utilization
plan shall amend such plan whenever warranted by changes in the
facility,
soil test results or other conditions affecting the facility.
(B) Amendments to the nutrient utilization plan must be
approved
by the secretary of agriculture.
(4) A swine facility that is required to have a nutrient
utilization plan
shall maintain such plan in accordance with section 9 and
amendments
thereto.
(c) (1) Each swine facility that has a manure management
plan that
includes land application of manure or wastewater shall:
(A) Conduct soil tests, including but not limited to tests for
nitrogen,
phosphate, chloride, copper and zinc, on the land application areas
prior
to preparation of the nutrient utilization plan and at least
annually there-
after, or as often as required by best available soil science and
standards
relative to the soils of, and crops to be grown on, the land
application
areas or as required by the secretary of agriculture; and
(B) include the results of such tests in its nutrient
utilization plan.
(2) Each swine facility that has a manure management plan that
in-
cludes land application of manure or wastewater or sells or gives
manure
or wastewater to third persons pursuant to subsection (h) of
section 5 and
amendments thereto shall:
(A) Conduct manure nutrient analyses of its manure and
wastewater
prior to preparation of its nutrient utilization plan and at least
every two
years thereafter; and
(B) include the results of such analyses in its nutrient
utilization plan.
(3) Each swine facility that has a manure management plan that
in-
cludes land application of manure or wastewater shall:
(A) Compare the manure nutrient analyses required by
subsection
(c)(2) with the soil tests required by subsection (c)(1) to
calculate needed
fertility and application rates for pasture production and crop
target yields
on the land application areas prior to the preparation of the
nutrient
utilization plan and each time thereafter when new soil tests or
manure
nutrient analyses are conducted; and
(B) include such calculations in the nutrient utilization
plan.
(d) If a swine facility is required to have a nutrient
utilization plan
and finds that the soil tests required pursuant to this act
indicate that the
phosphorus holding capacity for any soils in the facility's land
application
areas may be exceeded within five years, the facility shall
promptly initiate
the process to obtain access to the additional land application
areas
needed, or make other adjustments, to achieve the capability to
apply
manure or wastewater at appropriate agronomic rates.
(e) The department of agriculture may require a swine facility
that is
required to have a nutrient utilization plan to apply manure or
wastewater
on all or a portion of the facility's land application areas at a
rate within
the agronomic phosphorus needs of the crops or pasture, or the soil
phos-
phorus holding capacity, in less than the time originally allowed
in the
approved nutrient utilization plan if the department of agriculture
finds
that the land application actions of the facility are contributing
to the
impairment of groundwater or surface water.
(f) (1) Each swine facility that is required to have a
nutrient utiliza-
tion plan shall include in such plan, and thereafter comply with,
the
requirements that manure or wastewater shall not be applied on
bare
ground by any process, other than incorporation into the soil
during the
same day, within 1,000 feet of any habitable structure, wildlife
refuge or
city, county, state or federal park, unless:
(A) The manure or wastewater has been subjected to physical,
bio-
logical or biochemical treatment or other treatment method for odor
re-
duction approved by the department of health and environment;
(B) the manure or wastewater is applied with innovative
treatment
or application that is best available technology for swine
facilities and best
management practices for swine facilities or other technology
approved
by the department of health and environment; or
(C) the owner of the habitable structure has provided a
written waiver
to the facility.
(2) The separation distance requirements of subsection (f)(1)
shall
not apply to any structure constructed or park designated as a
city, county,
state or federal park after the effective date of this act, for
swine facilities
in existence on the effective date of this act, or any structure
constructed
or park designated as a city, county, state or federal park after
submission
of an application for a permit for a new swine facility or
expansion of an
existing swine facility.
(3) Swine facilities that are required to have a nutrient
utilization plan
shall not apply manure or wastewater:
(A) To lands classified as highly erodible according to the
conserva-
tion compliance provisions of the federal food security act of
1985, as in
effect on the effective date of this act, and classified as highly
erodible
on the basis of erosion resulting from water runoff, except where
soil
conservation practices to control erosion and runoff in compliance
with
the requirements of this section are identified in the facility's
nutrient
utilization plan and are followed by the facility;
(B) during rain storms, except where soil conservation
practices to
control erosion and runoff in compliance with the requirements of
this
section are identified in the facility's nutrient utilization plan
and are
followed by the facility;
(C) to frozen or saturated soil, except where soil
conservation prac-
tices to control runoff in compliance with the requirements of this
section
are identified in the facility's nutrient utilization plan and are
followed by
the facility; and
(D) to any areas to which the separation distance requirements
of
subsection (f) apply.
(4) Swine facilities that are required to have a nutrient
utilization plan
shall follow procedures and precautions in the land application of
manure
or wastewater to prevent discharge of manure or wastewater to
surface
water and groundwater due to excess infiltration, penetration of
drainage
tile lines, introduction into tile inlets or surface runoff,
including appro-
priate soil conservation practices to protect surface water from
runoff
carrying eroded soil and manure particles.
(5) Swine facilities that are required to have a nutrient
utilization plan
and that conduct wastewater irrigation shall:
(A) Employ measures to irrigate under conditions that
reasonably
prevent surface runoff; and
(B) use reasonable procedures and precautions to avoid spray
drift
from the land to which it is applied.
(6) Each swine facility that is required to have a nutrient
utilization
plan and that land applies manure or wastewater shall ensure that
any
equipment used in the land application process is properly
maintained
and calibrated and monitor the use of the equipment so that any
mal-
function that develops during the land application process is
detected and
the process ceases until the malfunction is corrected.
(7) The operator of each swine facility that is required to
have a nu-
trient utilization plan and that land applies manure or wastewater
shall:
(A) Identify, train and keep current the training of each
employee
and contractor who supervises the transfer of manure or wastewater
to
land application equipment and the conducting of land application
activ-
ities; and
(B) train, and keep current the training of, all employees and
con-
tractors who conduct land application activities.
(g) Each swine facility that is required to have a nutrient
utilization
plan shall amend such plan whenever warranted by changes in
conditions.
The operator of the facility shall file such plan and any
amendments to
such plan with the department of health and environment and the
de-
partment shall forward such plan and any amendments to the
secretary
of agriculture.
(h) The secretary of agriculture shall make a determination to
ap-
prove or disapprove a nutrient utilization plan not later than 45
days after
the plan is received from the department of health and
environment.
New Sec. 7. The secretary shall adopt rules and
regulations estab-
lishing:
(a) Standards for training and certifying, and for periodic
continuing
education or recertification of, swine facility operators
maintaining or su-
pervising the swine waste management system of a swine facility
that is
required to have a permit; and
(b) procedures for notifying the department of failure of a
swine
waste retention lagoon or pond or any unplanned release of animal
waste
by a swine facility.
New Sec. 8. (a) The secretary shall establish by rules
and regulations
the circumstances under which a permitted swine facility shall be
re-
quired to develop an emergency response plan.
(b) Each swine facility that is required to submit an
emergency re-
sponse plan shall maintain such plan:
(1) In a location at the facility that is readily accessible
to all employ-
ees or contractors who are responsible for implementing the plan;
and
(2) as otherwise required in section 9 and amendments
thereto.
(c) The operator of each swine facility that is required to
submit an
emergency response plan shall train, and keep current the training
of, the
employees and contractors who are responsible for implementing
such
plan.
(d) Each swine facility that is required to submit an
emergency re-
sponse plan shall amend such plan whenever warranted by changes in
the
facility or in other conditions affecting the facility.
New Sec. 9. (a) Each swine facility that is required to
have a permit
shall keep all records and plans required by this act at the
facility's site
office in a manner that is accessible to inspection by authorized
repre-
sentatives of the department pursuant to section 14 and
amendments
thereto.
(b) Each swine facility that is required to have a permit
shall retain
at the location required in subsection (a) the current and previous
three
years' versions of the records and plans required by this act.
New Sec. 10. (a) (1) As a condition of issuance of a
permit for a swine
facility that has an animal unit capacity of 1,000 or more, the
operator of
the facility shall be certified by the department, or by a third
party ap-
proved by the department, as to the operator's knowledge of:
(A) Management of manure and wastewater;
(B) nutrient utilization planning and implementation;
(C) emergency response planning and implementation, if
required;
and
(D) the other requirements of this act.
(2) If the department has not established or sanctioned an
operator
certification program at the time that a swine facility applies for
a permit,
or if a vacancy occurs in a certified operator position, the
department may
issue a permit for the facility without the operator certificate,
and the
operator shall complete the certification program within six months
after
it is established or sanctioned.
(b) The operator of each swine facility shall be responsible
for the
training of employees or contractors required by subsection
(f)(7)(A) of
section 6 and amendments thereto (supervisors of land application),
sub-
section (f)(7)(B) of section 6 and amendments thereto (persons who
con-
duct land application) and subsection (c) of section 8 and
amendments
thereto (persons responsible for implementing the emergency
response
plan).
New Sec. 11. (a) As a condition of issuance of a permit
for a swine
facility, the department shall require the applicant to submit a
plan, ap-
proved by the department, for odor control if the application is
for:
(1) A permit for construction or expansion of a swine facility
that has
an animal unit capacity of 1,000 or more;
(2) a permit for expansion of a swine facility to an animal
unit capacity
of 1,000 or more; or
(3) renewal of a permit for a swine facility that has an
animal unit
capacity of 1,000 or more.
(b) Each swine facility that is required to submit an odor
control plan
shall amend such plan whenever warranted by changes in the facility
or
in other conditions affecting the facility.
(c) In promulgating rules and regulations governing odor
control
plans, the secretary shall take into consideration different sizes
of facilities
and other relevant factors.
New Sec. 12. (a) As a condition of issuance of a permit
for a swine
facility, the department shall require the applicant to submit a
plan, ap-
proved by the department, for closure of the facility if the
application is
for:
(1) A permit for construction or expansion of a swine facility
that has
an animal unit capacity of 3,725 or more;
(2) a permit for expansion of a swine facility to an animal
unit capacity
of 3,725 or more; or
(3) renewal of a permit for a swine facility that has an
animal unit
capacity of 3,725 or more.
(b) The operator of each swine facility that has a capacity of
3,725
animal units or more shall demonstrate annually to the department
evi-
dence, satisfactory to the department, that the operator has
financial abil-
ity to cover the cost of closure of the facility as required by the
depart-
ment.
(c) Each swine facility that is required to submit a facility
closure plan
shall amend such plan whenever warranted by changes in the facility
or
in other conditions affecting the facility.
New Sec. 13. (a) (1) Each swine facility that has an
animal unit ca-
pacity of 3,725 or more and has a swine waste retention lagoon or
pond
shall maintain the facility at all times until it is certified to
comply fully
with the closure requirements of this subsection (a).
(2) (A) Any swine facility that has an animal unit
capacity of 3,725 or
more and ceases to operate shall close any swine waste retention
lagoon
or pond of the facility in accordance with the requirements of this
sub-
section (a).
(B) Any swine facility that has an animal unit capacity of
3,725 or
more and has a swine waste retention lagoon or pond that has not
received
manure or wastewater from the facility for a period of 12
consecutive
months shall close the facility in accordance with the requirements
of this
subsection (a), unless:
(i) The facility continues to operate;
(ii) the facility intends to restore use of the lagoon or pond
at a later
date; and
(iii) the facility maintains the lagoon or pond as though it
were ac-
tively used, adding fresh water to replace water lost to
evaporation and
preventing loss or compromise of structural integrity or removes
and dis-
poses of all manure and wastewater in accordance with the
requirements
of this act and refills the lagoon or pond with clean water to
preserve the
integrity of the synthetic or earthen liner.
(C) Any swine facility that has an animal unit capacity of
3,725 or
more and chooses not to close a swine waste retention lagoon or
pond
pursuant to subsection (a)(2)(B) shall:
(i) Notify the department of the decision and the actions
taken to
comply with the requirements of subsection (a)(2)(B);
(ii) conduct routine inspections, maintenance and record
keeping as
though the facility were in use; and
(iii) prior to restoration of use of the lagoon or pond,
notify the de-
partment and provide the department with the opportunity to inspect
the
facility to ensure that it complies with the requirements of
section 4 and
amendments thereto.
(3) To close a swine waste retention lagoon or pond, a swine
facility
that has an animal unit capacity of 3,725 or more shall remove all
manure
and wastewater, as well as all associated appurtenances and
conveyance
structures, from the lagoon or pond and dispose of the manure or
waste-
water in accordance with the requirements of this act or, if the
facility
requests, as determined otherwise by the department.
(4) The secretary shall adopt rules and regulations
establishing stan-
dards and procedures for demolition of any swine waste retention
lagoon
or pond, or conversion of the lagoon or pond to another use (such
as a
farm pond), as a condition of closure for a swine facility that has
an animal
unit capacity of 3,725 or more.
(5) Upon notification to the department by a swine facility
having an
animal unit capacity of 3,725 or more that a swine waste retention
lagoon
or pond utilized by the facility has been closed, the department
shall
inspect the lagoon or pond and certify whether the closure complies
with
the requirements of this subsection (a).
(6) The secretary shall establish, by rules and regulations,
standard
maximum periods for completion of all closure activities for swine
waste
retention lagoons and ponds utilized by swine facilities having an
animal
unit capacity of 3,725 or more from the date of cessation of
operation of
the lagoon or pond to the date of compliance with all closure
require-
ments of this subsection (a).
(b) When a swine facility having an animal unit capacity of
3,725 or
more ceases to operate, it shall close all other manure and
wastewater
storage facilities to which subsection (a) does not apply removing
all ma-
nure and wastewater from the manure and wastewater storage facility
and
disposing of the manure and wastewater in accordance with the
require-
ments of this act or, if the operator of the swine facility
requests, as
determined otherwise by the department.
(c) On and after July 1, 2000, the operator of each swine
facility that
has a capacity of 3,725 animal units or more and has a swine waste
re-
tention lagoon or pond shall demonstrate to the department,
annually at
a time specified by the department, evidence, satisfactory to the
depart-
ment, that the operator has financial ability to cover the cost of
closure
of the lagoon or pond as required by the department.
New Sec. 14. (a) The department shall conduct periodic
inspections
of, and review the records of, each permitted swine facility as
follows:
(1) For any facility identified as having a specific water
pollution
problem, every 6 months;
(2) for any facility not identified as having a specific water
pollution
problem:
(A) Every 12 months, if the facility has a capacity of 3,725
or more
animal units;
(B) every 24 months, if the facility has a capacity of 1,000
to 3,724
animal units; and
(C) at least once during the term of the facility's permit, if
the facility
has a capacity of 300 to 999 animal units.
(b) Each permitted swine facility shall grant access to the
facility at
reasonable times, with appropriate safeguards for protection of
animal
health, for authorized representatives of the department to conduct
in-
spections required by subsection (a).
(c) If any authorized representative of the department
requires access
to a swine containment building or facility during the course of
any in-
spection required by subsection (a) or at any other time, the
represen-
tative shall comply with the animal health protocol of the facility
for entry
into the building or facility unless the protocol inhibits
reasonable access.
(d) No swine facility shall be assessed the cost of any
inspection re-
quired by subsection (a) either directly at the time of the
inspection or
indirectly at the time of issuance of a permit for the facility,
except that
such cost may be assessed for any inspection associated with:
(1) An emergency that results in the discharge of manure or
waste-
water to surface water or groundwater; or
(2) a swine facility that engages in a course of conduct that
results in
repeated, material violations of this act.
(e) The secretary may contract with persons or entities to
conduct
inspections and review of records as required by this act.
New Sec. 15. When a swine facility exists prior to the
construction
of a habitable structure or designation of a park as a city,
county, state or
federal park that would otherwise be located within the separation
dis-
tance for a waste retention lagoon or pond or the separation
distance for
land on which manure or wastewater from the facility has been or is
being
applied, the separation distance requirement shall not apply to
such struc-
ture or park since the owner of such structure or park is expected
to know
and understand that such structure or park, if located in that
location, will
be subject to agricultural sights, sounds, odors and other
characteristics
of farming from the preexisting swine facility.
New Sec. 16. (a) The secretary may deny an application
for any per-
mit, whether new or a renewal, for a swine facility and, upon
notice and
opportunity for hearing in accordance with the Kansas
administrative pro-
cedure act, may suspend or revoke any permit for a swine facility,
if the
secretary finds that the applicant, or any officer, director,
partner or res-
ident manager of the applicant has:
(1) Intentionally misrepresented a material fact in applying
for any
permit;
(2) habitually or intentionally violated environmental laws of
this or
any other state or of the United States and the violations have
caused
significant and material environmental damage; or
(3) had any permit revoked under the environmental laws of
this or
any other state or of the United States.
(b) Failure of the operator of a swine confined feeding
facility to
implement any required manure management, emergency response,
odor
control, facility closure or dead swine handling plan:
(1) May render the operator liable for a civil penalty
pursuant to
K.S.A. 65-170d and amendments thereto; and
(2) upon notice and opportunity for hearing in accordance with
the
Kansas administrative procedure act, shall be grounds for the
secretary
to suspend the permit for such facility.
New Sec. 17. (a) Every swine facility that has a capacity
of 1,000 or
more animal units shall file with the department a plan for the
handling
of dead swine. The secretary shall adopt rules and regulations
establishing
minimum standards, including requirements that:
(1) No dead swine shall be left where visible from municipal
roads
or habitable structures;
(2) before disposal, all dead swine shall be kept within the
perimeter
from which separation distances are determined pursuant to
subsection
(k) of K.S.A. 65-171d and amendments thereto unless otherwise
approved
by the department; and
(3) carcasses shall be picked up within 48 hours under normal
cir-
cumstances.
(b) Each swine facility that is required to submit a plan for
handling
dead swine shall amend such plan whenever warranted by changes in
the
facility or in other conditions affecting the facility.
New Sec. 18. A qualified swine facility, as defined by
section 28, that
expands to an animal unit capacity of 3,725 or more shall be
subject to
the provisions of this act applicable to a swine facility having an
animal
unit capacity of 1,000 to 3,724 if:
(a) The department determines that the swine waste
management
system of such facility on the effective date of this act has the
capacity to
accommodate the expanded capacity;
(b) the expansion is located within the perimeter from which
sepa-
ration distances are determined pursuant to subsection (k) of
K.S.A. 65-
171d and amendments thereto or the written agreements required
by
subsection (i)(1) of K.S.A. 65-171d and amendments thereto are
obtained;
and
(c) the expansion does not exceed the lesser of:
(1) An animal unit capacity that is 1/3 greater than the
capacity of
such facility on the effective date of this act; or
(2) an animal unit capacity of 4,499.
New Sec. 19. (a) Kansas state university shall cooperate
with the de-
partment, other agencies and owners and operators of swine
facilities to
determine best available technology and best management
practices.
(b) Within the limitations of appropriations therefor and for
the pur-
pose of identifying potential risk of groundwater contamination by
swine
waste retention lagoons or ponds or land application of swine
waste, Kan-
sas state university, as a part of its current evaluation of
lagoons and ponds
for containment of animal waste, shall conduct nutrient management
test-
ing of land where swine waste is applied, including deep soil
sampling in
areas where land application of swine waste is conducted and in
adjacent
areas where such waste is not applied. Kansas state university,
until com-
pletion of the evaluation, shall submit preliminary reports
regarding such
evaluation on or before the first day of each regular legislative
session
and, upon completion of the evaluation, shall submit a final report
of the
evaluation on or before the final day of the next regular
legislative session.
Each such report shall be submitted to the governor, the senate and
house
standing committees on agriculture, the senate standing committee
on
energy and natural resources and the house standing committee on
en-
vironment.
New Sec. 20. (a) The express adoption or authorization of
standards
and requirements for swine facilities by this act shall not be
construed to
prohibit or limit in any manner the secretary's authority to adopt
and
enforce rules and regulations establishing:
(1) Standards and requirements for swine facilities that are
in addi-
tion to or more stringent than those provided by this act if the
secretary
determines necessary for the purposes provided by K.S.A. 65-171d
and
amendments thereto; and
(2) standards and requirements for swine facilities that exist
on the
effective date of this act and that are not subject to the
standards and
requirements provided by this act.
(b) Nothing in this act shall be construed to exempt any
person or
entity from or preempt or in any way excuse or waive any obligation
to
comply with the provisions of the Kansas chemigation safety law
(K.S.A.
2-3301 et seq. and amendments thereto), K.S.A. 24-126 and
amendments
thereto (relating to levees), K.S.A. 82a-301 et seq. and
amendments
thereto (relating to stream obstructions), the Kansas water
appropriation
act (K.S.A. 82a-701 et seq. and amendments thereto) or any
other statute
or rule and regulation except as specifically provided by this
act.
(c) The provisions of this act applicable to new construction
or ex-
pansion of swine facilities shall apply to all facilities for which
an appli-
cation for new construction or expansion is received by the
department
on or after March 1, 1998, and such facilities shall be required to
comply
with the standards and requirements imposed pursuant to this act at
the
time the permit for new construction or expansion is granted or, if
rules
and regulations must be adopted in order to implement any such
standard
or requirement, such facilities shall be required to comply with
such stan-
dard or requirement within 180 days after adoption of such rules
and
regulations.
New Sec. 21. The secretary of health and environment,
pursuant to
K.S.A. 75-5616 and amendments thereto, shall appoint an advisory
com-
mittee to consult with and advise the secretary on the
implementation
and administration of the provisions of K.S.A. 65-171d and sections
2
through 20, and amendments thereto, with respect to swine
facilities. The
advisory committee shall consist of five members who represent
persons
knowledgeable and experienced in areas related to regulation of
swine
facilities, including but not limited to owners and operators of
swine fa-
cilities, Kansas state university extension services and
professional engi-
neers.
New Sec. 22. (a) Before January 1, 1999, the secretary
shall adopt
such rules and regulations as necessary to implement, administer
and
enforce the provisions of this act.
(b) On or before the first day of the 1999 and 2000 regular
legislative
sessions, the secretary shall submit a report regarding
implementation of
the provisions of K.S.A. 65-171d and sections 2 through 20, and
amend-
ments thereto, to the house and senate standing committees on
agricul-
ture, the senate standing committee on energy and natural resources
and
the house standing committee on environment.
Sec. 23. K.S.A. 2-3302 is hereby amended to read as
follows: 2-3302.
As used in this act the Kansas chemigation
safety law:
(a) ``Chemigation'' means any process whereby pesticides,
fertilizers
or other chemicals or animal wastes are added to irrigation water
applied
to land or crops, or both, through an irrigation distribution
system.
(b) ``Board'' means the state board
secretary of agriculture.
(c) ``Secretary'' means the secretary of the state
board of agriculture.
(d) ``Operating chemigation equipment'' for the purposes of
this act
shall include, but not be limited to:
(1) Preparing solution and filling the chemical supply
container;
(2) calibrating of injection equipment;
(3) starting and stopping equipment when injection of
chemicals is
involved; and
(4) supervision of the chemigation equipment to assure its
safe op-
eration.
(e) ``Anti-pollution devices'' means mechanical equipment used
to re-
duce hazard to the environment in cases of malfunction of the
equipment
during chemigation and includes but is not limited to interlock,
waterline
check valve, chemical line closure device, vacuum relief device and
au-
tomatic low pressure drain.
(f) ``Supervision'' means the attention given to the
chemigating sys-
tem during its operation when chemicals are being applied.
(g) ``Direct supervision'' means supervision with ability to
change the
procedures.
(h) ``Irrigation distribution system'' means any device or
combination
of devices having a hose, pipe or other conduit which connects
directly
to any source of ground or surface water, through which water or a
mix-
ture of water and chemicals is drawn and applied to land. The term
does
not include any handheld hose sprayer or other similar device which
is
constructed so that an interruption in water flow automatically
prevents
any backflow to the water source. For the purpose of this act it
does not
include greenhouse irrigation or residence yards. Animal waste
lagoons
are not to be considered water sources.
(i) ``Calibration device'' means equipment of sufficient
accuracy to
determine the rate of chemical application.
(j) ``Point of diversion'' means:
(1) The point where the longitudinal axis of the dam crosses
the cen-
ter line of the stream in the case of a reservoir; or
(2) the location of the headgate or intake in the case of a
direct di-
version from a river, stream or other watercourse; or
(3) the location of a well in the case of groundwater
diversion.
(k) ``Agronomic application rates'' means the method and
amount of
swine waste defined by the secretary that in the secretary's
discretion best
protects the environment, including consideration of the crops
or soil to
which swine waste may be applied and the economic impact
associated
with any application of swine waste.
(l) ``Chemicals'' shall include nutrients or the chemical
composition
of animal waste.
New Sec. 24. (a) Regardless of whether irrigation water
is added,
whenever swine waste is applied to crops or land, the secretary is
au-
thorized to investigate, inspect or conduct any manner of
examination or
review of the application of swine waste. No swine waste shall be
applied
to crops or land in excess of agronomic application rates.
(b) The secretary shall review and approve all nutrient
utilization
plans that provide for the application of swine waste to crops or
land and
that are submitted by swine confined feeding facilities pursuant to
section
6 and amendments thereto if the plans demonstrate that swine waste
will
be applied pursuant to agronomic application rates. Nutrient
utilization
plans shall be submitted in the form required by the secretary. The
sec-
retary shall notify the secretary of health and environment when a
nutri-
ent utilization plan has been approved and whether the approval is
con-
ditioned on any amendments or revisions to the plan.
(c) Any soil tests required by the secretary to evaluate
whether ag-
ronomic application rates are being met must be paid for by the
swine
confined feeding facility regardless of whether the soil to be
tested is
from land owned by such facility.
(d) Failure of the operator of a swine confined feeding
facility to
implement a nutrient utilization plan approved by the secretary
shall be
considered a violation of the Kansas chemigation safety law for
which the
secretary may suspend a permit pursuant to K.S.A. 2-3310 and
amend-
ments thereto or may impose a civil penalty pursuant to K.S.A.
2-3317
and amendments thereto, or both.
(e) This section shall be part of and supplemental to the
Kansas
chemigation safety law.
Sec. 25. K.S.A. 2-3305 is hereby amended to read as
follows: 2-3305.
Functional anti-pollution devices shall be used in the chemigation
process
according to:
(a) Criteria adopted by the secretary by rules and
regulations that,
in the secretary's discretion, follow the latest scientific
knowledge and
technology and that is designed to protect the groundwater and
surface
water of the state; or
(b) the following criteria:
(a) (1) Waterline check valve shall be
an automatic, quick-closing de-
vice capable of preventing the backflow of water chemical mixtures
into
the source of water supply during times of system failure or
equipment
shutdown;
(b) (2) a chemical injection line
check valve shall be used to prevent
flow of water from the irrigation system into the chemical supply
tank
and to prevent gravity flow from the chemical supply tank into the
irri-
gation system;
(c) (3) an interlock system shall be
used between the power system
of the injection unit, the irrigation pumping plant and the pivot,
if in-
volved; the interlock shall function so that if the irrigation pump
stops,
the injection pump will also stop;
(d) (4) a functional vacuum relief
device shall be used between the
waterline check valve and the irrigation pump to reduce the chance
of
chemical being back-siphoned into the water source; and
(e) (5) an automatic low pressure
drain shall be used between the
waterline valve and the irrigation pump.
Sec. 26. K.S.A. 2-3307 is hereby amended to read as
follows: 2-3307.
(a) For the purpose of carrying out the provisions of this act,
including
any review of the application of swine waste under section 24
and amend-
ments thereto, the secretary or the secretary's agent or the
county or
district attorney or their agents may enter any premises at any
reasonable
time in order to:
(1) Have access for the purpose of inspecting any equipment
subject
to this act;
(2) inspect or sample water, lands and crops reported to be
exposed
to chemicals;
(3) inspect or investigate complaints or injury to humans,
crops or
land;
(4) sample chemicals being applied or to be applied; or
(5) observe the use and application of chemicals.
Should the secretary, the secretary's agent or the county or
district
attorney or their agents be denied access to any land where such
access
was sought for the purposes authorized, the secretary or the county
or
district attorney may apply to any court of competent jurisdiction
for a
search warrant authorizing access to such land for such purposes.
The
court, upon such application, may issue the search warrant for the
pur-
poses requested.
(b) The enforcement of the criminal provisions of this act
shall be the
duty of, and shall be implemented by, the county or district
attorneys of
the various counties or districts. In the event a county or
district attorney
refuses to act, the attorney general shall so act. The secretary is
charged
with the duty of enforcing all other provisions of this act.
Sec. 27. K.S.A. 1997 Supp. 47-1219 is hereby amended to
read as
follows: 47-1219. (a) Any person or persons who shall put any dead
ani-
mals, carcasses of such animals or domestic fowl, or any part
thereof, into
any well, spring, brook, branch, river, creek, pond, road, street,
alley, lane,
lot, field, meadow or common shall be deemed guilty of a
misdemeanor,
and upon conviction thereof shall be fined in a sum not exceeding
$100.
(b) Any owner or owners of any dead animals, carcasses of such
an-
imals or domestic fowl, or any part thereof, who shall knowingly
permit
the same to remain in any well, spring, brook, branch, river,
creek, pond,
road, street, alley, lane, lot, field, meadow or common to the
injury of the
health or to the annoyance of or damage to the citizens of the
state or
any of them, shall be deemed guilty of a misdemeanor, and upon
convic-
tion thereof shall be fined in a sum not exceeding $100. Every 24
hours
the owners shall permit the same to remain thereafter shall be
deemed
an additional offense.
(c) Persons disposing of dead animals shall do so in one of
the fol-
lowing ways: (1) Burial; (2) incineration; or
(3) delivery or unloading of
the carcasses of dead animals or packing house refuse at a disposal
plant,
substation, rendering plant or place of transfer licensed by the
commis-
sioner; or (4) in accordance with rules and regulations adopted
pursuant
to section 37.
New Sec. 28. (a) As used in this section:
(1) Terms have the meanings provided by section 2 and
amendments
thereto.
(2) ``Qualified swine facility'' means a swine facility that:
(A) Is owned
and operated by a sole proprietorship or partnership or by a family
farm
corporation, authorized farm corporation, limited liability
agricultural
company, family farm limited liability agricultural company,
limited ag-
ricultural partnership, family trust, authorized trust or
testamentary trust,
as defined by K.S.A. 17-5903 and amendments thereto; and (B) is
utilizing
its swine waste management system on January 1, 1998.
(3) ``Required improvements to a qualified swine facility''
means cap-
ital improvements that the secretary of health and environment
certifies
to the director of taxation: (A) Are required for a qualified swine
facility
to comply with the standards and requirements established pursuant
to
sections 2 through 22 or pursuant to the amendments made by this
act
to K.S.A. 65-171d; and (B) are not required because of expansion
for
which a permit has not been issued or applied for before the
effective
date of this act.
(b) There shall be allowed as a credit against the tax
liability of a
taxpayer imposed under the Kansas income tax act an amount equal
to
not more than 50% of the costs incurred by the taxpayer for
required
improvements to a qualified swine facility. The tax credit allowed
by this
subsection shall be deducted from the taxpayer's income tax
liability for
the taxable year in which the expenditures are made by the
taxpayer. If
the amount of such tax credit exceeds the taxpayer's income tax
liability
for such taxable year, the taxpayer may carry over the amount
thereof
that exceeds such tax liability for deduction from the taxpayer's
income
tax liability in the next succeeding taxable year or years until
the total
amount of the tax credit has been deducted from tax liability,
except that
no such tax credit shall be carried over for deduction after the
fourth
taxable year succeeding the year in which the costs are
incurred.
(c) The provisions of this section shall be applicable to all
taxable
years commencing after December 31, 1997.
(d) On or before the first day of the 1999, 2000 and 2001
regular
legislative sessions, the secretary of revenue shall submit to the
senate
standing committee on energy and natural resources, the house
standing
committee on environment, the senate standing committee on
assessment
and taxation and the house standing committee on taxation a report
of
the number of taxpayers claiming the credit allowed by this section
and
the total amount of such credits claimed by all taxpayers.
Sec. 29. K.S.A. 79-32,117 is hereby amended to read as
follows: 79-
32,117. (a) The Kansas adjusted gross income of an individual means
such
individual's federal adjusted gross income for the taxable year,
with the
modifications specified in this section.
(b) There shall be added to federal adjusted gross income:
(i) Interest income less any related expenses directly
incurred in the
purchase of state or political subdivision obligations, to the
extent that
the same is not included in federal adjusted gross income, on
obligations
of any state or political subdivision thereof, but to the extent
that interest
income on obligations of this state or a political subdivision
thereof issued
prior to January 1, 1988, is specifically exempt from income tax
under the
laws of this state authorizing the issuance of such obligations, it
shall be
excluded from computation of Kansas adjusted gross income whether
or
not included in federal adjusted gross income. Interest income on
obli-
gations of this state or a political subdivision thereof issued
after Decem-
ber 31, 1987, shall be excluded from computation of Kansas
adjusted
gross income whether or not included in federal adjusted gross
income.
(ii) Taxes on or measured by income or fees or payments in
lieu of
income taxes imposed by this state or any other taxing jurisdiction
to the
extent deductible in determining federal adjusted gross income and
not
credited against federal income tax. This paragraph shall not apply
to taxes
imposed under the provisions of K.S.A. 79-1107 or 79-1108, and
amend-
ments thereto, for privilege tax year 1995, and all such years
thereafter.
(iii) The federal net operating loss deduction.
(iv) Federal income tax refunds received by the taxpayer if
the de-
duction of the taxes being refunded resulted in a tax benefit for
Kansas
income tax purposes during a prior taxable year. Such refunds shall
be
included in income in the year actually received regardless of the
method
of accounting used by the taxpayer. For purposes hereof, a tax
benefit
shall be deemed to have resulted if the amount of the tax had been
de-
ducted in determining income subject to a Kansas income tax for a
prior
year regardless of the rate of taxation applied in such prior year
to the
Kansas taxable income, but only that portion of the refund shall be
in-
cluded as bears the same proportion to the total refund received as
the
federal taxes deducted in the year to which such refund is
attributable
bears to the total federal income taxes paid for such year. For
purposes
of the foregoing sentence, federal taxes shall be considered to
have been
deducted only to the extent such deduction does not reduce Kansas
tax-
able income below zero.
(v) The amount of any depreciation deduction or business
expense
deduction claimed on the taxpayer's federal income tax return for
any
capital expenditure in making any building or facility accessible
to the
handicapped, for which expenditure the taxpayer claimed the credit
al-
lowed by K.S.A. 79-32,177, and amendments thereto.
(vi) Any amount of designated employee contributions picked up
by
an employer pursuant to K.S.A. 12-5005, 20-2603, 74-4919 and
74-4965,
and amendments to such sections.
(vii) The amount of any charitable contribution made to the
extent
the same is claimed as the basis for the credit allowed pursuant to
K.S.A.
79-32,196, and amendments thereto.
(viii) The amount of any costs incurred for improvements to
a swine
facility, claimed for deduction in determining federal adjusted
gross in-
come, to the extent the same is claimed as the basis for any
credit allowed
pursuant to section 28 and amendments thereto.
(ix) The amount of any ad valorem taxes and assessments
paid and
the amount of any costs incurred for habitat management or
construction
and maintenance of improvements on real property, claimed for
deduction
in determining federal adjusted gross income, to the extent the
same is
claimed as the basis for any credit allowed pursuant to K.S.A.
79-32,203
and amendments thereto.
(c) There shall be subtracted from federal adjusted gross
income:
(i) Interest or dividend income on obligations or securities
of any
authority, commission or instrumentality of the United States and
its pos-
sessions less any related expenses directly incurred in the
purchase of
such obligations or securities, to the extent included in federal
adjusted
gross income but exempt from state income taxes under the laws of
the
United States.
(ii) Any amounts received which are included in federal
adjusted
gross income but which are specifically exempt from Kansas income
tax-
ation under the laws of the state of Kansas.
(iii) The portion of any gain or loss from the sale or other
disposition
of property having a higher adjusted basis for Kansas income tax
purposes
than for federal income tax purposes on the date such property was
sold
or disposed of in a transaction in which gain or loss was
recognized for
purposes of federal income tax that does not exceed such difference
in
basis, but if a gain is considered a long-term capital gain for
federal in-
come tax purposes, the modification shall be limited to that
portion of
such gain which is included in federal adjusted gross income.
(iv) The amount necessary to prevent the taxation under this
act of
any annuity or other amount of income or gain which was properly
in-
cluded in income or gain and was taxed under the laws of this state
for a
taxable year prior to the effective date of this act, as amended,
to the
taxpayer, or to a decedent by reason of whose death the taxpayer
acquired
the right to receive the income or gain, or to a trust or estate
from which
the taxpayer received the income or gain.
(v) The amount of any refund or credit for overpayment of
taxes on
or measured by income or fees or payments in lieu of income taxes
im-
posed by this state, or any taxing jurisdiction, to the extent
included in
gross income for federal income tax purposes.
(vi) Accumulation distributions received by a taxpayer as a
beneficiary
of a trust to the extent that the same are included in federal
adjusted
gross income.
(vii) Amounts received as annuities under the federal civil
service
retirement system from the civil service retirement and disability
fund
and other amounts received as retirement benefits in whatever
form
which were earned for being employed by the federal government or
for
service in the armed forces of the United States.
(viii) Amounts received by retired railroad employees as a
supple-
mental annuity under the provisions of 45 U.S.C. 228b (a) and 228c
(a)(1)
et seq.
(ix) Amounts received by retired employees of a city and by
retired
employees of any board of such city as retirement allowances
pursuant to
K.S.A. 13-14,106, and amendments thereto, or pursuant to any
charter
ordinance exempting a city from the provisions of K.S.A. 13-14,106,
and
amendments thereto.
(x) For taxable years beginning after December 31, 1976, the
amount
of the federal tentative jobs tax credit disallowance under the
provisions
of 26 U.S.C. 280 C. For taxable years ending after December 31,
1978,
the amount of the targeted jobs tax credit and work incentive
credit dis-
allowances under 26 U.S.C. 280 C.
(xi) For taxable years beginning after December 31, 1986,
dividend
income on stock issued by Kansas Venture Capital, Inc.
(xii) For taxable years beginning after December 31, 1989,
amounts
received by retired employees of a board of public utilities as
pension and
retirement benefits pursuant to K.S.A. 13-1246, 13-1246a and
13-1249
and amendments thereto.
(xiii) For taxable years beginning after December 31, 1993,
the
amount of income earned on contributions deposited to an
individual
development account under K.S.A. 79-32,117h, and amendments
thereto.
(xiv) For all taxable years commencing after December 31,
1996, that
portion of any income of a bank organized under the laws of this
state or
any other state, a national banking association organized under the
laws
of the United States, an association organized under the savings
and loan
code of this state or any other state, or a federal savings
association or-
ganized under the laws of the United States, for which an election
as an
S corporation under subchapter S of the federal internal revenue
code is
in effect, which accrues to the taxpayer who is a stockholder of
such
corporation and which is not distributed to the stockholders as
dividends
of the corporation.
(d) There shall be added to or subtracted from federal
adjusted gross
income the taxpayer's share, as beneficiary of an estate or trust,
of the
Kansas fiduciary adjustment determined under K.S.A. 79-32,135,
and
amendments thereto.
(e) The amount of modifications required to be made under this
sec-
tion by a partner which relates to items of income, gain, loss,
deduction
or credit of a partnership shall be determined under K.S.A.
79-32,131,
and amendments thereto, to the extent that such items affect
federal
adjusted gross income of the partner.
New Sec. 30. The provisions of sections 1 through 29 and
37 shall
expire upon the enactment of any law during the 1998 regular
legislative
session prohibiting the secretary of health and environment from
issuing
any permit for a new swine breeding, farrowing, feeding or
finishing fa-
cility, or any combination thereof, regardless of size.
Sec. 31. Upon expiration of the provisions of section 23
pursuant to
section 30, K.S.A. 2-3302 is hereby revived to read as follows:
2-3302. As
used in this act:
(a) ``Chemigation'' means any process whereby pesticides,
fertilizers
or other chemicals or animal wastes are added to irrigation water
applied
to land or crops, or both, through an irrigation distribution
system.
(b) ``Board'' means the state board of agriculture.
(c) ``Secretary'' means the secretary of the state board of
agriculture.
(d) ``Operating chemigation equipment'' for the purposes of
this act
shall include, but not be limited to:
(1) Preparing solution and filling the chemical supply
container;
(2) calibrating of injection equipment;
(3) starting and stopping equipment when injection of
chemicals is
involved; and
(4) supervision of the chemigation equipment to assure its
safe op-
eration.
(e) ``Anti-pollution devices'' means mechanical equipment used
to re-
duce hazard to the environment in cases of malfunction of the
equipment
during chemigation and includes but is not limited to interlock,
waterline
check valve, chemical line closure device, vacuum relief device and
au-
tomatic low pressure drain.
(f) ``Supervision'' means the attention given to the
chemigating sys-
tem during its operation when chemicals are being applied.
(g) ``Direct supervision'' means supervision with ability to
change the
procedures.
(h) ``Irrigation distribution system'' means any device or
combination
of devices having a hose, pipe or other conduit which connects
directly
to any source of ground or surface water, through which water or a
mix-
ture of water and chemicals is drawn and applied to land. The term
does
not include any handheld hose sprayer or other similar device which
is
constructed so that an interruption in water flow automatically
prevents
any backflow to the water source. For the purpose of this act it
does not
include greenhouse irrigation or residence yards. Animal waste
lagoons
are not to be considered water sources.
(i) ``Calibration device'' means equipment of sufficient
accuracy to
determine the rate of chemical application.
(j) ``Point of diversion'' means:
(1) The point where the longitudinal axis of the dam crosses
the cen-
ter line of the stream in the case of a reservoir; or
(2) the location of the headgate or intake in the case of a
direct di-
version from a river, stream or other watercourse; or
(3) the location of a well in the case of groundwater
diversion.
Sec. 32. Upon expiration of the provisions of section 25
pursuant to
section 30, K.S.A. 2-3305 is hereby revived to read as follows:
2-3305.
Functional anti-pollution devices shall be used in the chemigation
process
according to the following criteria:
(a) Waterline check valve shall be an automatic, quick-closing
device
capable of preventing the backflow of water chemical mixtures into
the
source of water supply during times of system failure or equipment
shut-
down;
(b) a chemical injection line check valve shall be used to
prevent flow
of water from the irrigation system into the chemical supply tank
and to
prevent gravity flow from the chemical supply tank into the
irrigation
system;
(c) an interlock system shall be used between the power system
of
the injection unit, the irrigation pumping plant and the pivot, if
involved;
the interlock shall function so that if the irrigation pump stops,
the injec-
tion pump will also stop;
(d) a functional vacuum relief device shall be used between
the wa-
terline check valve and the irrigation pump to reduce the chance of
chem-
ical being back-siphoned into the water source; and
(e) an automatic low pressure drain shall be used between the
wa-
terline valve and the irrigation pump.
Sec. 33. Upon expiration of the provisions of section 26
pursuant to
section 30, K.S.A. 2-3307 is hereby revived to read as follows:
2-3307. (a)
For the purpose of carrying out the provisions of this act, the
secretary
or the secretary's agent or the county or district attorney or
their agents
may enter any premises at any reasonable time in order to:
(1) Have access for the purpose of inspecting any equipment
subject
to this act;
(2) inspect or sample water, lands and crops reported to be
exposed
to chemicals;
(3) inspect or investigate complaints or injury to humans,
crops or
land;
(4) sample chemicals being applied or to be applied; or
(5) observe the use and application of chemicals.
Should the secretary, the secretary's agent or the county or
district
attorney or their agents be denied access to any land where such
access
was sought for the purposes authorized, the secretary or the county
or
district attorney may apply to any court of competent jurisdiction
for a
search warrant authorizing access to such land for such purposes.
The
court, upon such application, may issue the search warrant for the
pur-
poses requested.
(b) The enforcement of the criminal provisions of this act
shall be the
duty of, and shall be implemented by, the county or district
attorneys of
the various counties or districts. In the event a county or
district attorney
refuses to act, the attorney general shall so act. The secretary is
charged
with the duty of enforcing all other provisions of this act.
Sec. 34. Upon expiration of the provisions of section 27
pursuant to
section 30, K.S.A. 1997 Supp. 47-1219 is hereby revived to read as
follows:
47-1219. (a) Any person or persons who shall put any dead animals,
car-
casses of such animals or domestic fowl, or any part thereof, into
any well,
spring, brook, branch, river, creek, pond, road, street, alley,
lane, lot, field,
meadow or common shall be deemed guilty of a misdemeanor, and
upon
conviction thereof shall be fined in a sum not exceeding $100.
(b) Any owner or owners of any dead animals, carcasses of such
an-
imals or domestic fowl, or any part thereof, who shall knowingly
permit
the same to remain in any well, spring, brook, branch, river,
creek, pond,
road, street, alley, lane, lot, field, meadow or common to the
injury of the
health or to the annoyance of or damage to the citizens of the
state or
any of them, shall be deemed guilty of a misdemeanor, and upon
convic-
tion thereof shall be fined in a sum not exceeding $100. Every 24
hours
the owners shall permit the same to remain thereafter shall be
deemed
an additional offense.
(c) Persons disposing of dead animals shall do so in one of
the fol-
lowing ways: (1) Burial; (2) incineration; or (3) delivery or
unloading of
the carcasses of dead animals or packing house refuse at a disposal
plant,
substation, rendering plant or place of transfer licensed by the
commis-
sioner.
Sec. 35. Upon expiration of the provisions of section 1
pursuant to
section 30, K.S.A. 1997 Supp. 65-171d is hereby revived to read as
follows:
65-171d. (a) For the purpose of preventing surface and subsurface
water
pollution and soil pollution detrimental to public health or to the
plant,
animal and aquatic life of the state, and to protect beneficial
uses of the
waters of the state and to require the treatment of sewage
predicated
upon technologically based effluent limitations, the secretary of
health
and environment shall make such rules and regulations, including
regis-
tration of potential sources of pollution, as may in the
secretary's judg-
ment be necessary to: (1) Protect the soil and waters of the state
from
pollution resulting from underground storage reservoirs of
hydrocarbons
and liquid petroleum gas; (2) control the disposal, discharge or
escape of
sewage as defined in K.S.A. 65-164 and amendments thereto, by or
from
municipalities, corporations, companies, institutions, state
agencies, fed-
eral agencies or individuals and any plants, works or facilities
owned or
operated, or both, by them; and (3) establish water quality
standards for
the waters of the state to protect their beneficial uses.
(b) The secretary of health and environment may adopt by
reference
any regulation relating to water quality and effluent standards
promul-
gated by the federal government pursuant to the provisions of the
federal
clean water act and amendments thereto, as in effect on January 1,
1989,
which the secretary is otherwise authorized by law to adopt.
(c) For the purposes of this act, including K.S.A. 65-161
through 65-
171h and amendments thereto, and rules and regulations adopted
pur-
suant thereto:
(1) ``Pollution'' means: (A) Such contamination or other
alteration of
the physical, chemical or biological properties of any waters of
the state
as will or is likely to create a nuisance or render such waters
harmful,
detrimental or injurious to public health, safety or welfare, or to
the plant,
animal or aquatic life of the state or to other designated
beneficial uses;
or (B) such discharge as will or is likely to exceed state effluent
standards
predicated upon technologically based effluent limitations.
(2) ``Confined feeding facility'' means any lot, pen, pool or
pond: (A)
Which is used for the confined feeding of animals or fowl for food,
fur
or pleasure purposes; (B) which is not normally used for raising
crops;
and (C) in which no vegetation intended for animal food is
growing.
(3) ``Animal unit'' means a unit of measurement calculated by
adding
the following numbers: The number of beef cattle weighing more
than
700 pounds multiplied by 1.0; plus the number of cattle weighing
less
than 700 pounds multiplied by 0.5; plus the number of mature dairy
cattle
multiplied by 1.4; plus the number of swine weighing more than
55
pounds multiplied by 0.4; plus the number of swine weighing 55
pounds
or less multiplied by 0.1; plus the number of sheep or lambs
multiplied
by 0.1; plus the number of horses multiplied by 2.0; plus the
number of
turkeys multiplied by 0.018; plus the number of laying hens or
broilers,
if the facility has continuous overflow watering, multiplied by
0.01; plus
the number of laying hens or broilers, if the facility has a liquid
manure
system, multiplied by 0.033; plus the number of ducks multiplied by
0.2.
However, each head of cattle will be counted as one full animal
unit for
the purpose of determining the need for a federal permit. ``Animal
unit''
also includes the number of swine weighing 55 pounds or less
multiplied
by 0.1 for the purpose of determining applicable requirements for
new
construction of a confined feeding facility for which a permit or
registra-
tion has not been issued before January 1, 1998, and for which an
appli-
cation for a permit or registration and plans have not been filed
with the
secretary of health and environment before January 1, 1998, or for
the
purpose of determining applicable requirements for expansion of
such
facility. However, each head of swine weighing 55 pounds or less
shall be
counted as 0.0 animal unit for the purpose of determining the need
for
a federal permit.
(4) ``Animal unit capacity'' means the maximum number of
animal
units which a confined feeding facility is designed to accommodate
at any
one time.
(5) ``Habitable structure'' means any of the following
structures which
is occupied or maintained in a condition which may be occupied: A
dwell-
ing, church, school, adult care home, medical care facility, child
care
facility, library, community center, public building, office
building or li-
censed food service or lodging establishment.
(d) In adopting rules and regulations, the secretary of health
and en-
vironment, taking into account the varying conditions that are
probable
for each source of sewage and its possible place of disposal,
discharge or
escape, may provide for varying the control measures required in
each
case to those the secretary finds to be necessary to prevent
pollution. If
a freshwater reservoir or farm pond is privately owned and where
com-
plete ownership of land bordering the reservoir is under common
private
ownership, such freshwater reservoir or farm pond shall be exempt
from
water quality standards except as it relates to water discharge or
seepage
from the reservoir to waters of the state, either surface or
groundwater,
or as it relates to the public health of persons using the
reservoir or pond
or waters therefrom.
(e) (1) Whenever the secretary of health and environment
or the
secretary's duly authorized agents find that the soil or waters of
the state
are not being protected from pollution resulting from underground
stor-
age reservoirs of hydrocarbons and liquid petroleum gas or that
storage
or disposal of salt water not regulated by the state corporation
commission
or refuse in any surface pond is causing or is likely to cause
pollution of
soil or waters of the state, the secretary or the secretary's duly
authorized
agents shall issue an order prohibiting such underground storage
reservoir
or surface pond. Any person aggrieved by such order may within 15
days
of service of the order request in writing a hearing on the
order.
(2) Upon receipt of a timely request, a hearing shall be
conducted in
accordance with the provisions of the Kansas administrative
procedure
act.
(3) Any action of the secretary pursuant to this subsection is
subject
to review in accordance with the act for judicial review and civil
enforce-
ment of agency actions.
(f) The secretary may adopt rules and regulations establishing
fees
for the following services:
(1) Plan approval, monitoring and inspecting underground or
buried
petroleum products storage tanks, for which the annual fee shall
not ex-
ceed $5 for each tank in place;
(2) permitting, monitoring and inspecting salt solution mining
oper-
ators, for which the annual fee shall not exceed $1,950 per
company; and
(3) permitting, monitoring and inspecting hydrocarbon storage
wells
and well systems, for which the annual fee shall not exceed $1,875
per
company.
(g) Prior to any new construction of a confined feeding
facility with
an animal unit capacity of 300 to 999, such facility shall register
with the
secretary of health and environment. Facilities with less than 300
animal
units may register with the secretary. Any such registration shall
be ac-
companied by a $25 fee. Within 30 days of receipt of such
registration,
the department of health and environment shall identify any
significant
water pollution potential or separation distance violations
pursuant to sub-
section (h). If there is identified a significant water pollution
potential,
such facility shall be required to obtain a permit from the
secretary. If
there is no water pollution potential posed by a facility with an
animal
unit capacity of less than 300, the secretary may certify that no
permit is
required. If there is no water pollution potential nor any
violation of
separation distances posed by a facility with an animal unit
capacity of
300 to 999, the secretary shall certify that no permit is required
and that
there are no certification conditions pertaining to separation
distances. If
a separation distance violation is identified, the secretary may
reduce the
separation distance in accordance with subsection (i) and shall
certify any
such reduction of separation distances.
(h) Any new construction or new expansion of a confined
feeding
facility shall meet or exceed the following requirements in
separation
distances from any habitable structure:
(1) 1320 feet for facilities with an animal unit capacity of
300 to 999;
and
(2) 4000 feet for facilities with an animal unit capacity of
1,000 or
more.
(i) The separation distance requirements of subsection (h)
shall not
apply if such person newly constructing or newly expanding a
confined
feeding facility obtains a written agreement from all owners of
habitable
structures which are within the separation distance stating such
owners
are aware of such construction or expansion and have no objections
to
such construction or expansion. The written agreement shall be
filed in
the register of deeds office of the county in which the habitable
structure
is located. The secretary may reduce separation distance
requirements if:
(1) No substantial objection from owners of habitable structures
within
the separation distance is received in response to public notice;
or (2) the
board of county commissioners of the county where the confined
feeding
facility is located submits a written request seeking a reduction
of sepa-
ration distances.
(j) The separation distances required pursuant to subsection
(h) shall
not apply to:
(1) Confined feeding facilities which are permitted or
certified by the
secretary on the effective date of this act;
(2) confined feeding facilities which exist on the effective
date of this
act and register with the secretary before July 1, 1996; or
(3) expansion of a confined feeding facility, including any
expansion
for which an application is pending on the effective date of this
act, if:
(A) In the case of a facility with an animal unit capacity of 1,000
or more
prior to the effective date of this act, the expansion is located
at a distance
not less than the distance between the facility and the nearest
habitable
structure prior to the expansion; or (B) in the case of a facility
with an
animal unit capacity of less than 1,000 prior to the effective date
of this
act and, the expansion is located at a distance not less than the
distance
between the facility and the nearest habitable structure prior to
the ex-
pansion the animal unit capacity of the facility after expansion
does not
exceed 2,000.
(k) All plans and specifications submitted to the department
for new
construction or new expansion of confined feeding facilities may
be, but
are not required to be, prepared by a professional engineer or a
consult-
ant.
Sec. 36. Upon expiration of the provisions of section 29
pursuant to
section 30, K.S.A. 79-32,117 is hereby revived to read as follows:
79-
32,117. (a) The Kansas adjusted gross income of an individual means
such
individual's federal adjusted gross income for the taxable year,
with the
modifications specified in this section.
(b) There shall be added to federal adjusted gross income:
(i) Interest income less any related expenses directly
incurred in the
purchase of state or political subdivision obligations, to the
extent that
the same is not included in federal adjusted gross income, on
obligations
of any state or political subdivision thereof, but to the extent
that interest
income on obligations of this state or a political subdivision
thereof issued
prior to January 1, 1988, is specifically exempt from income tax
under the
laws of this state authorizing the issuance of such obligations, it
shall be
excluded from computation of Kansas adjusted gross income whether
or
not included in federal adjusted gross income. Interest income on
obli-
gations of this state or a political subdivision thereof issued
after Decem-
ber 31, 1987, shall be excluded from computation of Kansas
adjusted
gross income whether or not included in federal adjusted gross
income.
(ii) Taxes on or measured by income or fees or payments in
lieu of
income taxes imposed by this state or any other taxing jurisdiction
to the
extent deductible in determining federal adjusted gross income and
not
credited against federal income tax. This paragraph shall not apply
to taxes
imposed under the provisions of K.S.A. 79-1107 or 79-1108, and
amend-
ments thereto, for privilege tax year 1995, and all such years
thereafter.
(iii) The federal net operating loss deduction.
(iv) Federal income tax refunds received by the taxpayer if
the de-
duction of the taxes being refunded resulted in a tax benefit for
Kansas
income tax purposes during a prior taxable year. Such refunds shall
be
included in income in the year actually received regardless of the
method
of accounting used by the taxpayer. For purposes hereof, a tax
benefit
shall be deemed to have resulted if the amount of the tax had been
de-
ducted in determining income subject to a Kansas income tax for a
prior
year regardless of the rate of taxation applied in such prior year
to the
Kansas taxable income, but only that portion of the refund shall be
in-
cluded as bears the same proportion to the total refund received as
the
federal taxes deducted in the year to which such refund is
attributable
bears to the total federal income taxes paid for such year. For
purposes
of the foregoing sentence, federal taxes shall be considered to
have been
deducted only to the extent such deduction does not reduce Kansas
tax-
able income below zero.
(v) The amount of any depreciation deduction or business
expense
deduction claimed on the taxpayer's federal income tax return for
any
capital expenditure in making any building or facility accessible
to the
handicapped, for which expenditure the taxpayer claimed the credit
al-
lowed by K.S.A. 79-32,177, and amendments thereto.
(vi) Any amount of designated employee contributions picked up
by
an employer pursuant to K.S.A. 12-5005, 20-2603, 74-4919 and
74-4965,
and amendments to such sections.
(vii) The amount of any charitable contribution made to the
extent
the same is claimed as the basis for the credit allowed pursuant to
K.S.A.
79-32,196, and amendments thereto.
(c) There shall be subtracted from federal adjusted gross
income:
(i) Interest or dividend income on obligations or securities
of any
authority, commission or instrumentality of the United States and
its pos-
sessions less any related expenses directly incurred in the
purchase of
such obligations or securities, to the extent included in federal
adjusted
gross income but exempt from state income taxes under the laws of
the
United States.
(ii) Any amounts received which are included in federal
adjusted
gross income but which are specifically exempt from Kansas income
tax-
ation under the laws of the state of Kansas.
(iii) The portion of any gain or loss from the sale or other
disposition
of property having a higher adjusted basis for Kansas income tax
purposes
than for federal income tax purposes on the date such property was
sold
or disposed of in a transaction in which gain or loss was
recognized for
purposes of federal income tax that does not exceed such difference
in
basis, but if a gain is considered a long-term capital gain for
federal in-
come tax purposes, the modification shall be limited to that
portion of
such gain which is included in federal adjusted gross income.
(iv) The amount necessary to prevent the taxation under this
act of
any annuity or other amount of income or gain which was properly
in-
cluded in income or gain and was taxed under the laws of this state
for a
taxable year prior to the effective date of this act, as amended,
to the
taxpayer, or to a decedent by reason of whose death the taxpayer
acquired
the right to receive the income or gain, or to a trust or estate
from which
the taxpayer received the income or gain.
(v) The amount of any refund or credit for overpayment of
taxes on
or measured by income or fees or payments in lieu of income taxes
im-
posed by this state, or any taxing jurisdiction, to the extent
included in
gross income for federal income tax purposes.
(vi) Accumulation distributions received by a taxpayer as a
beneficiary
of a trust to the extent that the same are included in federal
adjusted
gross income.
(vii) Amounts received as annuities under the federal civil
service
retirement system from the civil service retirement and disability
fund
and other amounts received as retirement benefits in whatever
form
which were earned for being employed by the federal government or
for
service in the armed forces of the United States.
(viii) Amounts received by retired railroad employees as a
supple-
mental annuity under the provisions of 45 U.S.C. 228b (a) and 228c
(a)(1)
et seq.
(ix) Amounts received by retired employees of a city and by
retired
employees of any board of such city as retirement allowances
pursuant to
K.S.A. 13-14,106, and amendments thereto, or pursuant to any
charter
ordinance exempting a city from the provisions of K.S.A. 13-14,106,
and
amendments thereto.
(x) For taxable years beginning after December 31, 1976, the
amount
of the federal tentative jobs tax credit disallowance under the
provisions
of 26 U.S.C. 280 C. For taxable years ending after December 31,
1978,
the amount of the targeted jobs tax credit and work incentive
credit dis-
allowances under 26 U.S.C. 280 C.
(xi) For taxable years beginning after December 31, 1986,
dividend
income on stock issued by Kansas Venture Capital, Inc.
(xii) For taxable years beginning after December 31, 1989,
amounts
received by retired employees of a board of public utilities as
pension and
retirement benefits pursuant to K.S.A. 13-1246, 13-1246a and
13-1249
and amendments thereto.
(xiii) For taxable years beginning after December 31, 1993,
the
amount of income earned on contributions deposited to an
individual
development account under K.S.A. 79-32,117h, and amendments
thereto.
(xiv) For all taxable years commencing after December 31,
1996, that
portion of any income of a bank organized under the laws of this
state or
any other state, a national banking association organized under the
laws
of the United States, an association organized under the savings
and loan
code of this state or any other state, or a federal savings
association or-
ganized under the laws of the United States, for which an election
as an
S corporation under subchapter S of the federal internal revenue
code is
in effect, which accrues to the taxpayer who is a stockholder of
such
corporation and which is not distributed to the stockholders as
dividends
of the corporation.
(d) There shall be added to or subtracted from federal
adjusted gross
income the taxpayer's share, as beneficiary of an estate or trust,
of the
Kansas fiduciary adjustment determined under K.S.A. 79-32,135,
and
amendments thereto.
(e) The amount of modifications required to be made under this
sec-
tion by a partner which relates to items of income, gain, loss,
deduction
or credit of a partnership shall be determined under K.S.A.
79-32,131,
and amendments thereto, to the extent that such items affect
federal
adjusted gross income of the partner.
New Sec. 37. The secretary of health and environment
shall adopt
rules and regulations establishing standards and procedures for
compost-
ing livestock, including chickens and turkeys.
New Sec. 38. (a) When used in this section ``county''
means any
county which has conducted, prior to March 1, 1998, an advisory
election
on the question of rescinding a resolution adopted pursuant to
K.S.A. 17-
5908, as it existed before the effective date of this act.
(b) The board of county commissioners of any county may adopt
a
resolution rescinding a resolution adopted pursuant to K.S.A.
17-5908,
and amendments thereto. Upon presentation of a petition requesting
the
recision of a resolution adopted pursuant to K.S.A. 17-5908, and
amend-
ments thereto, signed by at least 5% of the qualified electors of
the
county, the board of county commissioners shall adopt a resolution
re-
scinding such resolution. Any resolution adopted pursuant to this
section
shall be submitted to the qualified electors of the county at the
next state
or county-wide regular or special election which occurs more than
60
days after the adoption of a resolution pursuant to this section.
If a ma-
jority of the voters vote in favor of adopting the resolution, the
county
election officer shall transmit a copy of the results of the
election to the
secretary of state who shall publish in the Kansas register the
results of
such election and that swine production facilities are not allowed
to be
established in such county.
(c) The election provided for by this section shall be
conducted, and
the votes counted and canvassed, in the manner provided by law
for
question submitted elections of the county.
(d) The provisions of this section shall expire December 31,
1998.
Sec. 39. K.S.A. 1997 Supp. 19-101a is hereby amended to
read as
follows: 19-101a. (a) The board of county commissioners may
transact all
county business and perform all powers of local legislation and
adminis-
tration it deems appropriate, subject only to the following
limitations,
restrictions or prohibitions:
(1) Counties shall be subject to all acts of the legislature
which apply
uniformly to all counties.
(2) Counties may not consolidate or alter county
boundaries.
(3) Counties may not affect the courts located therein.
(4) Counties shall be subject to acts of the legislature
prescribing
limits of indebtedness.
(5) In the exercise of powers of local legislation and
administration
authorized under provisions of this section, the home rule power
con-
ferred on cities to determine their local affairs and government
shall not
be superseded or impaired without the consent of the governing body
of
each city within a county which may be affected.
(6) Counties may not legislate on social welfare administered
under
state law enacted pursuant to or in conformity with public law No.
271--
74th congress, or amendments thereof.
(7) Counties shall be subject to all acts of the legislature
concerning
elections, election commissioners and officers and their duties as
such
officers and the election of county officers.
(8) Counties shall be subject to the limitations and
prohibitions im-
posed under K.S.A. 12-187 to 12-195, inclusive, and amendments
thereto,
prescribing limitations upon the levy of retailers' sales taxes by
counties.
(9) Counties may not exempt from or effect changes in statutes
made
nonuniform in application solely by reason of authorizing
exceptions for
counties having adopted a charter for county government.
(10) No county may levy ad valorem taxes under the authority
of this
section upon real property located within any redevelopment area
estab-
lished under the authority of K.S.A. 12-1772, and amendments
thereto,
unless the resolution authorizing the same specifically authorized
a por-
tion of the proceeds of such levy to be used to pay the principal
of and
interest upon bonds issued by a city under the authority of K.S.A.
12-
1774, and amendments thereto.
(11) Counties shall have no power under this section to exempt
from
any statute authorizing or requiring the levy of taxes and
providing sub-
stitute and additional provisions on the same subject, unless the
resolution
authorizing the same specifically provides for a portion of the
proceeds
of such levy to be used to pay a portion of the principal and
interest on
bonds issued by cities under the authority of K.S.A. 12-1774, and
amend-
ments thereto.
(12) Counties may not exempt from or effect changes in the
provi-
sions of K.S.A. 19-4601 to 19-4625, inclusive, and amendments
thereto.
(13) Except as otherwise specifically authorized by K.S.A.
12-1,101
to 12-1,109, inclusive, and amendments thereto, counties may not
levy
and collect taxes on incomes from whatever source derived.
(14) Counties may not exempt from or effect changes in K.S.A.
19-
430, and amendments thereto. Any charter resolution adopted by
a
county prior to July 1, 1983, exempting from or effecting changes
in
K.S.A. 19-430, and amendments thereto, is null and void.
(15) Counties may not exempt from or effect changes in K.S.A.
19-
302, 19-502b, 19-503, 19-805 or 19-1202, and amendments
thereto.
(16) Counties may not exempt from or effect changes in K.S.A.
13-
13a26, and amendments thereto. Any charter resolution adopted by
a
county, prior to the effective date of this act, exempting from or
effecting
changes in K.S.A. 13-13a26, and amendments thereto, is null and
void.
(17) Counties may not exempt from or effect changes in K.S.A.
71-
301, and amendments thereto. Any charter resolution adopted by
a
county, prior to the effective date of this act, exempting from or
effecting
changes in K.S.A. 71-301, and amendments thereto, is null and
void.
(18) Counties may not exempt from or effect changes in K.S.A.
19-
15,139, 19-15,140 and 19-15,141, and amendments thereto. Any
charter
resolution adopted by a county prior to the effective date of this
act,
exempting from or effecting changes in such sections is null and
void.
(19) Counties may not exempt from or effect changes in the
provi-
sions of K.S.A. 12-1223, 12-1225, 12-1225a, 12-1225b, 12-1225c and
12-
1226, and amendments thereto, or the provisions of K.S.A. 1997
Supp.
12-1260 to 12-1270, inclusive, and amendments thereto, and
12-1276,
and amendments thereto.
(20) Counties may not exempt from or effect changes in the
provi-
sions of K.S.A. 19-211, and amendments thereto.
(21) Counties may not exempt from or effect changes in the
provi-
sions of K.S.A. 19-4001 to 19-4015, inclusive, and amendments
thereto.
(22) Counties may not regulate the production or drilling of
any oil
or gas well in any manner which would result in the duplication of
reg-
ulation by the state corporation commission and the Kansas
department
of health and environment pursuant to chapter 55 and chapter 65 of
the
Kansas Statutes Annotated and any rules and regulations adopted
pur-
suant thereto. Counties may not require any license or permit for
the
drilling or production of oil and gas wells. Counties may not
impose any
fee or charge for the drilling or production of any oil or gas
well.
(23) Counties may not exempt from or effect changes in K.S.A.
79-
41a04, and amendments thereto.
(24) Counties may not exempt from or effect changes in K.S.A.
1997
Supp. 79-1611, and amendments thereto.
(25) Counties may not exempt from or effect changes in K.S.A.
1997
Supp. 79-1494, and amendments thereto.
(26) Counties may not exempt from or effect changes in
subsection
(b) of K.S.A. 19-202, and amendments thereto.
(27) Counties may not exempt from or effect changes in
subsection
(b) of K.S.A. 2-1915, 19-204, and amendments thereto.
(28) Counties may not exempt from or effect changes in
K.S.A. 2-
1915, 2-3302, 2-3305, 2-3307, 17-5904, 17-5908, 47-1219,
65-171d, 74-
5065, 74-5066, 74-8902, 74-8905 and 79-32,117, sections 2
through 22,
24, 28, 37 and 38 and amendments thereto or revivers
thereof.
(b) Counties shall apply the powers of local legislation
granted in
subsection (a) by resolution of the board of county commissioners.
If no
statutory authority exists for such local legislation other than
that set forth
in subsection (a) and the local legislation proposed under the
authority
of such subsection is not contrary to any act of the legislature,
such local
legislation shall become effective upon passage of a resolution of
the
board and publication in the official county newspaper. If the
legislation
proposed by the board under authority of subsection (a) is contrary
to an
act of the legislature which is applicable to the particular county
but not
uniformly applicable to all counties, such legislation shall become
effec-
tive by passage of a charter resolution in the manner provided in
K.S.A.
19-101b, and amendments thereto.
Sec. 40. K.S.A. 74-5065 is hereby amended to read as
follows: 74-
5065. As used in this act:
(a) ``Kansas industrial training program'' or ``KIT program''
means a
program under which the secretary provides for training, customized
to
meet the specifications of a new or expanding industry, of new
employees
or prospective employees, or both, of the industry.
(b) ``Kansas industrial retraining program'' or ``KIR
program'' means
a program under which the secretary provides for retraining,
customized
to meet the specifications of a restructuring industry, of
employees of the
industry.
(c) ``New or expanding industry'' means an industry which is
locating
or is newly located in Kansas or an existing industry which is
located in
Kansas and is expanding its work force.
(d) ``Training'' means training of employees or preemployment
train-
ing of prospective employees for jobs newly created by a new or
expand-
ing industry.
(e) ``Restructuring industry'' means an existing industry
which is lo-
cated in Kansas and is restructuring its operations through
incorporation
of existing technology, development and incorporation of new
technology,
diversification of production or development and implementation of
new
production.
(f) ``Retraining'' means retraining of employees of a
restructuring in-
dustry who are likely to be displaced because of obsolete or
inadequate
job skills and knowledge.
(g) ``Job training agency'' means any public or private
educational or
job training institution and any other public or private entity
which is
qualified to provide the training or retraining required under the
KIT
and KIR programs.
(h) ``Secretary'' means the secretary of commerce.
(i) ``Agricultural land,'' ``corporation,'' ``corporate
partnership,'' ``lim-
ited liability company,'' ``limited partnership,'' ``swine
production facility''
and ``trust'' have the meanings ascribed pursuant to K.S.A.
17-5903, and
amendments thereto.
Sec. 41. K.S.A. 1997 Supp. 74-5066 is hereby amended to
read as
follows: 74-5066. (a) The secretary shall administer the KIT
program and
the KIR program and shall:
(1) Consider proposals from industries and job training
agencies for
training or retraining services under the programs;
(2) publicize the programs and the procedures for making and
sub-
mitting proposals for participation therein;
(3) establish standards and criteria for consideration of
proposals and
for assigning priorities among industries making proposals;
(4) ensure the provision of adequate fiscal and accounting
controls
under the programs;
(5) allocate and distribute funds made available for
administration of
the programs;
(6) evaluate the programs each year and make a report on the
per-
formance and cost effectiveness thereof as a part of the annual
report
required by K.S.A. 1997 Supp. 74-5049, and amendments thereto;
and
(7) adopt rules and regulations necessary for administration
of the
programs.
(b) Contractual agreements may be entered into by the
secretary with
any industry or job training agency for participation in the
programs and
such agreements may be in the form of fixed-fee performance
contracts.
Training services under the KIT program may be provided at no cost
to
the industry or on a shared-cost basis with the industry as
determined
through negotiation between the secretary and the industry.
Retraining
services under the KIR program shall be provided on a shared cost
basis.
All expenditures for the payment of costs under the KIT and KIR
pro-
grams shall be made in accordance with appropriation acts upon
warrants
of the director of accounts and reports issued pursuant to vouchers
ap-
proved by the secretary or by a person or persons designated by
the
secretary. Notwithstanding any provision of law to the contrary,
contrac-
tual agreements entered into under the KIT program or the KIR
program
shall not be subject to competitive bidding procedures of K.S.A.
75-3739
and amendments thereto.
(c) Within the limitation of funds available for the KIT and
KIR pro-
grams and to the extent practicable, the secretary shall make
participation
in the programs available to all industries which submit proposals
to par-
ticipate therein, if consistent with program goals and objectives
and the
allocation of resources for the programs. Goals and objectives for
the KIT
and KIR programs shall include appropriate priorities for basic
industries.
(d) The secretary shall not use any funds in the KIT
program or KIR
program for the training or retraining of employees who are
employed
by a swine production facility on agricultural land which is
owned, ac-
quired, obtained or leased by a corporation, limited liability
company,
limited partnership, corporate partnership or trust.
Sec. 42. K.S.A. 1997 Supp. 74-8902 is hereby amended to
read as
follows: 74-8902. The following words or terms used in this act
shall have
the following meanings unless a different meaning clearly appears
from
the context:
(a) ``Act'' means the Kansas development finance authority
act.
(b) ``Authority'' means the Kansas development finance
authority cre-
ated by K.S.A. 74-8903, and amendments thereto.
(c) ``Agricultural business enterprises'' means facilities
supporting or
utilized in the operation of farms, ranches and other agricultural,
aqua-
cultural or silvicultural commodity producers and services provided
in
conjunction with the foregoing. ``Agricultural business
enterprise'' shall
not include a swine production facility on agricultural land
which is
owned, acquired, obtained or leased by a corporation, limited
liability
company, limited partnership, corporate partnership or
trust.
(d) ``Board of directors'' means the board of directors of the
authority
created by K.S.A. 74-8903, and amendments thereto.
(e) ``Bonds'' means any bonds, notes, debentures, interim
certificates,
grant and revenue anticipation notes, interest in a lease, lease
certificate
of participation or other evidences of indebtedness, whether or not
the
interest on which is subject to federal income taxation, issued by
the
authority pursuant to this act.
(f) ``Capital improvements'' means any physical public
betterment or
improvement or any preliminary plans, studies or surveys relative
thereto;
land or rights in land, including, without limitations, leases, air
rights,
easements, rights-of-way or licenses; and any furnishings,
machinery, ve-
hicles, apparatus or equipment for any public betterment or
improve-
ment.
(g) ``Construct'' means to acquire or build, in whole or in
part, in such
manner and by such method as the authority shall determine to be in
the
public interest and necessary to accomplish the purposes of and
authority
set forth in this act.
(h) ``Loans'' means loans made for the purposes of financing
any of
the activities authorized within this act, including loans made to
financial
institutions for funding or as security for loans made for
accomplishing
any of the purposes of this act and reserves and expenses
appropriate or
incidental thereto.
(i) ``Educational facilities'' means real, personal and mixed
property
of any and every kind intended by an educational institution in
further-
ance of its educational program.
(j) ``Facilities'' means any real property, personal property
or mixed
property of any and every kind.
(k) ``Health care facilities'' means facilities for furnishing
physical or
mental health care.
(l) ``Housing development'' means any work or undertaking,
whether
new construction or rehabilitation, which is designed and financed
pur-
suant to the provisions of this act for the primary purpose of
providing
dwelling accommodations for elderly persons and families of low
income
in need of housing.
(m) ``Industrial enterprise'' means facilities for
manufacturing, pro-
ducing, processing, assembling, repairing, extracting, warehousing,
dis-
tributing, communications, computer services, transportation,
corporate
and management offices and services provided in connection with any
of
the foregoing, in isolation or in any combination, that involve the
creation
of new or additional employment or the retention of existing
employment.
(n) ``Political subdivision'' means political or taxing
subdivisions of the
state, including municipal and quasi-municipal corporations,
boards, com-
missions, authorities, councils, committees, subcommittees and
other
subordinate groups or administrative units thereof, receiving or
expend-
ing and supported, in whole or in part, by public funds.
(o) ``Pooled bonds'' means bonds of the authority, the
interest on
which is subject to federal income taxation, which are issued for
the pur-
pose of acquiring bonds issued by two or more political
subdivisions.
(p) ``State'' means the state of Kansas.
(q) ``State agency'' means any office, department, board,
commission,
bureau, division, public corporation, agency or instrumentality of
this
state.
(r) ``Agricultural land,'' ``corporation,'' ``corporate
partnership,'' ``lim-
ited liability company,'' ``limited partnership,'' ``swine
production facility''
and ``trust'' have the meanings ascribed pursuant to K.S.A.
17-5903, and
amendments thereto.
Sec. 43. K.S.A. 1997 Supp. 74-8905 is hereby amended to
read as
follows: 74-8905. (a) The authority is hereby authorized and
empowered
to issue bonds, either for a specific activity or on a pooled basis
for a series
of related or unrelated activities or projects duly authorized by a
political
subdivision or group of political subdivisions of the state in such
amounts
as shall be determined by the authority for the purpose of
financing cap-
ital improvement facilities, educational facilities, health care
facilities and
housing developments. Nothing in this act shall be construed to
authorize
the authority to issue bonds or use the proceeds thereof to (1)
purchase,
condemn, or otherwise acquire a utility plant or distribution
system
owned or operated by a regulated public utility
or, (2) finance any capital
improvement facilities, educational facilities, or health care
facilities
which are authorized under the laws of the state to be financed by
the
issuance of general obligation or utility revenue bonds of a
political sub-
division, except that the acquisition by the authority of general
obligation
or utility revenue bonds issued by political subdivisions with the
proceeds
of pooled bonds shall not violate the provisions of the
foregoing; or (3)
purchase, acquire, construct, reconstruct, improve, equip,
furnish, repair,
enlarge or remodel property for any swine production facility on
agri-
cultural land which is owned, acquired, obtained or leased by a
corpo-
ration, limited liability company, limited partnership,
corporate partner-
ship or trust. Nothing in this subsection (a) shall prohibit
the issuance of
bonds by the authority when any statute specifically authorizes the
issu-
ance of bonds by the authority or approves any activity or project
of a
state agency for purposes of authorizing any such issuance of bonds
in
accordance with this section and provides an exemption from the
provi-
sions of this subsection (a).
(b) The authority is hereby authorized and empowered to issue
bonds
for activities and projects of state agencies as requested by the
secretary
of administration. No bonds may be issued pursuant to this act for
any
activity or project of a state agency unless the activity or
project either
has been approved by an appropriation or other act of the
legislature or
has been approved by the state finance council acting on this
matter which
is hereby characterized as a matter of legislative delegation and
subject
to the guidelines prescribed in subsection (c) of K.S.A. 75-3711c
and
amendments thereto. When requested to do so by the secretary of
ad-
ministration, the authority is further authorized and empowered to
issue
bonds for the purpose of refunding, whether at maturity or in
advance of
maturity, any outstanding bonded indebtedness of any state agency.
The
revenues of any state agency which are pledged as security for any
bonds
of such state agency which are refunded by refunding bonds of the
au-
thority may be pledged to the authority as security for the
refunding
bonds.
(c) The authority is hereby authorized and empowered to issue
bonds
for the purpose of financing industrial enterprises, agricultural
business
enterprises, educational facilities, health care facilities and
housing de-
velopments, or any combination of such facilities, or any interest
in facil-
ities, including without limitation leasehold interests in and
mortgages on
such facilities. No less than 30 days prior to the issuance of any
bonds
authorized under this act with respect to any project or activity
which is
to be undertaken for the direct benefit of any person or entity
which is
not a state agency or a political subdivision, written notice of
the intention
of the authority to provide financing and issue bonds therefor
shall be
given by the president of the authority to the governing body of
the city
in which the project or activity is to be located, or, if the
project or activity
is not proposed to be located within a city, such notice shall be
given to
the governing body of the county. No bonds for the financing of
the
project or activity shall be issued by the authority for a one-year
period
if, within 15 days after the giving of such notice, the governing
body of
the political subdivision in which the project or activity is
proposed to be
located shall have duly enacted an ordinance or resolution stating
express
disapproval of the project or activity and shall have notified the
president
of the authority of such disapproval.
(d) The authority is hereby authorized and empowered to issue
bonds
for the purpose of establishing and funding one or more series of
venture
capital funds in such principal amounts, at such interest rates, in
such
maturities, with such security, and upon such other terms and in
such
manner as is approved by resolution of the authority. The proceeds
of
such bonds not placed in a venture capital fund or used to pay or
reim-
burse organizational, offering and administrative expenses and fees
nec-
essary to the issuance and sale of such bonds shall be invested and
rein-
vested in such securities and other instruments as shall be
provided in
the resolution under which such bonds are issued. Moneys in a
venture
capital fund shall be used to make venture capital investments in
new,
expanding or developing businesses, including, but not limited to,
equity
and debt securities, warrants, options and other rights to acquire
such
securities, subject to the provisions of the resolution of the
authority. The
authority shall establish an investment policy with respect to the
invest-
ment of the funds in a venture capital fund not inconsistent with
the
purposes of this act. The authority shall enter into an agreement
with a
management company experienced in venture capital investments
to
manage and administer each venture capital fund upon terms not
incon-
sistent with the purposes of this act and such investment policy.
The
authority may establish an advisory board to provide advice and
consulting
assistance to the authority and the management company with respect
to
the management and administration of each venture capital fund and
the
establishment of its investment policy. All fees and expenses
incurred in
the management and administration of a venture capital fund not
paid or
reimbursed out of the proceeds of the bonds issued by the authority
shall
be paid or reimbursed out of such venture capital fund.
(e) The authority is hereby authorized and empowered to use
the
proceeds of any bond issues herein authorized, together with any
other
available funds, for venture capital investments or for purchasing,
leasing,
constructing, restoring, renovating, altering or repairing
facilities as
herein authorized, for making loans, purchasing mortgages or
security
interests in loan participations and paying all incidental expenses
there-
with, paying expenses of authorizing and issuing the bonds, paying
inter-
est on the bonds until revenues thereof are available in sufficient
amounts,
purchasing bond insurance or other credit enhancements on the
bonds,
and funding such reserves as the authority deems necessary and
desirable.
All moneys received by the authority, other than moneys received
by
virtue of an appropriation, are hereby specifically declared to be
cash
funds, restricted in their use and to be used solely as provided
herein.
No moneys of the authority other than moneys received by
appropriation
shall be deposited with the state treasurer.
(f) Any time the authority is required to publish a
notification pur-
suant to the tax equity and fiscal responsibility act of 1982, the
authority
shall further publish such notification in the Kansas register.
(g) Any time the authority issues bonds pursuant to this
section, the
authority shall publish notification of such issuance of bonds 14
days prior
to any bond hearing in the official county newspaper where such
bonds
will be used and in the Kansas register.
Sec. 44. K.S.A. 1997 Supp. 17-5904 is hereby amended to
read as
follows: 17-5904. (a) No corporation, trust, limited liability
company, lim-
ited partnership or corporate partnership, other than a family farm
cor-
poration, authorized farm corporation, limited liability
agricultural com-
pany, family farm limited liability agricultural company,
limited
agricultural partnership, family trust, authorized trust or
testamentary
trust shall, either directly or indirectly, own, acquire or
otherwise obtain
or lease any agricultural land in this state. The restrictions
provided in
this section do not apply to the following:
(1) A bona fide encumbrance taken for purposes of
security.
(2) Agricultural land when acquired as a gift, either by grant
or devise,
by a bona fide educational, religious or charitable nonprofit
corporation.
(3) Agricultural land acquired by a corporation or a limited
liability
company in such acreage as is necessary for the operation of a
nonfarming
business. Such land may not be used for farming except under lease
to
one or more natural persons, a family farm corporation, authorized
farm
corporation, family trust, authorized trust or testamentary trust.
The cor-
poration shall not engage, either directly or indirectly, in the
farming
operation and shall not receive any financial benefit, other than
rent, from
the farming operation.
(4) Agricultural land acquired by a corporation or a limited
liability
company by process of law in the collection of debts, or pursuant
to a
contract for deed executed prior to the effective date of this act,
or by
any procedure for the enforcement of a lien or claim thereon,
whether
created by mortgage or otherwise, if such corporation divests
itself of any
such agricultural land within 10 years after such process of law,
contract
or procedure, except that provisions of K.S.A. 9-1102, and
amendments
thereto, shall apply to any bank which acquires agricultural
land.
(5) A municipal corporation.
(6) Agricultural land which is acquired by a trust company or
bank in
a fiduciary capacity or as a trustee for a nonprofit
corporation.
(7) Agricultural land owned or leased or held under a lease
purchase
agreement as described in K.S.A. 12-1741, and amendments thereto,
by
a corporation, corporate partnership, limited corporate partnership
or
trust on the effective date of this act if: (A) Any such entity
owned or
leased such agricultural land prior to July 1, 1965, provided such
entity
shall not own or lease any greater acreage of agricultural land
than it
owned or leased prior to the effective date of this act unless it
is in com-
pliance with the provisions of this act; (B) any such entity was in
compli-
ance with the provisions of K.S.A. 17-5901 prior to its repeal by
this act,
provided such entity shall not own or lease any greater acreage of
agri-
cultural land than it owned or leased prior to the effective date
of this act
unless it is in compliance with the provisions of this act, and
absence of
evidence in the records of the county where such land is located of
a
judicial determination that such entity violated the provisions of
K.S.A.
17-5901 prior to its repeal shall constitute proof that the
provisions of this
act do not apply to such agricultural land, and that such entity
was in
compliance with the provisions of K.S.A. 17-5901 prior to its
repeal; or
(C) any such entity was not in compliance with the provisions of
K.S.A.
17-5901 prior to its repeal by this act, but is in compliance with
the
provisions of this act by July 1, 1991.
(8) Agricultural land held or leased by a corporation or a
limited li-
ability company for use as a feedlot, a poultry confinement
facility or
rabbit confinement facility.
(9) Agricultural land held or leased by a corporation for the
purpose
of the production of timber, forest products, nursery products or
sod.
(10) Agricultural land used for bona fide educational research
or sci-
entific or experimental farming.
(11) Agricultural land used for the commercial production and
con-
ditioning of seed for sale or resale as seed or for the growing of
alfalfa by
an alfalfa processing entity if such land is located within 30
miles of such
entity's plant site.
(12) Agricultural land owned or leased by a corporate
partnership or
limited corporate partnership in which the partners associated
therein are
either natural persons, family farm corporations, authorized farm
corpo-
rations, limited liability agricultural companies, family trusts,
authorized
trusts or testamentary trusts.
(13) Any corporation, either domestic or foreign, or any
limited lia-
bility company, organized for coal mining purposes which engages
in
farming on any tract of land owned by it which has been strip mined
for
coal.
(14) Agricultural land owned or leased by a limited
partnership prior
to the effective date of this act.
(15) Except as provided by K.S.A. 17-5908 and
amendments thereto,
as it existed before the effective date of this act, and section
38, agricultural
land held or leased by a corporation or a limited liability company
for use
as a swine production facility in any county which, before the
effective
date of this act, has voted favorably pursuant to K.S.A.
17-5908 and
amendments thereto, as it existed before the
effective date of this act,
either by county resolution or by the electorate.
(16) Agricultural land held or leased by a corporation or
limited lia-
bility company for use as a swine production facility in any
county where
the voters, after the effective date of this act, have voted
pursuant to K.S.A.
17-5908, and amendments thereto, to allow establishment of swine
pro-
duction facilities within the county.
(16) (17) Agricultural land held or
leased by a corporation or a limited
liability company for use as a dairy production facility in any
county which
has voted favorably pursuant to K.S.A. 17-5907 and amendments
thereto,
either by county resolution or by the electorate.
(17) (18) Agricultural land held or
leased by a corporation or a limited
liability company used in a hydroponics setting.
(b) Production contracts entered into by a corporation, trust,
limited
liability company, limited partnership or corporate partnership and
a per-
son engaged in farming for the production of agricultural products
shall
not be construed to mean the ownership, acquisition, obtainment or
lease,
either directly or indirectly, of any agricultural land in this
state.
(c) Any corporation, trust, limited liability company, limited
partner-
ship or corporate partnership, other than a family farm
corporation, au-
thorized farm corporation, limited liability agricultural company,
family
farm limited liability agricultural company, limited agricultural
partner-
ship, family trust, authorized trust or testamentary trust,
violating the
provisions of this section shall be subject to a civil penalty of
not more
than $50,000 and shall divest itself of any land acquired in
violation of
this section within one year after judgment is entered in the
action. The
district courts of this state may prevent and restrain violations
of this
section through the issuance of an injunction. The attorney general
or
district or county attorney shall institute suits on behalf of the
state to
enforce the provisions of this section.
(d) Civil penalties sued for and recovered by the attorney
general
shall be paid into the state general fund. Civil penalties sued for
and
recovered by the county attorney or district attorney shall be paid
into
the general fund of the county where the proceedings were
instigated.
Sec. 45. K.S.A. 17-5908 is hereby amended to read as
follows: 17-
5908. (a) (1) The board of county commissioners,
by resolution, may per-
mit a submit to the qualified voters of the
county a proposition to allow
swine production facility facilities, as
defined in K.S.A. 17-5903, and
amendments thereto, to be established within the county.
Such resolution
shall be published once each week for two consecutive weeks
in the of-
ficial county newspaper. The resolution shall take effect
60 days after final
publication unless a valid petition in opposition to the
same is filed.
(2) If within 60 days of the final publication of the
resolution, a valid
protest petition to submit the resolution to the qualified
voters of the
county is signed by qualified electors of the county equal
in number to
not less than 5% of the electors of the county who voted
for the office of
secretary of state at the last preceding general election
at which such
office was elected and is filed with the county election
officer Upon adop-
tion of such resolution, the county election officer shall
submit the ques-
tion of whether a swine production
facility facilities shall be allowed to
be established in such county at the next state or county-wide
regular or
special election.
(b) (1) The board of county commissioners, upon a
petition filed in
accordance with paragraph (b)(2), shall submit to the qualified
electors
voters of the county a proposition to permit
a allow swine production
facility facilities, as defined in K.S.A.
17-5903, and amendments thereto,
to be established within the county.
(2) A petition to submit a proposition to the qualified voters
of a
county pursuant to this section subsection
(b) shall be filed with the county
election officer. The petition shall be signed by qualified
electors voters
of the county equal in number to not less than 5% of the
electors voters
of the county who voted for the office of secretary of state at the
last
preceding general election at which such office was elected. The
following
shall appear on the petition:
``We request an election to determine whether a
corporate swine pro-
duction facility facilities shall be
allowed to be established in ________________________
county, pursuant to K.S.A. 17-5904.''
(3) Upon the submission of a valid petition calling for an
election
pursuant to this subsection, the county election officer shall
submit the
question of whether a swine production
facility facilities shall be allowed
to be established in such county at the next state or county-wide
regular
or special election which occurs more than 60 days after the
petition is
filed with the county election officer.
(c) If a majority of the votes cast and counted are in
opposition to
allowing swine production facilities to be established in such
county, the
county election officer shall transmit a copy of the result to the
secretary
of state who shall publish in the Kansas register the result of
such election
and that swine production facilities are not allowed to be
established in
such county.
(d) If a majority of the votes cast and counted is in favor of
the prop-
osition, the county election officer shall transmit a copy of the
result to
the secretary of state who shall publish in the Kansas register the
result
of such election and that swine production facilities are allowed
to be
established in such county.
(e) The election provided for by this section shall be
conducted, and
the votes counted and canvassed, in the manner provided by law
for
question submitted elections of the county, except that the
county election
officer shall publish in the official county newspaper a notice
of such
election once each week for two consecutive weeks, the first
publication
to be not less than 21 days before the election, and such notice
shall state
the date and time of the election and the proposition that will
appear on
the ballot.
Sec. 46. K.S.A. 2-1915 is hereby amended to read as
follows: 2-1915.
(a) Appropriations may be made for grants out of funds in the
treasury
of this state for terraces, terrace outlets, check dams, dikes,
ponds,
ditches, critical area planting, grassed waterways, tailwater
recovery irri-
gation systems, precision land forming, range seeding, detention
and
grade stabilization structures and other enduring water
conservation prac-
tices installed on public lands and on privately owned lands.
Except as
provided by the multipurpose small lakes program act, any such
grant
shall not exceed 80% of the total cost of any such practice.
(b) A program for protection of riparian and wetland areas
shall be
developed by the state conservation commission and implemented by
the
conservation districts. The conservation districts shall prepare
district pro-
grams to address resource management concerns of water quality,
erosion
and sediment control and wildlife habitat as part of the
conservation dis-
trict long-range and annual work plans. Preparation and
implementation
of conservation district programs shall be accomplished with
assistance
from appropriate state and federal agencies involved in resource
man-
agement.
(c) Subject to the provisions of K.S.A. 2-1919, and
amendments
thereto, any holder of a water right, as defined by subsection (g)
of K.S.A.
82a-701, and amendments thereto, who is willing to voluntarily
return all
or a part of the water right to the state shall be eligible for a
grant not to
exceed 80% of the total cost of the purchase price for such water
right.
The state conservation commission shall administer this cost-share
pro-
gram with funds appropriated by the legislature for such purpose.
The
chief engineer shall certify to the state conservation commission
that any
water right for which application for cost-share is received under
this
section is eligible in accordance with the criteria established in
K.S.A. 2-
1919, and amendments thereto.
(d) (1) Subject to appropriation acts therefor, the
state conservation
commission shall develop the Kansas water quality buffer
initiative for
the purpose of restoring riparian areas using best management
practices.
The executive director of the state conservation commission
shall ensure
that the initiative is complementary to the federal conservation
reserve
program.
(2) There is hereby created in the state treasury the
Kansas water
quality buffer initiative fund. All expenditures from such fund
shall be
made in accordance with appropriation acts upon warrants of the
director
of accounts and reports issued pursuant to vouchers approved by
the
executive director of the state conservation commission or the
executive
director's designee. Money credited to the fund shall be used
for the pur-
pose of making grants to install water quality best management
practices
pursuant to the initiative.
(3) The county or district appraiser shall identify and map
riparian
buffers consisting of at least one contiguous acre per parcel of
real prop-
erty located in the appraiser's county. Notwithstanding any
other provi-
sions of law, riparian buffers shall be valued by the county or
district
appraiser as tame grass land, native grass land or waste land,
as appro-
priate. As used in this subsection (3), ``riparian buffer''
means an area of
stream-side vegetation that: (A) Consists of tame or native
grass and may
include forbs and woody plants; (B) is located along a perennial
or inter-
mittent stream, including the stream bank and adjoining
floodplain; and
(C) is a minimum of 66 feet wide and a maximum of 150 feet
wide.
(d) (e) The state conservation
commission shall adopt rules and reg-
ulations to administer such grant and protection programs.
(e) (f) Any district is authorized to
make use of any assistance what-
soever given by the United States, or any agency thereof, or
derived from
any other source, for the planning and installation of such
practices. The
state conservation commission may enter into agreements with
other state
and federal agencies to implement the Kansas water quality
buffer initia-
tive.
Sec. 47. K.S.A. 2-1915, 2-3302, 2-3305, 2-3307, 17-5908,
74-5065,
79-32,117 and 79-32,117i and K.S.A. 1997 Supp. 17-5904, 19-101a,
47-
1219, 65-171d, 74-5066, 74-8902 and 74-8905 are hereby
repealed.
Sec. 48. Upon expiration of the provisions of sections 1
through 29
and 37 pursuant to section 30, K.S.A. 2-3302, as amended by section
23
of this act, 2-3305, as amended by section 25 of this act, 2-3307,
as
amended by section 26 of this act, and 79-32,117, as amended by
section
29 of this act, and K.S.A. 1997 Supp. 47-1219, as amended by
section 27
of this act, and 65-171d, as amended by section 1 of this act, are
hereby
repealed.
Sec. 49. This act shall take effect and be in force from
and after its
publication in the Kansas register.
Approved April 27, 1998
Published in the Kansas Registers May 7, 1998
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