CHAPTER 31 SENATE BILL No. 122 An Act concerning asbestos control; amending K.S.A. 65-5302, 65-5303 and 65-5308 and
repealing the existing sections. Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 65-5302 is hereby amended to read as follows:
65-5302. (a) Except as otherwise provided in this act, no business entity
shall engage in an asbestos project unless the entity holds a license issued
by the secretary for that purpose.

(b) Except as provided in this subsection, The provisions of this act
do not apply to a business entity which uses its own employees in re-
moving or encapsulating asbestos for the purpose purposes of renovating,
maintaining or, repairing its or demolishing the entity's own facilities. A
business entity which is exempted from applicability of the provisions of
this act and which assigns an employee to remove or encapsulate asbestos
shall provide notification to the secretary in the manner prescribed by
the secretary of their intent to conduct such activities and shall provide
training on the health and safety aspects of the removal or encapsulation
including the federal and state standards applicable to asbestos projects.
The training program shall be available for inspection, review and ap-
proval by the secretary.

Sec. 2. K.S.A. 65-5303 is hereby amended to read as follows: 65-
5303. The secretary shall administer the provisions of this act. In admin-
istering the provisions of this act, the secretary shall:

(a) Prescribe fees for the issuance and renewal of certificates and
licenses. The fees shall be based upon the amount of revenue determined
by the secretary to be required for proper administration of the provisions
of this act;

(b) conduct at least one on-site inspection annually on-site inspections
of procedures being utilized by a licensee for removing and encapsulating
asbestos during an actual asbestos project;

(c) inspect and approve asbestos disposal sites; and

(d) adopt rules and regulations necessary for the administration of
this act including, but not limited to, requirements, procedures and stan-
dards relating to asbestos projects as are necessary to protect the public
health and safety.

Sec. 3. K.S.A. 65-5308 is hereby amended to read as follows: 65-
5308. (a) Except as otherwise provided in this act, no individual person
shall engage in an asbestos project unless the person holds a certificate
issued by the secretary for that purpose.

(b) The provisions of this act do not apply to an individual person
who is an employee of a business entity which is exempted from the
provisions of this act by subsection (b) of K.S.A. 65-5302, and amend-
ments thereto.

(c) In order to qualify for a certificate, an individual person must have
successfully completed a basic course, approved by the secretary, on the
health and safety aspects of the removal and encapsulation of asbestos
including the federal and state standards applicable to asbestos projects,
and must have been examined by a physician within the preceding year
and declared by the physician to be physically capable of working while
wearing a respirator.

(d) In order to qualify for renewal of a certificate, an individual per-
son must have successfully completed an annual a review course approved
and within the period prescribed by the secretary and have been reex-
amined and approved by a physician as physically eligible for renewal of
the certificate.

(e) Applications for certificates and renewals shall be submitted to
the secretary on forms prescribed by the secretary and shall be accom-
panied by a fee prescribed by the secretary.

(f) A certificate expires shall expire one year from its effective date
unless it is renewed for a one-year term as provided by this section the
secretary establishes an alternative date by rules and regulations.

Sec. 4. K.S.A. 65-5302, 65-5303 and 65-5308 are hereby repealed.

Sec. 5. This act shall take effect and be in force from and after its
publication in the statute book.

Approved March 18, 1998

__________