12-1770a.   Definitions.As used in this act, and amendments thereto, thefollowing words and phrases shall have the following meanings unless adifferent meaning clearly appears from the content:

      (a)   "Auto race track facility" means: (1) An auto race track facility andfacilities directly related and necessary to the operation of an auto racetrack facility, including, but not limited to, grandstands, suites and viewingareas, concessions, souvenir facilities, catering facilities, visitor andretail centers, signage and temporary hospitality facilities, but excluding (2)hotels, motels, restaurants and retail facilities, not directly related to ornecessary to the operation of such facility.

      (b)   "Base year assessed valuation" means the assessed valuation of all realproperty within the boundaries of a redevelopment district on the date theredevelopment district was established.

      (c)   "Blighted area" means an area which:

      (1)   Because of the presence of a majority of the following factors,substantially impairs or arrests the development and growth of the municipalityor constitutes an economic or social liability or is a menace to the publichealth, safety, morals or welfare in its present condition and use:

      (A)   A substantial number of deteriorated or deteriorating structures;

      (B)   predominance of defective or inadequate street layout;

      (C)   unsanitary or unsafe conditions;

      (D)   deterioration of site improvements;

      (E)   tax or special assessment delinquency exceeding the fair market value ofthe real property;

      (F)   defective or unusual conditions of title including but not limited tocloudy or defective titles, multiple or unknown ownership intereststo the property;

      (G)   improper subdivision or obsolete platting or land uses;

      (H)   the existence of conditions which endanger life or property by fire orother causes; or

      (I)   conditions which create economic obsolescence; or

      (2)   has been identified by any state or federal environmental agency as beingenvironmentally contaminated to an extent that requires a remedialinvestigation; feasibility study and remediation or other similar state orfederal action; or

      (3)   a majority of the property is a 100-year floodplain area; or

      (4)   previously was found by resolution of the governing body to be a slumora blighted area under K.S.A. 17-4742 et seq.,and amendments thereto.

      (d)   "Conservation area" means any improved area comprising 15% or less of theland area within the corporate limits of a city in which 50% or more of thestructures in the area have an age of 35 years or more, which area is not yetblighted, but may become a blighted area due to the existence of a combinationof two or more of the following factors:

      (1)   Dilapidation, obsolescence or deterioration of the structures;

      (2)   illegal use of individual structures;

      (3)   the presence of structures below minimum code standards;

      (4)   building abandonment;

      (5)   excessive vacancies;

      (6)   overcrowding of structures and community facilities; or

      (7)   inadequate utilities and infrastructure.

      (e)   "De minimus" means an amount less than 15% of the land area within aredevelopment district.

      (f)   "Developer" means any person, firm, corporation, partnership or limitedliability company, other than a city and other than an agency, politicalsubdivision or instrumentality of the state or a county when relating to abioscience development district.

      (g)   "Eligible area" means a blighted area, conservation area, enterprisezone, intermodal transportation area, majortourism area or a majorcommercial entertainment and tourism area or bioscience development area.

      (h)   "Enterprise zone" means an area within a city that was designated as anenterprise zone prior to July 1, 1992, pursuant to K.S.A. 12-17,107 through12-17,113, and amendments thereto, prior to its repeal and the conservation,development or redevelopment of the area is necessary to promote the generaland economic welfare of such city.

      (i)   "Environmental increment" means the increment determined pursuant tosubsection (b) of K.S.A. 12-1771a, and amendments thereto.

      (j)   "Environmentally contaminated area" means an area of land havingcontaminated groundwater or soil which is deemed environmentally contaminatedby the department of health and environment or the United States environmentalprotection agency.

      (k) (1)   "Feasibility study" means:

      (A)   A study which shows whether a redevelopment project's or biosciencedevelopment project's benefits and tax incrementrevenue and other available revenues under subsection (a)(1) of K.S.A. 12-1774,and amendments thereto, are expected to exceed or be sufficient to pay for theredevelopment or bioscience development project costs; and

      (B)   the effect, if any, the redevelopment project costs or biosciencedevelopment project will have on any outstandingspecial obligation bonds payable from the revenues described insubsection (a)(1)(D) of K.S.A.12-1774, and amendments thereto.

      (2)   For a redevelopment project or bioscienceproject financed by bonds payable from revenues described insubsection (a)(1)(D) of K.S.A. 12-1774, andamendments thereto, the feasibility study must also include:

      (A)   A statement of how the taxes obtained from theproject willcontribute significantly to the economic development of the jurisdiction inwhich the project is located;

      (B)   a statement concerning whether a portion of the localsales and use taxesare pledged to other usesand are unavailable as revenue for the redevelopment project. If a portion oflocalsales and use taxes is so committed, the applicant shall describe thefollowing:

      (i)   The percentage of sales and use taxes collected that are so committed;and

      (ii)   the date or dates on which the local sales and use taxes pledged toother uses can be pledged forrepayment of special obligation bonds;

      (C)   an anticipated principal and interest payment scheduleon the bonds;

      (D)   following approval of the redevelopment plan, thefeasibility study shall be supplemented to include a copy ofthe minutes of the governing body meeting or meetings of any city whose bondingauthority will be utilized in the project, evidencing that a redevelopment planhas been created, discussed, and adopted by the city in a regularly scheduledopen public meeting; and

      (E)   the failure to include all information enumerated in thissubsection in the feasibility study for a redevelopment orbioscience project shall not affect the validity of bonds issued pursuant tothis act.

      (l)   "Major tourism area" means an area for which the secretaryhas made a finding the capital improvements costing not less than $100,000,000will be built in the state to construct an auto race track facility.

      (m)   "Real property taxes" means all taxes levied on an advalorem basis uponland and improvements thereon, except that when relating to a biosciencedevelopment district, as defined in this section, "real property taxes" doesnot include property taxes levied for schools, pursuant to K.S.A. 72-6431, andamendments thereto.

      (n)   "Redevelopment project area" means an areadesignatedby a city within a redevelopment district or, if the redevelopment districtis established for an intermodal transportation area, an area designated by acity within or outside of the redevelopment district.

      (o)   "Redevelopment project costs" means: (1) Thosecosts necessary to implement a redevelopment project plan or a biosciencedevelopment project plan, including costs incurred for:

      (A)   Acquisition of property within the redevelopmentproject area;

      (B)   payment of relocation assistance pursuant to arelocation assistanceplan as provided in K.S.A. 12-1777, and amendments thereto;

      (C)   site preparation including utility relocations;

      (D)   sanitary and storm sewers and lift stations;

      (E)   drainage conduits, channels, levees and river walkcanal facilities;

      (F)   street grading, paving, graveling, macadamizing,curbing, guttering and surfacing;

      (G)   street light fixtures, connection and facilities;

      (H)   underground gas, water, heating and electrical servicesand connections located within the public right-of-way;

      (I)   sidewalks and pedestrian underpasses or overpasses;

      (J)   drives and driveway approaches located within thepublic right-of-way;

      (K)   water mains and extensions;

      (L)   plazas and arcades;

      (M)   major multi-sport athletic complex;

      (N)   museum facility;

      (O)   parking facilities including multilevel parkingfacilities;

      (P)   landscaping and plantings, fountains, shelters,benches, sculptures, lighting, decorations and similar amenities;

      (Q)   related expenses to redevelop and finance theredevelopmentproject;

      (R)   for purposes of an incubator project, such costs shall also includewet lab equipment including hoods, lab tables, heavy water equipment and allsuch other equipment found to be necessary or appropriate for a commercialincubator wet lab facility by the city in its resolution establishing suchredevelopment district or a bioscience development district; and

      (S)   costs for the acquisition of land for and the construction andinstallation of publicly-owned infrastructure improvements which serve anintermodaltransportation area and are located outside of a redevelopment district.

      (2)   Redevelopment project costs shall not include: (A) Costsincurred in connection with the construction of buildings or other structuresto be owned by or leased to a developer, however, the "redevelopment projectcosts" shall include costs incurred in connection with the construction ofbuildings or other structures to be owned or leased to a developer whichincludes an auto race track facility or a multilevel parking facility.

      (B)   In addition, for a redevelopment project financed with specialobligation bonds payable from the revenues described insubsection (a)(1)(D) of K.S.A. 12-1774, andamendments thereto, redevelopment projectcosts shall not include:

      (i)   Fees and commissions paid to developers, realestate agents,financial advisors or any other consultants who represent the developers orany other businesses considering locating in or located in aredevelopment district;

      (ii)   salaries for local government employees;

      (iii)   moving expenses for employees of the businesseslocating within the redevelopment district;

      (iv)   property taxes for businesses that locate in theredevelopment district;

      (v)   lobbying costs;

      (vi)   a bond origination fee charged by the city pursuant toK.S.A. 12-1742, and amendments thereto;

      (vii)   any personal property,as defined inK.S.A. 79-102, and amendments thereto; and

      (viii)   travel, entertainment and hospitality.

      (p)   "Redevelopment district" means the specific areadeclared to be an eligible area in which the city may develop one or moreredevelopment projects.

      (q)   "Redevelopment district plan" or "district plan" meansthe preliminary plan that identifies all of the proposed redevelopment projectareas and identifies in a general manner all of the buildings, facilities andimprovements in each that are proposed to be constructed or improved in eachredevelopment project area or, if the redevelopment district is establishedfor an intermodal transportation area, in or outside of the redevelopmentdistrict.

      (r)   "Redevelopment project" means the approved project toimplement a project plan for the development of the established redevelopmentdistrict.

      (s)   "Redevelopment project plan" means the plan adopted bya municipality for the development of a redevelopment project or projects whichconforms with K.S.A. 12-1772, and amendments thereto, in a redevelopmentdistrict.

      (t)   "Substantial change" means, as applicable, a changewherein the proposed plan or plans differ substantially from the intendedpurpose for which the district plan or project plan was approved.

      (u)   "Tax increment" means that amount of real propertytaxes collected from real property located within the redevelopment districtthat is in excess of the amount of real property taxes which is collected fromthe base year assessed valuation.

      (v)   "Taxing subdivision" means the county, city, unifiedschool district and any other taxing subdivision levying real property taxes,the territory or jurisdiction of which includes any currently existing orsubsequently created redevelopment district including a bioscience developmentdistrict.

      (w)   "River walk canal facilities" means a canal and relatedwater features which flows through aredevelopment district andfacilities related or contiguousthereto, including, but not limited to pedestrian walkways and promenades,landscaping and parking facilities.

      (x)   "Major commercial entertainment and tourism area" mayinclude, but not be limited to, a major multi-sport athletic complex.

      (y)   "Major multi-sport athletic complex" means an athleticcomplex that is utilizedfor the training of athletes, the practice of athletic teams, the playing ofathletic games or thehosting of events. Such project may include playing fields, parking lots andother developmentsincluding grandstands, suites and viewing areas, concessions, souvenirfacilities, cateringfacilities, visitor centers, signage and temporary hospitality facilities, butexcluding hotels,motels, restaurants and retail facilities, not directly related to or necessaryto the operation ofsuch facility.

      (z)   "Bioscience" means the use of compositions, methodsand organisms in cellular and molecular research, development and manufacturingprocesses for such diverse areas as pharmaceuticals, medical therapeutics,medical diagnostics, medical devices, medical instruments, biochemistry,microbiology, veterinary medicine, plant biology, agriculture, industrialenvironmental and homeland security applications of bioscience and futuredevelopments in the biosciences. Bioscience includes biotechnology and lifesciences.

      (aa)   "Bioscience development area" means an area that:

      (1)   Is or shall be owned, operated, or leased by, or otherwise under thecontrol of the Kansas bioscience authority;

      (2)   is or shall be used and maintained by a bioscience company; or

      (3)   includes a bioscience facility.

      (bb)   "Bioscience development district" means the specificarea, created under K.S.A. 12-1771, and amendments thereto, where one or morebioscience development projects may be undertaken.

      (cc)   "Bioscience development project" means an approvedproject to implement a project plan in a bioscience development district.

      (dd)   "Bioscience development project plan" means the planadopted by the authority for a bioscience development project pursuant toK.S.A. 12-1772, and amendments thereto, in a bioscience development district.

      (ee)   "Bioscience facility" means real property and allimprovements thereof used to conduct bioscience research, including, withoutlimitation, laboratory space, incubator space, office space and any and allfacilities directly related and necessary to the operation of a biosciencefacility.

      (ff)   "Bioscience project area" means an area designated bythe authority within a bioscience development district.

      (gg)   "Biotechnology" means those fields focusing ontechnological developments in such areas as molecularbiology, genetic engineering, genomics, proteomics, physiomics, nanotechnology,biodefense, biocomputing, bioinformatics and future developments associatedwith biotechnology.

      (hh)   "Board" means the board of directors of the Kansasbioscience authority.

      (ii)   "Life sciences" means the areas of medical sciences,pharmaceutical sciences, biological sciences, zoology, botany, horticulture,ecology, toxicology, organic chemistry, physical chemistry, physiology and anyfuture advances associated with life sciences.

      (jj)   "Revenue increase" means that amount of real propertytaxes collected from real property located within the bioscience developmentdistrict that is in excess of the amount of real property taxes which iscollected from the base year assessed valuation.

      (kk)   "Taxpayer" means a person, corporation, limitedliability company, S corporation, partnership, registered limited liabilitypartnership, foundation, association, nonprofit entity, sole proprietorship,business trust, group or other entity that is subject to the Kansas income taxact, K.S.A. 79-3201 et seq., and amendments thereto.

      (ll)   "Floodplain increment" means the increment determinedpursuant to subsection (b) ofK.S.A. 2009 Supp.12-1771e, and amendmentsthereto.

      (mm)   "100-year floodplain area" means an area of landexisting in a 100-year floodplain as determined by either an engineering studyof a Kansas certified engineer or by the United States federal emergencymanagement agency.

      (nn)   "Major motorsports complex" means a complex inShawnee county that is utilized for the hosting of competitions involving motorvehicles, including, but not limited to, automobiles, motorcycles or otherself-propelled vehicles other than a motorized bicycle or motorized wheelchair.Such project may include racetracks, all facilities directly related andnecessary to the operation of a motorsports complex, including, but not limitedto, parking lots, grandstands, suites and viewing areas, concessions, souvenirfacilities, catering facilities, visitor and retail centers, signage andtemporary hospitality facilities, but excluding hotels, motels, restaurants andretail facilities not directly related to or necessary to the operation of suchfacility.

      (oo)   "Intermodal transportation area" means an area of not less than 800acres to be developed primarily to handle the transfer, storage anddistribution of freight through railway and trucking operations.

      (pp)   "Museum facility" means a separate newly-constructed museum buildingandfacilities directly related and necessary to the operation thereof, includinggift shops andrestaurant facilities, but excluding hotels, motels, restaurants and retailfacilities not directlyrelated to or necessary to the operation of such facility. The museum facilityshall be owned bythe state, a city, county, other political subdivision of the state or anon-profit corporation, shallbe managed by the state, a city, county, other political subdivision of thestate or a non-profitcorporation and may not be leased to any developer and shall not be locatedwithin any retail orcommercial building.

      History:   L. 1999, ch. 83, § 1;L. 2001, ch. 103, § 2;L. 2003, ch. 97, § 1;L. 2003, ch. 154, § 3;L. 2004, ch. 112, § 25;L. 2004, ch. 173, § 5;L. 2005, ch. 132, § 1;L. 2005, ch. 186, § 7;L. 2007, ch. 179, § 22; July 1.