12-5401.   Asbestos in buildings; determination of existence; issuanceof bonds authorized, protest petition; technical assistance by secretary ofhealth and environment; definitions.(a) When the governing body of any municipalitydetermines that asbestos-containing material iscontained in any of itsbuildings and that itis necessary to undertake an asbestos control project,the governing body may issue and sell general obligation bonds of the municipality forpayment of the costs of such project.

      (b)   No bonds shall be issued or sold under authority of this sectionuntil a resolution authorizing the issuance and sale of such bonds isadopted by the governing body and published once a week for twoconsecutive weeks in a newspaper having general circulation in themunicipality. The resolution shall specify the purpose for which bonds are tobe issued and the estimated amount thereof. After adoption of theresolution, the bonds may be issued and sold unless, within 30 daysfollowing the last publication of the resolution, a petition in oppositionto issuance of the bonds, signed by not less than 10% of the qualifiedelectors of the municipality, is filed with the governing body of themunicipality. If a petition is filed, thebonds shall not be issued without the question of issuing the same havingbeen submitted to and approved by a majority of the qualified electors ofthe municipality voting at an election which shall be called for thatpurpose or at the next general election. If a special election is called,the governing body shall give notice thereof in the manner prescribedin K.S.A. 10-120, and amendments thereto, and the election shall be held inaccordance with the provisions of the general bond law. No action shall bebrought in any court to contest the validity of any election held underthis section, nor to contest any of the proceedings preliminary thereto,except within 90 days immediately following the certification of theresults of the election.

      (c)   Bonds issued under authority of this section shall not be subject toany bonded indebtedness limitations nor shall the bonds be considered indetermining the bonded indebtedness of any municipality. In lieu ofbonds, temporary notes may be issued under K.S.A. 10-123, and amendmentsthereto, and the notes may, at the option of the governing body, beretired by tax levies made under K.S.A. 10-113, and amendments thereto.

      (d)   No municipality shall accept a bid for the removal orencapsulation of asbestos-containing material from any person orbusiness entity which does nothold a certificate or license issued by the secretary of health andenvironment and authorizing the person or business entity to engage in theremoval or encapsulation of such material as provided by article 53 ofchapter 65 of Kansas Statutes Annotated.

      (e)   The secretary of health and environment shall provide, uponrequest, technical assistance to municipalities in performing asbestosexposure assessments and in selecting appropriate asbestos control projects.

      (f)   As used in this section:

      (1)   "Municipality" means a municipality as defined by K.S.A. 10-1101,and amendments thereto;

      (2)   "governing body" means a governing body as defined by K.S.A.10-1101, and amendments thereto;

      (3)   "asbestos control project" means any activity which is necessaryor incidental to the control of asbestos-containing material inbuildings of municipalities and includes, but not by way of limitation, anyactivity undertaken for the removal or encapsulation ofasbestos-containing material, for any remodeling, renovation, replacement,rehabilitation or other restoration necessitated by such removal orencapsulation, for conducting inspections, reinspections and periodicsurveillance of buildings, performing response actions, and developing,implementing and updating operations and maintenance programs and management plans;

      (4)   "asbestos" means the asbestiform varieties of chrysotile(serpentine), crocidolite (riebeckite), amosite (cummingtonitegrunerite),anthophyllite, tremolite, and actinolite; and

      (5)   "asbestos-containing material" means any material or product whichcontains more than 1% asbestos.

      History:   L. 1985, ch. 68, § 1;L. 1988, ch. 82, § 1; April 14.