2-3710


Chapter 2.--AGRICULTURE


Article 37.--ENVIRONMENTAL REMEDIATION

     
2-3710.   Same; powers and duties.
The board shall have the following powers, duties and
functions:

     
(a)   Administer the fund and the remediation reimbursement program.

     
(b)   Subject to K.S.A. 2-3701 through 2-3714, and amendments
thereto, adopt rules and
regulations concerning the terms and
conditions of any
reimbursements from the fund.

     
(c)   Adopt rules and regulations establishing, for purposes of the remediation
linked deposit loan program and the remediation reimbursement program, criteria
for classification and prioritization of
properties where contamination was caused by a release of agricultural or
specialty chemicals, or
both. Classification and prioritization may account for the criteria contained
in Kansas department
of health and environment's voluntary clean up and property redevelopment
program and state cooperator program.

     
(d)   Establish operating standards and procedures which shall include, but not
be limited to, the following:

     
(1)   With respect to the remediation linked deposit loan program, provisions
governing board approval of projects for which applications for loans may be
made;

     
(2)   with respect to the remediation reimbursement program, provisions
governing application procedures, determination of eligible
corrective action costs, determination of ineligible corrective costs and
reimbursement or payment of
eligible corrective action costs; and

     
(3)   with respect to both programs, provisions governing conflicts of
interest,
appeals procedures, review and priority determinations and
enforcement of the provisions of K.S.A. 2-3701 through 2-3714, and
amendments thereto.

     
(e)   Appoint or contract for qualified administrative services subject to the
limitation that
expenditures from the fund for the administrative expenses of the board and the
programs established
by K.S.A. 2-3701 through 2-3714, and amendments thereto, shall not
exceed $150,000 in
any fiscal year.

     
(f)   Annually provide an independent audit of the fund.

     
(g)   On or before February 1 of each year, submit to the governor, the senate
standing
committee on energy and natural resources and the house standing committee on
environment an
annual report of the activities and reimbursements for which money from the
fund has been
expended during the previous fiscal year, including a copy of the independent
audit.

     
History:   L. 2000, ch. 82, § 10; July 1.