2-3710

Chapter 2.--AGRICULTURE
Article 37.--ENVIRONMENTAL REMEDIATION

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

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

      (b)   Subject to K.S.A. 2-3701 through 2-3714, and amendmentsthereto, adopt rules andregulations concerning the terms andconditions of anyreimbursements from the fund.

      (c)   Adopt rules and regulations establishing, for purposes of the remediationlinked deposit loan program and the remediation reimbursement program, criteriafor classification and prioritization ofproperties where contamination was caused by a release of agricultural orspecialty chemicals, orboth. Classification and prioritization may account for the criteria containedin Kansas departmentof health and environment's voluntary clean up and property redevelopmentprogram and state cooperator program.

      (d)   Establish operating standards and procedures which shall include, but notbe limited to, the following:

      (1)   With respect to the remediation linked deposit loan program, provisionsgoverning board approval of projects for which applications for loans may bemade;

      (2)   with respect to the remediation reimbursement program, provisionsgoverning application procedures, determination of eligiblecorrective action costs, determination of ineligible corrective costs andreimbursement or payment ofeligible corrective action costs; and

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

      (e)   Appoint or contract for qualified administrative services subject to thelimitation thatexpenditures from the fund for the administrative expenses of the board and theprograms establishedby K.S.A. 2-3701 through 2-3714, and amendments thereto, shall notexceed $150,000 inany 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 senatestandingcommittee on energy and natural resources and the house standing committee onenvironment anannual report of the activities and reimbursements for which money from thefund has beenexpended during the previous fiscal year, including a copy of the independentaudit.

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