2-3713.   Same; amounts.(a) Subject to the provisions of K.S.A. 2-3712, and amendmentsthereto, there ishereby imposed environmental assessments as follows:

      (1)   An annual assessment of $100 to be paid by each custom blender requiredto be licensedpursuant to K.S.A. 2-1201a, and amendments thereto. Such assessment shall bepaid to the secretaryof agriculture by the custom blender at the time and in the manner provided bylaw for payment ofthe custom blender's license fee.

      (2)   An annual assessment of $20 for each commercial fertilizer required to beregisteredpursuant to K.S.A. 2-1202, and amendments thereto. Such assessment shall bepaid to the secretary of agriculture by the applicant for registration at thetime and in the manner provided by law forpayment of the registration fee for the commercial fertilizer.

      (3)   An annual assessment of $60 for each agricultural chemical required to beregisteredpursuant to K.S.A. 2-2204, and amendments thereto, other than an agriculturalchemical classified asan antimicrobialpesticide,as defined by 7 U.S.C. §136(mm).Such assessment shall bepaid to the secretaryof agriculture by the applicant for registration at the time and in the mannerprovided by law forpayment of the registration fee for the agricultural chemical.

      (4)   An annual assessment to be paid by each pesticide dealerrequiredto be registeredpursuant to K.S.A. 2-2469, and amendments thereto. If the annual sales ofpesticides from the previous year by a pesticide dealer from a businesslocation are less than $2,500, the annual assessment shall be $5. If the annualsales of pesticides from the previous year by a pesticide dealer from abusiness location are equal to or greater than $2,500, the annual assessmentshall be $80. Such assessment shall bepaid to the secretaryof agriculture by the pesticide dealer at the time and in the manner providedby law for payment ofthe dealer's registration fee.

      (5)   An annual assessment of $.0005 per bushel of storage capacity of eachpublic warehouserequired to be licensed pursuant to K.S.A. 34-228, and amendments thereto, orpursuant to thefederal warehouse act. Such assessment shall be paid to the secretary of agriculture by the applicantfor licensure at the time and in the manner provided by law for payment of the warehouse licensefee.

      (6)   An annual assessment of $.0005 per bushel of storage capacity of eachpublic warehousein this state that is licensed pursuant to the United States warehouse act.Such assessment shall bepaid to the secretary of agriculture by the licensee on or before August 31 ofeach year.

      (7)   An annual assessment of $1,000 to be paid by the responsible party fora site that has been sold or leased but where the seller or lessor stillretains responsibility for cleaning up the site. Such assessment shall be paidto the secretary of agriculture by the responsible party on or before September30 of each year.

      (b)   The secretary of agriculture shall remit to the state treasurer allmoneys collected by thesecretary from assessments paid pursuant to this section. The state treasurershall deposit the entireamount of the remittance in the state treasury and credit it to the fund.

      (c)   The secretary of agriculture shall adopt rules and regulationsestablishing procedures for payment and collection of all environmentalassessments.

      (d)   The secretary of agriculture shall have the authority to reimburse orrefund a person if an error occurred in the payment of an assessment.

      (e)   For a remediated site to be eligible for reimbursement undersubsection (b)(1) of K.S.A. 2-3708, and amendments thereto, all applicableenvironmental assessments must be paid for such site.

      History:   L. 2000, ch. 82, § 13; L. 2001, ch. 47, § 1;L. 2008, ch. 6, § 2; July 1.