Article 1.--SECRETARY OF HEALTH AND ENVIRONMENT, ACTIVITIES
65-1,177.Same; commission on surface water qualitystandards; duties;report; revision or reinstatement of 1994 standards.(a) There is hereby created the Kansas special commission on surface waterquality standards. Within the limits of appropriations therefor, the commissionshall undertake the following activities:
(1) Investigate and evaluate the technical and scientific basis of the 1994surface water quality standards, including: (A) Stream designations useattainability analysis as required when compiling the 1996 Kansas WaterQuality Assessment 305(b) report pursuant to 33 U.S.C. 1315(b)(1)(D) or33 U.S.C. 1313(c)(2)(A); (B) low, high and yearly average flow impact criteria;and (C) scientific appropriateness of the criteria guidance of the UnitedStates Environmental Protection Agency and the department;
(2) evaluate whether the 1994 surface water quality standards, including theuse designations, surface water chemical and microbial criteria and the "KansasSurface Water Register," as published by the department on June 20, 1994, arebased on sound scientific and technical data and information, whether suchstandards are more stringent than are required by federal law and those ofother midwestern and plains states, whether generally accepted criteria existfor evaluating the appropriateness and cost-effectiveness of the standard andwhether the department should be directed to make any changes in the standards;
(3) develop and recommend cost-benefit or risk assessment models for theevaluation of the impact of surface water quality standards on the variouselements of the environment, health and economy of Kansas, including but notlimited to human health, animal and plant species actually found or likely tobe reintroduced in Kansas waters, industry, agriculture and wastewatertreatment;
(4) assess the probability that designated uses contained in the surfacewater quality standards can be attained in a cost-effective and reasonablemanner when requirements are met;
(5) evaluate whether the 1994 surface water quality standards were adoptedin full compliance with the requirements of Kansas law in effect at the time ofadoption of the standards and whether the estimates of economic impactcompleted at the time accurately predicted the fiscal impact of the standardson communities facing compliance with the standards in 1997 and 1998;
(6) advise the governor, legislature and secretary of any revisions to the1994 surface water quality standards that are justified based on additionalscientific and technical information and data;
(7) advise the governor, legislature and secretary whether the department'sprocess of revising the 1994 surface water quality standards is in fullcompliance with federal and state law;
(8) advise the governor, legislature and secretary regarding the extentof the department's compliance with the provisions of 1996 House Resolution No.6013, concerning consultation with community officials on the impacts of the1994 surface water quality standards on the communities of the state; and
(9) recommend the adoption of any procedures that the commission deemsadvisable to ensure the collection and evaluation of scientific and technicalinformation necessary for the revision of the 1994 surface water qualitystandards in future years.
(b) In completing its study, the commission shall evaluate and advise thegovernor, legislature and secretary whether:
(1) There is reliable scientific documentation of the actual existence ofthe species that are designed to be protected by the special aquatic usedesignation contained in the 1994 surface water quality standards; and
(2) the special aquatic use designation and reduced mixing zone requirementscontained in the 1994 surface water quality standards are based on anyrecognized scientific data and models and whether there is an established andclear relationship between the presence of the regulated pollutants and theprotection or restoration of the targeted aquatic species.
(c) The commission shall consist of seven members appointed by the governor.All members shall serve at the pleasure of the governor. The term of office ofsuch members shall commence at the time of appointment until July 1, 1998, orunless the commission or the appointment is terminated by action of thegovernor on an earlier date. The chairperson of the commission shall beappointed by the governor from among the members of the commission. The staffof the department of health and environment, the Kansas department ofagriculture, the Kansas biological survey and the department of wildlife andparks shall cooperate with and assist the deliberations of the commission.
(d) Members of the commission shall have experience in one or more of thefollowing areas and disciplines: Environmental sciences; civil engineering;business and industry; public finance; municipal wastewater treatment;agriculture or agribusiness; environmental law; public health sciences; aquaticbiology; risk assessment; and cost benefit analysis. At least one member shallrepresent the general public. Except for faculty members of universities underthe supervision of the Kansas board of regents, no state officer or employeeshall serve on the commission.
(e) Before assuming office as a member of the commission, each personappointed as a member shall complete and file with the office of the secretaryof state:
(1) A statement containing the information required in a statement ofsubstantial interests pursuant to K.S.A. 46-247 and amendments thereto; and
(2) a list of citations of any publications written by the person.
(f) Within the limits of appropriations provided therefor, the commissionmay retain such consultants and temporary staff as the commission deemsnecessary to complete the commission's investigations and final report. Thesecretary of administration shall provide appropriate space for the meetings ofthe commission. Each member of the commission shall receive compensation,subsistence, mileage and expenses as provided by K.S.A. 75-3223 and amendmentsthereto.
(g) On or before January 1, 1998, the commission shall submit a preliminaryreport to the governor and the legislature. The commission shall submit a finalreport to the governor and the legislature on or before June 30, 1998. Thedepartment shall hold public hearings and accept public comment on thecommission's final report. After completion of the hearings and receipt of thecomments, the department shall develop and publish proposed rules andregulations on or before December 31, 1998, and shall adopt rules andregulations in accordance with the rules and regulations filing act. On andafter July 1, 1999, all stream designations and criteria contained in the 1994surface water quality standards shall be in full force and effect unlessotherwise revised by rules and regulations adopted by the secretary.
History: L. 1997, ch. 148, § 3;L. 2004, ch. 101, § 169; July 1.
Article 1.--SECRETARY OF HEALTH AND ENVIRONMENT, ACTIVITIES
65-1,177.Same; commission on surface water qualitystandards; duties;report; revision or reinstatement of 1994 standards.(a) There is hereby created the Kansas special commission on surface waterquality standards. Within the limits of appropriations therefor, the commissionshall undertake the following activities:
(1) Investigate and evaluate the technical and scientific basis of the 1994surface water quality standards, including: (A) Stream designations useattainability analysis as required when compiling the 1996 Kansas WaterQuality Assessment 305(b) report pursuant to 33 U.S.C. 1315(b)(1)(D) or33 U.S.C. 1313(c)(2)(A); (B) low, high and yearly average flow impact criteria;and (C) scientific appropriateness of the criteria guidance of the UnitedStates Environmental Protection Agency and the department;
(2) evaluate whether the 1994 surface water quality standards, including theuse designations, surface water chemical and microbial criteria and the "KansasSurface Water Register," as published by the department on June 20, 1994, arebased on sound scientific and technical data and information, whether suchstandards are more stringent than are required by federal law and those ofother midwestern and plains states, whether generally accepted criteria existfor evaluating the appropriateness and cost-effectiveness of the standard andwhether the department should be directed to make any changes in the standards;
(3) develop and recommend cost-benefit or risk assessment models for theevaluation of the impact of surface water quality standards on the variouselements of the environment, health and economy of Kansas, including but notlimited to human health, animal and plant species actually found or likely tobe reintroduced in Kansas waters, industry, agriculture and wastewatertreatment;
(4) assess the probability that designated uses contained in the surfacewater quality standards can be attained in a cost-effective and reasonablemanner when requirements are met;
(5) evaluate whether the 1994 surface water quality standards were adoptedin full compliance with the requirements of Kansas law in effect at the time ofadoption of the standards and whether the estimates of economic impactcompleted at the time accurately predicted the fiscal impact of the standardson communities facing compliance with the standards in 1997 and 1998;
(6) advise the governor, legislature and secretary of any revisions to the1994 surface water quality standards that are justified based on additionalscientific and technical information and data;
(7) advise the governor, legislature and secretary whether the department'sprocess of revising the 1994 surface water quality standards is in fullcompliance with federal and state law;
(8) advise the governor, legislature and secretary regarding the extentof the department's compliance with the provisions of 1996 House Resolution No.6013, concerning consultation with community officials on the impacts of the1994 surface water quality standards on the communities of the state; and
(9) recommend the adoption of any procedures that the commission deemsadvisable to ensure the collection and evaluation of scientific and technicalinformation necessary for the revision of the 1994 surface water qualitystandards in future years.
(b) In completing its study, the commission shall evaluate and advise thegovernor, legislature and secretary whether:
(1) There is reliable scientific documentation of the actual existence ofthe species that are designed to be protected by the special aquatic usedesignation contained in the 1994 surface water quality standards; and
(2) the special aquatic use designation and reduced mixing zone requirementscontained in the 1994 surface water quality standards are based on anyrecognized scientific data and models and whether there is an established andclear relationship between the presence of the regulated pollutants and theprotection or restoration of the targeted aquatic species.
(c) The commission shall consist of seven members appointed by the governor.All members shall serve at the pleasure of the governor. The term of office ofsuch members shall commence at the time of appointment until July 1, 1998, orunless the commission or the appointment is terminated by action of thegovernor on an earlier date. The chairperson of the commission shall beappointed by the governor from among the members of the commission. The staffof the department of health and environment, the Kansas department ofagriculture, the Kansas biological survey and the department of wildlife andparks shall cooperate with and assist the deliberations of the commission.
(d) Members of the commission shall have experience in one or more of thefollowing areas and disciplines: Environmental sciences; civil engineering;business and industry; public finance; municipal wastewater treatment;agriculture or agribusiness; environmental law; public health sciences; aquaticbiology; risk assessment; and cost benefit analysis. At least one member shallrepresent the general public. Except for faculty members of universities underthe supervision of the Kansas board of regents, no state officer or employeeshall serve on the commission.
(e) Before assuming office as a member of the commission, each personappointed as a member shall complete and file with the office of the secretaryof state:
(1) A statement containing the information required in a statement ofsubstantial interests pursuant to K.S.A. 46-247 and amendments thereto; and
(2) a list of citations of any publications written by the person.
(f) Within the limits of appropriations provided therefor, the commissionmay retain such consultants and temporary staff as the commission deemsnecessary to complete the commission's investigations and final report. Thesecretary of administration shall provide appropriate space for the meetings ofthe commission. Each member of the commission shall receive compensation,subsistence, mileage and expenses as provided by K.S.A. 75-3223 and amendmentsthereto.
(g) On or before January 1, 1998, the commission shall submit a preliminaryreport to the governor and the legislature. The commission shall submit a finalreport to the governor and the legislature on or before June 30, 1998. Thedepartment shall hold public hearings and accept public comment on thecommission's final report. After completion of the hearings and receipt of thecomments, the department shall develop and publish proposed rules andregulations on or before December 31, 1998, and shall adopt rules andregulations in accordance with the rules and regulations filing act. On andafter July 1, 1999, all stream designations and criteria contained in the 1994surface water quality standards shall be in full force and effect unlessotherwise revised by rules and regulations adopted by the secretary.
History: L. 1997, ch. 148, § 3;L. 2004, ch. 101, § 169; July 1.
Article 1.--SECRETARY OF HEALTH AND ENVIRONMENT, ACTIVITIES
65-1,177.Same; commission on surface water qualitystandards; duties;report; revision or reinstatement of 1994 standards.(a) There is hereby created the Kansas special commission on surface waterquality standards. Within the limits of appropriations therefor, the commissionshall undertake the following activities:
(1) Investigate and evaluate the technical and scientific basis of the 1994surface water quality standards, including: (A) Stream designations useattainability analysis as required when compiling the 1996 Kansas WaterQuality Assessment 305(b) report pursuant to 33 U.S.C. 1315(b)(1)(D) or33 U.S.C. 1313(c)(2)(A); (B) low, high and yearly average flow impact criteria;and (C) scientific appropriateness of the criteria guidance of the UnitedStates Environmental Protection Agency and the department;
(2) evaluate whether the 1994 surface water quality standards, including theuse designations, surface water chemical and microbial criteria and the "KansasSurface Water Register," as published by the department on June 20, 1994, arebased on sound scientific and technical data and information, whether suchstandards are more stringent than are required by federal law and those ofother midwestern and plains states, whether generally accepted criteria existfor evaluating the appropriateness and cost-effectiveness of the standard andwhether the department should be directed to make any changes in the standards;
(3) develop and recommend cost-benefit or risk assessment models for theevaluation of the impact of surface water quality standards on the variouselements of the environment, health and economy of Kansas, including but notlimited to human health, animal and plant species actually found or likely tobe reintroduced in Kansas waters, industry, agriculture and wastewatertreatment;
(4) assess the probability that designated uses contained in the surfacewater quality standards can be attained in a cost-effective and reasonablemanner when requirements are met;
(5) evaluate whether the 1994 surface water quality standards were adoptedin full compliance with the requirements of Kansas law in effect at the time ofadoption of the standards and whether the estimates of economic impactcompleted at the time accurately predicted the fiscal impact of the standardson communities facing compliance with the standards in 1997 and 1998;
(6) advise the governor, legislature and secretary of any revisions to the1994 surface water quality standards that are justified based on additionalscientific and technical information and data;
(7) advise the governor, legislature and secretary whether the department'sprocess of revising the 1994 surface water quality standards is in fullcompliance with federal and state law;
(8) advise the governor, legislature and secretary regarding the extentof the department's compliance with the provisions of 1996 House Resolution No.6013, concerning consultation with community officials on the impacts of the1994 surface water quality standards on the communities of the state; and
(9) recommend the adoption of any procedures that the commission deemsadvisable to ensure the collection and evaluation of scientific and technicalinformation necessary for the revision of the 1994 surface water qualitystandards in future years.
(b) In completing its study, the commission shall evaluate and advise thegovernor, legislature and secretary whether:
(1) There is reliable scientific documentation of the actual existence ofthe species that are designed to be protected by the special aquatic usedesignation contained in the 1994 surface water quality standards; and
(2) the special aquatic use designation and reduced mixing zone requirementscontained in the 1994 surface water quality standards are based on anyrecognized scientific data and models and whether there is an established andclear relationship between the presence of the regulated pollutants and theprotection or restoration of the targeted aquatic species.
(c) The commission shall consist of seven members appointed by the governor.All members shall serve at the pleasure of the governor. The term of office ofsuch members shall commence at the time of appointment until July 1, 1998, orunless the commission or the appointment is terminated by action of thegovernor on an earlier date. The chairperson of the commission shall beappointed by the governor from among the members of the commission. The staffof the department of health and environment, the Kansas department ofagriculture, the Kansas biological survey and the department of wildlife andparks shall cooperate with and assist the deliberations of the commission.
(d) Members of the commission shall have experience in one or more of thefollowing areas and disciplines: Environmental sciences; civil engineering;business and industry; public finance; municipal wastewater treatment;agriculture or agribusiness; environmental law; public health sciences; aquaticbiology; risk assessment; and cost benefit analysis. At least one member shallrepresent the general public. Except for faculty members of universities underthe supervision of the Kansas board of regents, no state officer or employeeshall serve on the commission.
(e) Before assuming office as a member of the commission, each personappointed as a member shall complete and file with the office of the secretaryof state:
(1) A statement containing the information required in a statement ofsubstantial interests pursuant to K.S.A. 46-247 and amendments thereto; and
(2) a list of citations of any publications written by the person.
(f) Within the limits of appropriations provided therefor, the commissionmay retain such consultants and temporary staff as the commission deemsnecessary to complete the commission's investigations and final report. Thesecretary of administration shall provide appropriate space for the meetings ofthe commission. Each member of the commission shall receive compensation,subsistence, mileage and expenses as provided by K.S.A. 75-3223 and amendmentsthereto.
(g) On or before January 1, 1998, the commission shall submit a preliminaryreport to the governor and the legislature. The commission shall submit a finalreport to the governor and the legislature on or before June 30, 1998. Thedepartment shall hold public hearings and accept public comment on thecommission's final report. After completion of the hearings and receipt of thecomments, the department shall develop and publish proposed rules andregulations on or before December 31, 1998, and shall adopt rules andregulations in accordance with the rules and regulations filing act. On andafter July 1, 1999, all stream designations and criteria contained in the 1994surface water quality standards shall be in full force and effect unlessotherwise revised by rules and regulations adopted by the secretary.
History: L. 1997, ch. 148, § 3;L. 2004, ch. 101, § 169; July 1.
