reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 65 - Public Health › Article 34 - Solid And Hazardous Waste › 65-34,146 Trust fund; establishment; credits; expenditures.

65-34,146.
Trust fund; establishment; credits; expenditures.
(a) There is hereby established in the state treasury the drycleaning facility release trust fund. The fund shall be administered by the secretary. Moneys from the following sources shall be remitted to the state treasurer, in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the fund:
(1) Any proceeds from the taxes and fees imposed by this act;
(2) any interest attributable to investment of moneys in the drycleaning facility release trust fund;
(3) moneys recovered by the state under the provisions of this act, including any moneys paid under an agreement with the secretary or as civil penalties; and
(4) moneys received by the secretary in the form of gifts, grants, reimbursements or appropriations from any source intended to be used for the purposes of this act.
(b) Moneys in the fund may be expended for only the following purposes and for no other governmental purpose:
(1) The direct costs of administration and enforcement of this act; and
(2) the costs of corrective action as provided in K.S.A. 65-34,148, and amendments thereto.
(c) It is the intent of the legislature that the fund shall remain intact and inviolate for the purposes set forth in this act, and moneys in the fund shall not be subject to the provisions of K.S.A. 75-3722, 75-3725a and 75-3726a, and amendments thereto.
(d) On or before the 10th day of each month, the director of accounts and reports shall transfer from the state general fund to the drycleaning facility release trust fund interest earnings based on: (1) The average daily balance of moneys in the drycleaning facility release trust fund for the preceding month; and (2) the net earnings rate for the pooled money investment portfolio for the preceding month.
(e) All expenditures from the drycleaning facility release trust fund shall be made in accordance with appropriation acts upon warrants of the director of the accounts and reports issued pursuant to vouchers approved by the secretary for the purposes set forth in this section.
History:
L. 1995, ch. 162, § 7; L. 1998, ch. 123, § 2; L. 1999, ch. 102, § 2; L. 2001, ch. 5, § 251; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 34 - Solid And Hazardous Waste › 65-34,147 Same; criteria for expenditures.

65-34,147.
Same; criteria for expenditures.
It is the intent of the legislature that, to the maximum extent possible, moneys in the fund be utilized to address contamination resulting from releases of drycleaning solvents. The department is directed to administer the Kansas drycleaner environmental response act under the following criteria:
(a) To the maximum extent possible, the department itself should deal with contamination from drycleaning facilities utilizing moneys in the fund. The department should discourage other units of government, both federal and local, including the United States environmental protection agency, from becoming involved in contamination problems resulting from releases from drycleaning facilities.
(b) The department should make every reasonable effort to keep sites where drycleaning solvents are involved off of the national priorities list, as defined in 40 C.F.R. 300.5.
(c) The department should not seek out contaminated drycleaning facility sites because of the existence of the fund or the other provisions of this act. The moneys are made available for use as sites are discovered in the normal course of the business of the agency.
(d) Careful consideration should be given to interim or early corrective action which may result in an overall reduction of risk to human health and the environment and in the reduction of total costs of corrective action at a site. Such interim or early corrective action should receive consideration by the department as a high priority.
(e) The department, in its discretion, may use innovative technology to perform corrective action.
History:
L. 1995, ch. 162, § 4; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 34 - Solid And Hazardous Waste › 65-34,149 Liability limitations.

65-34,149.
Liability limitations.
(a) The state of Kansas, the fund, the secretary or the department or agents or employees thereof, shall not be liable for loss of business, damages or taking of property associated with any corrective action taken pursuant to this act.
(b) Nothing in this act shall establish or create any liability or responsibility on the part of the secretary, the department or the state of Kansas, or agents or employees thereof, to pay any corrective action costs from any source other than the fund or to take corrective action if the moneys in the fund are insufficient to do so.
(c) To the extent that an owner or other person is eligible, under the provisions of this act, to have corrective action costs paid by the fund, no administrative or judicial claim may be made under state law against any such owner or other person by or on behalf of a state or local government or by any person to compel corrective action or seek recovery of the costs of corrective action which result from the release of drycleaning solvents from a drycleaning facility.
(d) Moneys in the fund shall not be used for compensating third parties for bodily injury or property damage caused by a release from a drycleaning facility, other than property damage included in the corrective action plan approved by the secretary.
History:
L. 1995, ch. 162, § 8; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 34 - Solid And Hazardous Waste › 65-34,152 Imposition of taxes and fees dependent on fund balance.

65-34,152.
Imposition of taxes and fees dependent on fund balance.
(a) Whenever on April 1 of any year the unobligated principal balance of the fund equals or exceeds $6,000,000, the taxes and fees imposed by K.S.A. 65-34,150 and 65-34,151, and amendments thereto, shall not be levied on or after the next July 1. Whenever on April 1 of any year thereafter the unobligated principal balance of the fund equals $4,000,000 or less, the taxes and fees imposed by K.S.A. 65-34,150 and 65-34,151, and amendments thereto, shall again be levied on and after the next July 1.
(b) The director of accounts and reports, not later than April 5 of each year, shall notify the secretary of revenue of the amount of the unobligated balance of the fund on April 1 of such year. Upon receipt of the notice, the secretary of revenue shall notify taxpayers under K.S.A. 65-34,150 and 65-34,151, and amendments thereto, if the levy of taxes and fees under those sections will terminate or recommence on the following July 1.
History:
L. 1995, ch. 162, § 12; L. 1999, ch. 102, § 7; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 34 - Solid And Hazardous Waste › 65-34,153 Review of secretary's orders and decisions.

65-34,153.
Review of secretary's orders and decisions.
(a) Any person adversely affected by any order or decision of the director of the division of environment or the secretary under this act may, within 15 days of service of the order or decision, make a written request for a hearing. Hearings under this section shall be conducted in accordance with the provisions of the Kansas administrative procedure act.
(b) Any person adversely affected by any final action of the secretary pursuant to this act may obtain a review of the action in accordance with the Kansas judicial review act.
History:
L. 1995, ch. 162, § 13; L. 1999, ch. 102, § 8; L. 2010, ch. 17, § 156; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 34 - Solid And Hazardous Waste › 65-34,154 Annual report to legislature.

65-34,154.
Annual report to legislature.
On or before the first day of the regular legislative session each year, the secretary shall submit to the members of the standing committee on energy and natural resources of the senate and to the members of the standing committee on environment of the house of representatives a report regarding:
(a) Receipts of the fund during the preceding calendar year and the sources of the receipts;
(b) disbursements from the fund during the preceding calendar year and the purposes of the disbursements;
(c) the extent of corrective action taken under this act during the preceding calendar year; and
(d) the prioritization of sites for expenditures from the fund.
History:
L. 1995, ch. 162, § 14; L. 1998, ch. 182, § 25; May 21.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 34 - Solid And Hazardous Waste › 65-34,155 Severability.

65-34,155.
Severability.
If any provision of this act or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this act which can be given effect without the invalid provision or application. To this end, the provisions of this act are severable.
History:
L. 1995, ch. 162, § 15; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 34 - Solid And Hazardous Waste › 65-34,161 Title and application.

65-34,161.
Title and application.
This act shall be known and may be cited as the voluntary cleanup and property redevelopment act and shall apply to real property where environmental cleanup may be needed.
History:
L. 1997, ch. 137, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 34 - Solid And Hazardous Waste › 65-34,162 Definitions.

65-34,162.
Definitions.
As used in this act:
(a) "Contaminant" means such alteration of the physical, chemical or biological properties of any soils and waters of the state as will or is likely to create a nuisance or render such soils or waters potentially harmful, or injurious to public health, safety or welfare, or to the plant, animal or aquatic life of the state.
(b) "Department" means the department of health and environment.
(c) "Secretary" means the secretary of health and environment.
History:
L. 1997, ch. 137, § 2; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 34 - Solid And Hazardous Waste › 65-34,164 Voluntary application; application of other laws; eligible property.

65-34,164.
Voluntary application; application of other laws; eligible property.
(a) The program established in this act shall be voluntary and may be initiated by submission of an application to the department for properties where investigation and remediation may be necessary to protect human health or the environment based upon the current or proposed future use or redevelopment of the property.
(b) Property which may be eligible for reimbursement from trust funds established in the Kansas storage tank act, K.S.A. 65-34,100 et seq., and amendments thereto, or the Kansas drycleaner environmental response act, K.S.A. 65-34,141 et seq., and amendments thereto, shall meet all of the requirements of the respective act.
(c) The provisions of this act shall not apply to:
(1) Property that is listed or proposed for listing on the national priorities list of superfund sites established under the comprehensive environmental response, compensation, and liability act (CERCLA), 42 U.S.C.A. 9601 et seq.;
(2) property the contaminated portion of which is the subject of:
(A) Enforcement action issued pursuant to city, county, state or federal environmental laws; or
(B) environmental orders or agreements with city, county, state or federal governmental agencies;
(3) a facility which has or should have a permit pursuant to the resource, conservation and recovery act (RCRA), 42 U.S.C.A. 6901 et seq., which contains a corrective action component;
(4) oil and gas activities regulated by the state corporation commission;
(5) property that presents an immediate and significant risk of harm to human health or the environment; or
(6) property that the department determines to be a substantial threat to public or private drinking water wells.
History:
L. 1997, ch. 137, § 4; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 34 - Solid And Hazardous Waste › 65-34,166 Remedial action; determination whether required; plan.

65-34,166.
Remedial action; determination whether required; plan.
(a) The department shall review reports, including any environmental assessments and investigations submitted by the applicant, and make a determination as to any required actions. If the department determines that no remedial action is necessary, the department may issue a no further action determination pursuant to K.S.A. 65-34,169.
(b) If the department determines that further investigation or remediation is required, the applicant shall submit to the department a voluntary cleanup plan that follows the scope of work prepared by the department for voluntary investigation or remediation and includes the actions necessary to address the contamination.
History:
L. 1997, ch. 137, § 6; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 34 - Solid And Hazardous Waste › 65-34,167 Same; alternatives; factors considered.

65-34,167. Same; alternatives; factors considered.
Remedial alternatives shall be based on the actual risk to human health and the environment currently posed by contaminants, considering the following factors:
(a) The present and proposed future uses of the property and surrounding properties;
(b) the ability of the contaminants to move in a form and manner which would result in exposure to humans and the surrounding environment at levels which exceed applicable state standards and guidelines or which exceed acceptable contaminant concentrations as determined by a risk analysis that evaluates the property and surrounding properties as a whole; and
(c) the potential risks associated with proposed cleanup alternatives and the reliability and economic and technical feasibility of such alternatives.
History:
L. 1997, ch. 137, § 7; L. 2015, ch. 29, § 2; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 34 - Solid And Hazardous Waste › 65-34,169 Determination no further action required; issuance; void, when.

65-34,169. Determination no further action required; issuance; void, when.
(a) After an applicant completes the requirements of this act, the department may determine that no further remedial action is required. Within 60 days after such completion, unless the applicant and the department agree to an extension of the time for review, the department shall provide written notification that a no further action determination has been made.
(b) The department may consider in issuing this determination that contamination or a release of contamination originates from a source on another property.
(c) The issuance of a no further action determination by the department applies only to identified conditions on the property and is based upon applicable statutes and rules and regulations that exist as of the time of completion of the requirements.
(d) The department may determine that the no further action determination, under this section is void if:
(1) There is any evidence of fraudulent representation, false assurances, concealment or misrepresentation of the data in any document to be submitted to the department under this act;
(2) the applicant agrees to perform any action approved by the department and fails to perform such action;
(3) the applicant's willful and wanton conduct contributes to known environmental contamination; or
(4) the applicant fails to complete the voluntary actions required in the voluntary cleanup plan.
(e) If a no further action determination is not issued by the department, the department shall promptly provide the applicant with a written statement of the reasons for denial.
History:
L. 1997, ch. 137, § 9; L. 2015, ch. 29, § 4; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 34 - Solid And Hazardous Waste › 65-34,171 Application of other laws; EPA involvement.

65-34,171.
Application of other laws; EPA involvement.
(a) Nothing in this act shall absolve any person from obligations under any other law or rule and regulation, including any requirement to obtain permits or approvals for work performed under a voluntary cleanup plan.
(b) If the federal environmental protection agency (EPA) indicates that it is investigating a property which is the subject of an approved voluntary cleanup plan, the department shall attempt to obtain agreement with the EPA that the property be addressed under the appropriate state program or, in the case of property being addressed through a voluntary cleanup plan, that no further federal action be taken with respect to the property at least until the voluntary cleanup plan is completely implemented.
History:
L. 1997, ch. 137, § 11; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 34 - Solid And Hazardous Waste › 65-34,172 Plan; enforcement; use of information as basis of other enforcement actions.

65-34,172.
Plan; enforcement; use of information as basis of other enforcement actions.
(a) Voluntary cleanup plans are not enforceable against an applicant unless the department can demonstrate that an applicant who initiated a voluntary cleanup under an approved plan has failed to fully implement that plan. In that case, the department may require further action if such action is authorized by other state statutes administered by the department or rules and regulations of the department.
(b) Information provided by an applicant to support a voluntary cleanup plan shall not provide the department with an independent basis to seek penalties from the applicant pursuant to applicable statutes or rules and regulations. If, pursuant to other applicable statutes or rules and regulations, the department initiates an enforcement action against the applicant subsequent to the submission of a voluntary cleanup plan regarding the contamination addressed in the plan, the voluntary disclosure of the information in the plan shall be considered by the enforcing authority to mitigate penalties which could be assessed to the applicant.
History:
L. 1997, ch. 137, § 12; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 34 - Solid And Hazardous Waste › 65-34,173 Annual report.

65-34,173.
Annual report.
The department shall publish annually in the Kansas register a summary of the number of applicants, the general categories of those applicants and the number of cleanups completed pursuant to this act.
History:
L. 1997, ch. 137, § 13; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 34 - Solid And Hazardous Waste › 65-34,174 Severability.

65-34,174.
Severability.
If any provision of this act or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provisions or application. To this end the provisions of this act are severable.
History:
L. 1997, ch. 137, § 14; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 34 - Solid And Hazardous Waste › 65-34,175 Environmental stewardship fund; expenditures.

65-34,175. Environmental stewardship fund; expenditures.
(a) There is hereby created in the state treasury the environmental stewardship fund. All moneys received pursuant to K.S.A. 65-34,117(b)(5), and amendments thereto, shall be deposited into the environmental stewardship fund.
(b) Fund expenditures from the environmental stewardship fund shall be used by the secretary of the department of health and environment for:
(1) The secretary of health and environment to take whatever emergency action necessary or appropriate in response to an environmental threat to public health or safety;
(2) state-led programs to investigate, monitor, remediate and perform long-term care actions;
(3) state matching funds and long-term care actions at federal remedial actions; and
(4) the administrative, personnel and contractual service expenses incurred in undertaking the provisions of this section.
(c) The secretary of the department of health and environment shall undertake cost recovery actions for expenditures from the environmental stewardship fund if a responsible party is identified.
(d) The environmental stewardship fund shall be used for the purposes set forth in this act and for no other governmental purposes. Moneys in the environmental stewardship fund shall not be subject to the provisions of K.S.A. 75-3722, 75-3725a and 75-3726a, and amendments thereto.
(e) All such expenditures from the environmental stewardship fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of health and environment or the secretary's designee.
History:
L. 2015, ch. 26, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 34 - Solid And Hazardous Waste › 65-34,177 Contaminated property redevelopment act; citation of act.

65-34,177. Contaminated property redevelopment act; citation of act.
The intent of this act is to provide a mechanism to allow real property with environmental contamination to be purchased without the purchaser becoming liable for cleanup costs. This act establishes the contaminated property redevelopment fund to help municipalities redevelop contaminated and potentially contaminated properties. This act shall be known and may be cited as the contaminated property redevelopment act.
History:
L. 2016, ch. 70, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 34 - Solid And Hazardous Waste › 65-34,178 Same; definitions.

65-34,178. Same; definitions.
As used in this act:
(a) "Certificate of environmental liability release" or "CELR" means a certificate issued by the department that releases the purchaser from environmental liability for contamination existing at the time of issuance of the CELR on a property from actions taken by the bureau of environmental remediation under K.S.A. 65-159, 65-161 through 65-171z, 65-3401 et seq., 65-3430 et seq. and 65-3452a et seq., and amendments thereto.
(b) "Department" means the Kansas department of health and environment.
(c) "Owner" means any owner of record of property or authorized representative.
(d) "Person" means any individual, trust, firm, joint stock company, public or private corporation, limited liability company or partnership; the federal government or any agency or instrumentality thereof; any state, or any agency, instrumentality or political or taxing subdivision thereof; or any interstate body.
(e) "Property" means real property.
(f) "Purchaser" means any person who is acquiring property through purchase, foreclosure or default. For purposes of this act, "purchaser" does not include the federal government or a person who acquires property through gifts, bequests or inheritance.
(g) "Secretary" means the secretary of health and environment.
(h) "Site" means all areas and media to which environmental contamination or pollution has been released, transported or migrated.
History:
L. 2016, ch. 70, § 2; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 34 - Solid And Hazardous Waste › 65-34,179 Same; eligibility.

65-34,179. Same; eligibility.
(a) A property shall be eligible for a CELR from the department if the purchaser submits a complete application to the department and the department finds that:
(1) The property is contaminated, not including contamination resulting from radon, lead-based paint or asbestos;
(2) the purchaser is not the party responsible for the contamination;
(3) the property is:
(A) Not currently owned by the purchaser;
(B) currently owned by the purchaser and was acquired through seizure, condemnation, foreclosure or default; or
(C) currently owned by the purchaser and the purchaser is the state of Kansas and any department or branch of state government, or any agency, authority, institution or other instrumentality thereof; or any county, township, city, school district or other political or taxing subdivision of the state, or any agency, authority, institution or other instrumentality thereof;
(4) if the purchaser is a current owner, the purchaser could not have reasonably foreseen the threat of contamination and failed to take reasonable steps to prevent the contamination;
(5) there is no direct or indirect familial relationship or any contractual, corporate or financial relationship between the purchaser and the owner or the party responsible for the contamination, other than that by which such purchaser's interest in the property was conveyed or financed; and
(6) the property is not ineligible for a CELR pursuant to the provisions of K.S.A. 65-34,180, and amendments thereto, and the purchaser has met the conditions required by K.S.A. 65-34,180, and amendments thereto.
(b) It shall be the sole responsibility of the purchaser to provide the needed documentation to the department for the department to make an eligibility determination. These documents shall include:
(1) Phase I or Phase II environmental reports that are completed within industry standards;
(2) environmental assessment reports that are completed within industry standards; or
(3) other reports that will expedite the department's determination requested by the department.
(c) In making eligibility determinations, the department shall have authority to consider such additional factors as deemed relevant by the department, including the current and potential future use of the property.
(d) The department shall make a determination of eligibility or noneligibility within 15 business days of receiving the application and all required information.
(e) Only property acquired after July 1, 2016, shall be eligible for a CELR.
History:
L. 2016, ch. 70, § 3; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 34 - Solid And Hazardous Waste › 65-34,180 Same; requirements by the department.

65-34,180. Same; requirements by the department.
(a) In addition to the findings required for a determination of eligibility by the department pursuant to K.S.A. 65-34,179, and amendments thereto, the department shall only grant a CELR upon the following conditions:
(1) The department determines that the purchaser has not caused or exacerbated and will not exacerbate the contamination on the property;
(2) the purchaser agrees to disclose the CELR to subsequent purchasers until the property can be used for unrestricted use;
(3) the purchaser agrees to reasonable access for future environmental investigation and remediation by the department or other party performing investigation and remediation under the oversight of the department; and
(4) the purchaser agrees to provide the department notification within 30 days of any transfer or sale of property that is subject to a CELR.
(b) Property shall not be eligible for a CELR if:
(1) The contamination on the property is subject to regulation under the nuclear energy development and radiation control act, K.S.A. 48-1601 et seq., and amendments thereto;
(2) the property is the source of the contamination and it is eligible for cleanup under the Kansas storage tank act, K.S.A. 65-34,100 et seq., or the Kansas drycleaner environmental response act, K.S.A. 65-34,141 et seq., and amendments thereto, unless the site has been enrolled into the appropriate cleanup program under such acts as applicable;
(3) the property is the source of the contamination and it is listed or proposed for listing on the national priorities list of superfund sites established under the comprehensive environmental response, compensation and liability act (CERCLA) (42 U.S.C.A. § 9601 et seq.);
(4) the purchaser has entered into or is the subject of one or more contracts, agreements or orders with the intended purpose of performing investigation or remediation of contamination at the property; or
(5) the purchaser has provided indemnification or release of environmental liability to any other party regarding contamination at the property.
(c) A CELR does not relieve the holder of requirements or duties of an applicable environmental use control agreement or risk management plan.
History:
L. 2016, ch. 70, § 4; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 34 - Solid And Hazardous Waste › 65-34,181 Same; fees.

65-34,181. Same; fees.
The purchaser shall submit payment to the department of a fee with the CELR application. The fee for the CELR shall be determined by the department by rules and regulations, but shall not exceed $2,000 and shall be based on the size and complexity of the site and property as determined by the department. If a CELR is not issued by the department, a refund shall be issued to the purchaser less the amount expended by the department to review and process the application.
History:
L. 2016, ch. 70, § 5; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 34 - Solid And Hazardous Waste › 65-34,182 Same; modification of CELR.

65-34,182. Same; modification of CELR.
(a) A person may submit a request to the department for approval to modify a CELR. The department shall approve or deny the request within 30 business days after the department's receipt of the request. If the department denies the request, justification shall be provided with a written explanation of the denial. A denial by the department may include as a justification for denial that the person has not provided the necessary documentation to justify the modification as determined by the department.
(b) A CELR is not transferable.
(c) The department shall not acquire any liability by virtue of this act.
History:
L. 2016, ch. 70, § 6; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 34 - Solid And Hazardous Waste › 65-34,183 Same; department remedies for providing fraudulent information.

65-34,183. Same; department remedies for providing fraudulent information.
(a) If the department determines that fraudulent information was provided by the purchaser to the department for the purpose of obtaining a CELR, the secretary may take such actions as necessary to protect human health or the environment and may take actions including, but not limited to:
(1) Issuing an order directing the purchaser to take any emergency action necessary to protect human health and the environment;
(2) issuing an order revoking the CELR;
(3) issuing an order that will require the purchaser to implement a cleanup of the site to a standard that will allow for unrestricted use; or
(4) assessing an administrative penalty of up to $500 per day starting from the date of the application to the date the department determined false information was provided by the purchaser.
(b) Failure by a CELR recipient to grant reasonable access as required by this act or failure to otherwise comply with this act shall result in revocation of the CELR by the department.
(c) If an owner who has received a CELR exacerbates the contamination or interferes with a department-approved remedy on the property, the department shall revoke the CELR.
(d) If an owner who has received a CELR acquires liability for the contamination through contract, law or other mechanism, the CELR shall be null and void.
History:
L. 2016, ch. 70, § 7; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 34 - Solid And Hazardous Waste › 65-34,184 Same; contaminated property redevelopment fund.

65-34,184. Same; contaminated property redevelopment fund.
(a) There is established in the state treasury the contaminated property redevelopment fund, which shall be administered by the secretary. Moneys collected by the secretary from the following sources shall be remitted to the state treasurer in accordance with K.S.A. 75-4215, and amendments thereto, and deposited in the state treasury to the credit of the fund:
(1) Fees for CELR applications;
(2) the federal brownfields program;
(3) gifts, grants, reimbursements or appropriations from any source intended to be used for purposes of the fund;
(4) interest attributable to the investment of moneys in the fund;
(5) penalties collected pursuant to this act; and
(6) repayment of any brownfields loan, including interest and fees.
(b) Expenditures from the contaminated property redevelopment fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary or the secretary's designee for the following purposes:
(1) Review and approval of CELR applications;
(2) oversight and modifications of completed CELRs;
(3) development, operation and maintenance of the CELR tracking system;
(4) loans to municipalities for assessment and cleanup actions at brownfields redevelopment projects;
(5) grants to municipalities for assessment and cleanup actions at brownfields redevelopment projects; and
(6) administration and enforcement of the provisions of this act.
(c) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the contaminated property redevelopment fund interest earnings based on:
(1) The average daily balance of moneys in the contaminated property redevelopment fund for the preceding month; and
(2) the net earnings rate of the pooled money investment portfolio for the preceding month.
History:
L. 2016, ch. 70, § 8; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 34 - Solid And Hazardous Waste › 65-34,186 Same; remedies.

65-34,186. Same; remedies.
Any person adversely affected by any order or decision of the secretary under this act may, within 15 days of service of the order or decision, request a hearing in writing. Hearings under this section shall be conducted in accordance with the provisions of the Kansas administrative procedure act.
History:
L. 2016, ch. 70, § 10; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 34a - Central Interstate Low-level Radioactive Waste Compact › 65-34a01a Same; effective date.

65-34a01a.
Same; effective date.
This act shall take effect and be in force from and after the date upon which the appropriate authority of the state of Nebraska issues a license or permit for the operation of a low-level radioactive waste disposal facility in the state of Nebraska which is accessible to the members of the central interstate low-level radioactive waste compact, and its publication in the statute book.
History: L. 1993, ch. 104, § 3.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 34a - Central Interstate Low-level Radioactive Waste Compact › 65-34a02 Central interstate low-level radioactive waste compact; Kansas representative and alternate; compensation and expenses; staff assistance.

65-34a02.
Central interstate low-level radioactive waste compact; Kansas representative and alternate; compensation and expenses; staff assistance.
(a) The member of the central interstate low-level radioactive waste commission representing the state of Kansas and the alternate to such member shall be appointed by the governor, subject to confirmation by the senate as provided in K.S.A. 75-4315b, and amendments thereto. Except as provided by K.S.A. 46-2601, and amendments thereto, no person appointed as a member or alternate member shall exercise any power, duty or function as a member or alternate member until confirmed by the senate. The member and alternate shall serve at the pleasure of the governor.
(b) Subject to the limitations of appropriations, the Kansas commission member and alternate, if not state employees, shall receive compensation in amounts established by the governor. In addition, when attending meetings of the commission or a subcommittee of the commission approved by the commission, the member and alternate shall be paid subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3223, and amendments thereto.
(c) The department of health and environment and the attorney general shall provide clerical, technical and legal staff assistance as requested by the Kansas commission member or the member's alternate.
History:
L. 1982, ch. 267, § 1; L. 1995, ch. 2, § 1; L. 2008, ch. 121, § 9; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 34a - Central Interstate Low-level Radioactive Waste Compact › 65-34a04 Same; corporation commission designated agency for rate review.

65-34a04.
Same; corporation commission designated agency for rate review.
For purposes of article III of the central interstate low-level radioactive waste compact, the state corporation commission is hereby designated as the rate-review agency for the state of Kansas.
History:
L. 1982, ch. 267, § 3; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 35 - Licensure Of Adult Care Home Administrators › 65-3501 Definitions.

65-3501. Definitions.
As used in this act, the following words and phrases shall have the meanings respectively ascribed to them in this section:
(a) "Adult care home" means nursing facility, nursing facilities for mental health, intermediate care facilities for people with intellectual disability, assisted living facility licensed for more than 60 residents and residential health care facility licensed for more than 60 residents as defined by K.S.A. 39-923, and amendments thereto, or by the rules and regulations of the licensing agency adopted pursuant to such section for which a license is required under article 9 of chapter 39 of the Kansas Statutes Annotated, and amendments thereto, except that the term "adult care home" shall not include a facility that is operated exclusively for the care and treatment of people with intellectual disability and is licensed for 16 or fewer beds.
(b) "Board" means the board of adult care home administrators established by K.S.A. 65-3506, and amendments thereto.
(c) "Administrator" means the individual directly responsible for planning, organizing, directing and controlling the operation of an adult care home.
(d) "Person" means an individual and does not include the term firm, corporation, association, partnership, institution, public body, joint stock association or any group of individuals.
(e) "Sponsor" means entities approved by the board to provide continuing education programs or courses on an ongoing basis under this act and in accordance with any rules and regulations promulgated by the board in accordance with this act.
History:
L. 1970, ch. 265, § 1; L. 1975, ch. 328, § 1; L. 1978, ch. 255, § 1; L. 1979, ch. 203, § 1; L. 1992, ch. 322, § 12; L. 1995, ch. 143, § 2; L. 1998, ch. 200, § 1; L. 2012, ch. 91, § 43; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 35 - Licensure Of Adult Care Home Administrators › 65-3502 Adult care home administrator's license required; temporary licenses, limitation.

65-3502.
Adult care home administrator's license required; temporary licenses, limitation.
From and after the effective date of this act, no adult care home in the state shall be operated unless it is under the supervision of an administrator who holds a currently valid adult care home administrator's license issued pursuant to this act. No person shall practice or offer to practice adult care home administration in this state or use any title, sign, card or device to indicate that the person is an adult care home administrator, unless such person shall have been duly licensed as an adult care home administrator as required by this act. The board may authorize, by rules and regulations, the issuance of a temporary license as an adult care home administrator in the event of an emergency to be effective for a period of 60 days. The temporary license fee shall be fixed by rules and regulations. Such temporary license may be extended for two consecutive sixty-day periods of time, but in no case shall a temporary license be maintained in effect for a period of time greater than 180 days.
History: L. 1970, ch. 265, § 2; L. 1975, ch. 328, § 3; L. 1976, ch. 278, § 1; L. 1993, ch. 64, § 1; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 35 - Licensure Of Adult Care Home Administrators › 65-3504 Qualifications for admission to examination. Qualifications for admission to examination.

65-3504. Qualifications for admission to examination.
(a) The board shall admit to examination for licensure as an adult care home administrator any candidate who pays a licensure and examination fee, if required, to the department for aging and disability services to be fixed by rules and regulations; submits evidence that such candidate is at least 18 years old; has completed preliminary education satisfactory to the board as prescribed in rules and regulations; and has met board established standards of good character, training and experience.
(b) Nothing in the provisions of article 35 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto, or any rules and regulations adopted pursuant thereto shall prohibit a candidate for licensure as an adult care home administrator who is a member of a recognized church or religious denomination whose religious teachings prohibit the acquisition of formal education which would qualify such candidate for examination as required by the board under subsection (a) from being admitted to examination under subsection (a) so long as such candidate otherwise meets the qualifications for admission to examination under subsection (a). A candidate for licensure as an adult care home administrator who qualifies to take the examination for licensure under this subsection (b), who passes the examination and who is licensed as an adult care home administrator shall engage in the practice of adult care home administration only in an adult care home which is owned and operated by such recognized church or religious denomination.
History:
L. 1970, ch. 265, § 4; L. 1975, ch. 328, § 5; L. 1981, ch. 252, § 1; L. 1990, ch. 230, § 2; L. 1993, ch. 64, § 3; L. 2003, ch. 71, § 2; L. 2014, ch. 115, § 262; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 35 - Licensure Of Adult Care Home Administrators › 65-3507 Transfer to board of powers, duties and functions relating to licensure and registration of administrators.

65-3507. Transfer to board of powers, duties and functions relating to licensure and registration of administrators.
(a) All of the powers, duties and functions of the secretary for aging and disability services granted by K.S.A. 65-3501 to 65-3505, inclusive, and amendments thereto, relating to the licensure and registration of skilled nursing home administrators, are transferred to and conferred and imposed upon the board of adult care home administrators established by K.S.A. 65-3506, and amendments thereto, except as otherwise provided by this act.
(b) Whenever the secretary for aging and disability services or the department for aging and disability services, or words of like effect, is referred to or designated by a contract or other document executed pursuant to the powers, duties and functions granted to the secretary for aging and disability services by K.S.A. 65-3501 to 65-3505, inclusive, and amendments thereto, such reference or designation shall be deemed to apply to the board of adult care home administrators established by K.S.A. 65-3506, and amendments thereto.
(c) All rules and regulations and all orders or directives of the secretary for aging and disability services adopted in administering the powers, duties and functions granted to such secretary by K.S.A. 65-3501 to 65-3505, inclusive, and amendments thereto, and in existence on the effective date of this act shall continue to be effective and shall be deemed to be the rules and regulations and orders or directives of the board of adult care home administrators created by K.S.A. 65-3506, and amendments thereto, until revised, amended, repealed or nullified pursuant to law.
History:
L. 1975, ch. 328, § 7; L. 2014, ch. 115, § 264; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 35 - Licensure Of Adult Care Home Administrators › 65-3508 Denial, revocation or suspension of license or temporary license or reprimand, censure or other discipline of adult care home administrator; grounds.

65-3508.
Denial, revocation or suspension of license or temporary license or reprimand, censure or other discipline of adult care home administrator; grounds.
The license of an adult care home administrator or the temporary license of an adult care home administrator may be denied, revoked or suspended or the adult care home administrator or a person holding a temporary license as an adult care home administrator may be reprimanded, censured or otherwise disciplined by the board, after notice and an opportunity for a hearing conducted by the board in accordance with the provisions of the Kansas administrative procedure act, if the adult care home administrator or person holding a temporary license as an adult care home administrator has:
(a) Failed to comply with the provisions of K.S.A. 65-3505, and amendments thereto, and continued to act as an adult care home administrator;
(b) substantially failed to conform to the requirements of the standards adopted under K.S.A. 65-3503, and amendments thereto;
(c) willfully or repeatedly violated any of the provisions of the law or rules and regulations of the licensing agency under the provisions of article 9 of chapter 39 of the Kansas Statutes Annotated;
(d) been convicted of a crime found by the board to have a direct bearing on whether such person should be entrusted to serve the public in the capacity of an adult care home administrator;
(e) failed to provide overall management of nutrition, medications and treatments of residents, including the use of restraints, in accordance with acceptable medical practices;
(f) been convicted of the violation of any state or federal drug or narcotic law or any provision of the state or federal controlled substances act or habitually overindulged in alcohol or habitually misused controlled substances;
(g) been involved in aiding, abetting, sanctioning or condoning any violation of the law or rules and regulations under article 9 of chapter 39 of the Kansas Statutes Annotated;
(h) engaged in the practice of adult care home administration in violation of subsection (b) of K.S.A. 65-3502, and amendments thereto;
(i) misrepresented or omitted a material fact on an application for licensure or in any other communication with the board;
(j) had disciplinary action taken against an adult care home administrator's license issued by another state or jurisdiction; or
(k) had disciplinary action taken against such adult care home administrator on a professional or occupational health care license, mental health care license or social worker license issued by this state or by another state or jurisdiction.
History:
L. 1978, ch. 255, § 4; L. 1984, ch. 313, § 128; L. 1990, ch. 230, § 3; L. 2003, ch. 71, § 4; L. 2006, ch. 157, § 2; July 1.
2023 Kansas Statutes › Chapter 65 - Public Health › Article 37 - Human Blood › 65-3701 Human blood; nature of supplying; liability.

65-3701.
Human blood; nature of supplying; liability.
The procuring, furnishing, donating, processing, distributing or using human whole blood, plasma, blood products, blood derivatives and products for the purpose of injecting or transfusing any of them in the human body is declared for all purposes to be the rendition of a service by every person, firm or corporation participating therein, whether or not any remuneration is paid therefor, and is declared not to be a sale of any such items and no warranties of any kind or description shall be applicable thereto. No such person, firm or corporation participating in rendering such services shall be liable for damages unless negligence is proven.
History:
L. 1971, ch. 215, § 1; July 1.