reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 33 - Chemigation Safety › 2-3302 Definitions.

2-3302.
Definitions.
As used in the Kansas chemigation safety law:
(a) "Chemigation" means any process whereby pesticides, fertilizers or other chemicals or animal wastes are added to irrigation water applied to land or crops, or both, through an irrigation distribution system.
(b) "Board" means the secretary of agriculture.
(c) "Secretary" means the secretary of agriculture.
(d) "Operating chemigation equipment" for the purposes of this act shall include, but not be limited to:
(1) Preparing solution and filling the chemical supply container;
(2) calibrating of injection equipment;
(3) starting and stopping equipment when injection of chemicals is involved; and
(4) supervision of the chemigation equipment to assure its safe operation.
(e) "Anti-pollution devices" means mechanical equipment used to reduce hazard to the environment in cases of malfunction of the equipment during chemigation and includes but is not limited to interlock, waterline check valve, chemical line closure device, vacuum relief device and automatic low pressure drain.
(f) "Supervision" means the attention given to the chemigating system during its operation when chemicals are being applied.
(g) "Direct supervision" means supervision with ability to change the procedures.
(h) "Irrigation distribution system" means any device or combination of devices having a hose, pipe or other conduit which connects directly to any source of ground or surface water, through which water or a mixture of water and chemicals is drawn and applied to land. The term does not include any handheld hose sprayer or other similar device which is constructed so that an interruption in water flow automatically prevents any backflow to the water source. For the purpose of this act it does not include greenhouse irrigation or residence yards. Animal waste lagoons are not to be considered water sources.
(i) "Calibration device" means equipment of sufficient accuracy to determine the rate of chemical application.
(j) "Point of diversion" means:
(1) The point where the longitudinal axis of the dam crosses the center line of the stream in the case of a reservoir; or
(2) the location of the headgate or intake in the case of a direct diversion from a river, stream or other watercourse; or
(3) the location of a well in the case of groundwater diversion.
(k) "Agronomic application rates" means the method and amount of swine waste defined by the secretary that in the secretary's discretion best protects the environment, including consideration of the crops or soil to which swine waste may be applied and the economic impact associated with any application of swine waste.
(l) "Chemicals" shall include nutrients or the chemical composition of animal waste.
History:
L. 1985, ch. 5, § 2; L. 1989, ch. 7, § 1; L. 1998, ch. 143, § 23; May 7.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 33 - Chemigation Safety › 2-3303 Requirements for chemigation users.

2-3303.
Requirements for chemigation users.
Persons applying any chemical by the chemigation process in an irrigation system shall:
(a) Register with the secretary;
(b) use anti-pollution devices; and
(c) keep records and make reports as deemed appropriate by the secretary.
History:
L. 1985, ch. 5, § 3; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 33 - Chemigation Safety › 2-3304 Registration of chemigation users; permit; fee; renewal.

2-3304. Registration of chemigation users; permit; fee; renewal.
(a) Any user of the chemigation process shall register and obtain a chemigation user's permit before using the process.
(b) Registration shall consist of making application on a form supplied by the secretary. Such application shall include, but not be limited to:
(1) The name of the persons to whom a permit is to be issued, including an owner or operator of land on which chemigation is to be used;
(2) a plan for using anti-pollution devices;
(3) a plan for handling tail water or accumulations of water;
(4) the number and locations, including a legal description, of wellheads that may be involved in the chemigation process and surface water supply withdrawal points, not to include siphon tubes; and
(5) payment of fees.
(c) The application fee for a chemigation user's permit shall be $75 plus $15 for each additional point of diversion, except that on and after July 1, 2028, a chemigation user's permit shall be $55 plus $10 for each additional point of diversion. A chemigation user's permit may be renewed each year upon making an application, payment of the application fee and completing the report form providing information used in chemigation the previous year.
History:
L. 1985, ch. 5, § 4; L. 1989, ch. 7, § 2; L. 1994, ch. 336, § 7; L. 2002, ch. 181, § 12; L. 2004, ch. 85, § 12; L. 2009, ch. 128, § 29; L. 2014, ch. 133, § 5; L. 2017, ch. 86, § 7; L. 2022, ch. 9, § 7; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 33 - Chemigation Safety › 2-3305 Functional anti-pollution devices, requirements.

2-3305.
Functional anti-pollution devices, requirements.
Functional anti-pollution devices shall be used in the chemigation process according to:
(a) Criteria adopted by the secretary by rules and regulations that, in the secretary's discretion, follow the latest scientific knowledge and technology and that is designed to protect the groundwater and surface water of the state; or
(b) the following criteria:
(1) Waterline check valve shall be an automatic, quick-closing device capable of preventing the backflow of water chemical mixtures into the source of water supply during times of system failure or equipment shutdown;
(2) a chemical injection line check valve shall be used to prevent flow of water from the irrigation system into the chemical supply tank and to prevent gravity flow from the chemical supply tank into the irrigation system;
(3) an interlock system shall be used between the power system of the injection unit, the irrigation pumping plant and the pivot, if involved; the interlock shall function so that if the irrigation pump stops, the injection pump will also stop;
(4) a functional vacuum relief device shall be used between the waterline check valve and the irrigation pump to reduce the chance of chemical being back-siphoned into the water source; and
(5) an automatic low pressure drain shall be used between the waterline valve and the irrigation pump.
History:
L. 1985, ch. 5, § 5; L. 1989, ch. 7, § 3; L. 1998, ch. 143, § 25; May 7.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 33 - Chemigation Safety › 2-3306 Responsibility of chemigation equipment operators; chemigation equipment operator examination; renewal; fee.

2-3306. Responsibility of chemigation equipment operators; chemigation equipment operator examination; renewal; fee.
(a) Any individual operating chemigation equipment under a chemigation user permit shall be responsible for the safe operation of such chemigation equipment and any such equipment shall be considered to be under the direct supervision of the chemigation user permit holder.
(b) The secretary shall not issue a chemigation user permit to any person unless such person is a certified chemigation equipment operator or has in such person's employment at least one certified chemigation equipment operator. A chemigation equipment operator is an individual who has successfully completed an examination given by the secretary or the secretary's designee. Except as provided in subsection (c), if the chemigation user permit is issued to an individual, that individual must have successfully completed the chemigation equipment operator examination. Such examination shall include, but not be limited to, the following:
(1) The proper use of anti-pollution devices;
(2) preparing the chemical solution and filling the chemical supply container;
(3) calibrating of injection equipment;
(4) supervision of chemigation equipment to assure its safe operation;
(5) environmental and human hazards that may be involved in chemigation;
(6) protective clothing and respiratory equipment;
(7) general precautions to be followed in disposal of containers and decontamination of the equipment;
(8) handling of tail water and other accumulations of water containing chemicals;
(9) information of procedures to be followed should chemicals inadvertently enter the water supply source as a result of the chemigation process;
(10) label information, especially chemigation instructions;
(11) applicable state and federal laws and regulations; and
(12) any other subject that the secretary deems necessary.
(c) The examination provided for in subsection (b) may be waived for any individual who has been certified as a pesticide applicator in the category of chemigation pursuant to the Kansas pesticide law.
(d) The chemigation equipment operator certification shall expire on December 31 of the fourth calendar year after the year of issue. A chemigation equipment operator certification shall be renewed for a succeeding five year period upon payment of the certification fee and passing the examination specified in either subsection (b) or (c).
(e) The fee for certification as a chemigation equipment operator or for renewal of such certification shall be $25, except that on and after July 1, 2028, such certification shall be $10.
History:
L. 1985, ch. 5, § 6; L. 1989, ch. 7, § 5; L. 2002, ch. 181, § 13; L. 2004, ch. 85, § 13; L. 2009, ch. 128, § 30; L. 2014, ch. 133, § 6; L. 2017, ch. 86, § 8; L. 2022, ch. 9, § 8; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 33 - Chemigation Safety › 2-3307 Access to premises by secretary; inspections, samples and investigations; search warrants; enforcement of criminal and civil provisions of act.

2-3307.
Access to premises by secretary; inspections, samples and investigations; search warrants; enforcement of criminal and civil provisions of act.
(a) For the purpose of carrying out the provisions of this act, including any review of the application of swine waste under K.S.A. 2-3318, and amendments thereto, the secretary or the secretary's agent or the county or district attorney or their agents may enter any premises at any reasonable time in order to:
(1) Have access for the purpose of inspecting any equipment subject to this act;
(2) inspect or sample water, lands and crops reported to be exposed to chemicals;
(3) inspect or investigate complaints or injury to humans, crops or land;
(4) sample chemicals being applied or to be applied; or
(5) observe the use and application of chemicals.
Should the secretary, the secretary's agent or the county or district attorney or their agents be denied access to any land where such access was sought for the purposes authorized, the secretary or the county or district attorney may apply to any court of competent jurisdiction for a search warrant authorizing access to such land for such purposes. The court, upon such application, may issue the search warrant for the purposes requested.
(b) The enforcement of the criminal provisions of this act shall be the duty of, and shall be implemented by, the county or district attorneys of the various counties or districts. In the event a county or district attorney refuses to act, the attorney general shall so act. The secretary is charged with the duty of enforcing all other provisions of this act.
History:
L. 1985, ch. 5, § 7; L. 1998, ch. 143, § 26; May 7.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 33 - Chemigation Safety › 2-3308 Unlawful acts; criminal penalties.

2-3308.
Unlawful acts; criminal penalties.
(a) Except as provided by subsection (b), it is a misdemeanor punishable by a fine not exceeding $500 for:
(1) Any person to engage in chemigation without first obtaining a permit as provided in this act;
(2) any person to engage in chemigation on a suspended or revoked permit;
(3) any person to tamper with, or otherwise damage in any way, equipment specified in this act; or
(4) any permit holder to fail to immediately notify the secretary of any actual or suspected accident resulting from the use of chemigation.
(b) It is a misdemeanor punishable by a fine not exceeding $5,000 per violation for any person to knowingly:
(1) Commit any act described by subsection (a); or
(2) commit any unlawful act described by K.S.A. 2-3313, and amendments thereto.
History:
L. 1985, ch. 5, § 8; L. 1989, ch. 7, § 6; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 33 - Chemigation Safety › 2-3309 Administration of act; employees; rules and regulations.

2-3309.
Administration of act; employees; rules and regulations.
(a) The secretary of agriculture shall administer this act and shall have authority to employ such qualified persons deemed necessary to carry out the provisions of this act.
(b) The secretary shall adopt such rules and regulations the secretary deems necessary to carry out the provisions of this act. Such rules and regulations shall be promulgated on or before July 1, 2010.
History:
L. 1985, ch. 5, § 9; L. 2004, ch. 101, § 58; L. 2009, ch. 128, § 31; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 33 - Chemigation Safety › 2-3310 Denial, suspension, revocation or modification of permits, notice and hearing; grounds.

2-3310.
Denial, suspension, revocation or modification of permits, notice and hearing; grounds.
The secretary, after notice and opportunity for a hearing in accordance with the provisions of the Kansas administrative procedure act, may deny, suspend, revoke or modify the provisions of any permit issued under this act, if the secretary finds that the applicant, registrant or permit holder has:
(a) Been convicted of or pleaded guilty to a violation of this act or the Kansas pesticide law, or has been convicted of or pleaded guilty to a felony under the laws of this state or of the United States, if the board determines, after investigation, that such person has not been sufficiently rehabilitated to warrant the public trust;
(b) failed to comply with any provision or requirement of this act or any rule and regulation adopted thereunder; or
(c) had any certificate, registration or permit issued under this act or the Kansas pesticide law revoked.
History:
L. 1985, ch. 5, § 10; L. 1988, ch. 356, § 34; July 1, 1989.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 33 - Chemigation Safety › 2-3311 Denial, suspension, revocation or modification of permit; notice and opportunity for hearing.

2-3311.
Denial, suspension, revocation or modification of permit; notice and opportunity for hearing.
The secretary may revoke, deny renewal or suspend, for any cause, a chemigation user's permit, after notice and opportunity for a hearing are given in accordance with the provisions of the Kansas administrative procedure act. The notice shall be sent to the registrant or permit holder at such person's address as shown by the records of the secretary, setting out the alleged grounds for revocation or suspension. The registrant or permit holder shall have the right to appear in person and by counsel and to testify and introduce evidence. If such person fails to appear, the matter may be heard in such person's absence. Any such hearing may be conducted by the secretary or a presiding officer from the office of administrative hearings.
History:
L. 1985, ch. 5, § 11; L. 1988, ch. 356, § 35; L. 2004, ch. 145, § 8; L. 2010, ch. 60, § 6; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 33 - Chemigation Safety › 2-3312 Same; judicial review of secretary's action.

2-3312.
Same; judicial review of secretary's action.
The registrant or permit holder may obtain review of an order of the secretary revoking or suspending a chemigation user registration or chemigation user's permit or denying or declining to issue or to renew such registration or permit in accordance with the Kansas judicial review act.
History:
L. 1985, ch. 5, § 12; L. 1986, ch. 318, § 15; L. 2010, ch. 17, § 15; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 33 - Chemigation Safety › 2-3313 Unlawful acts.

2-3313.
Unlawful acts.
It shall be unlawful for any person required to be registered or to hold a permit under the provisions of this act to:
(a) Make a pesticide use or application not in accordance with the directions for use shown on the label registered under the Kansas agricultural chemical act and by the federal environmental protection agency;
(b) knowingly use ineffective or improper equipment or materials;
(c) refuse or neglect to keep and maintain records required by this act or refuse or neglect to make records available when and as required by this act;
(d) make false or fraudulent records or reports;
(e) use fraud or misrepresentation in making an application for or renewal of a registration or permit issued under the provisions of this act;
(f) refuse or neglect to comply with any limitations or restrictions on or in a duly issued registration or permit;
(g) aid, abet or conspire with any person to evade any of the provisions of this act or allow a registration or permit issued under the provisions of this act to be used by a person not named on the registration or permit;
(h) impersonate any state, county or city inspector or official, as acting in their official capacity;
(i) use any chemigation method or pesticide, fertilizer or other chemical material without regard to public health, safety or welfare; or
(j) use the chemigation process without proper registration or permit issued under the provisions of this act.
History:
L. 1985, ch. 5, § 13; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 33 - Chemigation Safety › 2-3314 Injunctive relief for violations of act.

2-3314.
Injunctive relief for violations of act.
The district courts of Kansas shall have jurisdiction to restrain violations of this act by injunction without the institution of criminal proceedings. The injunction shall be issued without bond.
History:
L. 1985, ch. 5, § 14; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 33 - Chemigation Safety › 2-3315 Chemigation fee fund; expenditures.

2-3315.
Chemigation fee fund; expenditures.
The secretary shall remit all moneys received under this act 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 chemigation fee fund. All expenditures from the chemigation fee 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 agriculture or by a person or persons designated by the secretary.
History:
L. 1985, ch. 5, § 15; L. 1994, ch. 336, § 8; L. 2001, ch. 5, § 22; L. 2004, ch. 101, § 59; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 33 - Chemigation Safety › 2-3316 Subpoena power.

2-3316.
Subpoena power.
The secretary may issue subpoenas to compel the attendance of witnesses or production of books, documents and records anywhere in the state in any hearing affecting the authority or privilege granted by a registration or permit issued under the provisions of this act.
History:
L. 1985, ch. 5, § 16; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 33 - Chemigation Safety › 2-3317 Penalties.

2-3317.
Penalties.
(a) Any person who violates any of the provisions of the Kansas chemigation safety law, in addition to any other penalty provided by law, may incur a civil penalty imposed under subsection (b) in the amount fixed by rules and regulations of the secretary in an amount not less than $100 nor more than $5,000 for each violation and, in the case of a continuing violation, every day such violation continues shall be deemed a separate violation.
(b) A duly authorized agent of the secretary, upon a finding that a person or any employee or agent has violated the Kansas chemigation safety law, may impose a civil penalty as provided in this section upon such person.
(c) No civil penalty shall be imposed pursuant to this section except upon the written order of the duly authorized agent of the secretary to the person who committed the violation. Such order shall state the violation, the penalty to be imposed and the right of such person to appeal to the secretary. Any such person, within 20 days after notification, may make written request to the secretary for a hearing or informal conference hearing in accordance with the provisions of the Kansas administrative procedure act. The secretary shall affirm, reverse or modify the order and shall specify the reasons therefor.
(d) Any person aggrieved by an order of the secretary made under this section may appeal such order to the district court in the manner provided by the Kansas judicial review act.
(e) Any civil penalty recovered pursuant to the provisions of this section shall be remitted to the state treasurer. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund.
(f) This section shall be a part of and supplemental to the Kansas chemigation safety law.
History:
L. 1989, ch. 7, § 4; L. 2001, ch. 5, § 23; L. 2010, ch. 17, § 16; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 33 - Chemigation Safety › 2-3318 Application of swine waste; authority of secretary of health and environment; nutrient utilization plans, review and approval; penalties for violations.

2-3318.
Application of swine waste; authority of secretary of health and environment; nutrient utilization plans, review and approval; penalties for violations.
(a) Regardless of whether irrigation water is added, whenever swine waste is applied to crops or land, the secretary of health and environment is authorized to investigate, inspect or conduct any manner of examination or review of the application of swine waste. No swine waste shall be applied to crops or land in excess of agronomic application rates.
(b) The secretary of health and environment shall review and approve all nutrient utilization plans that provide for the application of swine waste to crops or land and that are submitted by swine confined feeding facilities pursuant to K.S.A. 65-1,182, and amendments thereto, if the plans demonstrate that swine waste will be applied pursuant to agronomic application rates and include all required information. Nutrient utilization plans shall be submitted on a form required by the secretary of health and environment.
(c) Failure of the operator of a swine confined feeding facility to implement a nutrient utilization plan approved by the secretary of health and environment shall be considered a violation of the Kansas chemigation safety law for which the secretary may suspend a permit pursuant to K.S.A. 2-3310, and amendments thereto, or may impose a civil penalty pursuant to K.S.A. 2-3317, and amendments thereto, or both.
(d) This section shall be part of and supplemental to the Kansas chemigation safety law.
History:
L. 1998, ch. 143, § 24; L. 2002, ch. 181, § 14; L. 2009, ch. 128, § 34; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 36 - Agricultural Seed Council › 2-3601 Definitions.

2-3601.
Definitions.
As used in this act:
(a) "Council" means the Kansas agricultural seed council.
(b) "Seedsman" or "seedsmen" means a person, private entity or corporation registered with the Kansas department of agriculture to sell seed in Kansas.
(c) "Agricultural seed," "retailer" and "wholesaler" have the meanings provided by K.S.A. 2-1415, and amendments thereto.
History:
L. 1998, ch. 88, § 1; L. 2004, ch. 101, § 160; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 36 - Agricultural Seed Council › 2-3603 Powers and duties of council.

2-3603.
Powers and duties of council.
In the administration of this act, the council shall have the following duties, authorities and powers:
(a) To conduct a campaign of seed industry development, through research, education and information;
(b) to accept grants and donations;
(c) to sue and be sued;
(d) to enter into such contracts as may be necessary or advisable for the purpose of this act;
(e) to appoint an administrator who is knowledgeable about the seed industry and fix the compensation. With the approval of the council, the administrator may appoint such other personnel as is needed;
(f) to cooperate or contract with any local, state or national organization or agency, whether voluntary or created by the law of any state, or by national law, engaged in work or activities similar to the work and activities of the council, and to enter into contracts and agreements with such organizations or agencies for carrying on a joint campaign of research, education and promotion;
(g) to establish an office of the administrator at any place in this state the council may select;
(h) to adopt, rescind, modify and amend all necessary and proper orders, resolutions and rules for the procedure and exercise of its powers and the performance of its duties; and
(i) to approve an annual budget and establish a reserve. Each project budgeted and approved by the council shall include a stated objective and anticipated results. In the council's annual report to the industry, the council shall include those objectives and actual results.
History:
L. 1998, ch. 88, § 3; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 37 - Environmental Remediation › 2-3701 Short title.

2-3701.
Short title.
K.S.A. 2-3701 through 2-3714, and amendments thereto, may be cited as the agricultural and specialty chemical remediation act.
History:
L. 2000, ch. 82, § 1; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 37 - Environmental Remediation › 2-3703 Purpose; rules and regulations; annual reports.

2-3703.
Purpose; rules and regulations; annual reports.
(a) There is hereby established the remediation linked deposit loan program, which shall be administered by the state treasurer. The program shall be for the purpose of providing loans to eligible persons to pay the costs of corrective action approved by the department of health and environment or taken in accordance with requests or orders issued by the department of health and environment. Such loans shall be made only for projects approved by the board.
(b) The state treasurer may adopt rules and regulations to administer and implement the remediation linked deposit loan program.
(c) On or before February 1 of each year, the state treasurer shall submit to the governor, the senate standing committee on energy and natural resources and the house of representatives standing committee on environment an annual report on the activities of the remediation linked deposit loan program.
History:
L. 2000, ch. 82, § 3; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 37 - Environmental Remediation › 2-3704 Loans; application; limitations; use; approval or rejection.

2-3704.
Loans; application; limitations; use; approval or rejection.
(a) The state treasurer is hereby authorized to disseminate information and provide remediation linked deposit loan packages to lending institutions eligible for participation in the remediation linked deposit loan program.
(b) The remediation linked deposit loan package shall be completed by the eligible person applying for the loan before the package is forwarded to the lending institution for consideration.
(c) (1) An eligible lending institution that agrees to receive a remediation linked deposit shall accept and review applications for remediation linked deposit loans from eligible persons. The lending institution shall apply all usual lending standards to determine the credit worthiness of eligible persons applying for remediation linked deposit loans. The total amount of linked deposit loans for any one site shall not exceed $300,000. The total amount of linked deposits pursuant to K.S.A. 2-3701 through 2-3714, and amendments thereto, shall not exceed $5,000,000 at any one time.
(2) Only one remediation linked deposit loan shall be made and be outstanding at any one time to any eligible person.
(3) No remediation linked deposit loan shall be amortized for a period of more than 10 years.
(d) An eligible person applying for a remediation linked deposit loan shall certify on the loan application that the loan will be used exclusively for the purpose of paying costs of corrective action approved by the department of health and environment or taken in accordance with requests or orders issued by the department of health and environment.
(e) The eligible lending institution may approve or reject a remediation linked deposit loan package based on the lending institution's evaluation of the applicant included in the package, the amount of the individual loan in the package and other appropriate considerations.
(f) The eligible lending institution shall forward to the state treasurer an approved remediation linked deposit loan package, in the form and manner prescribed and approved by the state treasurer. The package shall include information regarding the amount of the loan requested by the applicant and such other information as the state treasurer requires, including a certification by the applicant that the applicant is an eligible person.
History:
L. 2000, ch. 82, § 4; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 37 - Environmental Remediation › 2-3705 Procedures for making deposits; deposit agreement, terms.

2-3705.
Procedures for making deposits; deposit agreement, terms.
(a) If sufficient moneys are not available for a remediation linked deposit, applications may be considered in the order received when moneys are once again available, subject to a review by the lending institution.
(b) Upon acceptance, the state treasurer shall certify to the director of investments the amount required for a remediation linked deposit loan package and the director of investments shall place a remediation linked deposit in the amount certified by the state treasurer with the eligible lending institution at an interest rate which is 2% below the market rate, as determined under K.S.A. 75-4237, and amendments thereto, and which shall be recalculated on the first business day of January and July of each calendar year using the market rate then in effect. The minimum interest rate shall be .50%, if the market rate is below 2.5%. When necessary, the state treasurer may request the director of investments to place such remediation linked deposit prior to acceptance of a remediation linked deposit loan package.
(c) The eligible lending institution shall enter into a remediation linked deposit agreement with the state treasurer. Such agreement shall include requirements necessary to implement the purposes of the remediation linked deposit loan program. Such requirements shall include an agreement by the eligible lending institution to lend an amount equal to the remediation linked deposit to eligible persons at an interest rate that is not more than 2% above the market rate, as determined under K.S.A. 75-4237, and amendments thereto, and which shall be recalculated on the first business day of each calendar year using the market rate then in effect. The agreement shall include provisions for the remediation linked deposit to be placed for a maturity considered appropriate in coordination with the underlying remediation linked deposit loan. The agreement shall include provisions for the reduction of the remediation linked deposit in an amount equal to any payment of loan principal by the eligible person.
History:
L. 2000, ch. 82, § 5; L. 2009, ch. 123, § 1; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 37 - Environmental Remediation › 2-3706 Procedures for making loans; interest rate.

2-3706.
Procedures for making loans; interest rate.
Upon the placement of a remediation linked deposit with an eligible lending institution, the institution shall make the loan to each approved eligible person listed in the remediation linked deposit loan package in accordance with the remediation linked deposit agreement between the institution and the state treasurer. The loan shall be at a rate as provided in K.S.A. 2-3705, and amendments thereto. A certification of compliance with this section in the form and manner as prescribed by the state treasurer shall be required of the eligible lending institution.
History:
L. 2000, ch. 82, § 6; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 37 - Environmental Remediation › 2-3707 Effect of late payment or default.

2-3707.
Effect of late payment or default.
Neither the state nor the state treasurer shall be liable to any eligible lending institution in any manner for payment of the principal or interest on a remediation linked deposit loan pursuant to K.S.A. 2-3701 through 2-3714, and amendments thereto. Any delay in payments or default on the part of an eligible person does not in any manner affect the remediation linked deposit agreement between the eligible lending institution and the state treasurer.
History:
L. 2000, ch. 82, § 7; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 37 - Environmental Remediation › 2-3708 Purpose; amount of reimbursement, limits.

2-3708. Purpose; amount of reimbursement, limits.
(a) There is hereby established the remediation reimbursement program. The program shall be for the purpose of:
(1) Providing reimbursement to eligible persons for the costs of corrective action approved by the department of health and environment or taken in accordance with requests or orders issued by the department of health and environment; and
(2) providing funding to the Kansas pesticide waste disposal program in accordance with K.S.A. 2-3716, and amendments thereto.
(b) The amount of reimbursement that an eligible person may receive from the fund shall be limited as follows:
(1) Except as provided in paragraph (2), for an eligible person who has paid all applicable assessments imposed pursuant to K.S.A. 2-3713, and amendments thereto, reimbursement per site shall not exceed an amount equal to: (A) 90% of total eligible corrective action costs greater than $1,000 and less than or equal to $100,000; plus (B) 80% of total eligible corrective action costs greater than $100,000 and less than or equal to $200,000. The total amount reimbursed for any one site shall not exceed $200,000 within a five-year period or as otherwise set forth by the board pursuant to rules and regulations, unless the property has been sold or leased and both the buyer and seller or lessee and lessor are responsible for remediation, in which case the total amount reimbursed for any such site shall not exceed $400,000 within a five-year period or as otherwise set forth by the board pursuant to rules and regulations.
(2) For an eligible person who is not required to pay or has not paid any assessment imposed pursuant to K.S.A. 2-3713, and amendments thereto, or for a pesticide dealer who has paid the annual $5 assessment pursuant to K.S.A. 2-3713(a)(4), and amendments thereto, reimbursement per site shall not exceed an amount equal to 100% of total eligible corrective action costs greater than $1,000 and less than or equal to $10,000.
History:
L. 2000, ch. 82, § 8; L. 2001, ch. 47, § 2; L. 2008, ch. 6, § 1; L. 2021, ch. 74, § 14; May 6.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 37 - Environmental Remediation › 2-3709 Kansas agricultural remediation board; creation.

2-3709. Kansas agricultural remediation board; creation.
(a) There is hereby created the Kansas agricultural remediation board. The board shall consist of five members appointed by the governor. Of the five members, one shall be a representative of agricultural retailers, one shall be a representative of agricultural producers, one shall be a representative of agricultural processors, one shall be a representative of specialty chemical distributors or retailers and one shall be a representative of agricultural and specialty chemical registrants. Not more than three voting members shall be members of the same political party. One representative of the Kansas department of agriculture and one representative of the Kansas department of health and environment shall serve as members of the board ex officio.
(b) Except as provided by this section, the term of office of each member of the board shall be four years. Each member shall serve until a successor is appointed. Whenever a vacancy occurs in the membership of the board prior to the expiration of a term of office, the governor shall appoint a qualified successor to fill the unexpired term.
(c) The governor shall designate the chairperson and vice-chairperson of the board from the members of such board.
(d) Meetings shall be held as determined by the board.
(e) Members of the board attending meetings of the board, or attending a subcommittee meeting thereof authorized by the board, shall be paid compensation, subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3223, and amendments thereto.
History:
L. 2000, ch. 82, § 9; L. 2005, ch. 5, § 1; L. 2012, ch. 140, § 1; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 37 - Environmental Remediation › 2-3710 Same; powers and duties.

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.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 37 - Environmental Remediation › 2-3711 Kansas agricultural remediation fund; creation.

2-3711.
Kansas agricultural remediation fund; creation.
(a) There is hereby created in the state treasury the Kansas agricultural remediation fund.
(b) All expenditures from the Kansas agricultural remediation 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 chairperson of the board or by a person or persons designated by the chairperson.
(c) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the Kansas agricultural remediation fund interest earnings based on:
(1) The average daily balance of moneys in the Kansas agricultural remediation fund for the preceding month; and
(2) the net earnings rate of the pooled money investment portfolio for the preceding month.
History:
L. 2000, ch. 82, § 11; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 37 - Environmental Remediation › 2-3712 Assessments; when required.

2-3712. Assessments; when required.
(a) If the unobligated principal balance of the Kansas agricultural remediation fund equals or exceeds $3,000,000 on April 1 of any year, the assessments imposed by K.S.A. 2-3713, and amendments thereto, shall not be levied on or after the next July 1. If the unobligated principal balance of the fund equals $1,000,000 or less on April 1 of any following year, the assessments imposed by K.S.A. 2-3713, 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 board of the amount of the unobligated balance of the fund on April 1 of such year. Upon receipt of the notice, the board shall notify the secretary of agriculture, who shall notify fee payers under K.S.A. 2-3713, and amendments thereto, if the levy of assessments under that section will terminate or recommence on the following July 1.
History:
L. 2000, ch. 82, § 12; L. 2019, ch. 2, § 1; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 37 - Environmental Remediation › 2-3714 Abolition of programs.

2-3714. Abolition of programs.
On July 1, 2030, the remediation linked deposit loan program, the remediation reimbursement program and the fund are hereby abolished.
History:
L. 2000, ch. 82, § 14; L. 2008, ch. 6, § 3; L. 2019, ch. 2, § 3; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 37 - Environmental Remediation › 2-3715 Kansas pesticide waste disposal program; creation.

2-3715. Kansas pesticide waste disposal program; creation.
(a) There is hereby established a Kansas pesticide waste disposal program to be administered by the secretary of agriculture for the collection and disposal of pesticide waste in the state.
(b) The program shall be funded in accordance with K.S.A. 2-3716, and amendments thereto.
History:
L. 2021, ch. 74, § 1; May 6.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 37 - Environmental Remediation › 2-3716 Kansas pesticide waste disposal fund; creation; expenditures and transfers; annual expenditure report.

2-3716. Kansas pesticide waste disposal fund; creation; expenditures and transfers; annual expenditure report.
(a) There is hereby created in the state treasury the Kansas pesticide waste disposal fund. All moneys credited to the Kansas pesticide waste disposal fund shall be used by the secretary of agriculture for the Kansas pesticide waste disposal program established by K.S.A. 2-3715, and amendments thereto. All expenditures from the Kansas pesticide waste disposal 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 agriculture.
(b) The Kansas agricultural remediation board may approve an annual transfer of moneys from the Kansas agricultural remediation fund to the Kansas pesticide waste disposal fund in an amount that shall not exceed $50,000 per calendar year. Upon such approval, the director of accounts and reports shall transfer such approved moneys from the Kansas agricultural remediation fund to the Kansas pesticide waste disposal fund.
(c) On or before January 1 of each year, the secretary of agriculture shall submit to the Kansas agricultural remediation board a report concerning the annual expenditures made from the Kansas pesticide waste disposal program.
(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 Kansas pesticide waste disposal fund interest earnings based on:
(1) The average daily balance of moneys in the Kansas pesticide waste disposal fund for the preceding month; and
(2) the net earnings rate of the pooled money investment portfolio for the preceding month.
History:
L. 2021, ch. 74, § 2; May 6.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 38 - Farmers' Markets. › 2-3801 Farmers' market promotion act.

2-3801. Farmers' market promotion act.
The provisions of K.S.A. 2-3801 through 2-3804, and amendments thereto, shall be known and may be cited as the Kansas farmers' market promotion act.
History:
L. 2013, ch. 73, § 1; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 38 - Farmers' Markets. › 2-3802 Same; definitions.

2-3802. Same; definitions.
As used in this act:
(a) "Department" means the Kansas department of agriculture.
(b) "Farmers' market" means a common facility or area where producers or growers gather on a regular, recurring basis to sell fresh fruits, vegetables, meats and other farm products directly to consumers. "Farmers' market" includes, but is not limited to, short-term festivals, roadside stands or other agricultural product sales or other locations or any market, sales event or other related event, series of events or venue that advertises, promotes or uses the term "farmers' market" or any derivative thereof, as a part of the name of such market, sales event, or other related event or venue.
(c) "Farmers' market operator" means the person who promotes or manages the activities at a farmers' market registered under this act.
(d) "Participant" means any person who attends a farmers' market or who sells, purchases or consumes any products offered or sold at a farmers' market.
(e) "Secretary" means the secretary of agriculture or the secretary's authorized representative.
History:
L. 2013, ch. 73, § 2; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 38 - Farmers' Markets. › 2-3803 Same; central registration of farmers' markets; secretary as registration authority.

2-3803. Same; central registration of farmers' markets; secretary as registration authority.
(a) There is hereby established a central registration of farmers' markets which shall be maintained by the department. Such central registration of farmers' markets shall be for the purpose of encouraging and promoting farmers' markets across the state and shall assist the department in promoting Kansas agriculture by more efficiently connecting producers with consumers. Any farmers' market operator may register with the secretary on forms provided by the secretary. There shall be no charge for registration. The secretary shall maintain a list of such registered entities for dissemination to members of the public.
(b) The secretary shall be the registration authority for farmers' markets in the state and may apply for any federal, state, local or private grant programs or other funding opportunities as the secretary may determine will assist in the creation or promotion of farmers' markets in the state.
History:
L. 2013, ch. 73, § 3; July 1.