55-1,118. Same; fee fund.(a) (1) There is hereby established in the state treasurythe subsurfacehydrocarbonstorage fund to administer the provisions of K.S.A. 55-1,117 through55-1,122, andamendments thereto. Such fund shall be administered by thesecretary inaccordance with the provisions of this section.
(2) All moneys received by thesecretary as grants, gifts, bequests or state or federal appropriationsfor the purposes of K.S.A. 55-1,117 through 55-1,122, and amendmentsthereto, shall beremitted bythe secretary to the state treasurer in accordance with the provisions ofK.S.A. 75-4215, andamendments thereto. Upon receipt of each such remittance the state treasurershall deposit theentire amount in the state treasury to the credit of such fund.The secretary is authorized to receive from the federal government or any ofits agencies or fromany private or governmental source any funds made available for the purposes ofK.S.A. 55-1,117 through 55-1,122, and amendments thereto.
(3) All expenditures from this fundshall be made in accordance with appropriation acts and upon warrants of thedirector ofaccounts and reports issued pursuant to vouchers approved by the secretary.
(b) The secretary is authorized to use moneys from the subsurface hydrocarbonstorage fund to pay the cost of:
(1) All activities related to permitting activities including but not limitedto developmentand issuance of permits, compliance monitoring, inspections, well and wellsystem closures, longterm monitoring and enforcement actions;
(2) review and witnessing of test procedures;
(3) review and witnessing of routine workover or repair procedures;
(4) investigation of violations, complaints, pollution and events effecting public health;
(5) design and review of remedial action plans;
(6) contracting for services needed to supplement the department's staff expertise infacility investigations;
(7) consultation needed concerning remedial action at a permitted facility;
(8) mitigation of adverse environmental impacts;
(9) emergency or long-term remedial activities;
(10) legal costs, including expert witnesses, incurred in administration ofthe provisions of K.S.A. 55-1,117 through 55-1,122, and amendmentsthereto;and
(11) costs of program administration.
(c) On or before the 10th of each month, the director of accountsand reports shall transferfrom the state general fund to the subsurface hydrocarbon storage fund interestearnings basedon:
(1) The average daily balance of moneys in the subsurface hydrocarbon storagefund forthe preceding month; and
(2) the net earnings rate of the pooled money investment portfolio for theprecedingmonths.
History: L. 2001, ch. 191, § 10; July 1.