65-3024. Emissions fees. - Kansas Statutes

65-3024

Chapter 65.--PUBLIC HEALTH Article 30.--AIR QUALITY CONTROL

      65-3024.   Emissions fees.(a) The secretary may fix, charge and collect annual emissionsfees in amountsnecessary to pay the direct and indirect costs of administering the provisionsof the Kansas air quality act.The secretary shall adopt rules and regulations fixing such fees and shallperiodically increase or decrease such fees consistent with the need to coverthe direct and indirect costs of administeringthe program.To the extent possible, annual emission fees shall be based upon actualemissions determined pursuant to rules and regulations adopted by thesecretary. For purposes of determining emission fees for a facility, emissionsof any single regulated pollutant in excess of 4,000 tons per year shall not beincluded in the calculation when determining the total emissions from thefacility.

      (b)   There is hereby established in the state treasury the air quality feefund. Revenue from the following sources shall be deposited in the statetreasury and credited to the fund:

      (1)   Fees collected under subsection (a);

      (2)   any moneys recovered by the state under the provisions of this act,including administrative expenses, civil penalties and moneys paid under anyagreement, stipulation or settlement; and

      (3)   interest attributable to investment of moneys in the fund.

      (c)   Moneys deposited in the fund shall be expended only for the purpose ofadministering the Kansas air quality act,including funding of atechnical and environmental compliance assistance program, and for noother governmental purposes.

      (d)   On or before the 10th of each month, the director ofaccounts andreports shall transfer from the state general fund to the air quality fee fundinterest earnings based on:

      (1)   The average daily balance of moneys in the air quality fee fund for the preceding month; and

      (2)   the net earnings rate of the pooledmoney investment portfolio for the preceding month.

      (e)   All expenditures from the fund shall be made in accordance withappropriation acts upon warrants of the director of accounts and reports issuedpursuant to vouchers approved by the secretary for the purposes set forth inthis section.

      History:   L. 1993, ch. 13, § 8;L. 1996, ch. 253, § 13; May 23.