As Amended by House Committee
Session of 2023
HOUSE BILL No. 2047
By Committee on Water
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AN ACT concerning water; relating to water infrastructure projects;
authorizing the secretary of health and environment to adopt rules
and regulations for an annual certification program for the
replacement of distribution systems segments; relating to the Kansas
water pollution control revolving fund; increasing the amortization
period on loans from the Kansas water pollution control revolving
fund; amending K.S.A. 65-163 and 65-3326 and repealing the existing
section sections.
Be it enacted by the Legislature of the State of Kansas:
{Section 1. K.S.A. 65-163 is hereby amended to read as follows:
65-163. (a) (1) No person shall operate a public water supply system
within the state without a public water supply system permit from the
secretary. An application for a public water supply system permit shall
be submitted for review and approval prior to construction and shall
include:
(A) A copy of the plans and specifications for the construction of
the public water supply system or the extension thereof;
(B) a description of the source from which the water supply is to
be derived;
(C) the proposed manner of storage, purification or treatment for
the supply; and
(D) such other data and information as required by the secretary
of health and environment. No source of water supply in substitution
for or in addition to the source described in the application or in any
subsequent application for which a public water supply system permit
is issued shall be used by a public water supply system, nor shall any
change be made in the manner of storage, purification or treatment of
the water supply without an additional public water supply system
permit obtained in a manner similar to that prescribed by this section
from the secretary.
(2) Whenever application is made to the secretary for a public
water supply system permit under the provisions of this section, it
shall be the duty of the secretary to examine the application without
delay and, as soon as possible thereafter, to grant or deny the public
water supply system permit subject to any conditions which that may
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be imposed by the secretary to protect the public health and welfare.
(3) The secretary may adopt rules and regulations establishing a
program of annual certification by public water supply systems that
have staff qualified to approve the extension of distribution systems or
the replacement of segments of distribution systems without the necessity
of securing an additional permit for the extension or replacement
provided the plans for the extension or replacement are prepared by a
professional engineer as defined by K.S.A. 74-7003, and amendments
thereto.
(b) (1) Whenever a complaint is made to the secretary by any city
of the state, by a local health officer, or by a county or joint board of
health concerning the sanitary quality of any water supplied to the
public within the county in which the city, local health officer or
county or joint board of health is located, the secretary shall
investigate the public water supply system about which the complaint
is made. Whenever the secretary has reason to believe that a public
water supply system within the state is being operated in violation of
an applicable state law or an applicable rule and regulation of the
secretary, the secretary may investigate the public water supply
system.
(2) Whenever an investigation of any public water supply system
is undertaken by the secretary, it shall be the duty of the supplier of
water under investigation to furnish to the secretary information to
determine the sanitary quality of the water supplied to the public and
to determine compliance with applicable state laws and rules and
regulations. The secretary may issue an order requiring changes in the
source or sources of the public water supply system or in the manner
of storage, purification or treatment utilized by the public water
supply system before delivery to consumers, or distribution facilities,
collectively or individually, as may in the secretary's judgment be
necessary to safeguard the sanitary quality of the water and bring
about compliance with applicable state law and rules and regulations.
The supplier of water shall comply with the order of the secretary.
(c) (1) As used in this subsection (c), "municipal water treatment
residues" means any solid, semisolid or liquid residue generated
during the treatment of water in a public water supply system
treatment works.
(2) A public water supply system may place or store municipal
water treatment residues resulting from sedimentation, coagulation or
softening treatment processes in basins on land under the ownership
and control of the public water supply system operator provided that
such storage or placement is approved and permitted by the secretary
under this section as part of the public water supply system.
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(3) The secretary shall adopt uniform and comprehensive rules
and regulations for the location, design and operation of such basins.
Such rules and regulations shall require permit applications by the
public water suppliers for such basins to include a copy of the plans
and specifications for the location and construction of each basin, the
means of conveyance of the treatment residues to such basins, the
content of treatment residues, the proposed method of basin operation
and closure, the method of any anticipated expansion and any other
data and information required by the secretary.
(4) Whenever complaint is made to the secretary by the mayor of
any city of the state, by a local health officer or by a county or joint
board of health, or whenever an investigation is undertaken at the
initiative of the secretary, relating to any alleged violation of the
provisions of the permit for placement or storage of municipal water
treatment residues in such basins, the public water supply system
operator shall furnish all information the secretary requires. If the
secretary finds that there is any violation of the terms of the permit,
that the means of placement and storage exceed the terms of the
permit or that any other condition exists by reason of the means of
placement and storage that may be detrimental to the health of any
inhabitants of the state or to the environment, the secretary shall have
the authority to issue an order amending the permit or otherwise
requiring the operator to perform remedial measures to curtail or
prevent such detrimental conditions.
(d) Orders of the secretary under this section, and hearings
thereon, shall be subject to the provisions of the Kansas
administrative procedure act. Any action of the secretary pursuant to
this section is subject to review in accordance with the Kansas judicial
review act. The court on review shall hear the case without delay.
(e) The secretary shall establish by rule and regulation a system
of fees for the inspection and regulation of public water supplies. No
such fee shall exceed $.002 per 1,000 gallons of water sold at retail by a
public water supply system. All such fees shall be paid quarterly in the
manner provided for fees imposed on retail sales by public water
supply systems pursuant to K.S.A. 82a-954, and amendments thereto.
The secretary shall remit all moneys collected for such fees 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 public water supply fee fund created by K.S.A. 65-163c,
and amendments thereto.
(f) There is hereby created an advisory committee to make
recommendations regarding:
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(1) Fees to be adopted by the secretary under subsection (e);
(2) means of strengthening on-site technical assistance to public
water supply systems;
(3) standards for on-site and classroom water treatment operator
certification programs;
(4) other matters concerning public water supplies; and
(5) to advise the secretary regarding expenditure of moneys in the
public water supply fee fund created by K.S.A. 65-163c, and
amendments thereto. Such advisory committee shall consist of one
member appointed by the secretary to represent the department of
health and environment, one member appointed by the director of the
Kansas water office to represent such office and two members
appointed by the secretary as follows: One from three nominations
submitted by the Kansas section of the American waterworks
association, and one from three nominations submitted by the Kansas
rural water association. Members of the advisory committee shall
serve without compensation or reimbursement of expenses. The
advisory committee shall meet at least four times each year on call of
the secretary or a majority of the members of the committee.}
Section 1. Sec. 2. K.S.A. 65-3326 is hereby amended to read as
follows: 65-3326. (a) Municipalities which that desire the provision of a
loan under K.S.A. 65-3321 through 65-3329, and amendments thereto,
shall submit an application therefor to the secretary. Applications shall be
in such form and shall include such information as the secretary shall
require and shall be submitted in a manner and at a time to be determined
by the secretary.
(b) The secretary may enter into agreements with any municipality
for the provision of a loan thereto for payment of all or a part of project
costs and any municipality may enter into such an agreement and may
accept such loan when so authorized by its governing body. The purposes
of the loan to be provided, the amount thereof, the interest rate thereon,
and the repayment terms and conditions thereof, all of which may vary
among municipalities, shall be included in the agreements. Loans shall be
provided at or below market interest rates and may be provided interest
free. All such agreements shall require that municipalities establish a
dedicated source of revenue for repayment of the loans as provided in
K.S.A. 65-3327, and amendments thereto. Such agreements shall further
provide that repayment of any loan received shall begin not later than one
year after completion of the project and that. For agreements entered into
on or before June 30, 2023, such loan shall be repaid in full no not later
than 20 years thereafter. On and after July 1, 2023, agreements for loans
shall provide that such loans shall be repaid in full not later than 30 years
thereafter.
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(c) In the event any municipality to which a loan is made available
under K.S.A. 65-3321 through 65-3329, and amendments thereto, fails to
enter into an agreement with the secretary for the provision of such loan in
accordance with the requirements of such statutes, the secretary is
authorized to make the amount of the loan available for one or more other
projects on the project priority list.
(d) The secretary shall provide any municipality, upon its request,
with technical advice and assistance regarding a project or an application
for a loan for the payment of all or a part of project costs.
Sec. 2. 3. K.S.A. 65-163 and 65-3326 is are hereby repealed.
Sec. 3. 4. This act shall take effect and be in force from and after its
publication in the statute book.
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