Kansas 2025-2026 Regular Session

Kansas House Bill HB2113 Compare Versions

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11 Session of 2025
22 HOUSE BILL No. 2113
33 By Committee on Water
44 Requested by Representative Minnix
55 1-28
66 AN ACT concerning water; relating to conservation districts; transferring
77 $5,000,000 each July 1 to match federal funding for conservation
88 districts; requiring conservation districts to provide water quality
99 sampling and the resulting aggregate data to the state geological
1010 survey; relating to funding for the state water plan and water
1111 infrastructure projects; making and concerning appropriations for fiscal
1212 years 2026, 2027 and 2028 for the state treasurer; providing for the
1313 enhanced transfer of moneys from the state general fund to the state
1414 water plan fund; requiring the Kansas water office to transfer
1515 appropriations for the water technical assistance fund, the water
1616 projects grant fund and the Kansas matching grant fund; matching grant
1717 funds to individuals and entities within water conservation areas and
1818 local enhanced management areas for new water technology adoption;
1919 amending K.S.A. 2024 Supp. 82a-955 and repealing the existing
2020 section.
2121 Be it enacted by the Legislature of the State of Kansas:
2222 New Section 1. (a) (1) There is hereby established in the state
2323 treasury the state conservation fund. All moneys credited to the state
2424 conservation fund shall be expended or transferred only for the purposes
2525 and in the manner provided by this section. All expenditures from the state
2626 conservation fund shall be made in accordance with appropriation acts for
2727 the financing of conservation programs.
2828 (2) It is the intent of the legislature that the state conservation fund
2929 shall remain intact and inviolate for the purposes set forth in this section,
3030 and moneys in the fund shall not be subject to the provisions of K.S.A. 75-
3131 3722, 75-3725a and 75-3726a, and amendments thereto.
3232 (3) Moneys credited to the state conservation fund shall be used to
3333 supplement existing appropriations and shall not be used to supplant state
3434 general fund or special revenue fund appropriations to the Kansas
3535 department of agriculture.
3636 (b) On July 1, 2025, and each July 1 thereafter, or as soon thereafter
3737 each such date as moneys are available, the director of accounts and
3838 reports shall transfer $5,000,000 from the state general fund to the state
3939 conservation fund.
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7575 (c) Moneys transferred to the state conservation fund shall be used to:
7676 (1) Provide a match of state moneys on the basis of $2 of state
7777 moneys to $1 of nonstate or private moneys; and
7878 (2) fund or otherwise provide domestic water quality sampling.
7979 (d) The division shall provide to the state geological survey aggregate
8080 data generated from any domestic water quality sampling that is carried
8181 out pursuant to subsection (c).
8282 (e) (1) The division shall adopt rules and regulations to administer the
8383 expending of moneys from the state conservation fund.
8484 (2) The division shall solicit input and facilitate public comment from
8585 industry members and stakeholders in developing such rules and
8686 regulations.
8787 (f) For purposes of this section:
8888 (1) "Division" means the division of conservation established within
8989 the Kansas department of agriculture by K.S.A. 74-5,126, and
9090 amendments thereto.
9191 (2) "Secretary" means the secretary of agriculture.
9292 Sec. 2. K.S.A. 2024 Supp. 82a-955 is hereby amended to read as
9393 follows: 82a-955. (a) On July 1, 2024, the director of accounts and reports
9494 shall transfer $45,000,000 from the state general fund to the state water
9595 plan fund and. On July 1, 2025, July 1, 2026, and July 1, 2027, the director
9696 of accounts and reports shall transfer $35,000,000 $55,000,000 from the
9797 state general fund to the state water plan fund. It is the intent of the
9898 legislature to provide for the transfer of $35,000,000 from the state general
9999 fund to the state water plan fund on July 1, 2026, and July 1, 2027.
100100 (b) (1) Except as provided in paragraph (2),  The state water plan
101101 fund shall continue to be appropriated and expended for the purposes
102102 prescribed in K.S.A. 82a-951, and amendments thereto, except that if an
103103 appropriation is made for any fiscal year as intended in subsection (a), on
104104 July 1 of such fiscal year, or as soon thereafter on each such dates date as
105105 moneys are available:
106106 (A) $5,000,000(1) $7,000,000 shall be transferred from the state
107107 water plan fund to the water technical assistance fund established in
108108 K.S.A. 2024 Supp. 82a-956, and amendments thereto; and
109109 (B) $12,000,000(2) $18,000,000 shall be transferred from the state
110110 water plan fund to the water projects grant fund established in K.S.A. 2024
111111 Supp. 82a-957, and amendments thereto.
112112 (2) On July 1, 2024, the director of accounts and reports shall transfer
113113 $7,500,000 from the state water plan fund to the water technical assistance
114114 fund and $19,500,000 from the state water plan fund to the water projects
115115 grant fund.
116116 (3)(c) The provisions of this section shall expire on July 1, 2028. On
117117 July 1, 2028, the director of accounts and reports shall transfer all moneys
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161161 in the water technical assistance fund and the water projects grant fund to
162162 the state water plan fund and all liabilities of the water technical assistance
163163 fund and the water projects grant fund shall be imposed upon the state
164164 water plan fund. On July 1, 2028, the water technical assistance fund and
165165 the water projects grant fund shall be abolished.
166166 (c)(d) (1) (A) Notwithstanding any restrictions in K.S.A. 82a-951,
167167 and amendments thereto, the Kansas water authority may recommend to
168168 the legislature the appropriation of up to 10% of the unencumbered
169169 balance of the state water plan fund to be used to supplement salaries of
170170 existing state agency full-time equivalent employees and for funding new
171171 full-time equivalent positions created to implement the state water plan.
172172 Moneys from such appropriation may be used to supplement existing
173173 positions, but except that such moneys shall not be used to replace state
174174 general fund moneys, any fee fund moneys or other funding for positions
175175 existing on July 1, 2023.
176176 (B) Eligible full-time equivalent positions that moneys may be used
177177 for pursuant to this paragraph include engineers, geologists, hydrologists,
178178 environmental scientists, attorneys, resource planners, grant specialists and
179179 any other similar positions.
180180 (2) If at least two conservation districts present a joint proposal to the
181181 Kansas water authority for a position or positions to provide shared
182182 services to all districts involved in such proposal, the Kansas water
183183 authority may recommend that moneys be used to supplement the salary or
184184 salaries of such position or positions pursuant to paragraph (1).
185185 (3) The Kansas water authority shall encourage funding requests from
186186 state and local entities that cooperate with qualified nonprofit entities on
187187 projects that provide a direct benefit to water quantity and quality,
188188 including water infrastructures that are both natural and constructed, and
189189 include matching funds from non-state sources.
190190 (4) The Kansas water authority may direct the Kansas water office to
191191 provide funding pursuant to K.S.A. 2024 Supp. 82a-956 or 82a-957, and
192192 amendments thereto, for the improvement of water infrastructure in an
193193 unincorporated area related to or serving a national park site or state
194194 historic site if the request for funding is made by a nonprofit organization
195195 or state agency that is willing to administer the moneys and oversee the
196196 project, and the Kansas water authority deems such applicant capable of
197197 successfully managing the project. Upon receipt of such a request, the
198198 Kansas water office may award moneys in any fiscal year prior to July 1,
199199 2028, with such awarding of moneys to be made at the discretion of the
200200 Kansas water office.
201201 (5) The Kansas water authority shall encourage the creation of grant
202202 programs for stockwatering conservation projects. Such grant programs
203203 shall prioritize the use of fees collected pursuant to K.S.A. 82a-954(a)(3),
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247247 and amendments thereto.
248248 (d)(e) All reporting requirements established in K.S.A. 82a-951, and
249249 amendments thereto, shall continue and such reporting requirements shall
250250 apply to the water technical assistance fund established in K.S.A. 2024
251251 Supp. 82a-956, and amendments thereto, and the water projects grant fund
252252 established in K.S.A. 2024 Supp. 82a-957, and amendments thereto.
253253 Sec. 3. K.S.A. 2024 Supp. 82a-955 is hereby repealed.
254254 Sec. 4. This act shall take effect and be in force from and after its
255255 publication in the Kansas register.
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