Authorizing the chief engineer to adopt rules and regulations under the watershed district act and concerning fees and inspections of dams.
Impact
One key aspect of HB 2114 is the introduction of increased application fees for permits concerning construction, modification, or addition to dams and water obstructions. With fees that vary based on the hazard class of the dam, this change aims to enhance the funding for oversight and ensure the proper management of water resources. Additionally, the bill establishes a system of civil penalties ranging from $100 to $1,000 for violations related to non-compliance with regulations, with funds collected directed to the water structures fund, thereby reinforcing financial accountability.
Summary
House Bill 2114 aims to clarify regulations concerning water obstructions, specifically focusing on dams and levees within the state of Kansas. This bill stipulates that significant changes must be made to the laws governing the construction and modification of these structures, mandating that proper permits be obtained from the chief engineer of the Kansas Department of Agriculture before any dam-related activities can commence. The bill also defines what constitutes a dam and establishes different classes of dams based on height and storage capacity, which streamlines the process for permitting and inspections.
Contention
Opponents of HB 2114 have expressed concerns regarding the increased financial burden on individuals and entities constructing or modifying dams, particularly due to the elevated permit fees and potential penalties. The heightened regulatory framework could be perceived as overly stringent, which may lead to apprehension among local governments and property owners about their capacity to maintain or alter essential water structures. Proponents, however, argue that the need for stringent safety measures outweighs these concerns, emphasizing the importance of compliance in preventing future environmental disasters associated with poorly maintained water infrastructure.
Specifying when boards of directors for irrigation districts of 35,000 or more acres may conduct board member elections by mail ballot and establishing the terms for such members.
Allowing a groundwater management district the opportunity to provide a written comment rather than a recommendation to the chief engineer for a proposed water conservation area and management plan.
Making amendments to the elevator safety act concerning the definition of elevator, licensure requirements, inspection and testing requirements and adoption of rules and regulations.
Requiring groundwater management districts to submit annual written reports to the legislature and to provide water conservation and stabilization action plans to the chief engineer.
Authorizing the secretary of health and environment to adopt rules and regulations for an annual certification program for the replacement of distribution systems segments and increasing the amortization period on loans from the Kansas water pollution control revolving fund.
Providing an additional corrective control provision for the chief engineer to consider when issuing orders of designations for local enhanced managements areas and intensive groundwater use control areas.
Regulating the sale and distribution of kratom products, requiring the secretary of agriculture to adopt rules and regulations and requiring licensure of kratom product dealers.
Allowing a majority of eligible voters in a groundwater management district or an area for a proposed extension or reduction of a district to petition the chief engineer to extend or reduce the territory in a groundwater management district.
Updating references and corresponding changes related to 2021 Executive Reorganization Order No. 48 and the transfer of the division of tourism from the department of wildlife and parks to the department of commerce.
Specifying when boards of directors for irrigation districts of 35,000 or more acres may conduct board member elections by mail ballot and establishing the terms for such members.
Authorizes a surcharge for the issuance of permits relating to the obstruction or closure of a street or pedestrian plaza for construction purposes in a city having a population of one million or more and to the imposition of such surcharge.