48-1625. Radiation control operations fee fund created; expenditures.
48-1625
48-1625. Radiation control operations fee fundcreated; expenditures.(a) There is hereby created in the state treasury theradiation control operations fee fund to administer the provisions of K.S.A.48-1601 through 48-1624, and amendments thereto. Such fund shall beadministered by the secretary of health and environment in accordance with theprovisions of this section.
(b) Revenue from the following sources shall be deposited in the statetreasury and credited to the radiation control operations fee fund:
(1) Fees collected for licenses and registrations, and renewals thereof,issued under the nuclear energy development and radiation control act;
(2) reimbursement for administrative, inspection, radioactive materialdisposal, investigation and remedial action expenses;
(3) excluding civil penalties, moneys paid pursuant to any agreement,stipulation or settlement;
(4) grants, gifts, bequests or state appropriations for thepurposes of K.S.A. 48-1601 through 48-1624, and amendments thereto; and
(5) interest attributable to investment of moneys in the fund.
Moneys described in this subsection which are receivedby the secretaryshall beremitted by the secretary to the state treasurer in accordance with theprovisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each suchremittance the state treasurer shall deposit the entire amount in the statetreasury to the credit of such fund.
The secretary of health and environment isauthorized to receive from the federal government or any of its agencies orfrom any private or governmental source any funds made available for thepurposes of K.S.A. 48-1601 through 48-1624, and amendments thereto.
(c) The secretary is authorized to use moneys from the radiation controloperations fee fund to pay the cost of:
(1) All activities related to licensing and registration, including but notlimited to, development and issuance of licenses, registrations and renewalsthereof, compliance monitoring, inspections, long term monitoring andenforcement actions and decontamination, decommissioning, reclamation orremedial actions;
(2) design and review of radioactive waste disposal facilities;
(3) review and witnessing of test and repair procedures;
(4) investigation of violations, complaints, pollution and events affectingthe environment or public health;
(5) design and review of remedial action plans;
(6) personnel training programs;
(7) contracting for services needed to supplement the department's staffexpertise in administering the provisions of K.S.A. 48-1601 through 48-1624,and amendments thereto;
(8) staff consultation needed to provide radiation protection servicesprovided under this act;
(9) mitigation of adverse environmental or public health impacts, includingimpounding sources of radiation;
(10) emergency or long-term remedial activities;
(11) administrative, technical and legal costs incurred by the secretary inadministering the provisions of K.S.A. 48-1601 through 48-1624, and amendmentsthereto; and
(12) costs of program administration, including the state's share of anygrant received from the federal government or from other sources, public orprivate.
(d) On or before the 10th of each month, the director of accounts and reportsshall transfer from the state general fund to the radiation control operationsfee fund interest earnings based on:
(1) The average daily balance of moneys in the radiation control operationsfee fund for the preceding month; and
(2) the net earnings rate of the pooled money investment portfolio for thepreceding months.
(e) All expenditures from this fund shall be made in accordance withappropriation acts and upon warrants of the director of accounts and reportsissued pursuant to vouchers approved by the secretary of health and environmentfor the purposes set forth in this section.
(f) Any appropriation of state general fund moneys for the fiscal yearending June 30, 2005, to pay costs described in subsection (c) shall be repaidto the state general fund from the radiation control operations fee fund. Onand after July 1, 2005, as moneys are available, but not later than June 30,2007, the director of accounts and reports shall transfer moneys from theradiation control operations fee fund to the state general fund to repay suchmoneys.
History: L. 2004, ch. 106, § 2; July 1.