48-942. Costs of emergency management plans and programs; fees.
48-942
48-942. Costs of emergency management plans andprograms; fees.(a) Persons engaged in the production of electricitythrough the utilization of nuclear energy at a nuclear facility shall pay feesto the adjutant general to cover the costs incurred by state and localgovernment agencies in establishing and maintaining appropriate emergencymanagementplans and programs for an accident at a nuclearfacility, including the costs of administering this act.
(b) Fees collected under the provisions of this act shall be usedexclusively to fund those state and local government activities approved asnecessary by the adjutant general to develop, maintain and implementappropriate plansand programs necessary for management for anaccident at a nuclear facility and for administrationof thisact.
(c) State agencies and local governments of Kansas incurring expensesattributable to developing and maintaining plans and programs to meetresponsibilities in the event of an accident at a nuclear facilitymay apply to the adjutant general for payment for those expenses. Uponapproval by the adjutant general of emergency managementbudgets submitted bystate and local government agencies therefor, the adjutant general shallpay or reimburse such expenses or may disburse moneys in advance of suchexpenses from fees collected pursuant to this act.
(d) The adjutant general shall remit all moneysreceived from fees fixed and collected pursuant to this act to the statetreasurer in accordance with the provisions of K.S.A. 75-4215, and amendmentsthereto. Upon receipt ofeach such remittance, the state treasurer shalldeposit the entire amount in the statetreasury to the credit of the nuclear safetyemergencymanagement fee fundwhich is hereby established in the state treasury. The adjutant general shalladminister the nuclear safety emergency management feefund. All expendituresfrom the nuclear safety emergency management fee fundshall be in accordancewith the provisions of appropriation acts. All moneys in the nuclear safetyemergency preparedness fee fund and all liabilities of such fund on the daypreceding the effective date of thisact shall be transferred to the nuclear safety emergency management fee fund.The nuclear safetyemergency preparedness fee fund is hereby abolished.
(e) When the total of all fees collected under this act during any fiscalyear exceeds the total expenditures from the nuclear safety emergencymanagement fee fund under this act from appropriations forthat fiscal year,the amount of receipts that exceeds such expenditures shall be credited to thepersons who were assessed such fees for that fiscal year, and such amount shallbecredited against the fees to be collected under this act for the ensuingfiscal year. Each such person shall receive as a credit that amount of theexcess which corresponds proportionately to the amount of fees the person paidwith respect to all fees collected under this act in the fiscal year thatproduced the excess.
History: L. 1993, ch. 113, § 3;L. 1994, ch. 248, § 24;L. 2001, ch. 5, § 179; July 1.