65-3322. Kansas water pollution control revolving fund established; sources of revenue; use of moneys credited to fund.
65-3322
65-3322. Kansas water pollution control revolvingfund established; sources of revenue; useof moneys credited to fund.(a) There is hereby established in the state treasury a fund to bemaintained in perpetuity and to be known as the Kansas water pollutioncontrol revolving fund. The fund shall consist of:
(1) Amounts awarded or otherwise made available to this state under thefederal act for the purposes of the fund;
(2) amounts appropriated or otherwise made available by the legislaturefor the purposes of the fund;
(3) the proceeds, if any, derived from the sale of bonds issued by theKansas development finance authority for the purposes of the fund to theextent provided in any agreement entered into by the secretary and theauthority;
(4) amounts of repayments made by municipalities of loans received underK.S.A. 65-3321 through 65-3329, and amendments thereto, together with paymentsof interest thereon, in accordance with agreements entered into by suchmunicipalities and the secretary;
(5) amounts earned on moneys in the fund; and
(6) amounts contributed or otherwise made available by anypublic orprivate entity for use in effectuating the purposes of the fund.
(b) Subject to the conditions and in accordance with requirements ofthe federal act and the provisions of K.S.A. 65-3321through 65-3329, and amendments thereto, the fund may be used only:
(1) To make loans to municipalities for payment of all or a part of projectcosts;
(2) to carry out planning for wastewater treatments works;
(3) for implementation of nonpoint source pollution control programs;
(4) as a source of revenue or security for the payment of principal andinterest on bonds issued by the Kansas development finance authority if, and tothe extent that, the proceeds of the sale of such bonds are deposited in thefund;
(5) as a source of revenue or security for the payment of principal andinterest on bonds issued by the Kansas development finance authority pursuantto the provisions of K.S.A. 65-163d through 65-163u, and amendmentsthereto;
(6) to earn interest on moneys in the fund;
(7) to make grants to qualifying projects as authorized bythe federalappropriation act of1996 (P.L. 104-134), in accordance with the rural communities hardship grantsprogramimplementation guidelines (Federal Register, March 20, 1997);
(8) to make grants to qualifying projects as authorized bythe consolidatedappropriationsact of 2001 (P.L. 106-554), in accordance with the wet weather water qualityact of 2000; and
(9) for the reasonable costs, in amounts not to exceed 4%of all amountsawarded to the state for the fund under title VI of the federal act, ofadministering the fund and conducting activities under K.S.A.65-3321 through 65-3329, and amendments thereto, and for reasonablecosts after amounts cease to beawarded by the federal government under title VI of the federal act, asdetermined by the secretary, of administering the fund and conductingactivities under K.S.A. 65-3321 through 65-3329, and amendments thereto. Suchcosts shall be identified annually in development of the intended use plan asdescribed in K.S.A. 65-3325, and amendments thereto.
(c) On or before the 10th of each month, the director of accounts andreports shalltransfer from the state general fund to the Kansas water pollution controlrevolving fundinterest earnings based on:
(1) The average daily balance of moneys in the Kansas water pollutioncontrol revolving fundfor the preceding month; and
(2) thenet earnings rate of the pooled money investment portfolio for the precedingmonth.
(d) All payments and disbursements from the fund shall be made uponwarrants of the director of accounts and reports issued pursuant tovouchers approved by the secretary or by a person or persons designated bythe secretary. All payments and disbursements from the fund, and beginningand ending balances thereof, shall be subject each year to post audit inaccordance with article 11 of chapter 46 of the Kansas Statutes Annotated.
History: L. 1988, ch. 320, § 2;L. 1992, ch. 272, § 6;L. 1996, ch. 253, § 14;L. 2001, ch. 70, § 1;L. 2006, ch. 100, § 2; July 1.