2006 Kansas Code - 65-1,177

      65-1,177.   Same; commission on surface water quality standards; duties; report; revision or reinstatement of 1994 standards. (a) There is hereby created the Kansas special commission on surface water quality standards. Within the limits of appropriations therefor, the commission shall undertake the following activities:

      (1)   Investigate and evaluate the technical and scientific basis of the 1994 surface water quality standards, including: (A) Stream designations use attainability analysis as required when compiling the 1996 Kansas Water Quality Assessment 305(b) report pursuant to 33 U.S.C. 1315(b)(1)(D) or 33 U.S.C. 1313(c)(2)(A); (B) low, high and yearly average flow impact criteria; and (C) scientific appropriateness of the criteria guidance of the United States Environmental Protection Agency and the department;

      (2)   evaluate whether the 1994 surface water quality standards, including the use designations, surface water chemical and microbial criteria and the "Kansas Surface Water Register," as published by the department on June 20, 1994, are based on sound scientific and technical data and information, whether such standards are more stringent than are required by federal law and those of other midwestern and plains states, whether generally accepted criteria exist for evaluating the appropriateness and cost-effectiveness of the standard and whether the department should be directed to make any changes in the standards;

      (3)   develop and recommend cost-benefit or risk assessment models for the evaluation of the impact of surface water quality standards on the various elements of the environment, health and economy of Kansas, including but not limited to human health, animal and plant species actually found or likely to be reintroduced in Kansas waters, industry, agriculture and wastewater treatment;

      (4)   assess the probability that designated uses contained in the surface water quality standards can be attained in a cost-effective and reasonable manner when requirements are met;

      (5)   evaluate whether the 1994 surface water quality standards were adopted in full compliance with the requirements of Kansas law in effect at the time of adoption of the standards and whether the estimates of economic impact completed at the time accurately predicted the fiscal impact of the standards on communities facing compliance with the standards in 1997 and 1998;

      (6)   advise the governor, legislature and secretary of any revisions to the 1994 surface water quality standards that are justified based on additional scientific and technical information and data;

      (7)   advise the governor, legislature and secretary whether the department's process of revising the 1994 surface water quality standards is in full compliance with federal and state law;

      (8)   advise the governor, legislature and secretary regarding the extent of the department's compliance with the provisions of 1996 House Resolution No. 6013, concerning consultation with community officials on the impacts of the 1994 surface water quality standards on the communities of the state; and

      (9)   recommend the adoption of any procedures that the commission deems advisable to ensure the collection and evaluation of scientific and technical information necessary for the revision of the 1994 surface water quality standards in future years.

      (b)   In completing its study, the commission shall evaluate and advise the governor, legislature and secretary whether:

      (1)   There is reliable scientific documentation of the actual existence of the species that are designed to be protected by the special aquatic use designation contained in the 1994 surface water quality standards; and

      (2)   the special aquatic use designation and reduced mixing zone requirements contained in the 1994 surface water quality standards are based on any recognized scientific data and models and whether there is an established and clear relationship between the presence of the regulated pollutants and the protection or restoration of the targeted aquatic species.

      (c)   The commission shall consist of seven members appointed by the governor. All members shall serve at the pleasure of the governor. The term of office of such members shall commence at the time of appointment until July 1, 1998, or unless the commission or the appointment is terminated by action of the governor on an earlier date. The chairperson of the commission shall be appointed by the governor from among the members of the commission. The staff of the department of health and environment, the Kansas department of agriculture, the Kansas biological survey and the department of wildlife and parks shall cooperate with and assist the deliberations of the commission.

      (d)   Members of the commission shall have experience in one or more of the following areas and disciplines: Environmental sciences; civil engineering; business and industry; public finance; municipal wastewater treatment; agriculture or agribusiness; environmental law; public health sciences; aquatic biology; risk assessment; and cost benefit analysis. At least one member shall represent the general public. Except for faculty members of universities under the supervision of the Kansas board of regents, no state officer or employee shall serve on the commission.

      (e)   Before assuming office as a member of the commission, each person appointed as a member shall complete and file with the office of the secretary of state:

      (1)   A statement containing the information required in a statement of substantial interests pursuant to K.S.A. 46-247 and amendments thereto; and

      (2)   a list of citations of any publications written by the person.

      (f)   Within the limits of appropriations provided therefor, the commission may retain such consultants and temporary staff as the commission deems necessary to complete the commission's investigations and final report. The secretary of administration shall provide appropriate space for the meetings of the commission. Each member of the commission shall receive compensation, subsistence, mileage and expenses as provided by K.S.A. 75-3223 and amendments thereto.

      (g)   On or before January 1, 1998, the commission shall submit a preliminary report to the governor and the legislature. The commission shall submit a final report to the governor and the legislature on or before June 30, 1998. The department shall hold public hearings and accept public comment on the commission's final report. After completion of the hearings and receipt of the comments, the department shall develop and publish proposed rules and regulations on or before December 31, 1998, and shall adopt rules and regulations in accordance with the rules and regulations filing act. On and after July 1, 1999, all stream designations and criteria contained in the 1994 surface water quality standards shall be in full force and effect unless otherwise revised by rules and regulations adopted by the secretary.

      History:   L. 1997, ch. 148, § 3; L. 2004, ch. 101, § 169; July 1.