SB 27 extends the sunset dates for certain funds, an advisory board, and operators’
ability to apply for funds relating to underground storage tanks (USTs). The bill also increases deductible amounts and liability and replacement limits for certain funds within the Kansas Storage Tank Act that are managed by the Kansas Department of Health and Environment.
Sunset Date Extensions
The bill extends the following sunset dates:
● Underground Petroleum Storage Tank Release Trust Fund (Underground Fund)
from July 1, 2024, to July 1, 2034;
● Aboveground Petroleum Storage Tank Release Trust Fund (Aboveground Fund)
from July 1, 2024, to July 1, 2034;
● UST Redevelopment Fund Compensation Advisory Board from July 1, 2024, to
July 1, 2032;
● UST Redevelopment Fund from July 1, 2024, to July 1, 2032;
● The ability for certain petroleum storage tank owners and operators to apply for
reimbursement for corrective action if contamination is discovered and reported
during the replacement of single-wall underground storage tanks, from June 30,
2020, to June 30, 2030; and
● The ability for owners and operators to apply for reimbursement for the
replacement of underground single-wall storage tank systems with a secondary
containment system, from June 30, 2020, to June 30, 2030.
Increase of Fund Limitations
The bill increases from $1.0 million to $2.0 million, less the deductible amount, the limit
on the liability of the State from the Underground Fund or the Aboveground Fund for any release from a petroleum storage tank. In continuing law, the owner or operator of a petroleum storage tank must agree to such limitation of state liability.
The bill also increases from $1.0 million to $2.0 million the total limitation on the liability of the Underground Fund and the Aboveground Fund for corrective action, less any applicable deductible amounts of the owner or operator for costs incurred in response to any one release from an underground or aboveground petroleum storage tank.
Finally, the bill increases the reimbursement limit for the replacement of single-wall USTs and single-wall UST systems with a secondary containment system to an amount of no more than $100,000 per facility for replacement work completed on and after July 1, 2020, and before July 1, 2030. The bill also clarifies the $50,000 reimbursement limit applies to replacement work completed on and after August 8, 2005, and before July 1, 2020.