Session of 2000
Substitute for SENATE BILL No. 469
By Committee on Energy and Natural Resources

  9             AN  ACT prohibiting sales of certain motor-vehicle fuel and providing
10             penalties for violations.
12       Be it enacted by the Legislature of the State of Kansas:
13             Section  1. (a) No person shall sell or offer for sale in Kansas any
14       motor-vehicle fuel, as defined in K.S.A. 79-3401, and amendments
15       thereto, containing methyl tertiary-butyl ether (MTBE), except as pro-
16       vided in this act.
17             (b) On and after July 1, 2002, no motor-vehicle fuel delivered to any
18       service station within Kansas shall contain MTBE in quantities greater
19       than 0.5% by volume. On and after July 1, 2003, no motor-vehicle fuels
20       delivered at the pump to any motor vehicle in Kansas shall contain MTBE
21       in quantities greater than 0.5% by volume.
22             (c) On and after July 1, 2002, the motor-vehicle fuel retailer shall be
23       provided, at the time of delivery of motor-vehicle fuel, on an invoice, bill
24       of lading, shipping paper or other documentation, a declaration of the
25       MTBE content, by volume percent, in the motor-vehicle fuel delivered.
26             (d) On and after July 1, 2001, a notice stating ``THIS FUEL CON-
27       TAINS MTBE'' shall be displayed on each dispenser from which motor-
28       vehicle fuel containing MTBE in excess of the detection limit of the
29       approved test method is sold to the public. The letters on the notice shall
30       be at least 1/2 inch in height and 1/16 inch stroke (width of type). The notice
31       shall be conspicuously displayed on the upper 50% of the dispenser front
32       panel in a position clear and conspicuous from the driver's position.
33             (e) Determination of the volume percentage of MTBE in motor-ve-
34       hicle fuel shall be by one or more test methods approved by the secretary
35       of agriculture.
36             (f) In no event shall the provisions of this act be interpreted to au-
37       thorize quantities of MTBE in motor-vehicle fuels to exceed those spec-
38       ified in any applicable Kansas or federal statute.
39             (g) The secretary of health and environment or the director of the
40       division of environment, upon a finding that a person knowingly and will-
41       fully has violated this section, may impose a penalty not to exceed $10,000
42       which shall constitute an actual and substantial economic deterrent to the
43       violation for which it is assessed. In the case of a continuing violation,


  1       every day such violation continues shall be deemed a separate violation.
  2       No such penalty shall be imposed except after notice of violation and
  3       opportunity for hearing upon the written order of the secretary or the
  4       director of the division of environment issued to the person who com-
  5       mitted the violation. The order shall state the violation, the penalty to be
  6       imposed and the right to request a hearing thereon. The request for
  7       hearing shall be in writing, directed to the secretary and filed with the
  8       secretary within 15 days after service of the order. The hearings shall be
  9       conducted in accordance with the Kansas administrative procedure act.
10             (h) Nothing in this section shall be construed to abridge, limit or
11       otherwise impair the right of any person to damages or other relief on
12       account of injury to persons or property and to maintain any action or
13       other appropriate proceeding therefor.
14             (i) The provisions of this section shall not take effect until the United
15       States environmental protection agency grants a waiver allowing the state
16       of Kansas to control or prohibit the use of MTBE in motor-vehicle fuels.
17        Sec.  2. This act shall take effect and be in force from and after its
18       publication in the statute book.