HB 2255 — Amending definitions concerning weights and measurers increasing minimum invoice fees, requiring licenses and education for service company operators and mandating annual device inspections, except for devices with a nominal capacity of 250 pounds or greater used in grain elevators; increasing the CREP acreage cap to 60,000 acres, clarifying eligibility and criteria, allowing exceptions for specific conditions and modifying reporting requirements to cover the last five years.

(h) (1) For a CREP established with the purpose of meeting water quantity goals, If approved by the United States department of agriculture, the division may, in accordance with subsection (i), approve a CREP contract that allows for the establishment of native grasses, routine grazing, dryland farming or limited irrigation practices for the purpose of meeting water quantity goals.

(i) The division shall administer such each CREP established for the purpose of meeting water quantity goals in accordance with the following additional criteria:(A) No water right that is owned by a governmental entity shall be purchased or retired by the state or federal government pursuant to CREP;

and (B) only water rights in good standing are eligible for inclusion under CREP.

(2) To be a water right in good standing:

(A) At least 50% of the maximum annual quantity authorized to be diverted under the water right that has been used in any three years within the most recent five-year period preceding the submission for which irrigation water use reports are approved and made available by HOUSE BILL No.

2255—page 3 the division of water resources of the Kansas department of agriculture;

(B) the water rights used for the acreage in CREP during the most recent five-year period preceding the submission for which irrigation water use reports are approved and made available by the division of water resources shall not have:

(i) Exceeded the maximum annual quantity authorized to be diverted;

and (ii) been the subject of enforcement sanctions by the division of water resources;

and (C) the water right holder has submitted the required annual water use report required under K.S.A.

82a-732, and amendments thereto, for each of the most recent 10 years (1) All acreage that is an authorized place of use of an irrigation water right and is proposed to be enrolled in CREP shall have been irrigated at a rate of not less than 1/ acre-foot per acre per year for three out of the five years immediately preceding the year that the acreage is offered for enrollment, as determined by the division;

(2) the water right or water rights used for the acreage proposed to be enrolled in CREP shall not have been the subject of any sanctions or penalties by the division of water resources that are in effect or pending determination at the time that the acreage is offered for enrollment;

and (3) the owner of the water right or water rights for which the acreage that is proposed to be enrolled in CREP is an authorized place of use or the water use correspondent for such water right shall have submitted the annual water use report required pursuant to K.S.A.

82a- 732, and amendments thereto, for each of the most recent 10 years.

(i) (1)(j) The secretary, in consultation with the commission and the Kansas farm service agency office, may grant exceptions to the eligibility criteria outlined in subsections (g)(1) and (g)(2) if the acreage proposed to be enrolled in CREP satisfies one or more of the following conditions:

(1) Is located in an area designated as a high-priority area for water conservation pursuant to K.S.A.

2024 Supp.

82a-1044, and amendments thereto;

(2) is an authorized place of use of a high flow capacity water well;

(3) is an authorized place of use of a water right that was not utilized in accordance with subsection (i)(1) within the timeframe referenced in subsection (i)(1) due to circumstances involving bankruptcy, probate or other legal matters, excluding those related to any enforcement sanctions or penalties by the division of water resources that are in effect or pending determination at the time that the acreage is offered for enrollment in CREP;

or (4) is an authorized place of use of a water right that is or has been enrolled in a water conservation program, including, but not limited to, the United States department of agriculture environmental quality incentives program or a water conservation area pursuant to K.S.A.

82a-745, and amendments thereto, or has been assigned a water quantity allocation pursuant to an intensive groundwater use control area designated in accordance with K.S.A.

82a-1036, and amendments thereto, or a local enhanced management area designated in accordance with K.S.A.

82a-1041, and amendments thereto.

(k) (1) The Kansas department of agriculture shall, at the beginning of each annual regular session of the legislature, submit a CREP report to the senate committee on agriculture and natural resources and the house committee on agriculture at the beginning of each annual regular session of the legislature and natural resources, and any successor committees, containing a description of program activities for each CREP administered in the state and including.

Such report shall include:

(A) The acreage enrolled in CREP during fiscal year 2008 through the most current fiscal year to date the preceding five years;

(B) the dollar amounts received and expended for CREP during fiscal year 2008 through the most current fiscal year to date the preceding five years;

and HOUSE BILL No.

2255—page 4 (C) an assessment of meeting whether each of the program objectives identified in the agreement with the farm services agency;

and (D) such other information specified by the Kansas department of agriculture has been met.

(2) For a each CREP established with the purpose of meeting water quantity goals, the following additional information shall be included in such annual report:

(A) The total amount of water rights, measured in acre-feet, retired in CREP from fiscal year 2008 through the current fiscal year to date that was permanently retired in CREP during the preceding five years;

(B) the change in groundwater water levels in the CREP area during fiscal year 2008 through the most current fiscal year to date the preceding five years;

(C) the total annual amount of water usage in the CREP area from fiscal year 2008 through the most current fiscal year to date during the preceding five years;

and (D) the average annual water use, measured in acre-feet, for each of the five years preceding enrollment for each water right enrolled under each water right for which an authorized place of use is enrolled in CREP during the preceding five years.

(j)(l) The Kansas department of agriculture shall submit a report on the economic impact of each specific CREP to the senate committee on agriculture and natural resources and the house of representatives committee on agriculture and natural resources, and any successor committees, every five years, beginning in 2017.

The report shall include economic impacts to businesses located within each specific CREP region.

Sec.

2.

K.S.A.

HB(k) 2255—Am."Measuring device" includes all weights, scales, beams, HOUSE BILL No.

by2255—page SC5 3 (k) "Measuring device" includes all weights, scales, beams, measures of every kind, instruments and mechanical devices for weighing or measuring, and any appliances and accessories connected with any or all such instruments.

(m) "Scanner" means any electronic system that employs a laser-barlaser- bar code reader to retrieve product identity, price or other information stored in a computer memory.

HB"Electric 2255—Am.vehicle supply equipment" includes all charging ports and supporting equipment necessary for the operation thereof and the area in the immediate vicinity of the same, including adjacent parking areas and lanes for vehicle ingress and egress.

by SC 4 "Electric vehicle supply equipment" includes all charging ports and supporting equipment necessary for the operation thereof and the area in the immediate vicinity of the same, including adjacent parking areas and lanes for vehicle ingress and egress.

(k) "Point-of-sale system" means any combination of a cash registerHOUSE orBILL otherNo. devices, electronic applications, software, online purchasing systems or system other systems, such as a scanner, capable of recovering stored information related to the price or computing the price of any individual item that is sold or offered for sale at retail.

2255—page 6 register or other devices, electronic applications, software, online purchasing systems or other systems, such as a scanner, capable of recovering stored information related to the price or computing the price of any individual item that is sold or offered for sale at retail.

(n) "Scanner" means any electronic system that employs a laser-barlaser- bar code reader to retrieve product identity, price or other information stored in a computer memory.

HB(r) 2255—Am."Technical representative" means an individual who performs the proper installation, repair, adjustment or calibration and certification of the accuracy of a device used for weighing, measuring or both, dispensing devices or electric vehicle supply equipment.

by SC 5 (r) "Technical representative" means an individual who performs the proper installation, repair, adjustment or calibration and certification of the accuracy of a device used for weighing, measuring or both, dispensing devices or electric vehicle supply equipment.

2.3.

83-202.83- 202.

(B) "the uniform laws and regulations of the national conference on weights and measures" published in the national institute of standards and technology handbook 130 regarding packaging and labeling, the method of sale of commodities, national type evaluation regulation, motor fuel inspection and motor fuel regulation, as publishedHOUSE onBILL inNo. December, 1994, or later versions as established in rules and regulations adopted by the secretary;

2255—page 7 published on in December, 1994, or later versions as established in rules and regulations adopted by the secretary;

HB(D) 2255—Am."checking the net contents of packaged goods" published in the national institute of standards and technology handbook 133, third edition, supplement 4, as published on in October, 1994, or later versions as established in rules and regulations adopted by the secretary;

by SC 6 (D) "checking the net contents of packaged goods" published in the national institute of standards and technology handbook 133, third edition, supplement 4, as published on in October, 1994, or later versions as established in rules and regulations adopted by the secretary;

3.4.

83-207.83- 207.

4.5.

83-208.83- 208.

The secretary, or an authorized representative of the secretary, may, during normal business hours, enter any premises or vehicle in or on which any weights, measures, balances or, devices used for weighing, measuring devices or both, dispensing devices or electric vehicle supply equipment, subject to the requirements of this chapter or any related records required pursuant thereto may be located or used for the purposes of trade, for the HBpurpose 2255—Am.of inspecting, testing and sealing or rejecting the same or as otherwise necessary for the administration of this chapter.

by SC 7 purpose of inspecting, testing and sealing or rejecting the same or as otherwise necessary for the administration of this chapter.

5.6.

83-214.83- 214.

(a) The secretary may try and prove weights, measures, balances and other measuring devices on request for any person, corporation or institution,HOUSE andBILL whenNo. the same are found or made to conform to the state standards, and otherwise fulfill such reasonable requirements as the secretary may make, the secretary, or an authorized representative of the secretary, may seal the same with a seal which that is kept for that purpose.

2255—page 8 institution, and when the same are found or made to conform to the state standards, and otherwise fulfill such reasonable requirements as the secretary may make, the secretary, or an authorized representative of the secretary, may seal the same with a seal which that is kept for that purpose.

HBHOUSE 2255—Am.BILL No.

by2255—page SC9 8HOUSE HBBILL 2255—Am.No.

by2255—page SC10 9 (2) The secretary may charge the following additional fees for preparing items for shipment:

Category Rate Large Mass (≤ 1,250 lbs through ≥ 100 lbs, 500 kg through 50 ≥ kg)$20 Medium Mass (< 100 lbs through ≥ 20 lbs, < 50 kg through ≥ 10 kg) .

.$20 Medium Mass (< 100 lbs through ≥ 20 lbs, < 50 kg through ≥ 10 kg) .

.$20 Calibration Types and Ranges CalibrationCalibrationAdjustment Adjustment Fee Fee Mass Echelon IIIWeightIII Weight Set, up to 10 lb, $120.00/set $20.00/pc (ASTM Class:

M1, over 10 lb up to 50 lb, over $25.00/pc $50.00/pc M1-2, M2, M2-3, M3) 5 kg up to 30 kg over 50 lb up to 1250 lb, over $35.00/pc $70.00/pc 30 kg up to 500 kg over 1250 lb up to 3000 lb $70.00/pc $45.00/pc Weight Cart, 2500 lb $250.00/pc $170.00/pc up to 6000 lb Weight Cart, over 6000 lb $350.00/pc $225.00/pc up to 8000 lb Mass Echelon II (ASTMup(ASTM up to 1000 lb, up $40.00/pc $80.00/pc Class:

F1, F2) Mass Echelon I (ASTM Class:500 lb, up to 30 kg$75.00/pckg $75.00/pc $75.00/pc 0, 1) (OIML Class:

Volume Echelon I Up to 5 gal $310.00/pc $310.00/pc HBThermometry 2255—Am.Echelon IV -35 °C up to 150 °C $90.00/point $90.00/point (3)(2) Service that is not part of a routine calibration, including, but not limited to, cleaning or repairing a standard or performing non- routine calibration procedures, shall be charged at a rate of $120 per hour.

by SC 10 Thermometry Echelon IV-35 °C up to 150 °C $90.00/point $90.00/point (3)(2) Service that is not part of a routine calibration, including, but not limited to, cleaning or repairing a standard or performing non-routine calibration procedures, shall be charged at a rate of $120 per hour.

All expenditures from the weights and measures fee fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approvedHOUSE byBILL theNo. secretary or by a person designated by the secretary.

2255—page 11 approved by the secretary or by a person designated by the secretary.

83-301 through 83-311,83- 311, and amendments thereto, nothing in article 2 of chapter 83 of the Kansas Statutes Annotated, and amendments thereto this chapter, nothing shall prohibit the owner of a weighing or measuring device or the owner's employee or agent from servicing or repairing such device.

6.7.

83-215.83- 215.

(b) Service companiesA service company and city or county department of weights and measures or any agent or employee thereof, shall be prohibited from condemning or rejecting a device used to weighing, measuring or both or taking a weighing or measuring such HBdevice 2255—Am.out of service.

by SC 11 device out of service.

7.8.

83-216.83- 216.

(c) Procedure in regard to the prevention of the maintenance of a commonHOUSE nuisanceBILL andNo. procedure for the disposal of any device used for weighing or, measuring device or both may be had conducted in accordance with and in the manner provided for under K.S.A.

2255—page 12 common nuisance and procedure for the disposal of any device used for weighing or, measuring device or both may be had conducted in accordance with and in the manner provided for under K.S.A.

HBSec. 2255—Am.

by9. SC 12 Sec.

8.

83-217.83- 217.

9.10.

83-218.83- 218.

10.11.

83-219.83- 219.

83-225, and amendments thereto, to break or remove any tag, mark or seal placed on any weighing or HBmeasuring 2255—Am.device by the secretary or a county or city inspector of weights and measures, without specific written authorization from the proper authority or to use a weighing or measuring device after the lapse of the authorized period following the placing of a rejection tag thereon by the secretary, unless further extension of time for any repair purposes is first obtained from the secretary to;

by SC 13 measuring device by the secretary or a county or city inspector of weights and measures, without specific written authorization from the proper authority or to use a weighing or measuring device after the lapse of the authorized period following the placing of a rejection tag thereon by the secretary, unless further extension of time for any repair purposes is first obtained from the secretary to;

(6) to keep for the purpose of sale, or to offer or expose for sale, or to sell any commodity in a manner contrary to the law or contrary to anyHOUSE ruleBILL andNo. regulation;

2255—page 13 any rule and regulation;

HB(15) 2255—Am.to limit, exclude or otherwise fail to provide access to generic, store brand or less costly versions of products on electronic and online ordering applications or similar systems unless such items are out of stock or unavailable for in-store purchase;

by SC 14 (15) to limit, exclude or otherwise fail to provide access to generic, store brand or less costly versions of products on electronic and online ordering applications or similar systems unless such items are out of stock or unavailable for in-store purchase;

(21)(22) to fail to keep or make available for examination or provide to the secretary all inspection reports, test reports and any other service reports or other information on any device owned or operated by the owner or any agent or employee of the owner and other information necessary for the enforcement of this chapter 83 of the Kansas Statutes Annotated, and amendments thereto, or any rules and regulationsHOUSE adoptedBILL thereunder,No. and as required by the secretary;

2255—page 14 regulations adopted thereunder, and as required by the secretary;

(23)(24) to sell or offer or expose for sale liquefied petroleum gas in packages or containers which that do not bear a statement as to tare and net weight as required by this chapter 83 of the Kansas Statutes Annotated, and amendments thereto, or any rules and regulations adopted thereunder, HBor 2255—Am.packages or containers which that bear a false statement as to weights;

by SC 15 or packages or containers which that bear a false statement as to weights;

(27)(28)(28) falsely make or alter or cause or procure to be falsely made or altered with intent to defraud, any scale ticket or other written record evidencing or relating to the weight of any personal property or any entry or item thereon;

and (28)(29)(29) for hire, weigh any vehicle at an attended public scale or issue any scale ticket or other written record evidencing or relating to the weight of such vehicle or the load thereon, unless such scale ticket or written record shows the date, time and place of the weighing and the signature of the weigher.

(7) fail to pay all fees and penalties as prescribed by this chapter 83 of the Kansas Statutes Annotated, and amendments thereto, and the rules and regulations adopted thereunder;

(8) fail to keep or make available for examination in an accessible HBand 2255—Am.legible manner or provide to the secretary in a legible manner all inspection reports, test reports, and any other service or report work information on any device which that the service company or an agent or employee performed work on and other information necessary for the enforcement of this chapter 83 of the Kansas Statutes Annotated, and amendments thereto, or any rules and regulations adopted thereunder;

byor SC(9) 16sell, andoffer legible manner or provideexpose tofor thesale secretary in a legibledevice mannerused allfor inspectionweighing reports,or, testmeasuring reports,device and any other service or reportboth workintended informationto onbe anyused devicecommercially, which that theis servicenot companytraceable orto ana agentnational ortype employeeevaluation performedprogram workcertificate on and other information necessary for the enforcement of thisHOUSE chapterBILL 83No. of the Kansas Statutes Annotated, and amendments thereto, or any rules and regulations adopted thereunder;

or2255—page (9)15 sell, offer or expose for sale a device used for weighing or, measuring device or both intended to be used commercially, which that is not traceable to a national type evaluation program certificate of conformance.

11.12.

83-220.83- 220.

12.13.

83-221.83- 221.

13.14.

83-222.83- 222.

HBSec. 2255—Am.

by15. SC 17 Sec.

14.

83-224.83- 224.

15.16.

83-225.83- 225.

83-220, and amendmentsHOUSE thereto,BILL shallNo. apply to violations of this section.

2255—page 16 amendments thereto, shall apply to violations of this section.

16.17.

Each service company license shall expire on HBJune 2255—Am.30 following issuance, shall be void unless renewed prior to the expiration and shall not be transferable.

by SC 18 June 30 following issuance, shall be void unless renewed prior to the expiration and shall not be transferable.

(f) The secretary is authorized to charge a fee to the attendees of continuing education seminars sponsored by the Kansas department of HBagriculture. 2255—Am.

by SC 19 agriculture.

The secretary is authorized to accept a calibration certificate for the applicant's weights orHOUSE measuresBILL issuedNo. by the national institute of standards and technology or by a metrology laboratory certified by the national institute of standards and technology in lieu of a test by the secretary, if such certificate shows that the weights or measures have been tested within the last 365 days preceding the license application.

2255—page 17 or measures issued by the national institute of standards and technology or by a metrology laboratory certified by the national institute of standards and technology in lieu of a test by the secretary, if such certificate shows that the weights or measures have been tested within the last 365 days preceding the license application.

17.18.

18.19.

83-304.83- 304.

If, upon such testing HBand 2255—Am.inspection by the secretary or an authorized representative of the secretary, it is found that the weighing and measuring device has not been tested and inspected for accuracy and approved within the preceding 365 days, the secretary or the authorized representative of the secretary shall take the weighing and measuring device out of service pursuant to the provisions of K.S.A.

by SC 20 and inspection by the secretary or an authorized representative of the secretary, it is found that the weighing and measuring device has not been tested and inspected for accuracy and approved within the preceding 365 days, the secretary or the authorized representative of the secretary shall take the weighing and measuring device out of service pursuant to the provisions of K.S.A.

83-214, and amendments thereto, within 365 days preceding the date of the tests.

Volumetric provers which that are stationary or which exceed the testingHOUSE capacityBILL ofNo. the state metrology lab labratory due to engineering design or the capacity of the prover are exempt from the annual testing requirement.

2255—page 18 testing capacity of the state metrology lab labratory due to engineering design or the capacity of the prover are exempt from the annual testing requirement.

HB(c) 2255—Am.Subject to the provisions of K.S.A.

by SC 21 (c) Subject to the provisions of K.S.A.

The owner or operator of a device used for weighing and, measuring device or both shall also be required to retain copies of all reports regarding the installation, repair or adjustment or any of the HBaforementioned 2255—Am.done HOUSE BILL No.

by2255—page SC19 22 aforementioned done to the weighing and measuring device at the site where the measuring and weighing device is used.

19.20.

83-305.83- 305.

20.21.

83-404.83- 404.

83-83-215, 215, and amendments thereto.

Farmers or ranchers who own and HBoperate 2255—Am.a dispensing device used in private treaty transactions are exempt from the annual testing requirements.

by SC 23 operate a dispensing device used in private treaty transactions are exempt from the annual testing requirements.

83-215, and amendments thereto, the owner and or operator of a dispensing device which that is found to be inaccurate at the time of testing shall immediately withdraw immediatelyHOUSE theBILL deviceNo. from further use until the necessary corrections, adjustments or repairs are made and the device is determined to be accurate by a service company or the, a city or county weights and measures department or an authorized representative of the secretary.

2255—page 20 immediately the device from further use until the necessary corrections, adjustments or repairs are made and the device is determined to be accurate by a service company or the, a city or county weights and measures department or an authorized representative of the secretary.

The owner or operator of a dispensing device shall also be required to retain copies of all reports regarding installation, repair or adjustment or any of the aforementioned done to the dispensing device at HBthe 2255—Am.site where the dispensing device is used.

by SC 24 the site where the dispensing device is used.

21.22.

83-405.83- 405.

22.23.

83-501.83- 501.

Such order shall state the violation, the penalty to be imposed and the right of the person toHOUSE appealBILL toNo. the secretary.

2255—page 21 to appeal to the secretary.

HB(e) 2255—Am.Any person aggrieved by an order of the secretary made under this section may appeal such order to the district court in the manner provided by the Kansas judicial review act.

by SC 25 (e) Any person aggrieved by an order of the secretary made under this section may appeal such order to the district court in the manner provided by the Kansas judicial review act.

New Sec.

23.

(a) The owner or operator of electric vehicle supply equipment that is used for commercial purposes shall have such device tested and inspected at least once annually.

The testing and inspection shall be conducted by either a licensed technical representative employed by a licensed service company, by an authorized representative of any city or county that has established a department of public inspection of weights and measures pursuant to K.S.A.

83-210, and amendments thereto, or by the secretary.

Such testing and inspection shall be conducted in accordance with the rules and regulations adopted by the secretary.

If, upon such testing and inspection, it is found that the electric vehicle supply equipment has not been tested and inspected for accuracy and approved within the preceding 365 days, the secretary shall take the electric vehicle supply equipment out of service pursuant to the provisions of K.S.A.

83- 215, and amendments thereto.

Test weights and measures used by a technical representative employed by a licensed service company pursuant to this subsection shall have been approved and sealed by the secretary pursuant to K.S.A.

83-214, and amendments thereto, within the preceding 365 days.

Except at the option of a city or county that has an established department of public inspection of weights and measures, annual tests and inspections shall be at the expense of the owner or operator.

(b) When tests or inspections are conducted pursuant to this section, a report showing the results of the tests or inspections shall be promptly furnished to the owner or operator.

If the tests or inspections were not performed by the secretary, such reports shall also be sent to the secretary as required by rules and regulations adopted by the secretary and not later than 10 days after the test or inspection of such device has occurred.

(c) The owner or operator of electric vehicle supply equipment that is found to be inaccurate at the time of testing required by this subsection shall immediately withdraw the electric vehicle supply equipment from further use until the necessary corrections, adjustments or repairs are made and the secretary, a technical representative employed by a licensed HB 2255—Am.

by SC 26 service company, or a representative of a city or county weights and measures department determines that the electric vehicle supply equipment is accurate.

All electric vehicle supply equipment that has been repaired or serviced shall meet the tolerances and specifications adopted by the secretary by rules and regulations.

Each service company and each city or county that performs tests and inspections pursuant to this subsection shall, within the timeframe and in the manner established in rules and regulations adopted by the secretary, notify the secretary of all electric vehicle supply equipment that has been installed, repaired, calibrated or found not to comply with such tolerances and specifications and of all electric vehicle supply equipment that is not able to be serviced or repaired so as to comply with such tolerances and specifications.

(d) Each service company shall be required to maintain at such service company's corporate headquarters or resident agent's office a copy of all reports regarding all installation, repair, calibration, adjustment or other work that the service company or any technical representative employed by the service company has performed on electric vehicle supply equipment, including installation, repair, calibration, adjustment or other work performed at the site where the electric vehicle supply equipment is used.

Such reports shall be legible and maintained in an accessible manner and for a period of time as established by the secretary pursuant to rules and regulations.

New Sec.

24.

When the secretary finds or is notified by a licensed service company, an authorized representative of the secretary or by or a city or county department of public inspection of weights and measures established pursuant to K.S.A.

83-210, and amendments thereto, that an electric vehicle supply equipment does not comply with tolerances and specifications adopted by the secretary, by rules and regulations, the secretary may test the electric vehicle supply equipment for accuracy after repairs have been made.

25.24.

23.

2-1933, 83-149, 83-154, 83-155, 83-201, 83-202, 83-207, 83-208, 83-214, 83-215, 83-216, 83-217, 83-218, 83-219, 83-220,83- 220, 83-221, 83-222, 83-224, 83-225, 83-301, 83-302, 83-303, 83-304, 83-305, 83-308, 83-311, 83-326, 83-401, 83-402, 83-403, 83-404, 83-405,83- 405, 83-407, 83-409, 83-410, 83-411, 83-501 and 83-502 are hereby repealed.

26.25.

24.

I hereby certify that the above BILL originated in the HOUSE, and was adopted by that body HOUSE adopted Conference Committee Report Speaker of the House.

Chief Clerk of the House.

Passed the SENATE as amended SENATE adopted Conference Committee Report President of the Senate.

Secretary of the Senate.

APPROVED Governor.