EXECUTIVE ORDER 07-01

WHEREAS, Article 1, §3 of the Constitution of the State of Kansas vests the supreme power of the state in the Governor; and

WHEREAS, Homeland Security Presidential Directive 9 has tasked the Secretary of the Department of Homeland Security to coordinate “countermeasure research and development of new methods for detection, prevention technologies, agent characterization, and dose response relationships for high-consequence agents;” and

WHEREAS, at present there are no facilities in the United States that have adequate containment, security, equipment and infrastructure to meet the requirements identified in Presidential Directive 9; and

WHEREAS, to meet this need, the Department of Homeland Security (“DHS”) and its federal partners initiated plans for a National Bio and Agrodefense Facility (“NBAF”); and

WHEREAS, the NBAF will enhance protection from both natural and intentional threats by modernizing and integrating high-security facilities, thus enhancing our nation’s capacity to assess potential threats to humans and animals alike; and

WHEREAS, the DHS is seeking a location to build the $451 million, 500,000 square foot NBAF facility; and

WHEREAS, Kansas is the ideal location for the NBAF.  Kansas is a world leader in bioscience, especially in the areas of animal health, infectious diseases, vaccines and food safety and an exceptionally well qualified workforce; and

WHEREAS, two sites in Kansas, Manhattan and Leavenworth, are actively under consideration to site the NBAF facility; and

WHEREAS, NBAF represents a seminal opportunity to secure a federal laboratory in Kansas; and

WHEREAS, Kansas has long supported national infrastructure, such as the Biosecurity Research Institute, to address our state’s and nation’s efforts to protect human and animal health from both naturally occurring and intentionally introduced disease threats; and

WHEREAS, NBAF will be a biotechnology magnet for private biotechnology companies, professionals and support infrastructure and will help anchor Kansas’ existing strengths in animal health and plant sciences; and

WHEREAS, Kansas is competing with 13 other states to site NBAF and must develop an aggressive advocacy plan led by prominent public and private leaders in order to be successful.

NOW, THEREFORE, pursuant to the authority vested in me as Governor of the State of Kansas, I hereby create the Kansas National Bio and Agrodefense Facility Task Force (“Task Force”) with the following purposes and charges:

1. The task force shall be composed of no more than 50 members appointed by the Governor.  The Governor will designate co-chairs, vice chairs and honorary chairs.  The task force may elect other officers among its members and may establish any committees deemed necessary to discharge its responsibilities.
2. Members of the task force shall serve at the pleasure of the Governor and shall meet upon the call of the co-chairs as necessary to carry out the duties outlined in the this executive order.
3. One member each shall be appointed by the President of the Kansas Senate; Speaker of the Kansas House of Representatives; Minority Leader of the Kansas Senate; and Minority Leader of the Kansas House of Representatives.
4. Members of the Kansas Congressional Delegation, or their designees, shall serve as ex-officio members of the task force.
5. Members of the task force shall not receive compensation, subsistence, allowance or associated expenses.  Officers or employees of state agencies who are appointed to the Commission as part of their duties shall be authorized to participate on the Commission and may claim subsistence, allowance, mileage or associated expenses as permitted by law.
6. The Kansas Bioscience Authority shall provide primary support and assistance to the task force.
7. The task force shall develop a compelling case for sitting NBAF at one of the two sites the DHS has “down-selected,” namely Manhattan and Leavenworth.
8. The task force shall coordinate community outreach and advocacy for the siting of NBAF in Kansas, and serve as a point for public input on the siting of NBAF in Kansas.  The task force shall develop specific short-term and long-term plans to coordinate community outreach and advocacy for the siting of NBAF in Kansas.
9. The task force shall assist the DHS in the National Environmental Policy Act process to conduct an Environmental Impact Statement on the proposed sites in Kansas (e.g., assist DHS in coordinating community outreach meetings and educating the public on what DHS proposes to do with the facility).
10. The task force shall engage private industry to support locating the NBAF in Kansas.  The task force shall develop specific short-term and long-term plans to engage and inform the private industry as to the advantages of siting NBAF in Kansas.
11. The task force shall engage the affected agriculture stakeholder community to support locating the NBAF in Kansas.  The task force shall develop specific short-term and long-term plans to engage and inform the local, state and national agriculture stakeholder community.
12. The task force shall develop and implement, as necessary, a federal advocacy strategy to communicate the efficiency, value and synergies of siting NBAF in Kansas.
13. The task force shall brief the Kansas Congressional Delegation on the importance of siting NBAF in Kansas.
14. The task force shall advocate the siting of NBAF in Kansas to the DHS.
15. The task force shall advocate for NBAF as a critical facility to address national bioterrorism and high-impact agricultural disease concerns.
16. The task force shall host any planned DHS site evaluation visit.
17. The task force shall take such other actions as may be necessary to better position Kansas to locate this unique facility.
18. Plans, reports, or recommendations of any nature adopted by the task force shall be considered advice to the Governor and legislature and shall not be construed as official policy, position or interpretation of laws or rules and regulations by the State Corporation Commission, the Department of Health and Environment, the Department of Agriculture, or the Department of Animal Health nor shall they be bound in any manner to consider any such advice when conducting their advisory and regulatory responsibilities.