This bill amends existing Kansas law regarding the management of hazardous materials, specifically focusing on the responsibilities associated with the application of commercial pesticides. It introduces an exemption from remediation costs and other liabilities for owners of certain nonresidential properties located in Johnson County that were previously owned by the United States Army. The bill stipulates that these property owners will not be held responsible for costs related to the investigation, removal, or remediation of soil, groundwater, or surface water contamination from legally registered pesticidal commercial chemical products applied before 2005, provided the property remains nonresidential. However, if the property is converted to residential use or developed as a daycare facility, the owner will then be responsible for such costs.

Additionally, the bill amends K.S.A. 65-3453 and K.S.A. 65-3455, detailing the powers of the secretary regarding site clean-up and the responsibilities of individuals or entities that discharge hazardous substances. It clarifies that responsible parties must cover the costs of investigation and remediation if required, and outlines the process for recovering these costs through legal action if necessary. The bill also mandates that any deed transferring ownership of the nonresidential property must include a notice regarding the potential presence of hazardous materials, which will remain on future deeds until the property is confirmed to be free of such contaminants. The provisions of this bill are intended to be applied retroactively.

Statutes affected:
As introduced: 8-1
As Amended by Senate Committee: 8-1
Enrolled: 65-3453, 65-3455