The bill amends existing Kansas law regarding the responsibility for costs associated with the application of commercial pesticides, specifically providing an exemption for property owners in Johnson County. It modifies K.S.A. 65-3453 to prevent state agencies from issuing cleanup orders or seeking recovery of costs related to the investigation, removal, or remediation of soil, groundwater, or surface water for properties previously owned by the United States Army, where legally registered pesticidal products were applied prior to 2005. The bill stipulates that this exemption applies only to nonresidential properties, and if such properties are converted to residential use or used as daycare facilities, the owners will then be responsible for remediation costs.

Additionally, the bill amends K.S.A. 65-3455 to clarify that, except for the exemptions provided in K.S.A. 65-3453(d), individuals responsible for hazardous substance discharges must cover the costs of investigation and remediation. The legislation also includes provisions requiring property owners to include a notice in any deed transferring nonresidential property about the potential presence of pesticides, which must remain on future deeds until the property is confirmed to be free of such contaminants. The intent of the legislature is for these provisions to be applied retroactively.

Statutes affected:
As Introduced: 65-3453, 65-3455
{As Amended by House Committee of the Whole}: 65-3453, 65-3455
As Amended by Senate Committee on Commerce: 65-3453, 65-3455
As introduced: 65-3453, 65-3455
As Amended by Senate Committee: 65-3453, 65-3455