SESSION OF 2020
SUPPLEMENTAL NOTE ON SENATE BILL NO. 153
As Amended by Senate Committee on
Agriculture and Natural Resources

Brief*
SB 153, as amended, would establish definitions relating
to the release of certain water and soil pollutants. The bill
would exclude from the definition of “pollutant” any animal or
crop waste or manure on an agricultural operation or in an
agricultural facility. The bill would exclude from the definition
of “release” releases that occur as part of normal agricultural
activities.
The bill would require the Secretary of Health and
Environment (Secretary) to:
● Adopt rules and regulations to respond to and
report the release of a pollutant (release);
● Establish a 24-hour statewide telephone number
for individuals to provide notice of the release;
● Set minimum reportable quantities;
● Require the individual responsible for the release
to clean up the release; and
● Provide for cleanup of the release if the individual
responsible cannot be identified within a
reasonable period of time.
The bill would also permit the Secretary to:
____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
 ● Provide assistance to state agencies, local
governments, and others for the cleanup of and
response to a release;
● Take action necessary for the cleanup of a release
if the individual responsible for the release fails to
take reasonable action to clean up the release; and
● Perform cleanup of a release if it poses an
emergency.
The bill would require an individual responsible for a
release to be responsible for the cleanup of that release.
Such individual would be required to provide notice to the
Kansas Department of Health and Environment (KDHE) if the
release exceeds the minimum reportable quantities set by the
Secretary. Such individual would be required to repay
cleanup costs incurred by the KDHE. The bill would require
the Kansas Attorney General to bring action for repayment of
costs for a cleanup against individuals responsible for a
release who fail to submit payments promptly to the KDHE
after a release.
The bill would permit the Secretary to impose a penalty,
not to exceed $5,000, on an individual who violates any
provision of the bill or any regulations adopted by the
Secretary. For continuing violations, the maximum penalty
must not exceed $15,000.
The bill would permit the Secretary to impose a penalty
only after notice of the violation and an opportunity for a
hearing has been issued in writing to the individual who
committed the violation. The bill would require any request for
a hearing to be in writing and directed to and filed with the
Secretary within 15 days after service of the order.
The bill would require the Secretary to remit moneys
received to the State Treasurer who, upon receipt of the
funds, would deposit the entirety of the funds to the credit of

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the existing Emergency Response Activities Account in the
National Resources Damages Trust Fund.

Background
The bill was introduced in the 2019 Legislative Session
by the Senate Committee on Agriculture and Natural
Resources.
In the Senate Committee hearing on February 19, 2019,
a representative of the KDHE testified as a proponent. The
representative testified the bill would develop a penalty matrix
for the most egregious cases (rare) but that generally for first
incidents, the KDHE would suggest education and would not
impose such a penalty. He testified the KDHE would establish
reportable quantities in rules and regulations. A
representative of the Kansas Grain and Feed Association,
Kansas Agribusiness Retailers Association, and Renew
Kansas Association; a representative of the Kansas
Petroleum Marketers and Convenience Stores of Kansas;
and a representative of ONEOK, Inc. also testified as
proponents. Representatives of the CHS McPherson
Refinery, the Kansas Cooperative Council, and Kansas City
Power and Light / Westar (Evergy) provided written-only
proponent testimony. A representative of the Kansas
Livestock Association testified as an opponent, expressing
concerns with the definition of “pollutant.” No neutral
testimony was provided.
The 2019 Senate Committee did not take final action on
the bill in the 2019 Session.
In the Senate Committee hearing on January 29, 2020,
a representative of the KDHE testified as a proponent. The
representative testified the KDHE worked with stakeholders
during the 2019 Interim to create amendments to the bill. He
testified those amendments included removing agricultural
activities from situations that would trigger the notice and
penalty requirements and lowering the penalties for
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violations. Representatives of ONEOK, Inc. and the Kansas
Agribusiness Retailers Association, Kansas Grain and Feed
Association, and Renew Kansas Association also testified as
proponents. A representative of the Kansas Livestock
Association testified as an opponent. No neutral testimony
was provided.
The 2020 Senate Committee amended the bill to
exclude animal or crop waste or manure on an agricultural
operation or in an agricultural facility from the definition of
“pollutant.” The 2020 Committee also amended the bill to
exclude certain emissions, discharges, spillages, leakages,
pumping, pouring, emptying, escaping, or dumping of a
pollutant as part of normal agricultural activities from the
definition of “release.” The 2020 Committee also amended
the bill to reduce from $10,000 to $5,000 the penalty for
violations and change the penalty for continuing violations
from $10,000 per day to a maximum of $15,000.
According to the fiscal note prepared by the Division of
the Budget on the bill as introduced, the KDHE indicates
enactment of the bill would not have a fiscal effect on
expenditures and the agency does not anticipate significant
penalties to be imposed.


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Statutes affected:
As introduced: 65-171v
As Amended by Senate Committee: 65-171v