SESSION OF 2020
SUPPLEMENTAL NOTE ON SENATE BILL NO. 152
As Further Amended by Senate Committee on
Agriculture and Natural Resources

Brief*
SB 152, as amended, would direct the Secretary of
Health and Environment (Secretary) to deposit the following
fees in the Water Program Management Fund (Fund):
● Water well contractor applications and licenses;
● Class 1 and class 5 underground injection control
well permitting, monitoring, testing, inspection, and
regulation; and
● Water supply system and wastewater treatment
facilities.
The bill would also establish the application and license
fees for water well contractors at a maximum of $100 for
application fees and $200 for license fees.
The bill would authorize the Secretary to remit revenue
from the established fees (as well as continuing fees in law)
to the State Treasurer who, upon receipt of the funds, shall
deposit the entirety of the funds to the credit of the Fund.
[Note: Current law requires remittance to the State General
Fund (SGF).]
The bill would require the Secretary to adopt rules and
regulations to establish fees for:

____________________
*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
 ● The permitting, monitoring, testing, inspecting, and
regulating of class 1 underground injection control
wells not to exceed the following, but would require
the Secretary to allow for a reduction in such fees
for facilities already subject to these fees:
○ $6,500 per active, hazardous waste injection
well;
○ $4,500 per active, non-hazardous waste
injection well; or
○ $1,000 per any hazardous or non-hazardous
waste injection well in monitoring or inactive
status;
● The permitting, monitoring, testing, inspecting, and
regulating of class 5 underground injection wells
not to exceed $2,000 per well; and
● Applications for licenses for individual well
operators in Kansas not to exceed $125.
Background
The bill was introduced in the 2019 Legislative Session
in the Senate Committee on Agriculture and Natural
Resources at the request of Senator Taylor on behalf of the
Kansas Department of Health and Environment (KDHE).
In the 2019 Senate Committee hearing on February 19,
2019, a representative of the KDHE testified as a proponent.
The representative testified that the bill does not establish
fees, but gives KDHE the authority to establish fees and
redirects fees from the SGF to KDHE fee funds. A
representative of ONEOK, Inc., provided neutral testimony.
No opponent testimony was provided.


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 The 2019 Senate Committee amended the bill to permit
KDHE to establish fees for the permitting, monitoring, testing,
inspecting, and regulating of class 1 underground injection
control wells not to exceed $400, except for the per facility fee
which could not exceed $4,000. In addition, the Committee
amended the bill to authorize KDHE to establish fees for
individual well operators at a maximum of $125 per year. The
Committee also amended the bill to establish a cap of the
water well contractor license fee at a maximum of $100.
After the 2019 Senate Committee recommended the bill
be passed as amended, the bill was re-referred to the Senate
Committee.
In the 2020 Senate Committee hearing on January 29,
2020, a representative of the KDHE testified as a proponent.
The representative testified that there were two main
concerns from the 2019 bill as amended: the fee caps should
remain the same and there should be a discount of fees for
those facilities and operators that are already contributing to
the Fund. He stated the amendments to the 2020 bill
(adopted by the 2020 Senate Committee) addressed both of
those concerns. A representative of ONEOAK, Inc., also
testified as a proponent. No neutral or opponent testimony
was provided.
The 2020 Senate Committee further amended the bill as
follows:
● Added fees for class 5 injection wells (the 2019
Senate Committee only included fees for class 1
injection wells);
● Removed the 2019 Senate Committee’s maximum
fee of $400 for class 1 underground injection wells
and $4,000 for facility fees and replaced the fee
caps with a fee schedule ($6,500 per active,
hazardous waste injection well; $4,500 per active,
non-hazardous waste injection well; or $1,000 per

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 any hazardous or non-hazardous waste injection
well in monitoring or inactive status);
● Added the requirement of the Secretary to reduce
fees for facilities already subject to fees;
● Added the requirement of the Secretary to adopt
rules and regulations for class 5 wells; and
● Made technical amendments.
The 2020 Committee retained all other amendments
made by the 2019 Committee.
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 have a net fiscal effect of
increasing fee revenue by $11,500 (the bill would redirect
revenue from the SGF to the Fund and therefore KDHE
would no longer deposit $47,000 of revenue into the SGF and
would no longer receive an appropriation of $35,000). Any
fiscal effect associated with enactment of the bill is not
reflected in The FY 2020 Governor’s Budget Report.


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Statutes affected:
As introduced: 65-166b, 65-171d, 65-4514
As Amended by Senate Committee: 65-166b, 65-171d, 65-4513, 65-4514
As Further Amended by Senate Committee: 65-166b, 65-171d, 65-4513, 65-4514