SESSION OF 2021
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2155
As Recommended by House Committee on
Agriculture

Brief*
HB 2155 would replace and update current law
regarding soil and water pollutant releases and cleanup. The
bill would also make technical amendments.

Definitions
The bill would establish the following definitions relating
to the release of certain water and soil pollutants: “cleanup,”
“cleanup costs,” “emergency,” “person,” “pollutant,” and
“release.
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 also
exclude from the definition of “release” the releases that
occur as part of normal agricultural activities or when done in
compliance with the conditions of a federal or state permit or
in accordance with the product label.

Pollution Release and Cleanup
The bill would require, for the purpose of preventing
water and soil pollution detrimental to the public health or
environment, the Secretary of Health and Environment
(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
 ● Adopt rules and regulations that, in the Secretary’s
judgment, are necessary to respond to and report
the release of a pollutant (release);
● Designate a 24-hour statewide telephone number
for individuals to provide notice of any release;
● Provide minimum reportable quantities;
● Order a person who is responsible for a release to
clean up such release; and
● Provide for cleanup of a release if the individual
responsible cannot be identified within a
reasonable period of time.
The bill would also permit the Secretary to:
● Provide technical guidance, oversight, and
assistance to other state agencies, political
subdivisions of the State, and other persons for the
cleanup of and response to a release;
● Take necessary action for the cleanup of a release
if the individual responsible for the release fails to
take reasonable action required by the Secretary to
clean up the release; and
● Perform cleanup of a release if it poses an
emergency.
Cleanup Responsibilities
The bill would require an individual responsible for a
release to be responsible for the cleanup of the release. The
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. The individual would be required to repay cleanup
costs incurred by the KDHE upon reasonably detailed notice
by the Secretary or the Secretary’s designee.

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Costs and Penalties
The bill would require the Attorney General, in the
district court of the county where the costs were incurred, to
bring action for repayment of costs for a cleanup against
individuals responsible for a release who fail to submit
payments to KDHE promptly after giving notice.
The bill would allow 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
would 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. Any
hearing would be conducted in accordance with the Kansas
Administrative Procedure Act.

Funds
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
the existing Emergency Response Activities Account in the
National Resources Damages Trust Fund. The bill would
repeal the Pollutant Discharge Cleanup Fund statute.

Background
The bill was introduced by the House Committee on
Agriculture at the request of Representative Rahjes.


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 [Note: The bill contains provisions similar to 2019 SB
153, as amended by the Senate Committee on Agriculture
and Natural Resources.]
House Committee on Agriculture
In the House Committee hearing, the Director of the
Bureau of Environmental Remediation, KDHE, provided
proponent testimony that indicated the bill balances the need
to ensure a clean and healthy environment for Kansans while
allowing for reasonable requirements on industry during
response to a release. Other proponent testimony was
provided by representatives of the Kansas Agribusiness
Retailers Association, Kansas Grain and Feed Association,
Kansas Livestock Association, ONEOK, and Renew Kansas
Biofuels Association.
Written-only proponent testimony was provided by a
representative of the Kansas Cooperative Council.
Written-only neutral testimony was provided by a
representative of the Kansas Independent Oil and Gas
Association, indicating there is a memorandum of
understanding between KDHE and the Kansas Corporation
Commission (KCC) giving the KCC jurisdiction over spills
related to oil and gas exploration and production activities.
No other testimony was provided.
Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill, KDHE indicates enactment of the bill
would require additional expenditures of $30,000 from the
Natural Resources Damages Trust Fund (Fund) offset by an
equal amount in revenue to the the Fund from penalties. Any
fiscal effect associated with enactment of the bill is not
reflected in The FY 2022 Governor’s Budget Report.
pollutant; releases; minimum reportable quantities

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Statutes affected:
As introduced: 65-171v, 65-171w
Enrolled: 65-171v, 65-171w