SESSION OF 2025
CONFERENCE COMMITTEE REPORT BRIEF
HOUSE BILL NO. 2169
As Agreed to March 27, 2025
Brief*
HB 2169 would amend law to provide relief from certain pesticide remediation to certain
property located in Johnson County.
The bill would prohibit a state agency or subdivision from issuing cleanup orders; seeking
recovery of money; promulgating regulations or guidance; failing to timely grant approvals for
any permit under any state program, including issuance of a no-further-action approval or
Resource Conservation and Recovery Act permit modification; or otherwise requiring any
person owning or possessing any interest in property previously owned by the U.S. Army that is
located in Johnson County to be responsible for any non-residential property restrictions on use
of such land or the costs of investigation, removal, or remediation of soil, groundwater, or
surface water where legally registered pesticidal commercial chemical products were applied at
or near structures on land to control pests by the U.S. Army at the property prior to 2005.
The bill would only be applicable to any such person if the property owned by the person is
non-residential. Any person owning the non-residential property would be responsible for the
costs of investigation, removal or remediation of soil, groundwater, or surface water of
contamination as provided by law, including, but not limited to, contamination by legally
registered pesticidal commercial chemical products, if the person converts the property to
residential property or the property is constructed as a day care facility.
The bill would require owners of the non-residential property to provide notice of the
potential presence of legally registered pesticidal commercial chemical products on the property
that may need to be remediated, as determined by the Kansas Department of Health and
Environment (KDHE), if the property is ever used for residential purposes. Such notice would
run with the land and remain permanently on all future deeds until the pesticidal products are at
levels, or the property has been remediated, provided by continuing law.
[Note: The property, Astra Enterprise Park, will contain the Panasonic battery production
facility and other industrial and commercial sites related to the project.]
The bill would allow the provisions of the prohibition to be applied retroactively.
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*Conference committee report briefs are prepared by the Legislative Research Department and do not express
legislative intent. No summary is prepared when the report is an agreement to disagree. Conference committee
report briefs may be accessed on the Internet at https://klrd.gov/
1 - 2169 The bill would amend law to exempt such property owners responsible for the discharge,
abandonment, or disposal of hazardous substances from responsibility for the payment of the
costs of the investigation to determine whether remedial action is necessary at the site.
Conference Committee Action
The Conference Committee agreed to remove the contents of HB 2169 and insert the
contents of HB 2340, as amended by the Senate Committee on Commerce, and to further
amend the bill to clarify that the owner of the non-residential property would be responsible for
costs, investigation, removal, or remediation of such chemicals if a day care is to be constructed
on the property.
[Note: The contents of HB 2169, regarding the issuance requirements for specialized
license plates for military veterans, is included in the Conference Committee Report for HB
2201.]
Background
HB 2340 (Pesticide Remediation Relief to Certain Property in Johnson County)
The bill was introduced by the House Committee on Commerce, Labor and Economic
Development at the request of a representative of Astra Enterprise Park.
House Committee on Commerce, Labor and Economic Development
In the House Committee hearing, proponent testimony was provided by a representative
of Sunflower Redevelopment, LLC (SRL), who generally stated the bill would clarify regulatory
authority in this instance regarding commercial pesticides and assist with an economic
development project.
Written-only proponent testimony was provided by representatives of Americans for
Prosperity and the De Soto Chamber of Commerce.
Opponent testimony was provided by a representative of KDHE, who generally stated the
bill would restrict the agency from the investigation, removal, or remediation of any contaminant;
provide inconsistent standards; and could lead to the residential use of the property with no
restrictions.
Written-only neutral testimony was provided by a representative of Burns & McDonnell
Engineering Company.
House Committee of the Whole
The House Committee of the Whole amended the bill to:
2 - 2169 ●Prohibit a state agency from failing to timely grant approvals for any permit under any
state program, including issuance of a no-further-action approval or Resource
Conservation and Recovery Act permit modification;
●Clarify the bill would be applicable only to a person if the property owned by the
person is non-residential; and
●State a person owning the non-residential property would be responsible for the costs
of investigation, removal, or remediation of soil, groundwater, or surface water of
contamination by legally registered pesticidal commercial chemical products, if the
person converts the property to residential property.
[Note: The Conference Committee retained these amendments.]
Senate Committee on Commerce
In the Senate Committee hearing, proponent testimony was provided by a representative
of SRL, who offered substantially similar testimony as in the House Committee hearing.
Written-only proponent testimony was provided by representatives of Burns and McDonnell
Engineering Company; the Kansas Chamber; and the De Soto Chamber of Commerce and
Economic Development Council.
Opponent testimony was provided by a representative of KDHE, who offered substantially
similar testimony as in the House Committee hearing.
Written-only opponent testimony was provided by a representative of the Johnson County
Department of Health and Environment.
No other testimony was provided.
The Senate Committee amended the bill to require the owner of the non-residential
property to:
●Be responsible for costs, investigation, removal, or remediation of such chemicals if
the property is used for a day care facility [Note: The Conference Committee retained
a modified version of this amendment.]; and
●Require the owner to provide notice of the presence of such chemicals in future
deeds. [Note: The Conference Committee retained this amendment.]
Fiscal Information
HB 2340 (Pesticide Remediation Relief to Certain Property in Johnson County)
According to the fiscal note prepared by the Division of the Budget on the bill, as
introduced, KDHE states enactment of the bill would reduce revenue by approximately $44,000
per fiscal year. This is based on the amount billed for oversight at a facility in Johnson County
3 - 2169 that previously was owned by the U.S. Army. The agency anticipates staff time expended for
oversight at this facility would be transferred to other projects. Any fiscal effect associated with
enactment of HB 2340 is not reflected in The FY 2026 Governor’s Budget Report.
Commercial pesticides; remediation costs; property owner liability; Johnson County; U.S. Army; KDHE; Panasonic; Astra Enterprise
Park
ccrb_hb2169_00_0000.odt
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