Kansas 2025 2025-2026 Regular Session

Kansas House Bill HB2172 Comm Sub / Analysis

Filed 02/20/2025

                    SESSION OF 2025
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2172
As Amended by House Committee of the Whole
Brief*
HB 2172, as amended, would create the Water Program 
Task Force (Task Force) that would consist of 23 voting 
members and 10 non-voting ex officio members.
Voting Members (23)
The voting members would include:
●The chairpersons of the House Committee on 
Water, House Committee on Agriculture and 
Natural Resources, House Committee on 
Appropriations, Senate Committee on Agriculture 
and Natural Resources, and Senate Committee on 
Ways and Means (5);
●The ranking minority members of the House 
Committee on Water and Senate Committee on 
Agriculture and Natural Resources (2);
●One Kansas resident appointed by each of the 
following (6):
○Speaker of the House;
○Speaker Pro Tem;
○House Minority Leader;
○President of the Senate;
○Vice President of the Senate; and
○Senate Minority Leader;
____________________
*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 
https://klrd.gov/ ●One member of a Kansas agricultural commodity 
organization appointed by the Secretary of 
Agriculture (1);
●One member appointed by each of the following 
organizations (7):
○Kansas Farm Bureau;
○Kansas Groundwater Management Districts 
Association;
○Kansas Livestock Association;
○Kansas Municipal Utilities;
○Kansas Association of Counties;
○Kansas Rural Water District Association; and
○Kansas Association of Conservation Districts; 
and
●Two members appointed by the Kansas Chamber 
of Commerce (2):
○One appointment would represent a business 
that is reliant on groundwater; and
○One appointment would represent business 
that is reliant on surface water.
Non-voting Ex Officio Members (10)
The non-voting ex officio members would include:
●Secretary of Agriculture, or the Secretary’s 
designee;
●Director of the Division of Environment, Kansas 
Department of Health and Environment, or the 
Director’s designee;
●Director of the Kansas Water Office, or the 
Director’s designee;
2- 2172 ●Secretary of Revenue, or the Secretary’s designee;
●Director of the Kansas Geological Survey, or the 
Director’s designee;
●Chairperson of the Kansas Corporation 
Commission, or the Chairperson’s designee;
●Director of the Kansas Water Institute, or the 
Director’s designee;
●Secretary of Wildlife and Parks, or the Secretary’s 
designee;
●Director of the Kansas Biological Survey, or the 
Director’s designee; and
●Chief Engineer, Division of Water Resources, 
Kansas Department of Agriculture, or the Chief 
Engineer’s designee.
Task Force Requirements
Stakeholder Representation
The bill would require each non-legislative member of 
the Task Force to represent at least one of the following 
stakeholders:
●Kansas employer with a vested water right;
●Commercial user of a municipal or industrial water 
right;
●Agricultural producer;
●Economic development organization;
●Water utility;
3- 2172 ●Resident Kansas Indian tribe, Potawatomi, 
Kickapoo, Iowa, or Sac and Fox;
●Rural water district;
●Local conservation district;
●Organization that focuses on environmental or 
wildlife protection or conservation;
●Local water management entity, including, but not 
limited to, a groundwater management district, 
water assurance district, or ditch district;
●Kansas agricultural banking or appraisal industry;
●Student at a state educational institution engaged 
in a course of study related to water;
●Kansas municipality;
●Provider of natural resources education;
●Kansas agricultural commodity associations;
●Kansas Water Authority or regional advisory 
committee;
●Kansas livestock industry; or
●Kansas grain and feed industry.
Membership Requirements
The bill would require each Task Force member to be a 
Kansas resident, the Task Force to consist of at least one 
member from each of the five conservation regions of the 
state, and no more than two members of the Task Force 
could represent the same stakeholder listed above.
4- 2172 The bill would require the Speaker of the House and 
President of the Senate to ensure these requirements are 
met.
Appointments; Vacancies
The bill would require members of the Task Force to be 
appointed by April 30, 2025. Any vacancy in membership of 
the Task Force would be filled in the same manner as 
provided for in the original appointment.
Co-chairpersons
The bill would require the Speaker of the House to 
select one member of the House of Representatives who is a 
member of the Task Force, and require the President of the 
Senate to select one member of the Senate who is a member 
of the Task Force. Each selected person would serve as co-
chairperson of the Task Force.
Task Force Meetings; Actions
The bill would authorize the Task Force to meet at any 
time and any place within the state upon call of either co 
-chairperson.
The bill would define a quorum of the Task Force to be 
the majority of voting members, and all actions of the Task 
Force could be taken by a majority of members present when 
there is a quorum.
Payment
The bill would authorize Task Force members to be paid 
amounts for expenses, mileage, and subsistence as provided 
in state law, if approved by the Legislative Coordinating 
Council.
5- 2172 Staffing
The bill would require the Division of Legislative 
Administrative Services, Kansas Legislative Research 
Department, and the Office of Revisor of Statutes to provide 
assistance as requested by the Task Force.
Task Force Charge
The bill would require the Task Force to:
●Evaluate major risks to the quality and quantity of 
the state’s water supply, including any impact on 
current and future economic growth and population 
stability;
●Determine steps the state must take to define and 
achieve an ongoing, multi-generational promise of 
water for Kansans; and
●Evaluate current funding for water in the state and 
determine whether such funding is sufficient to 
address the water issues included in the State 
Water Plan, including the state’s current and future 
water infrastructure needs.
Report to the Legislature
The bill would require the Task Force to prepare and 
submit a report to the Legislature and the Governor on or 
before January 31, 2026. The report would be required to 
include:
●The water program’s long-term structure to address 
the state’s current and future water needs, 
including, but not limited to:
○The roles and responsibilities of the state, 
municipalities, and regional entities;
6- 2172 ○How the program’s investments and 
successes should be evaluated, including 
gathering any stakeholder input; and
○Criteria to determine program investments, 
including geographic diversity of such 
investments; and
●Funding for the water program, including, but not 
limited to:
○New dedicated moneys or investments for the 
State Water Plan Fund;
○Changes to any existing fees or moneys 
dedicated to the State Water Plan Fund; and
○Any additional funding sources or tools 
necessary to ensure that the financial 
resources are adequate to address the state’s 
water issues.
The bill would sunset this section of the bill on July 1, 
2027.
Effective Date
The bill would be in effect upon publication in the 
Kansas Register.
Background
The bill was introduced by the House Committee on 
Agriculture at the request of Representative Rahjes.
House Committee on Agriculture
In the House Committee hearing, proponent testimony 
was provided by former legislator Carolyn McGinn, on behalf 
of herself and former legislator Rich Proehl; a former 
Secretary of Transportation; and representatives of the 
7- 2172 Kansas Livestock Association; Kansas Municipal Utilities; 
Kansas Rural Water Association; League of Kansas 
Municipalities; and The Water Assurance Districts of Kansas. 
The proponents generally discussed the importance of water 
policy, stakeholder input, and funding for water projects 
moving forward.
Written-only proponent testimony was provided by 
representatives of Kansans for Conservation; Kansas 
Agribusiness Retailers Association and Kansas Grain and 
Farm Association; Kansas Association of Counties; Kansas 
Chamber; Kansas Cooperative Council; Kansas Farm 
Bureau; Kansas Society of Professional Engineers; and 
WaterOne.
The House Committee amended the bill to:
●Decrease the voting members from 29 to 23;
●Replacing the Kansans for Conservation with the 
Kansas Association of Conservation Districts;
●Replacing “state conservation district” with “local 
conservation district”; and
●Clarify that the Task Force shall consist of at least 
one member from each of the five conservation 
regions of the state.
House Committee of the Whole
The House Committee of the Whole adopted a technical 
amendment to address a spelling error in the bill.
Fiscal Information
According to the fiscal note prepared by the Division of 
the Budget on the bill, as introduced, Legislative 
Administrative Services indicates HB 2172, if enacted, would 
8- 2172 increase expenditures by $15,111 for one meeting in FY 2025 
and $90,667 for six meetings in FY 2026,including $60,484 
for Legislator pay, $25,872 for non-Legislator pay, $4,221 for 
committee assistant pay, and $90 for publication in the 
Kansas Register. Additionally, for FY 2027, Legislative 
Administrative Services indicates an increase of $93,387 in 
expenditures, or 3.0 percent above FY 2026, with the 
provisions of the bill sunsetting afterward. Legislative 
Administrative Services notes that the nonvoting ex officio 
members would be paid by their respective state agencies.
The Kansas Geological Survey indicates that enactment 
of the bill would not have an immediate effect on the State 
General Fund, state revenues, and local revenues; however, 
the work of the Task Force could significantly affect future 
appropriations for how water would be allocated.
The Kansas Department of Health and Environment 
indicates there could be a fiscal effect associated with 
meetings at an estimated cost of $1,000 per meeting held 
outside of Topeka. For meetings in or around Topeka, there 
would be no cost. However, a precise fiscal effect cannot be 
estimated.
The Kansas Department of Revenue and the Kansas 
Corporation Commission indicate that enactment of the bill 
would have a minimal fiscal effect on operations, with 
expenditures anticipated for mileage and subsistence for 
meetings which could be absorbed within existing resources 
by the agencies.
The Kansas Water Office, Kansas Department of 
Agriculture, Kansas Department of Wildlife and Parks, and 
Kansas Board of Regents indicate enactment of the bill would 
have no fiscal effect on operations. Any fiscal effect 
associated with the bill is not reflected in The FY 2026 
Governor’s Budget Report.
9- 2172 The League of Kansas Municipalities and Kansas 
Association of Counties indicate enactment of the bill would 
have no fiscal effect on operations.
Water Program Task Force; water; funding
10- 2172