Kansas 2025-2026 Regular Session

Kansas House Bill HB2340 Compare Versions

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1	1	Session of 2025
2	2	HOUSE BILL No. 2340
3	3	By Committee on Commerce, Labor and Economic Development
4	4	Requested by Stephen Duerst on behalf of Astra Enterprise Park
5	5	2-7
6	6	AN ACT concerning hazardous materials; relating to responsibility for
7	7	costs associated with application of commercial pesticides; providing
8	8	an exemption from remediation costs or other liability for owners of
9	9	certain property located in Johnson county; amending K.S.A. 65-3453
10	10	and 65-3455 and repealing the existing sections.
11	11	Be it enacted by the Legislature of the State of Kansas:
12	12	Section 1. K.S.A. 65-3453 is hereby amended to read as follows: 65-
13	13	3453. (a) The secretary shall have the power to:
14	14	(1) Determine that the clean up of a site is necessary to protect the
15	15	public health or the environment;
16	16	(2) expend and authorize the expenditure of moneys from the
17	17	environmental response fund;
18	18	(3) issue clean-up orders to persons responsible for the health or
19	19	environmental hazard created by the hazardous substance;
20	20	(4) recover moneys from persons responsible for the health or
21	21	environmental hazard created by the hazardous substance;
22	22	(5) assign personnel and equipment necessary to carry out the
23	23	purpose of this act;
24	24	(6) enter into contracts or agreements with any person or company to
25	25	conduct the necessary clean-up operations.
26	26	(b) Any authorized officer, employee or agent of the department or
27	27	any person under contract with the department may enter onto any
28	28	property or premises, at reasonable times and upon written notice to the
29	29	owner or occupant, to gather data, conduct investigations, or take remedial
30	30	action where the secretary determines that such action is necessary to
31	31	protect the public health or environment:
32	32	(1) If consent is not granted by the person in control of a site or
33	33	suspected site regarding any request made by any employee or agent of the
34	34	secretary under the provisions of this section, the secretary may issue an
35	35	order directing compliance with the request. The order may be issued after
36	36	such notice and opportunity for consultation as is reasonably appropriate
37	37	under the circumstances;
38	38	(2) The secretary may ask the attorney general to commence a civil
39	39	action to compel compliance with a request or order referred to in
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75	75	paragraph (1). Where there is a reasonable basis to believe there may be
76	76	pollution, the court shall take the following actions:
77	77	(A) In the case of interference with entry or investigation, the court
78	78	shall enjoin such interference or direct compliance with orders to prohibit
79	79	interference with entry or investigation unless under circumstances of the
80	80	case the demand for entry or investigation is arbitrary and capricious, an
81	81	abuse of discretion, or otherwise not in accordance with law;
82	82	(B) In the case of information or document requests or orders, the
83	83	court shall enjoin interference with such information or document requests
84	84	or orders or direct compliance with the requests or orders to provide such
85	85	information or documents unless under the circumstances of the case the
86	86	demand for information or documents is arbitrary and capricious, an abuse
87	87	of discretion, or otherwise not in accordance with law;
88	88	(3) All orders issued hereunder shall be subject to the provisions of
89	89	K.S.A. 65-3456a and amendments thereto.
90	90	(c) The secretary is hereby authorized to adopt any rules and
91	91	regulations necessary to carry out the provisions of this act.
92	92	(d) Notwithstanding any other provisions of this act or Kansas law,
93	93	no state agency or subdivision thereof shall issue cleanup orders, seek
94	94	recovery of money, promulgate regulations or guidance or otherwise
95	95	require any person owning or possessing any interest in property
96	96	previously owned by the United States army that is located in Johnson
97	97	county, to be subject to or responsible for restrictions on use of such land
98	98	or the costs of investigation, removal or remediation of soil, groundwater
99	99	or surface water where legally registered pesticidal commercial chemical
100	100	products were applied at or near structures on land to control pests by the
101	101	United States army at such property prior to 2005. It is the intent of the
102	102	legislature that this provision be applied retroactively.
103	103	Sec. 2. K.S.A. 65-3455 is hereby amended to read as follows: 65-
104	104	3455. Except as provided by K.S.A. 65-3453(d), and amendments thereto,
105	105	any person responsible for the discharge, abandonment or disposal of
106	106	hazardous substances which the secretary determines is necessary to be
107	107	cleaned up pursuant to K.S.A. 65-3453 and amendments thereto shall be
108	108	responsible for the payment of the costs of investigation to determine
109	109	whether remedial action is necessary at the site. If remedial action is
110	110	required to protect the public health and environment, the costs of that
111	111	remedial action shall be borne by the responsible party. If the secretary
112	112	incurs costs or expends funds for such activities, the responsible person
113	113	shall be notified of such costs and expenditures and shall make repayment
114	114	of all costs incurred for response to the site in accordance with K.S.A. 65-
115	115	3454a and amendments thereto. If the responsible person fails to pay for
116	116	such costs, such payment or repayment shall be recoverable in an action
117	117	brought by the secretary in the district court of Shawnee county. Any
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161	161	money recovered under this section shall be deposited in the
162	162	environmental response fund.
163	163	Sec. 3. K.S.A. 65-3453 and 65-3455 are hereby repealed.
164	164	Sec. 4. This act shall take effect and be in force from and after its
165	165	publication in the statute book.
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