Session of 2025
SENATE BILL No. 184
By Committee on Agriculture and Natural Resources
2-4
AN ACT concerning the environment; relating to the Kansas drycleaner
environmental response act; amending such act to change the penalties
for violations thereof; modifying the deductible rate for corrective
actions, the environmental surcharge rate and the solvent fee; updating
the delinquency penalty related to environmental surcharges and
solvent fees; amending K.S.A. 65-34,142, 65-34,144, 65-34,147, 65-
34,148, 65-34,150, 65-34,151 and 65-34,154 and repealing the existing
sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 65-34,142 is hereby amended to read as follows:
65-34,142. As used in this act:
(a) "Chlorinated drycleaning solvent" means any drycleaning solvent
which that contains a compound which that has a molecular structure
containing the element chlorine.
(b) "Corrective action" means those activities described in subsection
(a) of K.S.A. 65-34,148(a), and amendments thereto.
(c) "Corrective action plan" means a plan approved by the secretary
to perform corrective action at a drycleaning facility.
(d) "Department" means the department of health and environment.
(e) "Drycleaning facility" means a commercial establishment that
operates, or has operated in the past, in whole or in part for the purpose of
cleaning garments or other fabrics utilizing a process that involves any use
of drycleaning solvents. "Drycleaning facility" includes all contiguous
land, structures and other appurtenances and improvements on the land
used in connection with a drycleaning facility but does not include prisons
or governmental entities.
(f) "Drycleaning solvent" means any and all nonaqueous solvents
used or to be used in the cleaning of garments and other fabrics at a
drycleaning facility and includes, but is not limited to, perchloroethylene,
also known as tetrachloroethylene, and petroleum-based solvents, and the
products into which such solvents degrade.
(g) "Drycleaning unit" means a machine or device which that utilizes
drycleaning solvents to clean garments and other fabrics and includes any
associated piping and ancillary equipment and any containment system.
(h) "Fund" means the drycleaning facility release trust fund.
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(i) "Immediate response to a release" means containment and control
of a known release in excess of that meets or exceeds a reportable quantity
and notification to the department within 48 hours of any known release in
excess of that meets or exceeds a reportable quantity.
(j) "Owner" means any person who owns or leases, or has owned or
leased, a drycleaning facility and who is or has been responsible for the
operation of drycleaning operations at such drycleaning facility.
(k) "Person" means an individual, trust, firm, joint venture,
consortium, joint-stock company, corporation, partnership, association or
limited liability company. Person does not include any governmental
organization.
(l) "Release" means any spill, leak, emission, discharge, escape, leak
or disposal of drycleaning solvent from a drycleaning facility into the soils
or waters of the state.
(m) "Reportable quantity" means a known release of a chlorinated
drycleaning solvent in excess of that meets or exceeds one quart over a 24-
hour period or a known release of a nonchlorinated drycleaning solvent in
excess of that meets or exceeds one gallon over a 24-hour period.
(n) "Retailer" means any business that:
(1) Is registered for purposes of the Kansas retailers' sales tax act and
provides drycleaning, or drycleaning and laundry, services to final
consumers; or
(2) has provided a drycleaning, or drycleaning and laundry, facility
with a resale exemption certificate and is responsible for charging and
collecting retailers' sales tax from final consumers of drycleaning or
laundry services.
(o) "Secretary" means the secretary of health and environment.
Sec. 2. K.S.A. 65-34,144 is hereby amended to read as follows: 65-
34,144. (a) It shall be unlawful for any person to:
(1) Operate a drycleaning facility in violation of this act, rules and
regulations adopted pursuant to this act or orders of the secretary pursuant
to this act;
(2) prevent or hinder a properly identified officer or employee of the
department or other authorized agent of the secretary from entering,
inspecting, sampling or responding to a release as authorized by this act;
(3) knowingly make any false material statement or representation in
any record, report or other document filed, maintained or used for the
purpose of compliance with this act;
(4) knowingly destroy, alter or conceal any record required to be
maintained by this act or rules and regulations adopted under this act;
(5) willfully allow a release or knowingly fail to make an immediate
response to a release in accordance with this act and rules and regulations
pursuant to this act.
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(b) The director of the division of environment, upon a finding that a
person has violated a provision of subsection (a), may impose on such
person an administrative penalty in an amount not to exceed $500 for
every violation.
(c) In assessing an administrative penalty under this section, the
director of the division of environment shall consider, when applicable, the
following factors:
(1) The extent to which the violation presents a hazard to human
health;
(2) the extent to which the violation has or may have an adverse
effect on the environment;
(3) the amount of the reasonable costs incurred by the state in
detection and investigation of the violation; and
(4) the economic savings realized by the person in not complying
with the provision for which a violation is chargedExcept as otherwise
provided, a violation of K.S.A. 65-34,145(a), and amendments thereto,
shall constitute an unlawful act pursuant to K.S.A. 65-3441, and
amendments thereto, and subject to enforcement actions under K.S.A. 65-
3445, and amendments thereto, and assessment penalties under K.S.A. 65-
3446, and amendments thereto. Any order or decision of the director of the
division of environment or the secretary finding violations pursuant to this
section shall be subject to notice and opportunity for a hearing pursuant
to K.S.A. 65-34,153, and amendments thereto.
Sec. 3. K.S.A. 65-34,147 is hereby amended to read as follows: 65-
34,147. It is the intent of the legislature that, to the maximum extent
possible, moneys in the fund be utilized to address contamination resulting
from releases of drycleaning solvents. The department is directed to
administer the Kansas drycleaner environmental response act under the
following criteria:
(a) To the maximum extent possible, the department itself should deal
with contamination from drycleaning facilities utilizing moneys in the
fund. The department should discourage other units of government, both
federal and local, including the United States environmental protection
agency, from becoming involved in contamination problems resulting from
releases from drycleaning facilities.
(b) The department should make every reasonable effort to keep sites
where drycleaning solvents are involved off of the national priorities list,
as defined in 40 C.F.R. 300.5.
(c) The department should not seek out contaminated drycleaning
facility sites because of the existence of the fund or the other provisions of
this act. The moneys are made available for use as sites are discovered in
the normal course of the business of the agency.
(d) Careful consideration should be given to interim or early
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corrective action which that may result in an overall reduction of risk to
human health and the environment and in the reduction of total costs of
corrective action at a site. Such interim or early corrective action should
receive consideration by the department as a high priority.
(e)(d) The department, in its discretion, may use innovative
technology to perform corrective action.
Sec. 4. K.S.A. 65-34,148 is hereby amended to read as follows: 65-
34,148. (a) Whenever a release poses a threat to human health or the
environment, the department, consistent with rules and regulations adopted
by the secretary pursuant to subsections (d) and (e) of K.S.A. 65-34,143(d)
and (e), and amendments thereto, shall expend moneys available in the
fund to provide for the:
(1) Investigation and assessment of a the release from a drycleaning
facility, including costs of investigations and assessments of contamination
which that may have moved off the drycleaning facility;
(2) necessary or appropriate emergency action, including but not
limited to treatment, restoration or replacement of drinking water supplies,
to assure ensure that the human health or safety is not threatened by a
release or potential release;
(3) remediation of releases from drycleaning facilities, including
contamination which that may have moved off of the drycleaning facility,
which and such remediation shall consist of clean up of affected soil,
groundwater and surface waters, using the most cost effective cost-
effective alternative that is technologically feasible and reliable, provides
adequate protection of human health and environment and to the extent
practical minimizes environmental damage;
(4) operation and maintenance of corrective action;
(5) monitoring of releases from drycleaning facilities including
contamination which that may have moved off of the drycleaning facility;
(6) payment of reasonable costs incurred by the secretary in
providing field and laboratory services;
(7) reasonable costs of restoring property, as nearly close as
practicable to the conditions that existed prior to the activities associated
with the investigation of a the release or, clean up or remediation activities;
(8) removal and proper disposal of wastes generated by a the release
of a drycleaning solvent; and
(9) payment of costs of corrective action conducted by the department
or by other entities other than the department but approved by the
department, whether or not such corrective action is set out in a corrective
action plan, provided, however, that reimbursement for corrective action
costs incurred before the effective date of this act shall be limited to
$100,000 per site that have received approval by the department to
conduct such corrective action, whether or not such corrective action is
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set out in a corrective action plan.
(b) Nothing in subsection (a) shall be construed to authorize the
department to obligate moneys in the fund for the payment of any costs
which that are not integral to corrective action for a release of drycleaning
solvents from a drycleaning facility. Moneys from the fund shall not be
used:
(1) For corrective action at sites that are contaminated by solvents
normally used in drycleaning operations where the contamination did not
result from the operation of a drycleaning facility;
(2) for corrective action at sites, other than drycleaning facilities, that
are contaminated by drycleaning solvents which that were released while
being transported to or from a drycleaning facility by a party other than the
owner of such drycleaning facility or the owner's agents or employees;
(3) to pay any costs associated with any fine or penalty brought
against a drycleaning facility owner under state or federal law; or
(4) to pay any costs related to corrective action at a drycleaning
facility that has been included by the United States environmental
protection agency on the national priorities list or at any facility which that
is a hazardous waste disposal facility, as defined in K.S.A. 65-3430, and
amendments thereto.
(c) Nothing in this act shall be construed to restrict the department
from:
(1) Modifying, in the discretion of the secretary, the priority status of
a site where warranted under the system of priorities established pursuant
to subsection (d) of K.S.A. 65-34,143(d), and amendments thereto; or
(2) temporarily postponing completion of corrective action for which
moneys from the fund are being expended whenever such postponement is
deemed necessary in order to make moneys available for corrective action
at a site with a higher priority.
(d) At any multisource site, the secretary shall utilize the moneys in
the fund to pay for the proportionate share of the liability for corrective
action costs which that is attributable to a release from one or more
drycleaning facilities and for that proportionate share of the liability only.
(e) At any multisource site, the secretary is authorized to make a
determination of determine the relative liability of the fund for costs of
corrective action, expressed as a percentage of the total cost of corrective
action at a site, whether known or unknown. The secretary shall issue an
order establishing such percentage of liability. Such order shall be binding
and shall control the obligation of the fund until or unless amended by the
secretary. In the event of an appeal from such order, such percentage of
liability shall be controlling for costs incurred during the pendency of the
appeal.
(f) Any authorized officer, employee or agent of the department, or
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any person under order or contract with the department, may enter onto
any property or premises, at reasonable times and upon written notice to
the owner or occupant, to take corrective action where the secretary
determines that such action is necessary to protect the public human health
or the environment. If consent is not granted by the person in control of a
site or suspected site regarding any request made by any officer, employee
or agent of the department, or any person under order or contract with the
department, under the provisions of this section, the secretary may issue an
order directing compliance with the request. The order may be issued after
such notice and opportunity for consultation as is reasonably appropriate
under the circumstances.
(g) Notwithstanding the other provisions of this act, in the discretion
of the secretary, an owner may be responsible for up to 100% of the costs
of corrective action attributable to such the owner or operator if the
secretary finds, after notice and an opportunity for a hearing in accordance
with the Kansas administrative procedure act, that:
(1) Requiring the owner to bear such responsibility will not prejudice
another owner or person who is eligible, under the provisions of this act, to
have corrective action costs paid by the fund; and
(2) the owner:
(A) Caused a release by willful or wanton actions and such release
was caused by operating practices contrary to those generally in use at the
time of the release;
(B) is in arrears for moneys owed pursuant to this act, after notice and
an opportunity to correct the arrearage;
(C) substantially obstructs the efforts of the department to carry out
its obligations under this act, provided, however, except that the exercise
of legal rights shall not constitute a substantial obstruction;
(D) caused or allowed the release because of a material violation of
the performance standards established in this act or the rules and
regulations adopted by the secretary under this act; or
(E) has more than once failed to report or failed to take an immediate
response to a release, knowing or having reason to know of such release.
For purposes of this subsection (g), unless a transfer is made solely to
take advantage of this provision, purchasers of stock or other indicia of
ownership and other successors in interest shall not be considered to be the
same owner or operator as the seller or transferor of such stock or indicia
of ownership even though there may be no change in the legal identity of
the owner or operator. To the extent that an owner is responsible for
corrective action costs under this subsection, such owner shall not be
entitled to the exemption set out in subsection (c) of K.S.A. 65-34,149(c),
and amendments thereto.
(h) The fund shall not be liable for the payment of costs in excess of
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$5,000,000 for corrective action at any contaminated drycleaning site. For
purposes of this subsection, "contaminated drycleaning site" means the
areal extent of soil or, groundwater or surface water contamination with
drycleaning solvents.
(i) There shall be a deductible of $5,000 of corrective action costs
incurred because of a release from a drycleaning facilityOn and after July
1, 2025, any owner or other person applying for reimbursement from the
fund for costs incurred or anticipated to be incurred for performing
corrective actions shall submit a $10,000 deductible due with submission
of such application to the department. Nothing herein shall prohibit the
department from taking corrective action because the department cannot
obtain the deductible.
Sec. 5. K.S.A. 65-34,150 is hereby amended to read as follows: 65-
34,150. (a) Subject to the provisions of K.S.A. 65-34,152, and
amendments thereto, there is hereby imposed an environmental surcharge
in the form of a gross receipts tax for the privilege of engaging in the
business of laundering and drycleaning garments and other household
fabrics in this state. The tax shall be at a rate of 2.5% 5% of the gross
receipts received from drycleaning or laundering services. The tax shall be
paid by the consumer to the retailer, and it shall be the duty of the retailer
to collect from the consumer the full amount of the tax imposed or an
amount as nearly as possible or practicable to the average thereof.
(b) Gross receipts otherwise taxable pursuant to this section shall be
exempt from the tax imposed by this section if they arise from:
(1) Services rendered through a coin-operated device, whether
automatic or manually operated, available for use by the general public;
(2) the laundering without use of drycleaning solvents of uniforms,
linens or other textiles for commercial purposes, including any rental of
uniforms, linens or dust control materials; or
(3) charges or services to entities that qualify for exemption from
retailers' sales tax on laundering and drycleaning services pursuant to
K.S.A. 79-3606, and amendments thereto.
(c) The tax imposed by this section shall be imposed on the same tax
base as the Kansas retailers' sales tax and shall be in addition to all other
state and local sales or excise taxes.
(d) The secretary of revenue shall remit the taxes paid under this act
to the state treasurer in accordance with the provisions of K.S.A. 75-4215,
and amendments thereto. Upon receipt of each such remittance, the state
treasurer shall deposit the entire amount in the state treasury to the credit
of the fund. For the purpose of this section, the proceeds of the tax shall
include all funds collected and received by the director of taxation
pursuant to this section, including interest and penalties on delinquent
taxes.
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(e) Every retailer liable for the payment of taxes imposed by this
section shall report the taxes for the same periods and at the same time as
the returns that the retailer files under the Kansas retailers' sales tax act, as
prescribed by K.S.A. 79-3607, and amendments thereto. Each retailer shall
report the tax imposed by this act on a form prescribed by the secretary of
revenue.
(f) (1) All taxes imposed by this section and not paid at or before the
time taxes are due from the retailer under the Kansas retailers' sales tax act
shall be deemed delinquent and shall bear interest at the rate prescribed by
subsection (a) of K.S.A. 79-2968(a), and amendments thereto, from the
due date until paid. In addition, there is hereby imposed upon all amounts
of such taxes remaining due and unpaid after the due date a penalty on the
unpaid balance of the taxes due in the amounts and percentages prescribed
by K.S.A. 79-3615, and amendments thereto.
(2) The secretary of revenue shall report any such delinquency to the
secretary at least once each calendar year in accordance with K.S.A. 75-
5133, and amendments thereto.
(3) The secretary or the director of the division of environment, upon
finding that a person has violated any provision of this section, may
impose a penalty, in addition to any other penalty provided by law. Such
penalty shall not exceed $10,000 per violation that shall constitute an
actual and substantial economic deterrent to the violation for which it is
assessed and, in the case of a continuing violation, every month that such
violation continues shall be deemed a separate violation.
(4) The secretary or the director of the division of environment may
collect any delinquent taxes, including any interest or penalty assessed
pursuant to this act, upon issuance of an order requiring payment of the
amount due subject to K.S.A. 65-34,153, and amendments thereto.
(g) Whenever any taxpayer or person liable to pay tax imposed by
this section refuses or neglects to pay the tax, the amount of the tax,
including any interest or penalty, shall be collected in the manner provided
by law for collection of delinquent taxes under the Kansas retailers' sales
tax act.
(h) Insofar as not inconsistent with this act, the provisions of the
Kansas retailers' sales tax act shall apply to the tax imposed by this
section.
(i) The secretary of revenue is hereby authorized to administer and
enforce the provisions of this section and to adopt such rules and
regulations as may be necessary to carry out the responsibilities of the
secretary of revenue under this section.
Sec. 6. K.S.A. 65-34,151 is hereby amended to read as follows: 65-
34,151. (a) Subject to the provisions of K.S.A. 65-34,152, and
amendments thereto, there is hereby imposed a fee on the purchase or
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acquisition of drycleaning solvent by any owner of a drycleaning facility.
The fee shall be paid to the director of taxation by the person who
distributes the solvent.
(b) The amount of the fee imposed by this section on each gallon of
drycleaning solvent shall be an amount equal to the product of the solvent
factor for the drycleaning solvent and the fee rate of $3.50 plus .25 added
on January 1 of each calendar year, beginning in 1996, until the fee rate
reaches a maximum of $5.50 per gallon.
(c) The solvent factor for each drycleaning solvent is as follows:
Drycleaning solvent Solvent Factor
Perchloroethylene 1.00
Chlorofluorocarbon-113 1.00
1,1,1-trichloroethane 1.00
Other chlorinated drycleaning solvents 1.00
Any nonchlorinated drycleaning solvent 0.10
(d) In the case of a fraction of a gallon, the fee imposed by this
section shall be the same fraction of the fee imposed on a whole gallon.
(e) No person who distributes drycleaning solvent shall sell any such
solvent for use in a drycleaning facility unless such person first obtains the
registration number of the owner of such facility.
(f) The secretary of revenue shall remit the fees paid pursuant to this
section to the state treasurer in accordance with the provisions of K.S.A.
75-4215, and amendments thereto. Upon receipt of each such remittance,
the state treasurer shall deposit the entire amount in the state treasury to
the credit of the fund. For the purpose of this section, the proceeds of the
fee shall include all funds collected and received by the director of
taxation pursuant to this section, including interest and penalties on
delinquent fees.
(g) Subject to rules and regulations adopted pursuant to this section,
the fees imposed by this act shall be paid to the director of taxation for the
same reporting period and on the same reporting date as the purchaser or
user of the solvent reports Kansas retailers' sales tax, as prescribed in
K.S.A. 79-3607, and amendments thereto. The fees imposed by this
section shall be reported on a form prescribed by the secretary of revenue.
(h) (1) Subject to rules and regulations adopted pursuant to this
section, all fees imposed under the provisions of this section and not paid
on or before the 25th day of the month succeeding the reporting period in
which the solvent was purchased shall be deemed delinquent and shall
bear interest at the rate prescribed by subsection (a) of K.S.A. 79-2928
K.S.A. 79-2968, and amendments thereto, from the due date until paid. In
addition, there is hereby imposed upon all amounts of such fees remaining
due and unpaid after the due date a penalty on the unpaid balance of the
fees due in the amounts and percentages prescribed by K.S.A. 79-3615,
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and amendments thereto.
(2) The secretary of revenue shall report any such delinquency o the
secretary at least once each calendar year in accordance with K.S.A. 75-
5133, and amendments thereto.
(3) The secretary or the director of the division of environment, upon
finding that a person has violated any provision of K.S.A. 65-34,151, and
amendments thereto, may impose a penalty not to exceed $10,000 per
violation. Such penalty shall constitute an actual and substantial economic
deterrent to the violation for which such penalty is assessed and, in the
case of a continuing violation, every day that such violation continues
shall be deemed a separate violation.
(4) The secretary or the director of the division of environment may
collect any delinquent fee, including any interest or penalty assessed
pursuant to this act, upon issuance of an order requiring payment of the
amount due subject to K.S.A. 65-34,153, and amendments thereto.
(i) Whenever any person liable to pay the fee imposed by this section
refuses or neglects to pay the fee, the amount of the fee, including any
interest or penalty, shall be collected in the manner provided by law for
collection of delinquent taxes under the Kansas retailers' sales tax act or
this act.
(j) Insofar as not inconsistent with this act, the provisions the Kansas
retailers' sales tax act shall apply to the fees imposed by this section.
(k) The secretary of revenue is hereby authorized to administer and
enforce the provisions of this section and to adopt such rules and
regulations as may be necessary to carry out the responsibilities of the
secretary of revenue under this section.
Sec. 7. K.S.A. 65-34,154 is hereby amended to read as follows: 65-
34,154. On or before the first day of the regular legislative session each
year, the secretary shall submit to the members of the standing committee
on energy agriculture and natural resources of the senate and to the
members of the standing committee on environment agriculture and
natural resources of the house of representatives, or any successor
committees, a report regarding:
(a) Receipts of the fund during the preceding calendar year and the
sources of the receipts;
(b) disbursements from the fund during the preceding calendar year
and the purposes of the disbursements;
(c) the extent of corrective action taken under this act during the
preceding calendar year; and
(d) the prioritization of sites for expenditures from the fund.
Sec. 8. K.S.A. 65-34,142, 65-34,144, 65-34,147, 65-34,148, 65-
34,150, 65-34,151 and 65-34,154 are hereby repealed.
Sec. 9. This act shall take effect and be in force from and after its
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publication in the statute book.1