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Oct. 19, 2019
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Minutes for HB2085 - Committee on Agriculture

Short Title

Time requirement for reinstatement of a forfeited benefit unit of a rural water district.

Minutes Content for Tue, Feb 5, 2019

Chair Highland opened the hearing on HB2085 at 3:31pm.

Kyle Hamilton, Assistant Revisor, Office of The Revisor of Statutes, provided an overview of HB2085, the statutes that it affects, and stood for questions from the Committee.  (Attachment 1)   There is a Fiscal Note for HB2085.


Greg Dekat, P.E., Vice-Chair, Rural Water District #2, Wabaunsee County KS, appeared before the Committee in support of HB2085. (Attachment 2)  (Attachment 3)    While he is a proponent of HB2085, he has concerns about the length of time that the water district has to hold the forfeited benefit.  The District has suggested options for a change in the language to prevent forfeited benefit unit capacity from being reserved and unused in perpetuity.  Ten engineers will give you ten different answers about what the capacity is. I am not sure what the intent of the new language was so hopefully this change is not somehow contrary to the purpose of the original language.    

Mr Dekat stood for questions from the Committee 

Doug Mays, Kansas Rural Water Association, appeared before the Committee in support of HB2085.  (Attachment 4)   Depending on the situation, especially on properties involved in foreclosure, it was difficult for the water districts to make sure that proper notice was provided to the entity holding the property and prospective owners were also often under the impression that there was no problem with water service because that information was never conveyed to them. The imposition of the full cost of a new membership, which averages $3,000 and up to $8,000, was sticker-shock to the new owners who would often only learn of the situation after purchase of the property. The Association supported the legislation that limited the charges for reinstatement of water service for back charges.

The Kansas Rural Water Association does not support a limitation of time for reinstatement, but it does support an amendment to limit the requirement for rural water districts to reestablish service only if the capacity of the district's facilities permits.    

Mr Mays stood for questions from the Committee.

There were no opponents/neutrals of HB2085.

The hearing on HB2085 was closed at 3:50pm.

The Chair noted the receipt of the following Annual Reports:

  • Kansas Agriculture Remediation Board 2019 Annual Report  (Attachment 5)
  • Kansas Agriculture Remediation Board 2018 Audit Report  (Attachment 6) 

The Chair adjourned at 3:51pm.