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Minutes for HB2155 - Committee on Agriculture and Natural Resources
Short Title
Providing for department of health and environment response operations for water and soil pollutant release, discharge or escape.
Minutes Content for Fri, Mar 12, 2021
Chairperson Kerschen opened the hearing on HB2155.
Tamera Lawrence of the Revisor of Statutes Office explained the bill.
Bob Jurgens testified in support of the bill. He explained that the bill will permit the Secretary to take steps that balance the need to ensure a clean and healthy environment for Kansas and allow for reasonable requirements on industry during the response to a release. By consolidating and clearly defining the duties of the Secretary, the bill will allow the Department to ensure that the health of Kansans as well as the environment is protected from damage caused by the release of air pollutants.(Attachment 1)
Michael Gillaspie spoke in favor of the bill. He told the committee that his company recognizes that the current requirement to report all releases, regardless of quantity, is unnecessary. Small volume releases are typically addressed quickly and do not warrant reporting and follow up investigations by the agency. The proposed bill is necessary to facilitate regulatory action to establish more appropriate reporting requirements for releases.(Attachment 2)
Aaron Popelka addressed the committee in support of the bill. He explained that Kansas Livestock Association was initially opposed to the bill when it first appeared in 2019 as SB153 because the proposed definition of pollutants was overly broad. Stakeholders compromised on definitions and the next year the bill passed the Senate, but died because of the COVID-19 pandemic. HB2155 has incorporated those changes into this bill and now it has their support.(Attachment 3)
Ed Cross presented neutral testimony on the bill. He wants the committee to understand that there is a Memorandum of Understanding between Kansas Department of Health and Environment and the Kansas Corporation Commission giving the Corporation Commission jurisdiction over spills related to oil and gas exploration and production activities that do not go off-lease. This specifically includes spill response actions for spills of produced fluid.(Attachment 4)
Zack Pistora told the committee that his organization has taken a neutral position on the bill. He believes that to the degree that the bill helps clarify responsibilities, protocol, and reportable quantities that aid better response and protection of the environment, he supports this aspect of the bill. However he is concerned that because the bill includes a specific exclusion of animal or crop waste or manure from being classified as a pollutant, the bill could complicate efforts to address nonpoint pollution and lessen the liability and responsibility of agribusinesses to prevent water or soil contamination from animal or crop waste and manure.(Attachment 5)
Written proponent testimony was provided by:
Randy Stookey- Kansas Grain and Feed, Kansas Agribusiness Retailers, Renew Kansas Biofuels (Attachment 6)
Kelley Kelsey- Evergy (Attachment 7)
Written neutral testimony was provided by Ken Titus- Kansas Department of Agriculture(Attachment 8)
After a brief discussion, Chairperson Kerschen closed the hearing on HB2155.
