Bill
HB 2169
Exempts certain Johnson County nonresidential properties, once Army pesticide sites, from state cleanup and cost-recovery liability if kept nonresidential, with notices for future
Providing an exemption from remediation costs or other liability for owners of certain nonresidential property in Johnson County where the U.S. Army applied commercial pesticides prior to 2005
Status and timeline
- Introduced: Jan. 28, 2025
- Enrolled and presented to Governor: April 4, 2025
- Approved by Governor: April 8, 2025
- Effective: upon publication in the statute book (per Sec. 4)
Purpose and intent
- To exempt certain current owners/possessors of nonresidential property in Johnson County from state-directed cleanup orders, cost‑recovery, permit delays/modifications, and other liability that would otherwise arise from historic application of legally registered commercial pesticide products by the U.S. Army prior to 2005. The Legislature states an intent that the exemption be applied retroactively.
Key provisions (what the law does)
- Amends K.S.A. 65-3453 and 65-3455 to add a new subsection (d) to 65-3453 that:
- Prohibits state agencies or subdivisions from issuing cleanup orders, seeking cost recovery, promulgating regulations or guidance, withholding or delaying permits (including “no further action” approvals or RCRA permit modifications), or otherwise requiring a person owning or possessing any interest in affected property to be responsible for investigation, removal, or remediation costs or nonresidential-use restrictions when:
- The property was previously owned by the U.S. Army;
- The property is located in Johnson County; and
- Legally registered commercial pesticide products were applied at or near structures on the land by the U.S. Army prior to 2005.
- Limits the exemption to property that is nonresidential. If the owner converts the property to residential use or the property is constructed as a day care facility, the owner becomes responsible for investigation/removal/remediation costs under existing law (including pesticide contamination).
- Requires any deed transferring such nonresidential property to include a permanent notice of the potential presence of pesticidal products that may require remediation if the property is ever used for residential purposes. That notice runs with the land and remains on future deeds until KDHE confirms the property meets residential contamination standards or has been remediated to residential levels.
- Amends 65-3455 to make clear that the general liability and cost-recovery provisions in that section do not apply to persons covered by the new 65-3453(d) exemption.
Who is affected
- Benefited: current owners or persons holding an interest in qualifying nonresidential property in Johnson County that was previously owned by the U.S. Army and where the Army applied legally registered commercial pesticides prior to 2005. These owners are shielded from state-mandated cleanup liability while property remains nonresidential.
- Not protected: anyone who converts affected property to residential use or builds a day care facility — such persons will be responsible for remediation costs under existing law.
- State agencies (KDHE and others) — their authority to require remediation or seek recovery in the narrow circumstances described is curtailed.
- Future purchasers — must receive/deed notice and remain subject to remediation obligations if intended residential use occurs.
Other notes
- The statute expressly intends retroactive application of the exemption.
- The act modifies and replaces existing statutory language in the Kansas Hazardous Substances law (K.S.A. 65-3453 and 65-3455).
Compiled from official sources — confirm details with the bill’s official record.
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