WeVote
Log In

Bill

Bill

HB 2114

Collection of state taxes; period of limitations on collection.

2025 Regular Session Introduced by Karen Keys-Gamarra

Imposes new preconstruction permits, fees, periodic inspections, and civil penalties for dams and water obstructions in Kansas, funding enforcement via the Water Structures Fund.

Passed by indefinitely in Finance and Appropriations (15-Y 0-N)
0
WeVote Research Nonpartisan
Bill Summary · HB 2114

Summary — HB 2114 (Kansas) — Dams, water obstructions, fees, inspections, and penalties

Status: Introduced Jan. 27, 2025; Committee hearing scheduled Feb. 14, 2025, 3:30 PM (Room 112‑N). Requested by Earl Lewis on behalf of the Kansas Department of Agriculture.

Note: Multiple out‑of‑state bills also labeled “HB 2114” were included in the source material. This summary focuses on the Kansas bill (amending K.S.A. 82a‑301 et seq.) regarding dams and other water obstructions.

Purpose / intent
- Clarify which structures are treated as “dams” versus “water obstructions.”
- Revise permit/fee structure and inspection authority for dams/water obstructions.
- Strengthen enforcement tools (post‑construction fees and civil penalties) and direct penalty revenue to the Department of Agriculture’s Water Structures Fund.

Key provisions and changes
- Definitions/exemptions:
- Certain structures are explicitly treated as water obstructions (not dams) where the primary purpose is a dry detention road fill for government entities, or a low‑head dam whose maximum height is below the lowest stream bank.
- Existing exemptions retained/clarified: small hazard Class A dams that are below certain height/storage thresholds and registered with Division of Water Resources; approved wastewater storage structures for confined feeding facilities.

  • Permit and application fees (new/revised):

    • Permit to construct a hazard dam (if not exempt): Class C = $5,000; Class B = $3,000; Class A = $1,500.
    • Permit to modify/add to a hazard dam: Class C = $3,000; Class B = $2,000; Class A = $1,000.
    • Application fees for water obstructions / changing a stream: based on watershed above project:
    • <5 sq. miles: application $100; post‑construction fee $200
    • 5–50 sq. miles: application $200; post‑construction fee $400
    • >50 sq. miles: application $500; post‑construction fee $1,000
    • General permit application: $100.
    • The bill removes existing dam inspection fees and authorizes collection of annual permit fees for hazard dams (per fiscal note).

  • Inspections and inspection authority:

    • Requires the Chief Engineer (or authorized representative) to conduct safety inspections on hazard dams on a schedule:
    • Class C: every 3 years
    • Class B: every 5 years
    • Class A (when not exempt): at least every 10 years
    • Current statute required inspections by a licensed professional engineer; the bill requires any licensed professional engineer performing inspections to be approved by the Chief Engineer (and transfers inspection responsibility in part to the Chief Engineer/Division of Water Resources).

  • Enforcement and penalties:

    • Establishes post‑construction permit fees when an entity fails to obtain a preconstruction permit (fee schedule above).
    • Civil penalties for violations of dam/water obstruction laws, rules or regulations: minimum $100 and maximum $1,000 per violation.
    • Penalty proceeds deposited into the Water Structures Fund (Department of Agriculture).

Who is affected
- Owners and operators of dams and water obstructions (private, municipal, county, state).
- Engineers and consultants who perform inspections (must be approved by Chief Engineer).
- Kansas Department of Agriculture — Division of Water Resources (additional inspection/enforcement responsibilities).
- Potentially the Judicial Branch (appeals of Chief Engineer actions may increase district court filings).

Fiscal and administrative impacts (per Kansas Division of the Budget / fiscal note)
- Estimated need for 2.00 additional licensed engineer positions; annual cost about $249,528 (salaries + benefits).
- Projected new fee revenue approximately $255,000 annually — expected to cover inspection and enforcement costs.
- Office of Judicial Administration notes a possible but indeterminate increase in district court workload from appeals; any docket fees would accrue to the State General Fund.

Procedural/timeline notes
- Bill would amend K.S.A. 82a‑301, 82a‑302, 82a‑303b, 82a‑305a and 82a‑328 and repeal existing sections as indicated.
- Committee hearing: Feb. 14, 2025 (Agriculture and Natural Resources). Subsequent legislative steps and ultimate enactment depend on committee action and floor votes.

For more detail, consult the bill text (K.S.A. amendments) and the Division of the Budget fiscal note.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.