Committee hears bill to double dry-cleaning surcharge, raise deductible and broaden enforcement

The Senate Committee on Agriculture and Natural Resources heard testimony on Senate Bill 184, which would amend the Kansas Dry Cleaner Environmental Response Act to raise the environmental surcharge, raise the corrective-action deductible and expand enforcement tools for the Kansas Department of Health and Environment (KDHE).

KDHE Deputy Director of Environment Kate Gleason told the committee the bill is intended to stabilize a shrinking revenue stream for the dry-cleaner trust fund. "The environmental surcharge is a 25¢ on every $10 tax that consumers pay. We are proposing to increase that to 50¢ per $10," Gleason said. She also said, "we are proposing to increase [the deductible] to $10,000, which is a great deal for the industry ... because it buys you $5,000,000 of liability protection here because we will then take the cost of cleanup up to $5,000,000." The bill would leave the solvent fee and the $100-per-year facility registration fee unchanged, according to KDHE.

The measure would also make certain failures—such as not registering with KDHE or failing to remit fees—unlawful and subject them to penalties. As presented by the reviser, the bill would allow the KDHE secretary or the director of the Bureau of Environmental Remediation to impose a penalty of up to $10,000 per violation; in the case of a continuing violation each month would constitute a separate violation. The bill is written to…