Kansas committee hears plan to update ag chemical remediation rule after reimbursement cap raised

The Joint Committee on Administrative Rules and Regulations on Monday heard testimony on a proposed regulatory change that would make the Kansas Agriculture Remediation Board’s rules consistent with a 2024 law increasing the maximum reimbursement available to eligible applicants from $200,000 to $300,000.

Randy Stuckey, contract administrator for the Kansas Agriculture Remediation Board, and Jamie Lecker, identified in testimony as Syngenta’s board chair, told the committee the statutory change came through House Bill 2477 (Feb. 2024) and increased the per‑applicant reimbursement cap to $300,000 to reflect rising cleanup costs.

The change being proposed to the board’s regulation does not create a new program, Stuckey said; instead, it updates the regulation to match the statute so applicants may receive the higher reimbursement amount. He told the committee the program has operated for more than two decades and reimburses eligible parties for costs to clean up agricultural chemicals when remediation is approved or directed by the Kansas Department of Health and Environment and when expenses are not covered by insurance.

Committee members asked how the program is funded and how much money is available. Testimony said the remediation fund is financed solely through annual environmental assessments on commercial grain elevators, ag chemical product registrants, fertilizer registrants, custom fertilizer blenders and pesticide dealers — not from state general fund dollars. The presenters said the fund’s balance is about $1,700,000 and that, by statute, there is a $3,000,000 cap on the fund. Committee members were told that if the cap were reached the statute provides a process for pausing fee collections until the fund is drawn down to a lower threshold specified in law.

Senator Faust Gadeau asked about the required annual payment to remain eligible; Stuckey and Lecker explained that a $1,000 payment category exists for people who are not otherwise paying into the fund (for example, those no longer holding a license) so they may remain eligible for reimbursements while their remediation projects continue. Other fee formulas vary by category; grain elevator fees are calculated per bushel under the statute and are remitted via the Kansas Department of Agriculture to the state treasury and then into the remediation fund.

Legislators also discussed recent application volumes and payouts. Committee members were told the program historically moves about $1 million in and out of the fund annually, and in the year described the board received just under 50 applications with reimbursements totaling just under $700,000.

The presenters said the proposed regulation will not raise the cost to industry; it aligns the board’s rules with the updated statutory cap and will allow additional remediation projects to be completed under current fund constraints. Stuckey and Lecker answered technical and statutory questions from committee members; no formal vote on the regulation was taken at the meeting.

The committee adjourned after other items on the agenda.