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As Amended by House Committee
Session of 2025
HOUSE BILL No. 2112
By Committee on Water
Requested by Representative Pickert
1-28
AN ACT concerning water; relating to the certification of operators of
water supply systems and wastewater treatment facilities; adding
additional members to a public water supply advisory committee;
requiring the secretary to submit an annual report to the
legislature concerning the number and pass rates of operator
examinations administered during the previous two calendar years;
requiring fees for operator certification examinations to not exceed the
cost of such examinations; eliminating the ability of requirement for
the secretary of health and environment to certify operators through a
correspondence course rather than classroom instruction; amending
K.S.A. 65-4513 and K.S.A. 2024 Supp. 65-163 and repealing the
existing section sections; also repealing K.S.A. 65-4506.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2024 Supp. 65-163 is hereby amended to read as
follows: 65-163. (a) (1) No person shall operate a public water supply
system within the state without a public water supply system permit
from the secretary. An application for a public water supply system
permit shall be submitted for review and approval prior to
construction and shall include:
(A) A copy of the plans and specifications for the construction of
the public water supply system or the extension thereof;
(B) a description of the source from which the water supply is to
be derived;
(C) the proposed manner of storage, purification or treatment for
the supply; and
(D) such other data and information as required by the secretary
of health and environment. No source of water supply in substitution
for or in addition to the source described in the application or in any
subsequent application for which a public water supply system permit
is issued shall be used by a public water supply system, nor shall any
change be made in the manner of storage, purification or treatment of
the water supply without an additional public water supply system
permit obtained in a manner similar to that prescribed by this section
from the secretary.
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(2) Whenever application is made to the secretary for a public
water supply system permit under the provisions of this section, it
shall be the duty of the secretary to examine the application without
delay and, as soon as possible thereafter, to grant or deny the public
water supply system permit subject to any conditions that may be
imposed by the secretary to protect the public health and welfare.
(3) The secretary may adopt rules and regulations establishing a
program of annual certification by public water supply systems that
have staff qualified to approve the extension of distribution systems or
the replacement of segments of distribution systems without the
necessity of securing an additional permit for the extension or
replacement provided the plans for the extension or replacement are
prepared by a professional engineer as defined by K.S.A. 74-7003, and
amendments thereto.
(b) (1) Whenever a complaint is made to the secretary by any city
of the state, by a local health officer, or by a county or joint board of
health concerning the sanitary quality of any water supplied to the
public within the county in which the city, local health officer or
county or joint board of health is located, the secretary shall
investigate the public water supply system about which the complaint
is made. Whenever the secretary has reason to believe that a public
water supply system within the state is being operated in violation of
an applicable state law or an applicable rule and regulation of the
secretary, the secretary may investigate the public water supply
system.
(2) Whenever an investigation of any public water supply system
is undertaken by the secretary, it shall be the duty of the supplier of
water under investigation to furnish to the secretary information to
determine the sanitary quality of the water supplied to the public and
to determine compliance with applicable state laws and rules and
regulations. The secretary may issue an order requiring changes in the
source or sources of the public water supply system or in the manner
of storage, purification or treatment utilized by the public water
supply system before delivery to consumers, or distribution facilities,
collectively or individually, as may in the secretary's judgment be
necessary to safeguard the sanitary quality of the water and bring
about compliance with applicable state law and rules and regulations.
The supplier of water shall comply with the order of the secretary.
(c) (1) As used in this subsection, "municipal water treatment
residues" means any solid, semisolid or liquid residue generated
during the treatment of water in a public water supply system
treatment works.
(2) A public water supply system may place or store municipal
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water treatment residues resulting from sedimentation, coagulation or
softening treatment processes in basins on land under the ownership
and control of the public water supply system operator provided that
such storage or placement is approved and permitted by the secretary
under this section as part of the public water supply system.
(3) The secretary shall adopt uniform and comprehensive rules
and regulations for the location, design and operation of such basins.
Such rules and regulations shall require permit applications by the
public water suppliers for such basins to include a copy of the plans
and specifications for the location and construction of each basin, the
means of conveyance of the treatment residues to such basins, the
content of treatment residues, the proposed method of basin operation
and closure, the method of any anticipated expansion and any other
data and information required by the secretary.
(4) Whenever complaint is made to the secretary by the mayor of
any city of the state, by a local health officer or by a county or joint
board of health, or whenever an investigation is undertaken at the
initiative of the secretary, relating to any alleged violation of the
provisions of the permit for placement or storage of municipal water
treatment residues in such basins, the public water supply system
operator shall furnish all information the secretary requires. If the
secretary finds that there is any violation of the terms of the permit,
that the means of placement and storage exceed the terms of the
permit or that any other condition exists by reason of the means of
placement and storage that may be detrimental to the health of any
inhabitants of the state or to the environment, the secretary shall have
the authority to issue an order amending the permit or otherwise
requiring the operator to perform remedial measures to curtail or
prevent such detrimental conditions.
(d) Orders of the secretary under this section, and hearings
thereon, shall be subject to the provisions of the Kansas
administrative procedure act. Any action of the secretary pursuant to
this section is subject to review in accordance with the Kansas judicial
review act. The court on review shall hear the case without delay.
(e) The secretary shall establish by rule and regulation a system
of fees for the inspection and regulation of public water supplies. No
such fee shall exceed $.002 per 1,000 gallons of water sold at retail by a
public water supply system. All such fees shall be paid quarterly in the
manner provided for fees imposed on retail sales by public water
supply systems pursuant to K.S.A. 82a-954, and amendments thereto.
The secretary shall remit all moneys collected for such fees to the state
treasurer in accordance with the provisions of K.S.A. 75-4215, and
amendments thereto. Upon receipt of each such remittance, the state
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treasurer shall deposit the entire amount in the state treasury to the
credit of the public water supply fee fund created by K.S.A. 65-163c,
and amendments thereto.
(f) There is hereby created an advisory committee to make
recommendations regarding:
(1) Fees to be adopted by the secretary under subsection (e);
(2) means of strengthening on-site technical assistance to public
water supply systems;
(3) standards for on-site and classroom water treatment operator
certification programs, including training, examinations, continuing
education and reciprocity;
(4) other matters concerning public water supplies; and
(5) to advise the secretary regarding expenditure of moneys in the
public water supply fee fund created by K.S.A. 65-163c, and
amendments thereto.
(g) Such advisory committee shall consist of:
(1) One member appointed by the secretary to represent the
department of health and environment,;
(2) one member appointed by the director of the Kansas water office
to represent such office; and two
(3) four members appointed by the secretary as follows:
(A) One from three nominations submitted by the Kansas section of
the American waterworks association, and;
(B) one from three nominations submitted by the Kansas rural water
association;
(C) one from three nominations submitted by the league of Kansas
municipalities; and
(D) one from three nominations submitted by Kansas municipal
utilities, inc.
(h) Members of the advisory committee shall serve without
compensation or reimbursement of expenses. The advisory committee
shall meet at least four times each year and on call of the secretary or a
majority of the members of the committee.
(i) On or before February 1 of each year, the secretary shall provide
a written report to the legislature that includes the number of operator
examinations administered during the previous two calendar years and the
pass rates of such examinations, including the pass rates of each separate
classification of operator.
Section 1. Sec. 2. K.S.A. 65-4513 is hereby amended to read as
follows: 65-4513. The secretary shall establish a reasonable schedule of
fees but in no case shall an individual operator examination fee exceed
twenty-five dollars ($25) in any one year $200 or the cost of an individual
operator certification exam, whichever is less.
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Sec. 2. 3. K.S.A. 65-4506 and 65-4513 and K.S.A. 2024 Supp. 65-
163 are hereby repealed.
Sec. 3. 4. This act shall take effect and be in force from and after its
publication in the statute book.
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