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Session of 2026
SENATE BILL No. 333
By Committee on Federal and State Affairs
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AN ACT concerning water; relating to public water systems; prohibiting
the use of fluoride additives in such systems; amending K.S.A. 19-
3521a, 65-162a and 65-171m and K.S.A. 2025 Supp. 65-171r and
repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 19-3521a is hereby amended to read as follows: 19-
3521a. The governing body of any water district created and operating
under the provisions of K.S.A. 19-3501 to 19-3521, and amendments
thereto, may provide for the chlorination and fluoridation of the public
water supply of such water district and such other processing of the public
water supply in said such district as the board may determine to be
advisable for the purpose of improving the public water supply, except that
before such public water supply shall be fluoridated: (a) The board shall
publish a notice once each week for three (3) consecutive weeks in a
newspaper of general circulation in the water district stating its intent to
fluoridate such water supply and, if within ten (10) days after the last
publication of such notice, a petition opposing the fluoridation of said
water supply, signed by a number of qualified registered electors of the
water district at least equal to five percent (5%) of the total number of
votes cast in said water district at the last preceding general election for the
office of secretary of state, is filed with the water district board of the
water district, then the board shall not fluoridate said water supply unless
and until the proposition to fluoridate said water supply is submitted to a
vote of the electors of the district at a regular election of members of the
board of the water district and a majority of those voting on the
proposition shall have voted in favor thereof; or (b) the board may, if it so
determines and publishes a notice of such determination as provided under
(a) herein, submit the proposition to fluoridate said water to a vote of the
electors of the district at a regular election of members of the board of the
water district; or (c) upon a petition proposing the fluoridation of said
water supply signed by a number of registered legal electors of the water
district at least equal to five percent (5%) of the total number of votes cast
in said water district at the last preceding general election for the office of
secretary of state being filed with the water district board requesting that
the proposition to fluoridate said water be submitted to a vote, the board
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shall publish a notice of the filing of such petition as provided under (a)
herein and shall so submit the proposition to fluoridate said water to a vote
of the electors of the district at a regular election of members of the board
of the water district; and (d) the board shall be bound by the vote of the
majority of those voting on the proposition at any election as herein
provided. Such election shall be governed by the provisions of K.S.A. 19-
3507 insofar as the same can be made applicable and the proposition shall
be stated on the ballot in the following form:
"Shall the governing body of water district No. ____ of
______________ county fluoridate the public water supply of said water
district?"
Yes ☐
No ☐
If the board shall fluoridate the public water supply of said district it
shall be in accordance with the recommendations and standards of the
secretary of health and environment.
Sec. 2. K.S.A. 65-162a is hereby amended to read as follows: 65-
162a. As used in K.S.A. 65-163 and, 65-163a, and in K.S.A. 65-171m to
through 65-171t, inclusive, unless the context clearly requires otherwise,
the following words and phrases shall have the meanings respectively
ascribed to them in this section and amendments thereto:
(a) "Person" means an individual, corporation, company, association,
partnership, state, municipality or federal agency.
(b) "Public water supply system" means a system for the provision to
the public of piped water for human consumption, if such system has at
least ten (10) service connections or regularly serves an average of at least
twenty-five (25) individuals daily at least sixty ( 60) days out of the year.
Such term includes any source, treatment, storage or distribution facilities
under control of the operator of the system and used primarily in
connection with the system, and any source, treatment, storage or
distribution facilities not under such control but which are used in
connection with such system.
(c) "Secretary" means the secretary of health and environment.
(d) "Supplier of water" means any person who owns or operates a
public water supply system.
(e) "Water quality additive" means any chemical, additive or
substance that is used in a public water supply system for the purpose of:
(1) Meeting or surpassing primary or secondary drinking water
standards;
(2) preventing, reducing or removing contaminants; or
(3) improving water quality.
Sec. 3. K.S.A. 65-171m is hereby amended to read as follows: 65-
171m. (a) The secretary of health and environment shall adopt rules and
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regulations for the implementation of this act K.S.A. 65-162a, 65-163, 65-
163a, 65-170b, 65-171m, 65-171n, 65-171o, 65-171p, 65-171q, 65-171r,
65-171s and 65-171t, and amendments thereto . In addition to procedural
rules and regulations, the secretary may adopt rules and regulations
providing for but not limited to:
(a)(1) Primary drinking water standards applicable to all public water
supply systems in the state. The primary drinking water standards may:
(1)(A) Identify contaminants which that may have an adverse effect
on the health of persons; and
(2)(B) specify for each contaminant either a maximum contaminant
level that is acceptable in water for human consumption, if it is
economically and technologically feasible to ascertain the level of such
contaminant in water in public water supply systems ;, or the treatment
techniques or methods which that lead to a reduction of the level of the
contaminant sufficient to protect the public health, if it is not economically
or technologically feasible to ascertain the level of the contaminant in the
water in the public water supply system; and
(b)(2) establish the requirements for adequate monitoring,
maintenance of records and submission of reports, sampling and analysis
of water, citing criteria and review and inspections to insure compliance
with the contaminant levels or methods of treatment and to insure proper
operation and maintenance of the public water supply system; and
(c)(3) the definition ofdefine different categories of public water
supply systems , such as community water supply systems and
noncommunity water supply systems, and may provide for varying
requirements for monitoring, maintenance of records and reporting,
sampling and analysis of water, citing criteria, and review and inspections
based on numbers of persons served, source of supply whether surface or
groundwater or other conditions as the secretary may determine to be in
the interest of public health and welfare and economic benefits.
(b) The standards established under this section shall be at least as
stringent as the national primary drinking water regulations adopted under
public law 93-523. No primary drinking water standard or rule and
regulation may require the addition of fluorides to public water supplies.
Sec. 4. K.S.A. 2025 Supp. 65-171r is hereby amended to read as
follows: 65-171r. The following acts are prohibited:
(a) The operation of a public water supply system without first
obtaining a valid public water supply system permit under K.S.A. 65-163,
and amendments thereto;
(b) the operation of a public water supply system in violation of the
conditions of the public water supply system permit under K.S.A. 65-163,
and amendments thereto;
(c) the failure of a supplier of water under investigation to furnish
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information to the secretary under K.S.A. 65-163, and amendments
thereto;
(d) the failure of a supplier of water to comply with any final order of
the secretary issued under the provisions of K.S.A. 65-163 or 65-163a, and
amendments thereto;
(e) the failure of a supplier of water to comply with a primary
drinking water standard established under K.S.A. 65-171m, and
amendments thereto, and rules and regulations adopted pursuant thereto
unless a variance or exception has been granted;
(f) the failure of a supplier of water to comply with the rules and
regulations of the secretary for monitoring, maintenance of records and
submission of reports, sampling and analysis of water and inspections
adopted under K.S.A. 65-171m, and amendments thereto;
(g) the failure of a supplier of water to give notice as required under
K.S.A. 65-171o, and amendments thereto, and rules and regulations
adopted pursuant thereto;
(h) using any pipe, solder or flux in the installation or repair of any
public water supply system or any plumbing in a residential or
nonresidential facility providing water for human consumption, that is not
lead-free;
(i) the sale of unmarked lead solders and fluxes. A seller of lead
solders and fluxes in Kansas shall not sell any solder or flux containing
more than .2% lead unless the seller displays a sign and a label is affixed
to such product that states: "Contains lead: Kansas law and federal law
prohibits the use of this product in any plumbing installation providing
water for human consumption.";
(j) the application of fertilizers, pesticides or other chemicals by any
person through any lawn irrigation system connected to a public water
supply system except that in areas where the public water supply system
has adopted a program for the detection and elimination of cross
connections and prevention of backflow and backsyphonage that has been
approved by the secretary of health and environment, such application may
be permitted by the public water supply system upon its periodic
inspection and current approval of the installed air gap or reduced pressure
zone backflow prevention device that isolates the irrigation system; and
(k) the use by any person of a public water supply system as a source
of make-up water for bulk chemical application tanks except that:
(1) In areas where the public water supply system has adopted a
program for the detection and elimination of cross connections and
prevention of backflow and backsyphonage that has been approved by the
secretary of health and environment, such use may be permitted by the
public water supply system upon its periodic inspection and current
approval of an air gap or reduced pressure zone backflow prevention
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device to protect the public water supply; and
(2) in areas where the public water supply system has not adopted a
program approved by the secretary of health and environment, such use
shall be permitted if an air gap or reduced pressure zone backflow
prevention device is used and such device meets nationally recognized
standards, as determined by the secretary of health and environment; and
(l) the use of any additive in a public water supply system that is not
a water quality additive as defined in K.S.A. 65-162a, and amendments
thereto.
Sec. 5. K.S.A. 19-3521a, 65-162a and 65-171m and K.S.A. 2025
Supp. 65-171r are hereby repealed.
Sec. 6. This act shall take effect and be in force from and after its
publication in the statute book.
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