Kansas House Bill HB2064

Kansas 2025-2026 Regular Session

• Introduced: 1/22/25
• Refer: 1/22/25
• Report Pass: 2/17/25

Caption

Removing the current solid waste permit exception for the disposal of solid waste generated by drilling oil and gas wells through the practice of land-spreading.

Summary

HB 2064 amends Kansas solid waste law to remove the existing permit exception that allows solid waste generated by drilling oil and gas wells to be disposed of through land-spreading without a solid waste permit. Under current law, that activity is treated as a special exempt disposal method subject to detailed conditions, including best management practices, soil incorporation in higher-precipitation areas, setbacks from shallow groundwater or contaminated sites, application and reporting requirements, a three-year waiting period before reuse of the same location, a $250 fee, interagency coordination, property disclosure, and annual reporting. The bill repeals that specific paragraph from K.S.A. 65-3407c, which would eliminate the statutory exemption and move drilling-waste land-spreading out of the special no-permit category. The practical effect is to tighten regulation of oil and gas drilling waste disposal by requiring this waste stream to be handled under the department’s general solid waste permitting framework unless another authorization applies. It would affect the Kansas Department of Health and Environment, the State Corporation Commission, oil and gas operators, landowners considering land-spreading sites, and potentially purchasers of property where such disposal has occurred. The bill also leaves intact the other permit exemptions in the statute for cleanup sites, remediation projects, demolition waste, transportation accidents, livestock carcasses, and disaster-related waste and storage. Because no committee transcript or vote record was provided, there is no documented floor or committee sentiment in the materials supplied. Based on the bill’s text and caption, the measure appears to reflect a regulatory and environmental protection approach rather than a deregulatory one, with an emphasis on removing a specialized exception for drilling waste disposal. The main point of contention implied by the bill is the balance between oil and gas industry disposal practices and environmental/public health oversight. Supporters would likely view repeal of the exemption as a way to reduce risks to groundwater, soil, and nearby property owners by subjecting drilling waste land-spreading to standard permitting controls. Opponents would likely argue that the change could increase compliance costs, reduce disposal flexibility, and create operational burdens for oil and gas producers and landowners who currently use land-spreading as a disposal method.

Impact

HB 2064 would amend K.S.A. 65-3407c and repeal the current statutory exemption that allows drilling oil and gas waste to be land-spread without a solid waste permit. In effect, it would remove a specific no-permit pathway for this disposal method and likely require such activities to proceed under the department’s ordinary solid waste permitting rules or under some other applicable authorization. The bill would change the regulatory treatment of oil and gas drilling waste, while leaving the statute’s other exemptions and emergency disposal provisions in place.

Sentiment

No committee discussion or vote history was provided, so there is no direct record of legislative sentiment in the supplied materials. The bill’s caption and text suggest a generally precautionary, environmental-protection-oriented posture, focused on tightening oversight of drilling waste disposal. The absence of recorded debate means any broader support or opposition cannot be confirmed from the provided context.

Contention

The likely controversy is over whether land-spreading of drilling waste should remain a streamlined disposal option or be subject to full solid waste permitting. Environmental and public health concerns center on groundwater contamination, soil pollution, and long-term land-use impacts, while oil and gas interests may object to added permitting burdens, fees, and reduced flexibility in waste management. Landowners and local governments could also be affected by the shift in responsibility and oversight.