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Publications iconKansas Register

Volume 42 - Issue 31 - August 3, 2023

State of Kansas

Department of Health and Environment

Notice of Hearing on Proposed Administrative Regulation

The Kansas Department of Health and Environment (KDHE), Division of Public Health, Kansas Health and Environmental Laboratories (KHEL), will conduct a public hearing at 10:00 a.m. Wednesday, October 25, 2023, in the Azure Conference Room, 4th Floor, Curtis State Office Building, 1000 SW Jackson, Topeka, Kansas, to consider the adoption of proposed amended regulation K.A.R. 28-14-2, regarding a schedule of fees for tests performed by the KHEL for Kansas public water supplies.

A summary of the proposed regulation and estimated economic impact follows:

Summary of Regulation

K.A.R. 28-14-2. Schedule of fees. Updates the pricing and language of 48 billable public water supply tests; adds nine new tests to the schedule of fees; removes five obsolete tests from the schedule of fees.

Economic Impact

Cost to the agency: The proposed regulation will not result in increased costs to the agency.

Cost to the public and regulated community: Total cost of the fee adjustments is $791,949. These costs are charged to KHEL clients who will either absorb the cost or pass it on to the public. This results in an average increase of roughly 35 percent for KHEL clients. Based on feedback received from KHEL clients about the potential fee changes, the vast majority of facilities would be absorbing the costs. Only three facilities of the nearly 1,000 facilities that KHEL services responded to agency outreach and stated that they would pass these costs on to the public.

Costs to other governmental agencies or units: The main clientele of KHEL are public water supplies in the state. The costs specified above apply to city and county governments, the four tribal nations, and the Wolf Creek Nuclear Power Plant.

A detailed economic impact is provided in the economic impact statement that is available from the designated KDHE contact staff person or at the KDHE Laboratory website, as listed below.

The time period between the publication of this notice and the scheduled hearing constitutes a 60-day public comment period for the purpose of receiving written public comments on the proposed regulation. All interested parties may submit written comments prior to 5:00 p.m. on the day of the hearing to Paul Harrison, Kansas Department of Health and Environmental Laboratories, 6810 SE Dwight St., Topeka, KS 66620 or by email to paul.harrison@ks.gov. Interested parties are encouraged to participate in the public hearing by submitting written comments.

During the hearing, all interested parties will be given a reasonable opportunity to present their views orally on the proposed regulation as well as an opportunity to submit their written comments. It is requested that each individual giving oral comments also provide a written copy of the comments for the record. In order to give each individual an opportunity to present their views, it may be necessary for the hearing officer to request that each presenter limit an oral presentation to an appropriate time frame.

Complete copies of the proposed regulation and the corresponding economic impact statement and environmental benefit statement may be obtained from the KDHE Laboratory website at https://www.kdhe.ks.gov/908/Laboratories or by contacting Paul Harrison at 785-296-1656. Questions pertaining to the proposed regulation should be directed to Paul Harrison at the contact information above.

Any individual with a disability may request accommodation in order to participate in the public hearing and may request the proposed regulation and the economic impact statement and environmental benefit statement in an accessible format. Requests for accommodation to participate in the hearing should be made at least five working days in advance of the hearing by contacting Paul Harrison.

Declaración española

El aviso anterior se refiere al período de comentarios públicos y el calendario de audiencias públicas para enmienda propuestas al reglamento de fija de tarifas para las pruebas ambientales realizadas por KDHE para los suministros públicos de agua. Si desean obtener más información en español o tiene otras preguntas, por favor, comuníquese con el Coordinador de No Discriminación de KDHE al 785-296-5156 o en KDHE.NonDiscrimination@ks.gov.

English Statement

The above notice refers to the public comment period and public hearing schedule for the proposed amendments to the regulation fixing fees for environmental tests performed by KDHE for public water supplies. If you would like more information in Spanish or have other questions, please contact the KDHE Non-Discrimination Coordinator at 785-296-5156 or KDHE.NonDiscrimination@ks.gov.

Janet Stanek
Secretary
Department of Health and Environment

Doc. No. 051374