Session of 2025
SENATE BILL No. 57
By Committee on Utilities
1-22
1AN ACT concerning roads and highways; relating to orders to modify or
2relocate communications or video service facilities for certain road and
3highway projects; requiring certain state agencies, counties, cities and
4political subdivisions to reimburse the owner or operator of any such
5facilities for the costs associated with modifying or relocating such
6facilities pursuant to any such order; amending K.S.A. 68-402b, 68-415
7and 68-2005 and repealing the existing sections.
8
9Be it enacted by the Legislature of the State of Kansas:
10Section 1. K.S.A. 68-402b is hereby amended to read as follows: 68-
11402b. (a) Authority is hereby granted to (1) Counties, cities and political
12subdivisions in this state to may enter into contracts through or with the
13secretary of transportation, to enable the state and such counties, cities and
14political subdivisions to participate in the benefits to be secured from
15federal-aid funds, or funds made available from the federal government for
16highway, road or street purposes or for purposes relating to the various
17other modes and systems of transportation. Contracts so entered into by
18the boards of county commissioners or the governing bodies of cities or
19other political subdivisions shall be binding on them or their successors
20such boards or governing bodies or any such successors. The secretary of
21transportation may negotiate and enter into contracts with the federal
22government, federal departments or federal agencies and take all steps and
23proceedings necessary to secure such benefits for such counties, cities or
24other political subdivisions.
25(2) The secretary of transportation may determine amounts to be paid
26from the state highway fund on account of any federal-aid project on the
27highway system in any county, city or other political subdivision
28constructed under the provisions of the federal-aid highway act of 1956, or
29prior federal-aid acts, and all acts amendatory thereof or supplemental
30thereto, or federal acts relating to the various other modes and systems of
31transportation, and approve vouchers therefor. The counties' share of the
32cost of all such contracts so entered into by them such counties under the
33federal-aid highway act of 1956, or prior federal aid acts, and all acts
34amendatory thereof or supplemental thereto, and federal acts relating to
35other modes and systems of transportation shall be paid by the proper
36county from the road and bridge fund of such county, or from any special
1fund available for such purpose.
2(3) Federal aid for county major collector roads or other federal aid
3classified routes shall be allocated by the secretary of transportation to
4each of the several counties in the proportion that the total gross amount of
5moneys received by each county from the special city and county highway
6fund and the county equalization and adjustment fund in the preceding
7calendar year prior to distribution of any such moneys bears to the total
8amount of moneys received by all counties from such fund in such year. If
9any county does not provide matching funds for federal aid allocated to
10such county, then the secretary of transportation may allocate such federal-
11aid funds to other counties or to the state highway system, and the
12secretary may accumulate any federal-aid moneys allocated to any or all
13counties over such period of time as the secretary deems necessary. Also
14The secretary may allow an advanced allocation of federal-aid funds to
15any county which that establishes a need for additional federal-aid funds.
16Any such advanced allocation shall be made from accumulated federal-aid
17funds. Such federal-aid advanced allocations shall be credited back to such
18accumulated federal-aid funds if, or when, federal-aid funds are
19subsequently allocated to the counties that have received such advance
20allocations.
21(b) In addition to the powers granted by subsection (a), The secretary
22may negotiate and enter into contracts with the federal government, federal
23departments, federal agencies or any other entity and may pledge any
24federal -aid funds or other funds made available from the federal
25government for that or any other highway, road or street purposes within
26the state to repay funds which were advanced by counties, cities or
27political subdivisions of this state for highway, road or street purposes
28pursuant to the approval of the secretary of transportation.
29(c) To the extent any county, city or political subdivision of this state
30enters into or is the beneficiary of a contract authorized by subsection (a)
31or (b), the funds made available pursuant to such contract shall include
32sufficient funds to pay for the cost of any modification or relocation of
33communications facilities. After modifying or relocating any such
34facilities, the owner or operator of the communications facilities shall
35submit to the relevant county, city or political subdivision, or to the
36secretary of transportation, a description of the costs incurred by such
37entity and a request for reimbursement of such costs. Within 90 days
38following receipt of a request for reimbursement pursuant to this
39subsection, the relevant county, city or political subdivision, or the
40secretary of transportation, shall authorize and make such reimbursement
41payment to the requesting entity. Notwithstanding any provision of law, or
42any rule, permit, agreement, franchise or other authorization, to the
43contrary, the provisions of this section shall apply to all projects funded
1pursuant to any contract authorized pursuant to subsection (a) or (b).
2(d) As used in this section, "communications facilities" means
3facilities owned or operated by any telecommunications provider, video
4service provider, as defined in K.S.A. 12-2022, and amendments thereto,
5or provider of broadband internet access service, as defined in 47 C.F.R. §
68.1.
7Sec. 2. K.S.A. 68-415 is hereby amended to read as follows: 68-415.
8(a) (1) Whenever any person, firm or any corporation entity created for the
9purpose of constructing and maintaining magnetic telegraph or telephone
10lines or other telecommunication facilities or for the purpose of
11constructing and maintaining communications facilities as defined in
12K.S.A. 68-402b(d), and amendments thereto, lines for the transmission of
13electric current or for the purpose of transporting pipelines that transport
14oil or, gas or water by pipelines, or municipal corporations, shall construct
15or maintain any facilities along, upon or across any state highway,
16including any poles, wires, piers, abutments, pipelines or other fixtures
17along, upon or across any state highway, such poles, wires, piers,
18abutments, pipelines and other fixtures facilities shall be located upon that
19part of the right-of-way of the state highway designated by the secretary of
20transportation. The secretary of transportation may require order the
21removal modification or relocation of such poles, piers, abutments, wires
22and pipelines and other fixtures facilities upon state highways from any
23location on the state highways to such part of the right-of-way of the state
24highways as the secretary of transportation shall designate, and.
25(2) If such person, firm or corporation entity, upon receiving notice of
26the requirement of an order from the secretary of transportation that such
27poles, piers, abutments, wires, pipelines or other fixtures facilities shall be
28moved modified or relocated, fails to comply with any such requirement
29order, the secretary of transportation may remove modify or relocate such
30poles, piers, abutments, wires, pipelines and other fixtures facilities to such
31place on the right-of-way of the state highways as may be designated by
32the secretary of transportation, and. The cost of any such removal
33modification or relocation shall be paid to the secretary of transportation
34by such person, firm or corporation entity upon a statement of such cost
35being furnished to such person, firm or corporation entity. If any such
36person, firm or corporation entity refuses to pay the charges such cost, the
37secretary of transportation shall notify the attorney general, who shall
38bring suit against such person, firm or corporation entity in the name of the
39state to recover the amount. Any amounts received from any such persons,
40firms or corporations entity shall be deposited in the state treasury and
41credited to the fund from which the cost of such removal was paid.
42(b) In addition to the powers provided in subsection (a), The secretary
43may advance moneys to a public utility or any entity described in
1subsection (a) when the utilities, structures or facilities of such public
2utility or entity are being moved, modified or relocated and in the
3secretary's opinion secretary determines that the expeditious movement,
4modification or relocation of any such utilities, structures or facilities,
5from current or proposed highway right-of-way, is necessitated by a
6current or proposed highway project. The secretary shall not advance
7moneys to a public utility or any such entity, unless such public utility or
8entity can demonstrate a financial need for the advancement of such
9moneys.
10The secretary shall not advance moneys in excess of $20,000, per
11project, to any one public utility or entity. Such public utility or entity
12advanced money by the secretary shall pay interest upon such money at
13the rate of interest equal to the average yield before taxes received on 91-
14day United States treasury bills as determined by the federal reserve banks
15as fiscal agents of the United States at its most recent public offering of
16such bills prior to the date of the advancement of such money. The term
17for the repayment of such money by such public utility or entity shall not
18exceed 60 months.
19Nothing in this subsection shall give any public utility or entity any
20standing on rights of compensation not currently available under law, and
21all such payments are deemed a matter of legislative policy to rest solely
22within the discretion of the secretary of transportation for the purpose of
23expediting the construction, reconstruction or maintenance of the state
24highway system.
25(c) Any entity that modifies or relocates any facilities pursuant to an
26order from the secretary pursuant to subsection (a) shall be entitled to
27reimbursement from the secretary for the costs incurred by such entity to
28complete such modification or relocation, except that an entity shall not be
29entitled to receive reimbursement for any costs that were paid with moneys
30advanced by the secretary pursuant to subsection (b). After modifying or
31relocating any such facilities, the entity shall submit to the secretary of
32transportation a description of the costs incurred by such entity and a
33request for reimbursement of such costs. Within 90 days following receipt
34of a request for reimbursement, the secretary of transportation shall
35authorize and make such reimbursement payment to the requesting entity.
36Notwithstanding any provision of law, or any rule, permit, agreement,
37franchise or other authorization, to the contrary, the provisions of this
38section shall apply to all highway projects, including any highway projects
39currently in progress, whether funded by state or federal moneys.
40(d) The secretary of transportation shall adopt rules and regulations
41establishing the procedure and criteria for the advancement and
42reimbursement of moneys under the provisions of this subsection.
43(c)(e) (1) Notwithstanding the provisions of subsection (a), any rural
1water district created under the provisions of K.S.A. 82a-612 et seq., and
2amendments thereto, or any public wholesale water supply district created
3pursuant to K.S.A. 19-3545 et seq., and amendments thereto, which that,
4after excluding such water lines that cross a highway, has 90% or more of
5its remaining water lines on private right-of-way and is required to relocate
6such district's water lines in accordance with subsection (a):
7(1)(A) Shall be reimbursed for such district's costs for relocating such
8water lines; or
9(2)(B) if the secretary of transportation relocates the district's water
10lines, such district shall not be required to reimburse the secretary of
11transportation the costs for relocating such water lines.
12(2) The provisions of this subsection shall apply to all state highway
13funded projects, including any highway projects currently in progress.
14Sec. 3. K.S.A. 68-2005 is hereby amended to read as follows: 68-
152005. (a) The authority shall have power to construct grade separations at
16intersections of any turnpike project with public highways and to change
17and adjust the lines and grades of such highways so as to accommodate the
18same to the design of such grade separation. The cost of such grade
19separations and any damage incurred in changing and adjusting the lines
20and grades of such highways shall be ascertained and paid by the authority
21as a part of the cost of such turnpike project.
22(b) If the authority shall find it necessary to change the location of
23any portion of any public highway, it shall cause the same to be
24reconstructed at such location as the authority shall deem most favorable
25and of substantially the same type and in as good condition as the original
26highway. The cost of such reconstruction and any damage incurred in
27changing the location of any such highway shall be ascertained and paid
28by the authority as a part of the cost of such turnpike project: Provided,.
29The authority shall not change the location of any portion of a public
30highway which that is a part of the state highway system without the
31approval of the secretary of transportation.
32(c) Any public highway affected by the construction of any turnpike
33project may be vacated or relocated by the authority in the manner now
34provided by law for the vacation or relocation of public roads, and any
35damages awarded on account thereof shall be paid by the authority as a
36part of the cost of such project.
37(d) In addition to the foregoing powers, the authority and its the
38authority's authorized agents and employees may enter upon any lands,
39waters and premises in the state for the purpose of making surveys,
40soundings, drillings and examinations as they the authority may deem
41necessary or convenient for the purposes of this act, and such entry shall
42not be deemed a trespass, nor shall an entry for such purposes be deemed
43an entry under any pending condemnation proceedings which may be then
1pending. The authority shall make reimbursement for any actual damage
2resulting to such lands, waters and premises as a result of such activities.
3(e) The authority shall also have power to may make reasonable
4regulations for the installation, construction, maintenance, repair, renewal,
5relocation and removal of any facilities, including any tracks, pipes, mains,
6conduits, cables, wires, towers, poles and other equipment and appliances
7(herein called "transmission facilities") of any video service provider, as
8defined in K.S.A. 12-2022, and amendments thereto, provider of
9broadband internet access service, as defined in 47 C.F.R. § 8.1, public
10utility, pipeline company or pipeline operator located in, on, along, over or
11under any turnpike project. Whenever the authority shall determine that it
12is necessary that any such transmission facilities which now are, or
13hereafter may be, located in, on, along, over or under any turnpike project,
14should be relocated in such turnpike project, or should be removed from
15such turnpike project, the owner or operator of such facilities shall relocate
16or remove the same such facilities in accordance with the order of the
17authority: Provided, however, That. The cost and expenses of such
18relocation or removal, including the cost of installing such facilities in a
19new location or new locations, and the cost of any lands, or any rights or
20interests in lands, and any other rights, acquired to accomplish such
21relocation or removal, shall be ascertained and paid by the authority as a
22part of the cost of such turnpike project. In case of After any such
23relocation or removal of facilities, the owner or operator of the same, their
24and any such successors or assigns, may maintain and operate such
25facilities, with the necessary appurtenances, in the new location or new
26locations, for as long a period, and upon the same terms and conditions, as
27they such owner or operator had the right to maintain and operate such
28facilities in their former location or locations prior to the relocation or
29removal.
30(f) The authority shall also have power to may enter into contracts
31with any landowners for the construction and maintenance of underpasses
32and bridges under and across any turnpike project running across or
33through such landowner's land.
34(g) The state hereby consents to the use of all lands owned by it,
35including lands lying under water, which are deemed by the authority to be
36necessary for the construction or operation of any turnpike project.
37Sec. 4. K.S.A. 68-402b, 68-415 and 68-2005 are hereby repealed.
38Sec. 5. This act shall take effect and be in force from and after its
39publication in the statute book.