KS
Kansas House Bill HB2335

Kansas 2023-2024 Regular Session

Kansas House Bill HB2335 Compare Versions

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1+Session of 2023
12 HOUSE BILL No. 2335
2-AN ACT concerning transportation; relating to the rail service improvement program;
3-authorizing loans or grants for qualified track maintenance; providing a definition for
4-qualified track maintenance; increasing the transfer amount from the state highway
5-fund to the rail service improvement fund; amending K.S.A. 2022 Supp. 75-5048 and
3+By Committee on Transportation
4+2-7
5+AN ACT concerning transportation; relating to the rail service
6+improvement program; authorizing loans or grants for qualified track
7+maintenance; providing a definition for qualified track maintenance;
8+increasing the transfer amount from the state highway fund to the rail
9+service improvement fund; amending K.S.A. 2022 Supp. 75-5048 and
610 repealing the existing section.
711 Be it enacted by the Legislature of the State of Kansas:
8-Section 1. K.S.A. 2022 Supp. 75-5048 is hereby amended to read
9-as follows: 75-5048. (a) The secretary of transportation is hereby
10-authorized to make loans or grants to a qualified entity for the purpose
11-of facilitating the financing, acquisition, qualified track maintenance or
12-rehabilitation of railroads and rolling stock in the state of Kansas.
12+Section 1. K.S.A. 2022 Supp. 75-5048 is hereby amended to read as
13+follows: 75-5048. (a) The secretary of transportation is hereby authorized
14+to make loans or grants to a qualified entity for the purpose of facilitating
15+the financing, acquisition, qualified track maintenance or rehabilitation of
16+railroads and rolling stock in the state of Kansas.
1317 (b) Such loans or grants shall be made upon such terms and
14-conditions as the secretary may deem appropriate, and such loans or
15-grants shall be made from funds credited to the rail service
16-improvement fund.
18+conditions as the secretary may deem appropriate, and such loans or grants
19+shall be made from funds credited to the rail service improvement fund.
1720 (c) The rail service improvement fund is hereby established in the
18-state treasury which shall be for the purpose of facilitating the
19-financing, acquisition, qualified track maintenance and rehabilitation of
20-railroads pursuant to subsection (a) of this section and for the
21-refinancing thereof. The secretary shall administer the rail service
22-improvement fund. All expenditures from the rail service improvement
23-fund shall be made in accordance with appropriation acts upon warrants
24-of the director of accounts and reports issued pursuant to vouchers
25-approved by the secretary or by a person or persons designated by the
26-secretary.
21+state treasury which shall be for the purpose of facilitating the financing,
22+acquisition, qualified track maintenance and rehabilitation of railroads
23+pursuant to subsection (a) of this section and for the refinancing thereof.
24+The secretary shall administer the rail service improvement fund. All
25+expenditures from the rail service improvement fund shall be made in
26+accordance with appropriation acts upon warrants of the director of
27+accounts and reports issued pursuant to vouchers approved by the
28+secretary or by a person or persons designated by the secretary.
2729 (d) All moneys received from the federal government, pursuant to
2830 K.S.A. 75-5026, and amendments thereto, shall be remitted to the state
2931 treasurer in accordance with the provisions of K.S.A. 75-4215, and
3032 amendments thereto. Upon receipt of each such remittance, the state
31-treasurer shall deposit the entire amount in the state treasury to the
32-credit of the rail service improvement fund.
33-(e) The management and investment of the rail service
34-improvement fund shall be in accordance with K.S.A. 68-2324, and
35-amendments thereto. Notwithstanding anything to the contrary, all
36-interest or other income of the investments, after payment of any
37-management fees, shall be considered income of the rail service
38-improvement fund.
39-(f) On July 1, 2013 2023, and each July 1 thereafter, the director
40-of accounts and reports shall transfer $5,000,000 $10,000,000 from the
41-state highway fund to the rail service improvement fund. The secretary
42-is hereby authorized to transfer moneys from the state highway fund to
43-the rail service improvement fund or from the rail service improvement
44-fund to the state highway fund. In no event shall the amount remaining
45-in the rail service improvement fund and the amount spent or dedicated
46-for loans or grants in each fiscal year be less than $5,000,000
47-$10,000,000.
33+treasurer shall deposit the entire amount in the state treasury to the credit
34+of the rail service improvement fund.
35+(e) The management and investment of the rail service improvement
36+fund shall be in accordance with K.S.A. 68-2324, and amendments thereto.
37+Notwithstanding anything to the contrary, all interest or other income of
38+the investments, after payment of any management fees, shall be
39+considered income of the rail service improvement fund.
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75+36 HB 2335 2
76+(f) On July 1, 2013 2023, and each July 1 thereafter, the director of
77+accounts and reports shall transfer $5,000,000 $10,000,000 from the state
78+highway fund to the rail service improvement fund. The secretary is
79+hereby authorized to transfer moneys from the state highway fund to the
80+rail service improvement fund or from the rail service improvement fund
81+to the state highway fund. In no event shall the amount remaining in the
82+rail service fund and the amount spent or dedicated for loans or grants in
83+each fiscal year be less than $5,000,000 $10,000,000.
4884 (g) As used in this section,:
49-(1) (A) "Qualified entity" means:
50-(i) Any interstate commerce commission certificated surface
51-transportation board-certificated class II or class III railroad, as
52-defined in 49 C.F.R. § 1201.1-1(a), as in effect on July 1, 2023;
53-(ii) a port authority established in accordance with Kansas laws,
54-or;
55-(iii) any entity meeting the rules and regulations established by
56-K.S.A. 75-5050, and amendments thereto; or
57-(iv) any owner or lessee industry track, as defined in 49 C.F.R. §
58-218.93, as in effect on July 1, 2023, located on or adjacent to a class II
59-or class III railroad in the state of Kansas.
60-(B) "Qualified entity" does not include a class I railroad as
61-defined in 49 C.F.R. § 1201.1-1(a), as in effect on July 1, 2023.
62-(2) "Qualified track maintenance" means gross expenditures for
63-the maintenance, reconstruction or replacement of railroad track,
64-including roadbed, bridges, industrial leads and side track, and related
65-track structures to the extent the expenditures are on track located in HOUSE BILL No. 2335—page 2
66-the state of Kansas and such track was owned or leased by a qualified
67-entity, as defined in paragraph (1)(D) or (E) as of July 1, 2023.
85+(1) "Qualified entity" means:
86+(A) Any interstate commerce commission certificated surface
87+transportation board-certificated railroad,;
88+(B) a port authority established in accordance with Kansas laws, or;
89+(C) any entity meeting the rules and regulations established by K.S.A.
90+75-5050, and amendments thereto;
91+(D) a class II or class III railroad as defined in 49 C.F.R. § 1201.1-
92+1(a), as in effect on July 1, 2023; or
93+(E) any owner or lessee industry track located on or adjacent to a
94+class II or class III railroad in the state of Kansas; and
95+(2) "qualified track maintenance" means gross expenditures for the
96+maintenance, reconstruction or replacement of railroad track, including
97+roadbed, bridges, industrial leads and side track, and related track
98+structures to the extent the expenditures are on track located in the state of
99+Kansas and such track was owned or leased by a qualified entity, as
100+defined in paragraph (1)(D) or (E) as of July 1, 2023.
68101 Sec. 2. K.S.A. 2022 Supp. 75-5048 is hereby repealed.
69102 Sec. 3. This act shall take effect and be in force from and after its
70103 publication in the statute book.
71-I hereby certify that the above BILL originated in the
72-HOUSE, and was adopted by that body
73-
74-HOUSE adopted
75-Conference Committee Report
76-
77-Speaker of the House.
78-
79-Chief Clerk of the House.
80-Passed the SENATE
81- as amended
82-SENATE adopted
83-Conference Committee Report
84-
85-President of the Senate.
86-
87-Secretary of the Senate.
88-APPROVED
89-
90-
91-Governor.
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