Division of the Budget
Landon State Office Building Phone: (785) 296-2436
900 SW Jackson Street, Room 504 adam.c.proffitt@ks.gov
Topeka, KS 66612 http://budget.kansas.gov
Adam C. Proffitt, Director Laura Kelly, Governor
Division of the Budget
February 27, 2024
The Honorable Leo Delperdang, Chairperson
House Committee on Energy, Utilities and Telecommunications
300 SW 10th Avenue, Room 582-N
Topeka, Kansas 66612
Dear Representative Delperdang:
SUBJECT: Fiscal Note for HB 2806 by House Committee on Federal and State Affairs
In accordance with KSA 75-3715a, the following fiscal note concerning HB 2806 is
respectfully submitted to your committee.
HB 2806 would authorize certain telecommunications and video service providers to
operate in the public right-of-way. The bill would allow telecommunications and video service
providers to utilize a county’s public right-of-way to construct, maintain and operate poles,
conduit, cable, switches, and related appurtenances and facilities along any public right-of-way.
The bill would allow counties to only assess specified fees or costs listed in the bill against
providers for use or occupancy of the public right-of-way and would be imposed upon all the
providers in a nondiscriminatory and competitively neutral manner.
The Department of Transportation indicates that the enactment of the bill would not have
a fiscal effect. The Department notes that the bill states that “public right-of-way” would not
include any real property, structures or facilities under the ownership, control, or jurisdiction of
the Secretary of Transportation.
The Kansas Association of Counties indicates that the enactment of the bill could have a
fiscal effect on counties depending on whether there are other costs associated with the public
right-of-way that are not listed in the bill; however, a fiscal effect cannot be estimated.
Sincerely,
Adam C. Proffitt
Director of the Budget
cc: Jay Hall, Kansas Association of Counties
Brendan Yorkey, Department of Transportation