KS
Kansas Senate Bill SB57

Kansas 2025-2026 Regular Session

Kansas Senate Bill SB57 Compare Versions

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11 Session of 2025
22 SENATE BILL No. 57
33 By Committee on Utilities
44 1-22
55 AN ACT concerning roads and highways; relating to orders to modify or
66 relocate communications or video service facilities for certain road and
77 highway projects; requiring certain state agencies, counties, cities and
88 political subdivisions to reimburse the owner or operator of any such
99 facilities for the costs associated with modifying or relocating such
1010 facilities pursuant to any such order; amending K.S.A. 68-402b, 68-415
1111 and 68-2005 and repealing the existing sections.
1212 Be it enacted by the Legislature of the State of Kansas:
1313 Section 1. K.S.A. 68-402b is hereby amended to read as follows: 68-
1414 402b. (a) Authority is hereby granted to (1) Counties, cities and political
1515 subdivisions in this state to may enter into contracts through or with the
1616 secretary of transportation, to enable the state and such counties, cities and
1717 political subdivisions to participate in the benefits to be secured from
1818 federal-aid funds, or funds made available from the federal government for
1919 highway, road or street purposes or for purposes relating to the various
2020 other modes and systems of transportation. Contracts so entered into by
2121 the boards of county commissioners or the governing bodies of cities or
2222 other political subdivisions shall be binding on them or their successors
2323 such boards or governing bodies or any such successors. The secretary of
2424 transportation may negotiate and enter into contracts with the federal
2525 government, federal departments or federal agencies and take all steps and
2626 proceedings necessary to secure such benefits for such counties, cities or
2727 other political subdivisions.
2828 (2) The secretary of transportation may determine amounts to be paid
2929 from the state highway fund on account of any federal-aid project on the
3030 highway system in any county, city or other political subdivision
3131 constructed under the provisions of the federal-aid highway act of 1956, or
3232 prior federal-aid acts, and all acts amendatory thereof or supplemental
3333 thereto, or federal acts relating to the various other modes and systems of
3434 transportation, and approve vouchers therefor. The counties' share of the
3535 cost of all such contracts so entered into by them such counties under the
3636 federal-aid highway act of 1956, or prior federal aid acts, and all acts
3737 amendatory thereof or supplemental thereto, and federal acts relating to
3838 other modes and systems of transportation shall be paid by the proper
3939 county from the road and bridge fund of such county, or from any special
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7676 fund available for such purpose.
7777 (3) Federal aid for county major collector roads or other federal aid
7878 classified routes shall be allocated by the secretary of transportation to
7979 each of the several counties in the proportion that the total gross amount of
8080 moneys received by each county from the special city and county highway
8181 fund and the county equalization and adjustment fund in the preceding
8282 calendar year prior to distribution of any such moneys bears to the total
8383 amount of moneys received by all counties from such fund in such year. If
8484 any county does not provide matching funds for federal aid allocated to
8585 such county, then the secretary of transportation may allocate such federal-
8686 aid funds to other counties or to the state highway system, and the
8787 secretary may accumulate any federal-aid moneys allocated to any or all
8888 counties over such period of time as the secretary deems necessary. Also
8989 The secretary may allow an advanced allocation of federal-aid funds to
9090 any county which that establishes a need for additional federal-aid funds.
9191 Any such advanced allocation shall be made from accumulated federal-aid
9292 funds. Such federal-aid advanced allocations shall be credited back to such
9393 accumulated federal-aid funds if, or when, federal-aid funds are
9494 subsequently allocated to the counties that have received such advance
9595 allocations.
9696 (b) In addition to the powers granted by subsection (a), The secretary
9797 may negotiate and enter into contracts with the federal government, federal
9898 departments, federal agencies or any other entity and may pledge any
9999 federal -aid funds or other funds made available from the federal
100100 government for that or any other highway, road or street purposes within
101101 the state to repay funds which were advanced by counties, cities or
102102 political subdivisions of this state for highway, road or street purposes
103103 pursuant to the approval of the secretary of transportation.
104104 (c) To the extent any county, city or political subdivision of this state
105105 enters into or is the beneficiary of a contract authorized by subsection (a)
106106 or (b), the funds made available pursuant to such contract shall include
107107 sufficient funds to pay for the cost of any modification or relocation of
108108 communications facilities. After modifying or relocating any such
109109 facilities, the owner or operator of the communications facilities shall
110110 submit to the relevant county, city or political subdivision, or to the
111111 secretary of transportation, a description of the costs incurred by such
112112 entity and a request for reimbursement of such costs. Within 90 days
113113 following receipt of a request for reimbursement pursuant to this
114114 subsection, the relevant county, city or political subdivision, or the
115115 secretary of transportation, shall authorize and make such reimbursement
116116 payment to the requesting entity. Notwithstanding any provision of law, or
117117 any rule, permit, agreement, franchise or other authorization, to the
118118 contrary, the provisions of this section shall apply to all projects funded
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162162 pursuant to any contract authorized pursuant to subsection (a) or (b).
163163 (d) As used in this section, "communications facilities" means
164164 facilities owned or operated by any telecommunications provider, video
165165 service provider, as defined in K.S.A. 12-2022, and amendments thereto,
166166 or provider of broadband internet access service, as defined in 47 C.F.R. §
167167 8.1.
168168 Sec. 2. K.S.A. 68-415 is hereby amended to read as follows: 68-415.
169169 (a) (1) Whenever any person, firm or any corporation entity created for the
170170 purpose of constructing and maintaining magnetic telegraph or telephone
171171 lines or other telecommunication facilities or for the purpose of
172172 constructing and maintaining communications facilities as defined in
173173 K.S.A. 68-402b(d), and amendments thereto, lines for the transmission of
174174 electric current or for the purpose of transporting pipelines that transport
175175 oil or, gas or water by pipelines, or municipal corporations, shall construct
176176 or maintain any facilities along, upon or across any state highway,
177177 including any poles, wires, piers, abutments, pipelines or other fixtures
178178 along, upon or across any state highway, such poles, wires, piers,
179179 abutments, pipelines and other fixtures facilities shall be located upon that
180180 part of the right-of-way of the state highway designated by the secretary of
181181 transportation. The secretary of transportation may require order the
182182 removal modification or relocation of such poles, piers, abutments, wires
183183 and pipelines and other fixtures facilities upon state highways from any
184184 location on the state highways to such part of the right-of-way of the state
185185 highways as the secretary of transportation shall designate, and.
186186 (2) If such person, firm or corporation entity, upon receiving notice of
187187 the requirement of an order from the secretary of transportation that such
188188 poles, piers, abutments, wires, pipelines or other fixtures facilities shall be
189189 moved modified or relocated, fails to comply with any such requirement
190190 order, the secretary of transportation may remove modify or relocate such
191191 poles, piers, abutments, wires, pipelines and other fixtures facilities to such
192192 place on the right-of-way of the state highways as may be designated by
193193 the secretary of transportation, and. The cost of any such removal
194194 modification or relocation shall be paid to the secretary of transportation
195195 by such person, firm or corporation entity upon a statement of such cost
196196 being furnished to such person, firm or corporation entity. If any such
197197 person, firm or corporation entity refuses to pay the charges such cost, the
198198 secretary of transportation shall notify the attorney general, who shall
199199 bring suit against such person, firm or corporation entity in the name of the
200200 state to recover the amount. Any amounts received from any such persons,
201201 firms or corporations entity shall be deposited in the state treasury and
202202 credited to the fund from which the cost of such removal was paid.
203203 (b) In addition to the powers provided in subsection (a), The secretary
204204 may advance moneys to a public utility or any entity described in
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248248 subsection (a) when the utilities, structures or facilities of such public
249249 utility or entity are being moved, modified or relocated and in the
250250 secretary's opinion secretary determines that the expeditious movement,
251251 modification or relocation of any such utilities, structures or facilities,
252252 from current or proposed highway right-of-way, is necessitated by a
253253 current or proposed highway project. The secretary shall not advance
254254 moneys to a public utility or any such entity, unless such public utility or
255255 entity can demonstrate a financial need for the advancement of such
256256 moneys.
257257 The secretary shall not advance moneys in excess of $20,000, per
258258 project, to any one public utility or entity. Such public utility or entity
259259 advanced money by the secretary shall pay interest upon such money at
260260 the rate of interest equal to the average yield before taxes received on 91-
261261 day United States treasury bills as determined by the federal reserve banks
262262 as fiscal agents of the United States at its most recent public offering of
263263 such bills prior to the date of the advancement of such money. The term
264264 for the repayment of such money by such public utility or entity shall not
265265 exceed 60 months.
266266 Nothing in this subsection shall give any public utility or entity any
267267 standing on rights of compensation not currently available under law, and
268268 all such payments are deemed a matter of legislative policy to rest solely
269269 within the discretion of the secretary of transportation for the purpose of
270270 expediting the construction, reconstruction or maintenance of the state
271271 highway system.
272272 (c) Any entity that modifies or relocates any facilities pursuant to an
273273 order from the secretary pursuant to subsection (a) shall be entitled to
274274 reimbursement from the secretary for the costs incurred by such entity to
275275 complete such modification or relocation, except that an entity shall not be
276276 entitled to receive reimbursement for any costs that were paid with moneys
277277 advanced by the secretary pursuant to subsection (b). After modifying or
278278 relocating any such facilities, the entity shall submit to the secretary of
279279 transportation a description of the costs incurred by such entity and a
280280 request for reimbursement of such costs. Within 90 days following receipt
281281 of a request for reimbursement, the secretary of transportation shall
282282 authorize and make such reimbursement payment to the requesting entity.
283283 Notwithstanding any provision of law, or any rule, permit, agreement,
284284 franchise or other authorization, to the contrary, the provisions of this
285285 section shall apply to all highway projects, including any highway projects
286286 currently in progress, whether funded by state or federal moneys.
287287 (d) The secretary of transportation shall adopt rules and regulations
288288 establishing the procedure and criteria for the advancement and
289289 reimbursement of moneys under the provisions of this subsection.
290290 (c)(e) (1) Notwithstanding the provisions of subsection (a), any rural
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334334 water district created under the provisions of K.S.A. 82a-612 et seq., and
335335 amendments thereto, or any public wholesale water supply district created
336336 pursuant to K.S.A. 19-3545 et seq., and amendments thereto, which that,
337337 after excluding such water lines that cross a highway, has 90% or more of
338338 its remaining water lines on private right-of-way and is required to relocate
339339 such district's water lines in accordance with subsection (a):
340340 (1)(A) Shall be reimbursed for such district's costs for relocating such
341341 water lines; or
342342 (2)(B) if the secretary of transportation relocates the district's water
343343 lines, such district shall not be required to reimburse the secretary of
344344 transportation the costs for relocating such water lines.
345345 (2) The provisions of this subsection shall apply to all state highway
346346 funded projects, including any highway projects currently in progress.
347347 Sec. 3. K.S.A. 68-2005 is hereby amended to read as follows: 68-
348348 2005. (a) The authority shall have power to construct grade separations at
349349 intersections of any turnpike project with public highways and to change
350350 and adjust the lines and grades of such highways so as to accommodate the
351351 same to the design of such grade separation. The cost of such grade
352352 separations and any damage incurred in changing and adjusting the lines
353353 and grades of such highways shall be ascertained and paid by the authority
354354 as a part of the cost of such turnpike project.
355355 (b) If the authority shall find it necessary to change the location of
356356 any portion of any public highway, it shall cause the same to be
357357 reconstructed at such location as the authority shall deem most favorable
358358 and of substantially the same type and in as good condition as the original
359359 highway. The cost of such reconstruction and any damage incurred in
360360 changing the location of any such highway shall be ascertained and paid
361361 by the authority as a part of the cost of such turnpike project: Provided,.
362362 The authority shall not change the location of any portion of a public
363363 highway which that is a part of the state highway system without the
364364 approval of the secretary of transportation.
365365 (c) Any public highway affected by the construction of any turnpike
366366 project may be vacated or relocated by the authority in the manner now
367367 provided by law for the vacation or relocation of public roads, and any
368368 damages awarded on account thereof shall be paid by the authority as a
369369 part of the cost of such project.
370370 (d) In addition to the foregoing powers, the authority and its the
371371 authority's authorized agents and employees may enter upon any lands,
372372 waters and premises in the state for the purpose of making surveys,
373373 soundings, drillings and examinations as they the authority may deem
374374 necessary or convenient for the purposes of this act, and such entry shall
375375 not be deemed a trespass, nor shall an entry for such purposes be deemed
376376 an entry under any pending condemnation proceedings which may be then
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420420 pending. The authority shall make reimbursement for any actual damage
421421 resulting to such lands, waters and premises as a result of such activities.
422422 (e) The authority shall also have power to may make reasonable
423423 regulations for the installation, construction, maintenance, repair, renewal,
424424 relocation and removal of any facilities, including any tracks, pipes, mains,
425425 conduits, cables, wires, towers, poles and other equipment and appliances
426426 (herein called "transmission facilities") of any video service provider, as
427427 defined in K.S.A. 12-2022, and amendments thereto, provider of
428428 broadband internet access service, as defined in 47 C.F.R. § 8.1, public
429429 utility, pipeline company or pipeline operator located in, on, along, over or
430430 under any turnpike project. Whenever the authority shall determine that it
431431 is necessary that any such transmission facilities which now are, or
432432 hereafter may be, located in, on, along, over or under any turnpike project,
433433 should be relocated in such turnpike project, or should be removed from
434434 such turnpike project, the owner or operator of such facilities shall relocate
435435 or remove the same such facilities in accordance with the order of the
436436 authority: Provided, however, That. The cost and expenses of such
437437 relocation or removal, including the cost of installing such facilities in a
438438 new location or new locations, and the cost of any lands, or any rights or
439439 interests in lands, and any other rights, acquired to accomplish such
440440 relocation or removal, shall be ascertained and paid by the authority as a
441441 part of the cost of such turnpike project. In case of After any such
442442 relocation or removal of facilities, the owner or operator of the same, their
443443 and any such successors or assigns, may maintain and operate such
444444 facilities, with the necessary appurtenances, in the new location or new
445445 locations, for as long a period, and upon the same terms and conditions, as
446446 they such owner or operator had the right to maintain and operate such
447447 facilities in their former location or locations prior to the relocation or
448448 removal.
449449 (f) The authority shall also have power to may enter into contracts
450450 with any landowners for the construction and maintenance of underpasses
451451 and bridges under and across any turnpike project running across or
452452 through such landowner's land.
453453 (g) The state hereby consents to the use of all lands owned by it,
454454 including lands lying under water, which are deemed by the authority to be
455455 necessary for the construction or operation of any turnpike project.
456456 Sec. 4. K.S.A. 68-402b, 68-415 and 68-2005 are hereby repealed.
457457 Sec. 5. This act shall take effect and be in force from and after its
458458 publication in the statute book.
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