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HOUSE BILL No. 2647
AN A CT concerning communications services; relating to the Kansas department of
transportation; authorizing the Kansas department of transportation to establish a
statewide conduit system for fiber optic transmissions of broadband connections ;
establishing the Kansas broadband revolving fund for the receipt and disbursement of
moneys related to such system; requiring the secretary of transportation to prepare
and submit a report to the legislature regarding such system.
Be it enacted by the Legislature of the State of Kansas:
Section 1. As used in this act:
(a) "Department" means the Kansas department of transportation.
(b) "Equipment" means optical fibers and ancillary equipment
used to support fiber optic transmission systems, including, but not
limited to, transmitters, receivers, connectors, vaults and ducts.
(c) "Revenues" means any receipts, fees, revenues or other
payments received or to be received by the department under this act.
(d) "Secretary" means the secretary of the Kansas department of
transportation.
(e) "System" means a physical infrastructure of conduit and
microduct used to house optical fibers that enable the transmission of
broadband connections.
Sec. 2. (a) The secretary is hereby authorized and empowered to
plan, administer, construct, reconstruct, rehabilitate and maintain a
system in accordance with this act. The secretary may:
(1) Enter into agreements with governmental and
nongovernmental entities to install equipment in the system or use the
system to the extent that the system is not needed by the department;
and
(2) require entities that install equipment in the system or use the
system to obtain a highway right-of-way use permit.
(b) The secretary shall:
(1) Establish a schedule of fees to be charged to entities that install
equipment in the system or use the system. Such fees shall be set at an
amount that is sufficient to recover the actual incremental cost incurred
by the department for the administration, construction, reconstruction,
rehabilitation and maintenance of the system;
(2) adopt a policy to prioritize the available space within the
system; and
(3) establish standard terms and conditions that shall be included
in any agreement that authorizes an entity to install equipment in the
system or use the system.
(c) Nothing in this act shall require any entity to use the
department's system. The department shall not require any entity to use
the department's system in lieu of obtaining a highway use permit and
installing such entity's own system within the state highway right- of-
way. Only entities using the department's system shall be required to
pay fees or costs associated with the department's system.
(d) It is the intent of the legislature that the department shall not
compete with the private sector in the provision of broadband
infrastructure or services.
Sec. 3. (a) There is hereby established in the state treasury the
Kansas broadband revolving fund. Such fund shall be administered by
the secretary. All expenditures from the Kansas broadband revolving
fund shall be made in accordance with appropriation acts upon warrants
of the director of accounts and reports issued pursuant to vouchers
approved by the secretary or secretary's designee. All moneys received
by the secretary pursuant to this act shall be remitted to the state
treasurer in accordance with the provisions of K.S.A. 75-4215, and
amendments thereto. Upon receipt of each such remittance, the state
treasurer shall deposit the entire amount to the credit of the Kansas
broadband revolving fund.
(b) The Kansas broadband revolving fund shall consist of:
(1) Any fees paid to the secretary pursuant to section 2, and
amendments thereto;
(2) amounts appropriated or otherwise made available by the
legislature for the purpose of the fund;
HOUSE BILL No. 2647—page 2
(3) interest earned on moneys in the fund pursuant to subsection
(d);
(4) amounts contributed or otherwise made available by any
public or private entity, including the federal government, for use in
effectuating the purposes of the fund; and
(5) amounts transferred from the state highway fund by order of
the secretary.
(c) The secretary or the secretary's designee may make
expenditures from the Kansas broadband revolving fund to:
(1) Plan, administer, construct, reconstruct, rehabilitate and
maintain the system;
(2) pay for the administrative costs to carry out the provisions of
this act; and
(3) transfer moneys from the Kansas broadband revolving fund to
the state highway fund.
(d) On or before the 10 th day of each month commencing on July
1, 2026, the director of accounts and reports shall transfer from the
state general fund to the Kansas broadband revolving fund interest
earnings based on:
(1) The average daily balance of moneys in the Kansas broadband
revolving fund for the preceding month; and
(2) the net earnings rate of the pooled money investment portfolio
for the preceding month.
(e) To carry out the provisions of this act, the secretary is hereby
authorized to order the director of accounts and reports to transfer
moneys from the state highway fund to the Kansas broadband
revolving fund or from the Kansas broadband revolving fund to the
state highway fund.
Sec. 4. (a) Prior to the 10 th day of the regular session of the
legislature each year, the secretary shall submit a written report to the
governor, and the senate committee on utilities , the senate committee
on transportation, the house of representatives committee on energy,
utilities and telecommunications , the house of representatives
committee on transportation and the house of representatives
committee on transportation and public safety budget, that provides:
(1) The amount of the system constructed, reconstructed or
rehabilitated during the preceding fiscal year;
(2) the costs associated with the planning, administration,
construction, reconstruction, rehabilitation and maintenance of the
system during the preceding fiscal year, which shall be set out for each
individual category of cost;
(3) the payments made by governmental and nongovernmental
entities that have entered into agreements with the secretary to install
equipment in the system or use the system;
(4) a listing of the governmental and nongovernmental entities that
have entered into agreements with the secretary to install equipment in
the system or use the system;
(5) a listing of the governmental and nongovernmental entities that
have terminated agreements with the secretary to install equipment in
the system or use the system;
(6) a listing of all governmental and nongovernmental entities that
have applied to install equipment in the system or use the system but
have not been allowed to install equipment in the system or use the
system and why such entities were denied;
(7) a listing of projects that are anticipated to be performed in the
subsequent five years and the anticipated timeline for the projects;
(8) information concerning the condition and performance of the
system; and
(9) an explanation of any material changes from the previous
annual report.
(b) The secretary shall post such report on the official internet
page of the department and provide notice of the online posting to all
persons or entities requesting such notice. The secretary shall establish
a virtual method for a person or entity to request such notice.
HOUSE BILL No. 2647—page 3
Sec. 5. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the HOUSE, and was
adopted by that body
HOUSE adopted
Conference Committee Report
Speaker of the House.
Chief Clerk of the House.
Passed the SENATE
as amended
SENATE adopted
Conference Committee Report
President of the Senate.
Secretary of the Senate.
APPROVED
Governor.