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{As Amended by Senate Committee of the Whole}
As Amended by Senate Committee
Session of 2026
SENATE BILL No. 439
By Committee on Utilities
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AN ACT concerning railroads; enacting the utility railroad crossing act;
relating to utility facilities crossing or parallel to railroads; requiring a
process for utilities to construct, maintain, operate or alter utility
facilities crossing or parallel to a railroad right-of-way; requiring notice
and certain information regarding the proposed utility facility or
changes to such facility be provided to railroads; permitting railroads to
request certain items for the construction, maintenance, operation or
alteration of utility facilities in such railroad's right-of-way; providing
for objections to utility facilities and resolution of such objections
through the state corporation commission.
Be it enacted by the Legislature of the State of Kansas:
Section 1. (a) Sections 1 through 16 17 , and amendments thereto,
shall be known and may be cited as the utility railroad crossing act.
(b) The purpose of this act is to establish a consistent process for the:
(1) Placement, laying, construction, maintenance, alteration,
inspection, repair, replacement, relocation, operation and removal of utility
facilities that cross or parallel a railroad right-of-way; and
(2) maintenance, alteration, inspection, repair, replacement,
relocation, operation and removal of utility facilities that are parallel to
a railroad right-of-way.
(c) This act shall apply to a crossing or paralleling that is:
(1) Subject to an agreement in existence before July 1, 2026, if the
agreement has expired or been terminated; or
(2) placed, laid, constructed, maintained, altered, inspected, repaired,
replaced, protected, relocated, operated or removed on or after July 1,
2026.
Sec. 2. As used in the utility railroad crossing act:
(a) "Crossing" means a facility located or proposed to be located
over, across or under a railroad right-of-way. "Crossing" does not include a
longitudinal occupancy of a railroad right-of-way.
(b) "Facility" means any personal property owned, operated or
maintained by a utility that is used in the distribution, transmission, storage
or conveyance of: (1) Water; (2) sewage; (3) electronic, telephone, data or
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broadband communications; (4) fiber optics; (5) cable television; (6)
electric energy; (7) oil; (8) natural gas; or (9) hazardous liquids. "Facility"
includes, but is not limited to, pipes, pipelines, sewers, conduits, cables,
valves, lines, wires, poles, manholes, attachments and other infrastructure
or equipment appurtenant thereto.
(c) "Parallel" or "paralleling" means a facility that has been placed,
laid or constructed in a railroad right-of-way and runs adjacent to,
alongside and within a railroad right-of-way for not more than one mile, or
a greater distance agreed to by the parties, and then the facility crosses,
terminates or exits the railroad right-of-way.
(d) "Public right-of-way" means the full width and length of a right-
of-way that is:
(1) Dedicated to public use, including, but not limited to, streets,
roads, bridges, highways, sidewalks or other lands dedicated to public use;
or
(2) a location identified on a United States department of
transportation crossing inventory form as any crossing type designated as a
public or private crossing with public access.
(e) "Utility" means any person, firm, corporation or municipality and
any contractors or agents thereof that provides services to the public.
"Utility" does not include a cooperative as defined in K.S.A. 66-104d,
and amendments thereto, or an entity that is a not-for-profit wholly
owned subsidiary of a corporation organized under the electric
cooperative act, K.S.A. 17-4601 et seq., and amendments thereto, and
provides retail electric service to customers in this state, unless such
cooperative or entity has elected to be subject to the provisions of this act
pursuant to section 3, and amendments thereto.
(f) "Railroad" means a railroad company as defined in K.S.A. 66-
2,123, and amendments thereto, and any successor in interest thereto.
(g) "Railroad right-of-way" means one or more of the following:
(1) A right-of-way that is owned or operated by a railroad and used
for railroad operations, including, but not limited to, strips of land,
easements or corridors, whether acquired by public grant, private grant,
conveyance or through the exercise of eminent domain, including any
parcel or tract acquired by a railroad adjacent to the railroad's right-of-way
that is used to aid in the construction, maintenance or accommodation of
the railroad's railway;
(2) a right-of-way that is occupied or managed by or on behalf of a
railroad, including an abandoned railroad right-of-way that has not
otherwise reverted pursuant to K.S.A. 66-525, and amendments thereto; or
(3) another interest in a former railroad right-of-way that has been
acquired or is operated by a land management company or similar entity.
New Sec. 3. (a) The board of trustees of a cooperative as defined in
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K.S.A. 66-104d, and amendments thereto, or an entity that is a not-for-
profit wholly owned subsidiary of a corporation organized under the
electric cooperative act, K.S.A. 17-4601 et seq., and amendments thereto,
and provides retail electric service to customers in this state may elect to
be subject to the provisions of this act by notifying the state corporation
commission in writing of such election.
(b) The state corporation commission shall maintain records of any
such written notification and disclose such records when requested by a
railroad to verify such cooperative or entity's election.
(c) Upon notification to the state corporation commission, such
cooperative or entity shall be subject to the provisions of this act.
Sec. 3. 4. (a) (1) Subject to the provisions of this act, when a utility
intends to:
(A) Place, lay, construct, maintain, alter, inspect, repair, replace,
relocate, operate or remove a crossing or paralleling located in a public
right-of-way, the utility shall provide the railroad a written notice of such
intent 30 60 days before the utility takes the action; or
(B) maintain, alter, inspect, repair, replace, relocate, operate or
remove a paralleling located in a public right-of-way, the utility shall
provide the railroad a written notice of such intent 120 days before the
utility takes the action.
(2) The notice shall include:
(1)(A) An engineering design that conforms with any applicable
guidelines published in the 2023 national electric safety code or the 2025
manual for railway engineering of the American railway engineering and
maintenance-of-way association and shows the location of the proposed
crossing or paralleling activities; and
(2)(B) an address for correspondence with the utility.
(b) A utility shall request permission from a railroad to place, lay,
construct, maintain, alter, inspect, repair, replace, relocate, operate or
remove a crossing or paralleling located outside of any public right-of-way
or maintain, alter, inspect, repair, replace, relocate, operate or remove a
paralleling located outside of any public right-of-way . The request shall
be in the form of a completed crossing or paralleling application as
provided or approved by the railroad, if possible, and include:
(1) An engineering design that conforms with any applicable
guidelines published in the 2023 national electric safety code or the 2025
manual for railway engineering of the American railway engineering and
maintenance-of-way association and shows the location of the proposed
crossing or paralleling activities;
(2) the standard fee as required in section 5 6 , and amendments
thereto;
(3) evidence of insurance as required in section 6 7, and amendments
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thereto; and
(4) an address for correspondence with the utility.
(c) Within 15 calendar days after receipt of a notification or request
made pursuant to this section, a railroad shall inform the utility whether
the submission is incomplete and of any additional necessary information
and submissions.
(d) Subject to the provisions of this act, a utility may perform the
following without providing notice or submitting a request to the railroad:
(1) Activities that do not require excavation within railroad right-of-
way;
(2) leak surveys performed on a crossing or paralleling by a natural
gas utility, including, but not limited to, bar hole tests; and
(3) the marking of an underground crossing or paralleling in
accordance with the Kansas underground utility damage prevention act.
(e) A utility shall provide a railroad notice 72 hours before any
activities that involve the insertion, maintenance, replacement or removal
of a facility within an existing conduit if any excavation will be performed
outside the railroad right-of-way, but shall not be required to submit any
other notification or request.
(f) (1) In the event a utility or railroad needs to perform emergency or
nonroutine maintenance or repair on a crossing or paralleling within a
railroad right-of-way and the maintenance or repair may affect the
operations of the other entity, immediate notification of the maintenance or
repair being performed shall be given to the other entity.
(2) A utility with a crossing or paralleling shall establish a mechanism
or plan for receiving emergency notifications 24 hours per day, seven days
per week.
(3) Unless permission from the affected railroad or utility has been
received, the railroad or utility may only perform maintenance or repair
work on their own respective property. If the emergency maintenance or
repair performed by the railroad or utility causes reasonable expenses to be
incurred by the other entity, those reasonable expenses shall be reimbursed
by the railroad or utility conducting the maintenance or repair.
(g) A utility operating any crossing or paralleling as of the effective
date of this act may continue to operate the crossing or paralleling in
accordance with this act.
(h) (1) Unless the railroad notifies the utility, in accordance with
section 7 8 , and amendments thereto, that a proposed crossing or
paralleling activities will impede railroad operations or pose undue public
safety risks where the crossing or paralleling is activities are proposed, 30
60 calendar days after a utility submits a notification or request required
by this section , the utility may commence with the placement, laying,
construction, maintenance, alteration, inspection, repair, replacement,
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protection, relocation or removal of the crossing or paralleling. In all other
instances, the utility shall be deemed to have authorization to perform the
requested work. A railroad shall not impose additional requirements on a
crossing or paralleling located in a public right-of-way.
(2) Unless the railroad notifies the utility, in accordance with
section 8, and amendments thereto, that a proposed paralleling activity
will impede railroad operations or pose undue public safety risks where
the paralleling activity is proposed, 120 calendar days after a utility
submits a notification or request required by this section, the utility may
commence with the maintenance, alteration, inspection, repair,
replacement, relocation, operation or removal of the paralleling. In all
other instances, the utility shall be deemed to have authorization to
perform the requested work. A railroad shall not impose additional
requirements on a paralleling located in a public right-of-way.
(i) A natural gas utility or the owner or operator of a pipeline
transporting hazardous liquids shall not be required to install casing unless
required by 49 C.F.R. Part 192, as adopted by K.A.R. 82-11-4 and 29
C.F.R. Part 195.
(j) A railroad may require that any flagging for crossing or
paralleling activities conducted under this act be done by an individual
who is a federally certified conductor, employed or contracted by the
railroad and current on all territorial familiarization requirements as
prescribed by the federal railroad administration of the United States
department of transportation. Such individual shall coordinate the safe
movement of trains where the crossing or paralleling activities are being
performed, including coordination between railroad train dispatching,
on-train operating crews, railroad maintenance-of-way personnel,
railroad signal personnel and the utility personnel, contractors or
agents. Such flagging shall be performed in accordance with any
controlling labor agreements that apply to the railroad. The railroad
shall arrange for such individual to be present at the site to enable the
utility to perform and complete any such activities within {pursuant to} a
reasonable timeline {that is consistent with the utility's proposed timeline
for such activities as specified in the utility's notification or request
provided to the railroad pursuant to this section}.
(k) A utility that is conducting activities in a railroad right-of-way
pursuant to this act shall comply with any applicable federal rail safety
laws and rules and regulations, including, but not limited to, the rail
safety improvement act of 2008 and any rail safety rules and regulations
promulgated by the federal railroad administration of the United States
department of transportation.
Sec. 4. 5. (a) A railroad may require an electric utility to conduct an
inductive interference study if:
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(1) The facility is an electric transmission line of at least 125 kilovolts
and parallel to railroad tracks for distances exceeding 50 yards; and
(2) in accordance with guidelines in the 2023 national electric safety
code and the 2025 manual for railway engineering of the American railway
engineering and maintenance-of-way association, the railroad reasonably
determines that the proposed electric utility facility poses a material
possibility of creating induction issues or interference with railroad
property.
(b) An electric utility shall arrange and pay for the inductive
interference study, for any costs of modifications to the proposed facility
and any costs of modifications to railroad property that are necessary for
the safe and reliable operation of the railroad. The inductive interference
study shall be performed by a qualified engineer approved by the railroad.
(c) If an electric utility conducts an inductive interference study, such
transmission line may not be energized until at least 30 calendar days after
the railroad receives notice from the electric utility that the transmission
line is ready to be energized. Within 30 days of receiving notice that the
transmission line is ready to be energized, the railroad shall conduct any
appropriate tests to ensure that there will not be any interference with safe
operation of the railroad.
Sec. 5. 6. (a) Unless otherwise agreed by the parties, a utility that
crosses or conducts activities on any facility that parallels railroad right-
of-way located anywhere outside of the public right-of-way shall pay the
railroad a one time standard fee of $1,250 as adjusted by subsection (e),
for each crossing or paralleling. Except as otherwise provided in this
section, the standard fee shall be paid in lieu of any license, permit,
application, processing fee or any other fee or charge. Such fee shall
reimburse the railroad for direct expenses incurred by the railroad as a
result of the crossing or paralleling activities. No other fee or charge may
be assessed by the railroad to the utility.
(b) Notwithstanding subsection (a), a utility shall reimburse a railroad
for any verifiable, reasonable and necessary flagging expense associated
with a crossing or paralleling activities, based on the railroad traffic at the
crossing or paralleling. Subject to the provisions of section 3{4}(j), and
amendments thereto, a utility may, at the utility's expense and to the
extent the utility deems necessary, hire flaggers and if so, the utility shall
not be required to reimburse a railroad for duplicative flagging expense.
(c) No standard fee of any kind shall be required or collected if the
crossing or paralleling is located within a public right-of-way.
(d) The standard fee established in subsection (a) shall be inclusive of
all the utility's facilities located within the crossing or paralleling. No
additional fees shall be payable based on the number of conduits, fibers,
wires, lines, pipelines or other items installed by the utility as part of the
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crossing or paralleling.
(e) Annually on May 1, the fee established under subsection (a) shall
be adjusted based on the percentage change in the annual average producer
price index for the preceding year. Each adjustment is effective for
requests submitted on or after June 1 of the year that the fee is adjusted.
The producer price index used shall be the final demand finished consumer
energy goods as prepared by the bureau of labor statistics of the United
States department of labor.
(f) If a railroad alleges a crossing or paralleling activities will cause a
diminution in land value in an amount greater than the fee in subsection (a)
because of special circumstances unique to the crossing or paralleling,
within 30 days of a notice or request from a utility, the railroad shall notify
the utility and provide a certified appraisal demonstrating the diminution
in value of the entire parcel of railroad property caused by the crossing or
paralleling activities. The railroad shall notify the utility and provide
such appraisal within 60 days after receipt of a notice or request from a
utility for any crossing and within 120 days after receipt of a notice or
request from a utility for any paralleling . If the railroad and utility are
unable to resolve the issue of compensation under this subsection, the
dispute shall be resolved in accordance with section 9 10, and amendments
thereto. This subsection shall not be construed to eliminate the right of a
railroad to pursue eminent domain through a proceeding commenced
under K.S.A. 26-501, et seq., and amendments thereto, seeking just
compensation for inverse condemnation if a railroad is still aggrieved after
exhausting all administrative remedies specified in section 9 10 , and
amendments thereto.
(g) The standard fee for a request submitted under section 3 4(b), and
amendments thereto, regarding a crossing or paralleling in existence
before July 1, 2026, shall be the amount established in subsection (a) as
offset and reduced by any prior amount the utility previously remitted to
the railroad for the crossing or paralleling.
Sec. 6. 7. (a) For any utility that crosses or conducts activities on any
facility that parallels a railroad right-of-way located outside of a public
right-of-way, the railroad may require such utility to provide evidence of a
certificate of insurance. Such certificate shall comply with the following
minimum policy:
(1) A municipal utility or municipality shall maintain commercial
general liability insurance or an equivalent form with a limit of at least
$2,000,000 for each occurrence and an aggregate limit of at least
$6,000,000;
(2) a natural gas utility shall maintain commercial general liability
insurance with a combined single limit of at least $5,000,000 for each
occurrence and an aggregate limit of at least $10,000,000; or
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(3) any other utility shall maintain commercial general liability
insurance with a combined single limit of at least $2,000,000 for each
occurrence and an aggregate limit of at least $6,000,000.
(b) The railroad may require the utility to acquire protective liability
insurance with a combined single limit of $2,000,000 for each occurrence
and aggregate limit of at least $6,000,000. The coverage may be provided
by a blanket railroad protective liability insurance policy if the coverage,
including the coverage limits, applies separately to each individual
crossing or paralleling. The coverage shall be required during the period of
placement, laying, construction, maintenance, alteration, inspection,
repair, replacement, protection, relocation or removal of a crossing or
during the period of the maintenance, alteration, inspection, repair,
replacement, relocation, operation or removal of the paralleling. A utility
shall not be required to provide evidence of such coverage in the utility's
notification or request.
(c) The insurance coverage under subsection (a) and (b) shall not
contain an exclusion or limitation related to railroads or to activities
conducted within 50 feet of railroad property.
(d) The certificate of insurance shall be from an insurer of the utility's
choosing.
(e) The insurance obligations required under this section may be
satisfied by the utility using any combination of primary, excess or self
insurance.
Sec. 7. 8. (a) (1) If a railroad objects to a proposed crossing or
paralleling activities due to the proposal impeding railroad operations or
posing undue public safety risks where the crossing or paralleling is
activities are proposed to be located , the railroad shall notify the utility of
the objection and the specific basis for the objection.
(2) The railroad shall notify the utility of any changes to the proposed
crossing or paralleling activities necessary for the railroad to withdraw the
objection. The railroad shall send the notice of objection and any changes
to the utility by certified mail with a return receipt requested.
(3) If the utility agrees to implement the railroad's changes to the
proposed crossing or paralleling activities, the utility may proceed with the
placement, laying, construction, maintenance, alteration, inspection,
repair, replacement, relocation, or removal of the crossing or may proceed
with the maintenance, alteration, inspection, repair, replacement,
relocation, operation or removal of the paralleling after providing notice
to the railroad 15 days before the utility's action.
(b) (1) If a railroad imposes additional requirements on a utility for
crossing or paralleling activities that are proposed to occur in a railroad
right-of-way located outside a public right-of-way, other than requirements
necessary to protect against impeding railroad operations or undue public
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safety risks where the crossing or paralleling is activities are proposed, the
utility may object to any of the requirements. The utility shall provide
notice of the objection and the specific basis for the objection to the
railroad by certified mail with a return receipt requested. If any objections
or proposed changes by a railroad are not mutually resolved by the utility
and railroad, the dispute may be resolved in accordance with section 9 10,
and amendments thereto.
(2) If the utility agrees to implement the railroad's additional
requirements to the proposed crossing or paralleling and provides the
railroad 15-day advance notice, the utility may proceed with the
placement, laying, construction, maintenance, alteration, inspection,
repair, replacement, relocation, or removal of the crossing or may proceed
with the maintenance, alteration, inspection, repair, replacement,
relocation, operation or removal of the paralleling.
Sec. 8. 9. (a) A railroad may require a utility to relocate a crossing or
paralleling if the railroad determines that relocation is essential to
accommodate railroad operations and the relocation is not arbitrary or
unreasonable. Before the relocation, a utility may require a railroad to
provide a statement and supporting documentation identifying the
operational necessity for requesting the relocation. A utility shall perform
the relocation within a reasonable period of time after receiving a request
to relocate from a railroad.
(b) If the crossing or paralleling to be relocated is located within a
public right-of-way and the relocation will be made outside of the public
right-of-way, the relocation shall be performed to a location mutually
agreed upon by the railroad and the utility. Such relocated crossing or
paralleling shall be treated as if the crossing or paralleling were located
within a public right-of-way when applying this act.
(c) Operational relocations performed pursuant to subsection (a) shall
be performed at the utility's expense.
(d) Relocations performed by a natural gas utility shall be deemed a
facility relocation and natural gas utility plant project as such terms are
used in the Kansas gas safety and reliability policy act, K.S.A. 66-2201 et
seq., and amendments thereto.
(e) The crossing or paralleling fee established in section 5 6 , and
amendments thereto, shall not be imposed for any relocation.
(f) Nothing in this section shall be construed to prohibit a railroad
from requesting a utility to relocate the utility's crossing or paralleling for
any other non-operational reason. If a railroad requests a utility to relocate
the utility's crossing or paralleling for a non-operational reason, the
railroad shall provide an alternative location within the railroad's right-of-
way for the relocated crossing or paralleling and reimburse the utility for
the costs of performing the relocation. A utility shall perform the requested
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relocation within a reasonable period of time after receiving a relocation
request from a railroad.
Sec. 9. 10. (a) If the railroad and utility are unable to resolve an
objection pursuant to this act, either party may file a complaint with the
state corporation commission regarding the objection. The complaint shall
be filed within 60 days after receipt of the objection. Before filing a
complaint, the railroad and utility shall make a good faith attempt to
resolve the objection.
(b) If a complaint is filed, the state corporation commission shall
conduct a hearing in accordance with the provisions of the Kansas
administrative procedure act to resolve the objection. The state corporation
commission shall issue an order within 120 days after the filing of the
complaint. The state corporation commission shall assess the costs
associated with a complaint equally among the railroad and utility.
(c) Any order of the state corporation commission pursuant to this
subsection is subject to review in accordance with the Kansas judicial
review act.
Sec. 10. 11. Upon completing the placement, laying, construction,
maintenance, alteration, inspection, repair, replacement, relocation,
operation or removal of a crossing or the maintenance, alteration,
inspection, repair, replacement, relocation, operation or removal of a
paralleling, the utility shall remove or cause to be removed all tools,
equipment or other materials used in performing the work. If railroad
property was moved or disturbed, the utility shall restore such property to
the condition that such property existed before being moved or disturbed.
Sec. 11. 12. (a) A utility may assign or otherwise transfer any rights to
a crossing or paralleling to any other successor utility, including, but not
limited to, any entity that the utility is merged or consolidated with or
acquires ownership or control of substantially all of the assets of the utility.
(b) A utility shall provide notice of the assignment or transfer to the
railroad within 90 days after the assignment or transfer. Failure to provide
such notice shall not invalidate the assignment or transfer.
Sec. 12. 13. (a) A utility shall not create, permit or cause a mechanic's
lien or other lien to be created or enforced against a railroad's property for
any work performed by the utility in connection with the utility's crossing
or paralleling located within the railroad's right-of-way.
(b) A railroad shall not create, permit or cause a mechanic's lien or
other lien to be created or enforced against a utility's property located in
the railroad's right-of-way for any work performed by the railroad in
connection with the railroad's property.
Sec. 13. 14. (a) Nothing in this act shall be construed to prevent a
railroad and a utility from continuing under an existing agreement or from
otherwise negotiating the terms and conditions applicable to a crossing or
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paralleling or resolving any disputes relating to a crossing or paralleling.
(b) Nothing in this act shall be construed to impair the authority of a
utility to secure crossing or paralleling rights by easement through an
exercise of the power of eminent domain.
(c) Notwithstanding subsection (a), in the event an agreement
concerning a crossing or paralleling is terminated or expires, a utility may
continue to operate and maintain the crossing or paralleling in accordance
with this act.
(d) Nothing in this act shall be construed to limit the authority of
municipalities to require a utility to enter into a contract pursuant to any
franchise ordinance.
(e) Nothing in this act shall be construed to expand, diminish or
alter any property right, title or interest held by a railroad with respect to
the railroad right-of-way.
Sec. 14. 15. The provisions of this act are severable. If any portion of
this act is held by a court to be unconstitutional or invalid, or the
application of any portion of this act to any person or circumstance is held
by a court to be unconstitutional or invalid, the invalidity shall not affect
other portions of this act that can be given effect without the invalid
portion or application, and the applicability of such other portions of this
act to any person or circumstance remains valid and enforceable.
Sec. 15. 16. Each railroad and utility shall maintain and repair the
railroad or utility's own respective property located in the railroad right-of-
way and the railroad and utility shall bear responsibility for each entity's
own acts and omissions, except the utility shall be responsible for any
bodily injury or property damage that typically would be covered under a
standard railroad protective liability insurance policy during the period of
placement, laying, construction, maintenance, alteration, inspection,
repair, replacement, protection, relocation or removal of the crossing or
the maintenance, alteration, inspection, repair, replacement, relocation,
operation or removal of the paralleling.
Sec. 16. 17. A utility shall promptly pay or discharge all taxes and
charges levied on the utility's facilities located in a railroad's right-of-way.
If any taxes or charges cannot be separately made or assessed to the utility
but are included in the taxes or charges assessed to the railroad, the utility
shall pay to the railroad an equitable portion of the taxes as determined by
the value of the utility's facilities located on the railroad's right-of-way as
compared to the entire value of the railroad's property.
Sec. 17. 18. This act shall take effect and be in force from and after
its publication in the statute book.
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