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Session of 2025
SENATE BILL No. 57
By Committee on Utilities
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AN ACT concerning roads and highways; relating to orders to modify or
relocate communications or video service facilities for certain road and
highway projects; requiring certain state agencies, counties, cities and
political subdivisions to reimburse the owner or operator of any such
facilities for the costs associated with modifying or relocating such
facilities pursuant to any such order; amending K.S.A. 68-402b, 68-415
and 68-2005 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 68-402b is hereby amended to read as follows: 68-
402b. (a) Authority is hereby granted to (1) Counties, cities and political
subdivisions in this state to may enter into contracts through or with the
secretary of transportation, to enable the state and such counties, cities and
political subdivisions to participate in the benefits to be secured from
federal-aid funds, or funds made available from the federal government for
highway, road or street purposes or for purposes relating to the various
other modes and systems of transportation. Contracts so entered into by
the boards of county commissioners or the governing bodies of cities or
other political subdivisions shall be binding on them or their successors
such boards or governing bodies or any such successors . The secretary of
transportation may negotiate and enter into contracts with the federal
government, federal departments or federal agencies and take all steps and
proceedings necessary to secure such benefits for such counties, cities or
other political subdivisions.
(2) The secretary of transportation may determine amounts to be paid
from the state highway fund on account of any federal-aid project on the
highway system in any county, city or other political subdivision
constructed under the provisions of the federal-aid highway act of 1956, or
prior federal-aid acts, and all acts amendatory thereof or supplemental
thereto, or federal acts relating to the various other modes and systems of
transportation, and approve vouchers therefor. The counties' share of the
cost of all such contracts so entered into by them such counties under the
federal-aid highway act of 1956, or prior federal aid acts, and all acts
amendatory thereof or supplemental thereto, and federal acts relating to
other modes and systems of transportation shall be paid by the proper
county from the road and bridge fund of such county , or from any special
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fund available for such purpose.
(3) Federal aid for county major collector roads or other federal aid
classified routes shall be allocated by the secretary of transportation to
each of the several counties in the proportion that the total gross amount of
moneys received by each county from the special city and county highway
fund and the county equalization and adjustment fund in the preceding
calendar year prior to distribution of any such moneys bears to the total
amount of moneys received by all counties from such fund in such year. If
any county does not provide matching funds for federal aid allocated to
such county, then the secretary of transportation may allocate such federal-
aid funds to other counties or to the state highway system , and the
secretary may accumulate any federal-aid moneys allocated to any or all
counties over such period of time as the secretary deems necessary. Also
The secretary may allow an advanced allocation of federal-aid funds to
any county which that establishes a need for additional federal-aid funds.
Any such advanced allocation shall be made from accumulated federal-aid
funds. Such federal-aid advanced allocations shall be credited back to such
accumulated federal-aid funds if, or when, federal-aid funds are
subsequently allocated to the counties that have received such advance
allocations.
(b) In addition to the powers granted by subsection (a), The secretary
may negotiate and enter into contracts with the federal government, federal
departments, federal agencies or any other entity and may pledge any
federal -aid funds or other funds made available from the federal
government for that or any other highway, road or street purposes within
the state to repay funds which were advanced by counties, cities or
political subdivisions of this state for highway, road or street purposes
pursuant to the approval of the secretary of transportation.
(c) To the extent any county, city or political subdivision of this state
enters into or is the beneficiary of a contract authorized by subsection (a)
or (b), the funds made available pursuant to such contract shall include
sufficient funds to pay for the cost of any modification or relocation of
communications facilities. After modifying or relocating any such
facilities, the owner or operator of the communications facilities shall
submit to the relevant county, city or political subdivision, or to the
secretary of transportation, a description of the costs incurred by such
entity and a request for reimbursement of such costs. Within 90 days
following receipt of a request for reimbursement pursuant to this
subsection, the relevant county, city or political subdivision, or the
secretary of transportation, shall authorize and make such reimbursement
payment to the requesting entity. Notwithstanding any provision of law, or
any rule, permit, agreement, franchise or other authorization, to the
contrary, the provisions of this section shall apply to all projects funded
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pursuant to any contract authorized pursuant to subsection (a) or (b).
(d) As used in this section, "communications facilities" means
facilities owned or operated by any telecommunications provider, video
service provider, as defined in K.S.A. 12-2022, and amendments thereto,
or provider of broadband internet access service, as defined in 47 C.F .R. §
8.1.
Sec. 2. K.S.A. 68-415 is hereby amended to read as follows: 68-415.
(a) (1) Whenever any person, firm or any corporation entity created for the
purpose of constructing and maintaining magnetic telegraph or telephone
lines or other telecommunication facilities or for the purpose of
constructing and maintaining communications facilities as defined in
K.S.A. 68-402b(d), and amendments thereto, lines for the transmission of
electric current or for the purpose of transporting pipelines that transport
oil or, gas or water by pipelines, or municipal corporations, shall construct
or maintain any facilities along, upon or across any state highway,
including any poles, wires, piers, abutments, pipelines or other fixtures
along, upon or across any state highway , such poles, wires, piers,
abutments, pipelines and other fixtures facilities shall be located upon that
part of the right-of-way of the state highway designated by the secretary of
transportation. The secretary of transportation may require order the
removal modification or relocation of such poles, piers, abutments, wires
and pipelines and other fixtures facilities upon state highways from any
location on the state highways to such part of the right-of-way of the state
highways as the secretary of transportation shall designate, and.
(2) If such person, firm or corporation entity, upon receiving notice of
the requirement of an order from the secretary of transportation that such
poles, piers, abutments, wires, pipelines or other fixtures facilities shall be
moved modified or relocated , fails to comply with any such requirement
order, the secretary of transportation may remove modify or relocate such
poles, piers, abutments, wires, pipelines and other fixtures facilities to such
place on the right-of-way of the state highways as may be designated by
the secretary of transportation , and. The cost of any such removal
modification or relocation shall be paid to the secretary of transportation
by such person, firm or corporation entity upon a statement of such cost
being furnished to such person, firm or corporation entity . If any such
person, firm or corporation entity refuses to pay the charges such cost, the
secretary of transportation shall notify the attorney general , who shall
bring suit against such person, firm or corporation entity in the name of the
state to recover the amount. Any amounts received from any such persons,
firms or corporations entity shall be deposited in the state treasury and
credited to the fund from which the cost of such removal was paid.
(b) In addition to the powers provided in subsection (a), The secretary
may advance moneys to a public utility or any entity described in
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subsection (a) when the utilities, structures or facilities of such public
utility or entity are being moved, modified or relocated and in the
secretary's opinion secretary determines that the expeditious movement,
modification or relocation of any such utilities, structures or facilities ,
from current or proposed highway right-of-way, is necessitated by a
current or proposed highway project. The secretary shall not advance
moneys to a public utility or any such entity, unless such public utility or
entity can demonstrate a financial need for the advancement of such
moneys.
The secretary shall not advance moneys in excess of $20,000, per
project, to any one public utility or entity. Such public utility or entity
advanced money by the secretary shall pay interest upon such money at
the rate of interest equal to the average yield before taxes received on 91-
day United States treasury bills as determined by the federal reserve banks
as fiscal agents of the United States at its most recent public offering of
such bills prior to the date of the advancement of such money. The term
for the repayment of such money by such public utility or entity shall not
exceed 60 months.
Nothing in this subsection shall give any public utility or entity any
standing on rights of compensation not currently available under law, and
all such payments are deemed a matter of legislative policy to rest solely
within the discretion of the secretary of transportation for the purpose of
expediting the construction, reconstruction or maintenance of the state
highway system.
(c) Any entity that modifies or relocates any facilities pursuant to an
order from the secretary pursuant to subsection (a) shall be entitled to
reimbursement from the secretary for the costs incurred by such entity to
complete such modification or relocation, except that an entity shall not be
entitled to receive reimbursement for any costs that were paid with moneys
advanced by the secretary pursuant to subsection (b). After modifying or
relocating any such facilities, the entity shall submit to the secretary of
transportation a description of the costs incurred by such entity and a
request for reimbursement of such costs. Within 90 days following receipt
of a request for reimbursement, the secretary of transportation shall
authorize and make such reimbursement payment to the requesting entity.
Notwithstanding any provision of law, or any rule, permit, agreement,
franchise or other authorization, to the contrary, the provisions of this
section shall apply to all highway projects, including any highway projects
currently in progress, whether funded by state or federal moneys.
(d) The secretary of transportation shall adopt rules and regulations
establishing the procedure and criteria for the advancement and
reimbursement of moneys under the provisions of this subsection.
(c)(e) (1) Notwithstanding the provisions of subsection (a), any rural
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water district created under the provisions of K.S.A. 82a-612 et seq., and
amendments thereto, or any public wholesale water supply district created
pursuant to K.S.A. 19-3545 et seq., and amendments thereto, which that,
after excluding such water lines that cross a highway, has 90% or more of
its remaining water lines on private right-of-way and is required to relocate
such district's water lines in accordance with subsection (a):
(1)(A) Shall be reimbursed for such district's costs for relocating such
water lines; or
(2)(B) if the secretary of transportation relocates the district's water
lines, such district shall not be required to reimburse the secretary of
transportation the costs for relocating such water lines.
(2) The provisions of this subsection shall apply to all state highway
funded projects, including any highway projects currently in progress.
Sec. 3. K.S.A. 68-2005 is hereby amended to read as follows: 68-
2005. (a) The authority shall have power to construct grade separations at
intersections of any turnpike project with public highways and to change
and adjust the lines and grades of such highways so as to accommodate the
same to the design of such grade separation. The cost of such grade
separations and any damage incurred in changing and adjusting the lines
and grades of such highways shall be ascertained and paid by the authority
as a part of the cost of such turnpike project.
(b) If the authority shall find it necessary to change the location of
any portion of any public highway, it shall cause the same to be
reconstructed at such location as the authority shall deem most favorable
and of substantially the same type and in as good condition as the original
highway. The cost of such reconstruction and any damage incurred in
changing the location of any such highway shall be ascertained and paid
by the authority as a part of the cost of such turnpike project : Provided,.
The authority shall not change the location of any portion of a public
highway which that is a part of the state highway system without the
approval of the secretary of transportation.
(c) Any public highway affected by the construction of any turnpike
project may be vacated or relocated by the authority in the manner now
provided by law for the vacation or relocation of public roads, and any
damages awarded on account thereof shall be paid by the authority as a
part of the cost of such project.
(d) In addition to the foregoing powers, the authority and its the
authority's authorized agents and employees may enter upon any lands,
waters and premises in the state for the purpose of making surveys,
soundings, drillings and examinations as they the authority may deem
necessary or convenient for the purposes of this act, and such entry shall
not be deemed a trespass , nor shall an entry for such purposes be deemed
an entry under any pending condemnation proceedings which may be then
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pending. The authority shall make reimbursement for any actual damage
resulting to such lands, waters and premises as a result of such activities.
(e) The authority shall also have power to may make reasonable
regulations for the installation, construction, maintenance, repair, renewal,
relocation and removal of any facilities, including any tracks, pipes, mains,
conduits, cables, wires, towers, poles and other equipment and appliances
(herein called "transmission facilities") of any video service provider, as
defined in K.S.A. 12-2022, and amendments thereto, provider of
broadband internet access service, as defined in 47 C.F .R. § 8.1, public
utility, pipeline company or pipeline operator located in, on, along, over or
under any turnpike project. Whenever the authority shall determine that it
is necessary that any such transmission facilities which now are, or
hereafter may be, located in, on, along, over or under any turnpike project,
should be relocated in such turnpike project, or should be removed from
such turnpike project, the owner or operator of such facilities shall relocate
or remove the same such facilities in accordance with the order of the
authority: Provided, however, That . The cost and expenses of such
relocation or removal, including the cost of installing such facilities in a
new location or new locations , and the cost of any lands, or any rights or
interests in lands, and any other rights, acquired to accomplish such
relocation or removal, shall be ascertained and paid by the authority as a
part of the cost of such turnpike project. In case of After any such
relocation or removal of facilities, the owner or operator of the same, their
and any such successors or assigns , may maintain and operate such
facilities, with the necessary appurtenances, in the new location or new
locations, for as long a period, and upon the same terms and conditions , as
they such owner or operator had the right to maintain and operate such
facilities in their former location or locations prior to the relocation or
removal.
(f) The authority shall also have power to may enter into contracts
with any landowners for the construction and maintenance of underpasses
and bridges under and across any turnpike project running across or
through such landowner's land.
(g) The state hereby consents to the use of all lands owned by it,
including lands lying under water, which are deemed by the authority to be
necessary for the construction or operation of any turnpike project.
Sec. 4. K.S.A. 68-402b, 68-415 and 68-2005 are hereby repealed.
Sec. 5. This act shall take effect and be in force from and after its
publication in the statute book.
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