Bill > SB439

This bill, known as the Utility Railroad Crossing Act, establishes a standardized process for utilities to interact with railroad rights-of-way, which are the lands owned or operated by a railroad for its operations. It defines key terms like "crossing" (a utility facility over, across, or under a railroad's land, but not running alongside it for extended distances) and "facility" (any property owned by a utility used for transporting water, sewage, communications, energy, oil, gas, or hazardous liquids). The act requires utilities to provide advance notice to railroads before constructing, maintaining, or altering utility facilities that cross or run alongside railroad property, with specific requirements for engineering designs and correspondence details. For facilities outside of public rights-of-way, utilities must also submit a formal application, pay a standard fee of $1,250 (adjusted annually for inflation), and provide proof of insurance, with specific coverage amounts depending on the type of utility. The bill outlines exceptions for minor activities, emergency repairs, and certain leak surveys, and it allows railroads to object to proposed crossings if they impede operations or pose safety risks, with disputes ultimately resolvable by the state corporation commission. It also addresses situations where railroads may require utilities to relocate facilities for operational needs, generally at the utility's expense, and clarifies that existing agreements can continue or be renegotiated, while also preserving a utility's right to acquire crossing rights through eminent domain.

Budget and Finance, Transportation and Infrastructure

Utilities (Senate)

https://kslegislature.gov/li/b2025_26/measures/sb439/