The Chair opened discussion on SB 439.
Jessie Pringle, Assistant Revisor, Office of Revisor of Statutes, provided an overview of the bill and stood for questions (Attachment 1).
Patrick Volgelsberg, Manager of Government Affairs, Kansas Gas Service, testified in support of SB 439 and stood for questions (Attachment 2). He said this bill establishes a clear statewide process for governing how utilities cross or parallel railroad right-of-ways. The bill would provide a consistent notice and approval framework. The bill is designed to protect railroad safety and operations while ensuring essential public utility infrastructure can be built.
Erik Sartorius, Executive Director, Communications Coalition of Kansas testified in support of SB 439 and stood for questions (Attachment 3). He stated this is a prevalent issue that needs to be addressed and consistent rules need to be available to everyone.
Michael Gillaspie, Director Governmental Relations, ONEOK, testified in support of SB 439 and stood for questions (Attachment 4). He shared that ONEOK has over 600,000 miles of pipe across Kansas and this needs to happen to keep businesses moving and growing. There are not alternative routes that can be taken. They need standard procedures and timelines in place to make sure a project happens.
Whitney Damron, Legislative Liaison, Southern Star Central Gas Pipeline, testified in support of SB 439 and stood for questions (Attachment 5). Mr. Damron stated that the process needs some uniformity and that the exorbitant costs do not make any sense.
Reagan McCloud, Director of Government Relations, Kansas Electric Cooperatives testified in support of SB 439 and stood for questions (Attachment 6). He supported the need for consistency, set deadlines, and standardization of fees, so that permits can be issued without costly delays.
Jade Piros de Carvalho, Government Affairs, IdeaTek, testified in support of SB 439 and stood for questions (Attachment 7). She explained that public tax dollars have had to pay for the use of the public right-of-way for a community project that was for the public good.
Steve Cowen, Government Affairs Manager, Black Hills Energy, testified in support of SB 439 and stood for questions (Attachment 8). Mr. Cowen stated that Kansas needs a uniformed statewide process with clear time frames and defined fees.
Jim Hild, Director of Utilities and Contracts, Real Estate, Union Pacific Railroad, testified in opposition to SB 439 and stood for questions (Attachment 9). Mr. Hild stated that this bill contains provisions that raise serious operational safety and regulatory compliance risks for railroads. He said that most requests were handled within 30 to 40 days.
Ty Dragoo, Director and Chairman, Sheet Metal Air Rail and Transportation Workers (SMART), testified in opposition to SB 439 and stood for questions (Attachment 10). He stated that they were concerned with the safety of the railroad workers without a prepared plan in place. He also expressed that the Kansas Department of Transportation would be the better organization to monitor this than the Kansas Corporation Commission.
Melissa Cannon, Manager of Real Estate, BNSF Railroad, testified in opposition to SB 439 and stood for questions (Attachment 11). She stated that safety was their number one concern and that this bill would undermine their right-of-way policy, which is available on their website.
WRITTEN ONLY TESTIMONY:
Patrick Parke, Midwest Energy (Attachment 12).
Darin Miller, AT&T Kansas (Attachment 13).
Mike Karbo, American Petroleum Institute (Attachment 14).
Greg DuMars, Kansas Municipal Utilities (Attachment 15).
Bart Armstrong, Atmos Energy (Attachment 16).
Joseph Astrab, Citizens' Utility Ratepayer Board (Attachment 17).
The Chair closed the hearing on SB 439.
Meeting adjourned at 2:28 p.m.