The Chair opened the hearing on SB439.

Jessie Pringle, Assistant Revisor, Office of Revisor of Statutes, provided a briefing on SB439. This bill would enact the utility railroad crossing act and establish a process and limitation for utilities to interact with railroad right-of-way.  (Attachment 4)

Patrick Vogelsberg brought proponent testimony to the committee stating that the bill would establish a comprehensive overall framework for coordination between routine utilities crossings  and railroad crossings ensuring a reliable and sufficient use of energy in our state.  (Attachment 5)

Mike Gillespie, gave proponent testimony to the committee that while ONEOK owns and operates one of the nations premier energy infrastructure systems, it is important to acknowledge the importance of the country's rail systems to address legislative concerns regarding the permitting process for critical infrastructure projects that will help railroads, by providing specific timelines and energy use in the state and the nation. (Attachment 6)

Whitney Damron, gave support to SB439 that entering the public right of way is not intended to provide a revenue stream for the railroad, but merely a compensation for service and safety matters.  The bill will bring a continuity to the right of way permitting process by implementing reasonable guidelines and fees, expediting infrastructure work, and protect the safety for everyone.  (Attachment 7)

Erik Sartorious gave supporting testimony to the bill  in that it would bring common sense requirements by: 1. requiring a utility to make application with the railroad 30 days prior to when they intend to proceed with work, 2. requiring the railroad to reply within 15 days of application the process if more information is required in the process, 3. allowing utility work to proceed within 30 days unless notified by the railroad, 4. create a one time, standard fee of $1,250 for access outside the public right of way and 5. clarify insurance requirements that are necessary.(Attachment 8)

Written proponent testimony was provided by:

Patrick Parke, CEO, Midwest Energy (Attachment 9)

Steven Cowen, Governmental Affairs Manager,  Black Hills Energy (Attachment 10)

Mike Karbo, Regional Director for  American Petroleum Institute (API) (Attachment 11)

Darin Miller, Vice President, AT&T (Attachment 12)

Neutral written testimony was given by Reagan McCloud, Director of Government Relations, Kansas Electric Cooperatives Inc. (Attachment 13)

Tom Bruno submitted oral opponent testimony to the committee in that the bill raises concerns of railroad safety, private property rights that include railroad right-of-way crossings, and longitudinal or paralleling placement of infrastructure that run along the railroad corridor rather than crossing it.(Attachment 14)

David Powell and Cary Hutchings both gave oral opposition from the same written testimony presented to the committee.(Attachment 15) 

David expressed the concern that SB439 circumvents exclusive federal control of railroad safety and operations. The bill violates preexisting Kansas laws that railroad use should be protected in the private property rights and operations of the railroad use on that property. Cary addressed issues of railroad safety, operation and property concerns that are paramount for BNSF and the operation of a 32,500 mile rail network, that in 2023 posted the lowest injury frequency rate in 175 years of the company.

Jim Hild, gave opposing testimony to SB439 that would create serious operational, safety, engineering and legal problems. He states that railroads are not structured, engineered , or regulated for this type of right-of-way corridor sharing.  Paralleling within railroad right of ways without railroad's full consent is not just impractical, it is also unsafe.  (Attachment 16)

Laura McNichol presented virtual opponent testimony that the legislation in SB439 would put private railroad property at an increasing risk and endangerment of railroad team members, utility contractor and the public.  (Attachment 17)

Ross Lane gave virtual opponent testimony to the bill that safety is the highest priority of the railroad and for over one hundred years, railroads and utilities have successfully negotiated crossing agreements that balance the needs of both parties as every crossing and right of way is unique.  (Attachment 18)

Written only opponent testimony was given by:

Ty Dragoo, Director & Chairman of SMART Kansas Legislative  (Attachment 19)

Jeff VanSchaick, Cimarron Valley Railraod,Senior Vice President - External Affairs (Attachment 20)

Ian Jeffries, Pres & CEO, Association of American Railroads  (Attachment 21)

The Chair closed the hearing on SB439.

The meeting adjourned at 3:15 P.M.