CORRECTED
SESSION OF 2020
SUPPLEMENTAL NOTE ON HOUSE SUBSTITUTE FOR
SENATE BILL NO. 173
As Amended by House on Final Action

Brief*
House Sub. for SB 173, as amended, would authorize
and direct the Secretary of Transportation (Secretary) to
initiate a program to be called the Eisenhower Legacy
Transportation Program (Program). The bill would specify the
types of projects authorized, address local funding and new
and continuing grant programs, authorize alternative
procurement methods under certain circumstances, increase
city connecting links payments, add reporting requirements,
require at least $8 million to be spent in each county through
FY 2030, state 16.154 percent of sales tax shall be levied for
the State Highway Fund (SHF), and make additional changes
to law.
The bill would also make technical changes.

Eisenhower Legacy Transportation Program (New
Section 1)
The bill would state the Program shall provide for the
construction, improvement, reconstruction, and maintenance
of the state highway system and provide for selection of
projects that will allow for the flexibility to meet emerging and
economic needs. The bill would state program expenditures
may include, but not be limited to, preservation, preservation
plus, expansion and economic opportunity, and
modernization projects, described below:
____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
● Preservation projects. The bill would require the
Secretary to establish targets for state highway
system condition that reflect reasonable, realistic
expectations and use reasonable, sound, and
accepted methods to determine the annual
preservation investment needed to achieve such
state targets and long-term cost effectiveness. The
bill would state it is the intent of the Legislature that
the Secretary shall spend from the SHF an amount
equal to or exceeding ten times the determined
average annual preservation investment prior to
completion of the program. The bill would require
the Secretary to manage cash-flow and project
lettings to provide reasonable assurance that
preservation will be fully funded each year. For this
purpose, the bill would specify “preservation
projects” refers to maintenance, repairs, or
replacement of existing infrastructure;
● Preservation plus projects. The bill would authorize
safety or technology elements to be added in a
preservation plus project. The bill would state such
elements may include, but not be limited to, adding
paved shoulders, passing lanes, traffic signals, or
intelligent transportation system elements or laying
broadband fiber or the conduit for broadband fiber.
The bill would state it is the intent of the Legislature
that the Secretary has the authority to enhance
preservation plus projects by adding safety or
technology improvements, or both;
● Expansion and economic opportunity projects. The
bill would authorize expansion and economic
opportunity projects, or that improve access,
relieve congestion, and enhance economic
development opportunities, to be selected using
criteria determined by the Kansas Department of
Transportation (KDOT) that include, but are not
limited to, engineering and traffic data, local

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 consultation, geographic distribution, and an
economic impact analysis evaluation; and
● Modernization projects. The bill would authorize
modernization projects to improve safety, condition,
or service of the highway system (e.g., widening
lanes or shoulders and building rail grade
separations). Those projects would be selected
using KDOT criteria to include, but not be limited
to, engineering data, local consultation, and
geographic distribution.
The bill would require KDOT to develop criteria for the
incorporation of practical improvements into project designs.
Previously Selected Projects
The bill would require the Program to provide for the
completion of modernization and expansion projects selected
for construction under the Transportation Works for Kansas
Program (T-Works) [KSA 68-2314b] and that those projects
be let prior to July 1, 2022. The bill would require the
Secretary to let to construction contract the remaining T-
Works projects before any modernization or expansion
project, or both, under the Program is let to construction. The
bill would allow completing a reconstruction of an interchange
at I-135 and 36th Street in Harvey County to be optional. If
that project is not constructed, the bill would require the
estimated construction costs for that project to be used on
other construction projects in KDOT’s south central district.
Local Programs
The bill would require the Program to provide for
assistance, including credit and credit enhancements, to
cities and counties in meeting their responsibilities for
transportation improvements. The bill would state such
programs may use criteria developed by KDOT for the
incorporation of practical improvements into project designs.

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These expenditures could be made for purposes including,
but not limited to, the following:
● Apportionment of the Special City and County
Highway Fund to assist with their responsibilities
for roads and bridges not on the state highway
system;
● Sharing federal aid with cities and counties to
assist with their responsibilities for roads and
bridges not on the state highway system;
● Programs to assist cities with city connecting links
and local partnership programs to resurface or
geometrically improve city connecting links or to
promote economic development;
● Programs similar to KDOT’s local bridge
improvement program, to replace or repair bridges
not on the state highway system;
● Programs to assist cities and counties with railroad
crossings of roads not on the state highway
system; or
● Programs that allow local governments to
exchange federal aid funds for state funds.
Transportation Other than Construction of Roads and Bridges
The bill would require the Program to provide for the
following types of programs in accordance with new or
continuing law:
● A railroad program for the preservation and
revitalization of rail service in the state;
● An aviation program to provide assistance for the
planning, constructing, reconstructing, or

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 rehabilitating the facilities of public use general
aviation airports;
● Public transit programs to aid elderly persons,
persons with disabilities, and the general public;
● A transportation technology program to provide for
multimodal transportation-related projects that
support innovative technology; and
● A multimodal program to provide improvement
assistance for bike facilities, pedestrian facilities, or
other transportation-sensitive economic
opportunities on a local or a regional basis.
Project Delivery
The bill would state the program shall allow the
Secretary to award certain state highway system projects
using delivery procurement methods other than design-bid-
build. [Note: Alternative project delivery is further discussed in
Section 4.]
Broadband
The bill would state the Program shall provide for a
broadband infrastructure construction program. [Note:
Broadband construction is further discussed in Section 3.]
Uses of Certain Revenues
The bill would require SHF revenues, which include
motor fuel taxes, vehicle registration fees, sales and
compensating use taxes, and eligible federal aid, to be used
in the following order of priority:
● To pay bond obligations;
● To pay for agency operations;

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 ● To make city connecting link payments;
● To pay for needed preservation projects; and
● Pursuant to other purposes and authority given to
the Secretary.
The bill would require new bonds issued for the
purposes of the Program to be paid using all SHF revenue,
including sales or compensating use tax revenues.
Project Selection
The bill would require the Secretary to determine the
projects to be selected, using KDOT selection methods and
criteria. The bill would state consideration may be given to
additional criteria that could include projects that remove
transportation infrastructure from the state highway system,
identify priority corridors, include local monetary participation,
or reduce project size.
The bill would state legislative intent for the Secretary to
develop a metric-driven process that determines a
reasonable and fair minimum amount of SHF moneys to be
spent on new modernization and expansion projects in each
of the six KDOT districts over the duration of the Program.
The bill would require the process for determining the
minimum amount for each district to be subject to the
following limits:
● The minimum amount for each district added
together must total at least 50 percent of the
estimated cost of constructing all modernization
and expansion projects let to contract in the
Program;
● If the estimated cost of constructing all Program
modernization and expansion projects increases or
decreases by more than 10 percent, the minimum
amount must be adjusted;
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 ● At least 40 percent of the minimum amount or
adjusted minimum amount for each district must be
let to construction contract by year 5 of the
Program and 100 percent of the minimum amount
by year 10; and
● T-Works projects are not to be considered when
determining the minimum amounts.
The bill would require the Secretary to select projects for
development every two years but would not require the
Secretary to construct every project selected for
development. The bill would require project selection after
consultation with local jurisdictions.
The bill would state it is the intent of the Legislature that
the Secretary take the actions necessary to have
transportation improvement projects ready to let to
construction as cash-flow management allows.
Long-range Planning
The bill would require the Secretary to develop a long-
range transportation plan before June 30, 2030, to include
recommendations for a new transportation program for the
state. The bill would require the plan to examine, but not be
limited to, project selection criteria and selection methods
used in the Program, transportation funding sources, and
Program project categories. The bill would state the plan shall
be developed after consultation with the Governor and state
and local elected officials.

Innovative Technologies Grants (New Section 2)
The bill would authorize the Secretary to participate in or
make grants for projects to plan, assess, and field new
capabilities and innovative technologies for modes of
transportation including, but not limited to, aviation and
highway transportation. The bill would state the new
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capabilities should represent increased efficiency for state
operations, public cost savings, increased safety, or
economic development.
The bill would establish the Transportation Technology
Development Fund, which the bill would require to be used to
provide assistance with the planning, assessment, and
fielding of new capabilities for all modes of transportation
including, but not limited to, aviation and highway
transportation. Expenditures from this fund would be made in
accordance with the provisions of appropriations acts. The bill
would state grants made by the Secretary from this fund
would be upon such terms and conditions as the Secretary
may deem appropriate.
The bill would require the Director of Accounts and
Reports to transfer $2.0 million from the SHF to the
Transportation Technology Development Fund on July 1,
2020, and each July 1 thereafter, through July 1, 2030. The
Secretary would be authorized to transfer additional moneys
between the Transportation Technology Development Fund
and the SHF.

Broadband Grants (New Section 3)
The bill would authorize the Secretary, working jointly
with the Office of Broadband Development within the
Department of Commerce, to make grants for construction
projects that expand and improve broadband service in
Kansas. The bill would require grants made by the Secretary
to reimburse grant recipients for up to 50 percent of actual
construction costs in expanding and improving broadband
service. Such grant reimbursements would be upon the terms
and conditions the Secretary deems appropriate, in
coordination with the Secretary of Commerce.
The bill would establish the Broadband Infrastructure
Construction Grant Fund, to be used to provide grants for the
expansion of broadband service in Kansas. Expenditures
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from this fund would be made in accordance with the
provisions of appropriations acts. The bill would require the
Director of Accounts and Reports to transfer $5.0 million from
the SHF to the Broadband Infrastructure Construction Grant
Fund on July 1, 2020, 2021, and 2022. On July 1, 2023, and
each July 1 thereafter, through July 1, 2030, the bill would
require the transfer to be $10.0 million. The bill would
authorize the Secretary to notify the Director of Accounts and
Reports to transfer all remaining and unencumbered funds
from the Broadband Infrastructure Construction Grant Fund to
the SHF at the end of each fiscal year.

Alternative Procurement (New Section 4)
The bill would authorize the Secretary to use
procurement methods other than a design-bid-build contract
to the lowest bidder if such methods are a condition of
projects obtained through federal grants.
The bill would require KDOT to develop and utilize
criteria for selecting whether alternative delivery or design-
bid-build procurement is in the best interest of the state. The
bill would require the selection criteria to include, but not be
limited to, the need for an accelerated schedule, safety
needs, project complexity, opportunity for innovation, and
economic development. The bill would prohibit any project to
be selected for alternative delivery without having been
evaluated under the KDOT selection criteria.
The bill would require KDOT to develop and utilize
procedures for advertising, receiving, and evaluating
proposals; awarding contracts; and administering contracts in
its alternative delivery procurement program. The bill would
specify procurement procedures in continuing law (on topics
including notification, letting to the lowest responsible bidder,
negotiations with the contracting firm, and project
descriptions) would not apply to alternative delivery projects.


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 The bill would require the alternative delivery procedures
to include the following:
● A two-phase best value competitive selection or
contracting process including a first-phase short list
of no more than four proposers identified using a
request for qualifications and a second phase of
submission of price, technical proposals, or both in
response to a request for proposals;
● Advertisement of requests for qualifications in the
Kansas Register for at least three consecutive
weeks;
● Prequalification of contractors by the Secretary in
accordance with statutes, regulations, and KDOT
procedures governing prequalification and
licensing;
● A bond for performance and payment or alternative
security guaranteeing contract performance and
payment obligations for supplies, materials, and
labor; and
● A requirement that firms and key personnel
identified in the qualifications phase and scored to
determine the short list may not be replaced during
the project without KDOT’s written approval.
The bill would state a contracting entity selected for an
alternative delivery project shall not be in violation of laws
governing technical professions and the contract shall not be
void if such contractor obtains professional services by
subcontracting with an entity or entities licensed or holding a
certificate of authorization to perform professional services in
accordance with laws governing technical professions.
The bill would state a contracting entity selected for an
alternative delivery project that is responsible for preparing or
furnishing design plans and specifications, through its own

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organization or by subcontracting, shall be liable for damages
arising from design defects in the plans and specifications
that result in injury to persons or damage to property
occurring after completion of the contract and KDOT
acceptance of the project. The bill would state that would be
the case if and to the extent such injury or damage arises
fro