SESSION OF 2019
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2373
As Amended by House Committee on
Transportation

Brief*
HB 2373, as amended, would authorize and direct the
Secretary of Transportation (Secretary) to initiate a program
to be called the Transportation Planning Program (TPP). It
also would require modernization or expansion projects
announced under the Transportation Works for Kansas
Program (T-Works) be let before construction begins on any
new modernization or expansion projects and $8.0 million be
spent or committed to be spent in each county over ten years
starting in 2020.

Transportation Planning Program (Section 1)
The bill would authorize and direct the Secretary to
initiate the TPP in order to plan, develop, and operate or
coordinate the development and operation of the various
modes and systems of transportation within the state. [Note:
Many of the provisions of the TPP would be the same as
those of T-Works, in KSA 68-2314b. Differences from T-
Works are noted in the Background section.]
The bill would require the TPP to provide for the
construction, improvement, reconstruction, and maintenance
of the state highway system and for project selection that
would allow the flexibility to meet emerging and economic
needs. TPP expenditures could be made for purposes
including, but not limited to, the following:
____________________
*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 to maintain or improve
bridges and pavement condition in its original or
improved condition. The bill would express
legislative intent that bridges and pavement
condition be maintained or improved at both the
surface and subsurface levels, as determined by
Kansas Department of Transportation (KDOT)
performance measures;
● Expansion and economic opportunity projects,
selected using criteria determined by KDOT that
include, but are not limited to, engineering and
traffic data, local consultation, geographic
distribution, and an economic impact analysis
evaluation; and
● Modernization projects (such as widening lanes or
shoulders and building rail grade separations),
selected using KDOT criteria that include, but are
not limited to, engineering data, local consultation,
and geographic distribution.
The bill would require KDOT to develop criteria for the
incorporation of practical improvements into designs of those
projects. The bill would require the Secretary to determine the
projects to be included and that consideration be given to
additional selection criteria that could include projects that
remove transportation infrastructure from the state highway
system, identify priority corridors, or include local
participation.
Local programs. The bill would require the TPP to
provide for assistance, including credit and credit
enhancements, to cities and counties in meeting their
responsibilities for roads and bridges not on the state system.
These expenditures could be made for purposes including,
but not limited to, the following:
● Apportionment of the Special City and County
Highway Fund;
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 ● Sharing federal aid with cities and counties;
● Aid for replacing or repairing bridges not on the
state highway system;
● Programs to assist cities and counties with railroad
crossings and city connecting links;
● Local partnership programs to resurface or
geometrically improve city connecting links or to
promote economic development; or
● Programs to allow local governments to exchange
federal aid funds for state funds.
Other programs. The bill would require programs within
the TPP to preserve and improve freight and passenger rail
service in the state; assist with planning, constructing,
reconstructing, or rehabilitating the facilities of public use
general aviation airports; provide for public transit programs;
increase KDOT’s participation in other modes of
transportation, which could include bicycle and pedestrian
transportation in rural and urban areas; and to study the
feasibility and implementation of emerging technologies,
including, but not limited to, autonomous vehicles, connected
vehicles, in-vehicle technology, traffic management systems,
or broadband infrastructure across the state highway system.
The bill also would require the TPP provide for a multimodal
economic development program to assist with transportation-
sensitive economic opportunities on a local or regional basis.
The bill would make conforming technical changes to
reference provisions of Section 1. (Sections 3 and 4)

Modernization or Expansion Projects from T-Works
(Section 2)
The bill would require modernization or expansion
projects authorized under the TPP not begin construction until

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all delayed T-Works projects have been let, unless non-state
moneys become available for any economic opportunity or
emerging needs transportation projects. The bill would
require KDOT to consult with local public authorities
regarding the T-Works projects before completing any of the
delayed projects, to determine that such delayed projects
continue to be a priority for the local community. The bill
would state nothing in this section or Section 1 should be
construed to prevent KDOT from planning future
modernization or expansion projects.

$8 Million Promise (Section 5)
The bill would require the Secretary to expend or commit
to expend at least $8.0 million in each county from the
revenue provided for the TPP for projects or programs
authorized under Section 1 between July 1, 2020, and June
30, 2030. These provisions would become effective July 1,
2020.

Background
The bill was introduced by the House Committee on
Appropriations at the request of Representative Proehl. It
addresses multiple recommendations of the Joint Legislative
Transportation Vision Task Force (Task Force).
At the House Committee on Transportation hearing,
proponent testimony was provided by the Acting Secretary of
Transportation and representatives of the American Council
of Engineering Companies of Kansas, Greater Kansas City
Chamber of Commerce, Kansas Association of Counties,
Kansas Contractors Association, Kansas Society of
Professional Engineers, League of Kansas Municipalities,
and Wichita Regional Chamber of Commerce. Written-only
proponent testimony was provided by METL – The Chambers
of Commerce of Manhattan, Emporia, Topeka, and Lawrence
and by representatives of Ash Grove Cement Company,

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Kansas Aggregate Association/ Kansas Ready Mixed
Concrete Association, Olathe Chamber of Commerce,
Overland Park Chamber of Commerce, and Travel Industry
Association of Kansas. Among the points made by
proponents are that the bill would implement
recommendations of the Task Force regarding types of
projects, modes of transportation other than on highways,
planning for additional projects, criteria for selecting projects,
finishing delayed T-Works projects, exchange of federal
funds, establishing a minimum amount to be spent in each
county, alternative project delivery, and new technology; help
preserve assets of the Kansas transportation system; require
a comprehensive approach to transportation; assist cities and
counties in meeting their responsibilities for the construction,
improvement, reconstruction, and maintenance of roads and
bridges not on the state highway system as part of a
comprehensive plan; and lay the groundwork for
improvements to the multi-modal transportation system that is
vital to the state’s economy.
The representative of the American Council of
Engineering Companies of Kansas requested an amendment
to delay construction of new economic opportunity or
emerging needs project until all T-Works modernization and
expansion projects have been completed unless “non-state”
rather than “federal” funds become available.
No neutral or opponent testimony was provided.
The House Committee amended the bill to add a
reference to Section 1 in KSA 68-416, make technical
amendments and reference Section 1 in KSA 68-2315, and to
substitute “non-state moneys” for “federal funds” in Section 2.
Section 1 of the bill would differ from its T-Works
counterpart (KSA 68-2314b) in the following ways:
● Specify the intent of the Legislature that bridge and
pavement condition both at the surface and

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 subsurface levels of the state highway system be
maintained or improved;
● Remove outdated language;
● Authorize expenditures for a local bridge
improvement program;
● Specify the railroad portion of the program will
address both freight and passenger rail and
improvement rather than revitalization;
● Require KDOT to increase its participation in other
modes of transportation, including active
transportation;
● Require KDOT to study the feasibility and
implementation of emerging technologies,
including, but not limited to, autonomous and
connected vehicles, in-vehicle technology, traffic
management systems, or broadband infrastructure;
● Require KDOT to work with transportation industry
representatives to develop a proposal for utilizing
alternative project delivery methods to procure
transportation projects and present that proposal to
the 2020 Legislature; and
● State consideration shall be given to additional
project selection criteria that may include projects
that remove transportation infrastructure from the
state highway system, identify priority corridors, or
include local participation.
According to the fiscal note prepared by the Division of
the Budget on the bill as introduced, KDOT notes the bill
would not contain any new revenue sources and amounts
available for projects and programs of the bill would depend
on revenues available to the State Highway Fund (SHF) and
the stability of those revenues. KDOT estimates any
expenditures could be absorbed within existing resources
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assuming future net revenues to the SHF are equal to or
higher than net revenues contained in The FY 2020
Governor’s Budget Report. The provision in the bill regarding
an amount to be spent in each county would require
expenditures of $840.0 million from FY 2021 through FY
2030. Any fiscal effect associated with enactment of the bill is
not reflected in The FY 2020 Governor’s Budget Report.


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Statutes affected:
As introduced: 68-2316, 68-2314b
As Amended by House Committee: 68-416, 75-5062, 68-2315, 68-2316, 68-2314b