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Minutes for HB2589 - Committee on Energy, Utilities and Telecommunications
Short Title
Authorizing public utilities and law enforcement agencies to enter into utility pole attachment agreements to allow for the installation of law enforcement equipment on structures located within the public right-of-way and exempting public utilities from civil liability relating thereto.
Minutes Content for Thu, Feb 8, 2024
Chairperson Delperdang opened the hearing on HB2589.
Nick Myers provided an overview of the bill.(Attachment1) Mr. Myers responded to questions from the committee members.
Chair recognized proponent testimony as follows:
Joseph Sullivan, Chief of Police, City of Wichita (Attachment2) who testified in support of the bill. Chief Sullivan explained being the Chief of Police of the largest city in Kansas and a member of law enforcement for 40 years, the bill is a critical importance of leveraging utility poles as a strategic asset for enhancing public safety, improving response capabilities, combating crime effectively and saving lives.
Ed Klumpp, Kansas Association of Chiefs of Police, Kansas Sheriffs Association and Kansas Peace Officers Association (Attachment3) who testified in support of the bill. Mr. Klumpp explained in the past couple of years, the utility companies changed their stance on placing video recording devices on their property for fear of being liable at any point in the investigation or trial and law enforcement understood their dilemma. He added the bill would allow the utility company to enter into a pole attachment agreement with law enforcement to allow for the attachment and operation of law enforcement equipment, and would require the law enforcement agency to indemnify, defend and hold harmless the public utility from any liability.
The conferees responded to questions from committee members.
Opponent-Written Only testimony as follows:
IBEW Local Union 53, 304, 1464 and 1523, (Attachment4)
Chair recognized neutral testimony as follows:
Kimberly Gencur Svaty, Kansas Municipal Utilities, KMU, (Attachment5) who testified as a neutral on the bill. Ms. Svaty explained KMU does not oppose the bill and believes granting access to a utility pole remains the responsibility of the utility to determine whether pole attachment is granted and the requirements for that attachment. She added the term "law enforcement equipment" is undefined, does it mean video surveillance, speed control radar , traffic enforcement, or other types of equipment?
Gelene Savage, Kansas Department of Transportation, KDOT, (Attachment6) who testified as a neutral on the bill. Ms. Savage explained KDOT would like the committee to include language to address current existing requirements for anyone working on the State's highway right of way to obtain a permit. She added currently anyone needing to work on the state's highway right of way including law enforcement agencies and public utilities must obtain a permit from KDOT to work on state highway right of way and obtaining a permit from KDOT allows KDOT and those working on the highway right of way to have a safe working environment while also providing a safe transportation corridor for the traveling public.
The conferees responded to questions from committee members.
Neutral-Written Only testimony as follows:
Reagan McCloud, Kansas Electric Cooperatives (Attachment7)
Laura Lutz, Evergy (Attachment8)
Chair Delperdang asked the committee for any further questions.
Chairperson Delperdang closed the hearing on HB2589.
