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LRBs0051/1
EVM:wlj/amn/emw
2023 - 2024 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 244
May 19, 2023 - Offered by Representative Tranel.
AB244-ASA1,1,3 1An Act to amend 86.31 (2) (a); and to create 59.58 (6), 86.31 (1) (ao) and 86.31
2(3o) of the statutes; relating to: an agricultural roads improvement grant
3program.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB244-ASA1,1 4Section 1. 59.58 (6) of the statutes is created to read:
AB244-ASA1,1,75 59.58 (6) Agricultural roads agency. Subject to s. 86.31 (3o) (f), the board may
6authorize the county to act as a fiscal agent for a town located within the county with
7regard to a project under s. 86.31 (3o).
AB244-ASA1,2 8Section 2. 86.31 (1) (ao) of the statutes is created to read:
AB244-ASA1,1,109 86.31 (1) (ao) “Eligible agricultural road project” means a project that is eligible
10for a grant under sub. (3o) (b).
AB244-ASA1,3 11Section 3. 86.31 (2) (a) of the statutes is amended to read:
AB244-ASA1,2,8
186.31 (2) (a) The department shall administer a local roads improvement
2program to accelerate the improvement of seriously deteriorating local roads and of
3agricultural roads improvements
by reimbursing political subdivisions for
4improvements. The selection of improvements that may be funded under the
5program shall be performed by officials of each political subdivision, consistent with
6par. (h) and the requirements of subs. (3), (3g), (3m), (3o), and (3r). The department
7shall notify each county highway commissioner of any deadline that affects eligibility
8for reimbursement under the program no later than 15 days before such deadline.
AB244-ASA1,4 9Section 4. 86.31 (3o) of the statutes is created to read:
AB244-ASA1,2,1410 86.31 (3o) Agricultural roads improvements. (a) 1. Any funds directed for
11agricultural roads improvements under this subsection shall be distributed as
12grants to reimburse political subdivisions for eligible agricultural road projects or
13expended for reimbursable costs by the department acting as a fiscal agent under
14par. (f).
AB244-ASA1,2,2015 2. The department shall prescribe the form, nature, and extent of information
16that shall be contained in applications for grants under this subsection. If the
17application is for a project to improve a class “B” highway, the department shall
18require the applicant to state when the highway was designated as a class “B”
19highway under s. 349.15. To the extent feasible, the department shall do all of the
20following:
AB244-ASA1,2,2121 a. Develop an application that does not exceed 2 pages in length.
AB244-ASA1,2,2322 b. Prescribe a simple and clear application process that is reasonably accessible
23to political subdivisions with limited staffing resources.
AB244-ASA1,2,2524 (b) An agricultural road project is eligible for a grant under this subsection if
25all of the following apply:
AB244-ASA1,3,3
11. The project is to improve a highway functionally classified by the department
2as a local road or minor collector or a bridge or culvert on a highway functionally
3classified by the department as a local road or minor collector.
AB244-ASA1,3,64 2. The highway, bridge, or culvert under subd. 1. provides access to agricultural
5lands and facilities used for the production of agricultural goods, including forest
6products, and is used by more than one agricultural producer.
AB244-ASA1,3,97 3. The highway under subd. 1. or the highway upon which the bridge or culvert
8under subd. 1. is located is designated as a class “B” highway under s. 349.15 due to
9structural deficiencies or is subject to a posted weight limitation at least annually.
AB244-ASA1,3,1210 4. After completion of the project, the highway under subd. 3. will not be
11designated as a class “B” highway under s. 349.15 and will not be subject to a posted
12weight limitation other than under extraordinary or emergency circumstances.
AB244-ASA1,3,1413 5. The highway, bridge, or culvert to be improved is maintained by a political
14subdivision.
AB244-ASA1,3,1615 (c) In awarding grants under this subsection, the department shall prioritize
16the following:
AB244-ASA1,3,1817 1. Projects that improve access by the largest number of agricultural producers
18to agricultural lands and facilities used for the production of agricultural goods.
AB244-ASA1,3,2019 2. Projects that will result in reduction of any of the following for agricultural
20producers:
AB244-ASA1,3,2121 a. Deferred or delayed trips.
AB244-ASA1,3,2222 b. Repeated trips at reduced weights.
AB244-ASA1,3,2323 c. Labor costs.
AB244-ASA1,3,2424 d. Fuel costs.
AB244-ASA1,3,2525 e. Mileage upon and damage to equipment used in agricultural production.
AB244-ASA1,4,2
1f. Costs other than those in subd. 2. a. to e. resulting from a highway being
2designated as a class “B” highway under s. 349.15.
AB244-ASA1,4,33 3. Projects that will result in the greatest positive economic impact.
AB244-ASA1,4,54 4. Projects for which the access provided under par. (b) 2. is the only feasible
5access to the lands or facilities.
AB244-ASA1,4,86 5. Projects that are the subject of a grant application by a political subdivision
7that faces demonstrable fiscal or administrative difficulties in completing highway
8projects.
AB244-ASA1,4,109 6. Projects that will result in the transportation of the largest amount of
10agricultural goods.
AB244-ASA1,4,1811 (d) Notwithstanding sub. (4), upon request by a political subdivision for partial
12payment not more frequently than quarterly, the department shall reimburse any
13reimbursable costs incurred by the political subdivision for an eligible agricultural
14road project. Not more than 100 percent of reimbursable costs of an improvement
15to an eligible agricultural road project shall be reimbursed. Reimbursable costs
16under this subsection include any costs related to an eligible agricultural road
17project, including costs of initial plan design and engineering, planning, designing,
18engineering, and construction of an eligible agricultural road project.
AB244-ASA1,4,2119 (e) A political subdivision may pay for or otherwise obtain engineering and
20design work for a project funded by a grant under this subsection from the
21department or from another source.
AB244-ASA1,5,422 (f) Upon request by the grantee, the department shall be designated as a fiscal
23agent of a grantee that is a political subdivision or, upon agreement by the grantee
24and the county, a county may be designated as a fiscal agent of a grantee that is a
25town located within the county for the purposes of a project funded by a grant under

1this subsection. If acting as a fiscal agent under this paragraph, the department or
2county shall, upon request, pay reimbursable costs for an agricultural road project
3when incurred and retain or receive grant moneys in reimbursement of these
4payments.
AB244-ASA1,5,125 (g) The department shall establish a committee to review grant applications
6and award grants under this subsection. The committee shall consist of members
7appointed by the secretary, have geographically diverse representation, and include
8as members representatives of agricultural industries and political subdivisions
9with jurisdiction of highways, bridges, or culverts that are eligible for grants under
10par. (b). The secretary or designee shall serve as a nonvoting member of the
11committee. The committee members shall serve 2-year terms beginning October 1
12of an odd-numbered year and ending September 30 of the next odd-numbered year.
AB244-ASA1,5,2013 (h) Notwithstanding ss. 349.15 (2) and 349.16 (1), no highway, bridge, or culvert
14approved under this subsection may be designated as a class “B” highway under s.
15349.15 or be subject to a posted weight limitation other than under extraordinary or
16emergency circumstances unless the political subdivision having jurisdiction of the
17highway, bridge, or culvert obtains a pavement or structural analysis performed by
18a professional engineer or the county highway commissioner for the county in which
19the highway, bridge, or culvert is located supports the weight limitation and certifies
20to the department the reason for the weight limitation.
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