Amendment ASA1-AB244

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 An Act to amend 86.31 (2) (a); and to create 59.58 (6), 86.31 (1) (ao) and 86.31 (3o) of the statutes; relating to: an agricultural roads improvement grant program.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB244-ASA1,1 Section 1. 59.58 (6) of the statutes is created to read:

AB244-ASA1,1,7 59.58 (6) Agricultural roads agency. Subject to s. 86.31 (3o) (f), the board may authorize the county to act as a fiscal agent for a town located within the county with regard to a project under s. 86.31 (3o).

AB244-ASA1,2 Section 2. 86.31 (1) (ao) of the statutes is created to read:

AB244-ASA1,1,10 86.31 (1) (ao) “Eligible agricultural road project” means a project that is eligible for a grant under sub. (3o) (b).

AB244-ASA1,3 Section 3. 86.31 (2) (a) of the statutes is amended to read:

AB244-ASA1,2,8 86.31 (2) (a) The department shall administer a local roads improvement program to accelerate the improvement of seriously deteriorating local roads and of agricultural roads improvements by reimbursing political subdivisions for improvements. The selection of improvements that may be funded under the program shall be performed by officials of each political subdivision, consistent with par. (h) and the requirements of subs. (3), (3g), (3m), (3o), and (3r). The department shall notify each county highway commissioner of any deadline that affects eligibility for reimbursement under the program no later than 15 days before such deadline.

AB244-ASA1,4 Section 4. 86.31 (3o) of the statutes is created to read:

AB244-ASA1,2,14 86.31 (3o) Agricultural roads improvements. (a) 1. Any funds directed for agricultural roads improvements under this subsection shall be distributed as grants to reimburse political subdivisions for eligible agricultural road projects or expended for reimbursable costs by the department acting as a fiscal agent under par. (f).

AB244-ASA1,2,20 2. The department shall prescribe the form, nature, and extent of information that shall be contained in applications for grants under this subsection. If the application is for a project to improve a class “B” highway, the department shall require the applicant to state when the highway was designated as a class “B” highway under s. 349.15. To the extent feasible, the department shall do all of the following:

AB244-ASA1,2,21 a. Develop an application that does not exceed 2 pages in length.

AB244-ASA1,2,23 b. Prescribe a simple and clear application process that is reasonably accessible to political subdivisions with limited staffing resources.

AB244-ASA1,2,25 (b) An agricultural road project is eligible for a grant under this subsection if all of the following apply:

AB244-ASA1,3,3 1. The project is to improve a highway functionally classified by the department as a local road or minor collector or a bridge or culvert on a highway functionally classified by the department as a local road or minor collector.

AB244-ASA1,3,6 2. The highway, bridge, or culvert under subd. 1. provides access to agricultural lands and facilities used for the production of agricultural goods, including forest products, and is used by more than one agricultural producer.

AB244-ASA1,3,9 3. The highway under subd. 1. or the highway upon which the bridge or culvert under subd. 1. is located is designated as a class “B” highway under s. 349.15 due to structural deficiencies or is subject to a posted weight limitation at least annually.

AB244-ASA1,3,12 4. After completion of the project, the highway under subd. 3. will not be designated as a class “B” highway under s. 349.15 and will not be subject to a posted weight limitation other than under extraordinary or emergency circumstances.

AB244-ASA1,3,14 5. The highway, bridge, or culvert to be improved is maintained by a political subdivision.

AB244-ASA1,3,16 (c) In awarding grants under this subsection, the department shall prioritize the following:

AB244-ASA1,3,18 1. Projects that improve access by the largest number of agricultural producers to agricultural lands and facilities used for the production of agricultural goods.

AB244-ASA1,3,20 2. Projects that will result in reduction of any of the following for agricultural producers:

AB244-ASA1,3,21 a. Deferred or delayed trips.

AB244-ASA1,3,22 b. Repeated trips at reduced weights.

AB244-ASA1,3,23 c. Labor costs.

AB244-ASA1,3,24 d. Fuel costs.

AB244-ASA1,3,25 e. Mileage upon and damage to equipment used in agricultural production.

AB244-ASA1,4,2 f. Costs other than those in subd. 2. a. to e. resulting from a highway being designated as a class “B” highway under s. 349.15.

AB244-ASA1,4,3 3. Projects that will result in the greatest positive economic impact.

AB244-ASA1,4,5 4. Projects for which the access provided under par. (b) 2. is the only feasible access to the lands or facilities.

AB244-ASA1,4,8 5. Projects that are the subject of a grant application by a political subdivision that faces demonstrable fiscal or administrative difficulties in completing highway projects.

AB244-ASA1,4,10 6. Projects that will result in the transportation of the largest amount of agricultural goods.

AB244-ASA1,4,18 (d) Notwithstanding sub. (4), upon request by a political subdivision for partial payment not more frequently than quarterly, the department shall reimburse any reimbursable costs incurred by the political subdivision for an eligible agricultural road project. Not more than 100 percent of reimbursable costs of an improvement to an eligible agricultural road project shall be reimbursed. Reimbursable costs under this subsection include any costs related to an eligible agricultural road project, including costs of initial plan design and engineering, planning, designing, engineering, and construction of an eligible agricultural road project.

AB244-ASA1,4,21 (e) A political subdivision may pay for or otherwise obtain engineering and design work for a project funded by a grant under this subsection from the department or from another source.

AB244-ASA1,5,4 (f) Upon request by the grantee, the department shall be designated as a fiscal agent of a grantee that is a political subdivision or, upon agreement by the grantee and the county, a county may be designated as a fiscal agent of a grantee that is a town located within the county for the purposes of a project funded by a grant under this subsection. If acting as a fiscal agent under this paragraph, the department or county shall, upon request, pay reimbursable costs for an agricultural road project when incurred and retain or receive grant moneys in reimbursement of these payments.

AB244-ASA1,5,12 (g) The department shall establish a committee to review grant applications and award grants under this subsection. The committee shall consist of members appointed by the secretary, have geographically diverse representation, and include as members representatives of agricultural industries and political subdivisions with jurisdiction of highways, bridges, or culverts that are eligible for grants under par. (b). The secretary or designee shall serve as a nonvoting member of the committee. The committee members shall serve 2-year terms beginning October 1 of an odd-numbered year and ending September 30 of the next odd-numbered year.

AB244-ASA1,5,20 (h) Notwithstanding ss. 349.15 (2) and 349.16 (1), no highway, bridge, or culvert approved under this subsection may be designated as a class “B” highway under s. 349.15 or be subject to a posted weight limitation other than under extraordinary or emergency circumstances unless the political subdivision having jurisdiction of the highway, bridge, or culvert obtains a pavement or structural analysis performed by a professional engineer or the county highway commissioner for the county in which the highway, bridge, or culvert is located supports the weight limitation and certifies to the department the reason for the weight limitation.

AB244-ASA1,5,21 (End)