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LRB-2281/1
EVM:cdc
2021 - 2022 LEGISLATURE
March 25, 2021 - Introduced by Representatives Brandtjen, Allen, Gundrum,
Knodl, Magnafici, Moses, Plumer, Ramthun, Rozar, Skowronski and
Wichgers, cosponsored by Senators Jacque, Bernier, Felzkowski, Feyen,
Nass, Stroebel and Wanggaard. Referred to Committee on Transportation.
AB202,1,2 1An Act to create 84.06 (14) of the statutes; relating to: sourcing materials from
2within the right-of-way of a highway improvement project.
Analysis by the Legislative Reference Bureau
This bill requires the Department of Transportation, in its specifications for
highway improvements, to encourage the use of materials sourced from within the
right-of-way of the proposed improvement. The bill also provides the following: 1)
DOT may not charge for any materials sourced from within the right-of-way, 2) the
bidder may include those potential cost savings in its bid, and 3) the bidder is
responsible for any unanticipated costs in sourcing alternate materials if the
materials proposed to be sourced from within the right-of-way do not satisfy the
applicable specifications for the highway improvement or are more costly to utilize
than anticipated, or if the bidder fails to receive all necessary approvals, other than
the approval of the department, to excavate or remove the materials.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB202,1 3Section 1. 84.06 (14) of the statutes is created to read:
AB202,2,104 84.06 (14) Sourcing materials within right-of-way. All specifications for
5highway improvements prepared by the department for highway improvements

1within its jurisdiction shall include an encouragement to use, in the highway
2improvement, materials sourced from within the right-of-way of the proposed
3highway improvement. The department may not charge for any materials sourced
4from within the right-of-way and the bidder may include those potential cost
5savings in its bid. The bidder is responsible for any unanticipated costs in sourcing
6alternate materials if the materials proposed to be sourced from within the
7right-of-way do not satisfy the applicable specifications for the highway
8improvement or are more costly to utilize than anticipated, or if the bidder fails to
9receive all necessary approvals, other than the approval of the department, to
10excavate or remove the materials.
AB202,2,1111 (End)
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