LRB-5836/1

ZDW:amn

2021 - 2022 LEGISLATURE

2021 Senate BILL 1075

March 9, 2022 - Introduced by Senator Petrowski, cosponsored by Representative Plumer. Referred to Committee on Transportation and Local Government.

SB1075,1,10 An Act to renumber 84.063 (1) (a) and 84.063 (1) (b); to renumber and amend 84.063 (3) (c); to amend 84.01 (31), 84.062 (1) (L), 84.063 (2) (a), 84.063 (2) (b), 84.063 (3) (title), 84.063 (3) (a), 84.063 (3) (b) (intro.), 84.063 (3) (b) 1., 84.063 (3) (d), 84.063 (4) (title), 84.063 (4) (b) and 84.063 (4) (c); and to create 84.063 (1) (d), 84.063 (1) (f), 84.063 (1) (g), 84.063 (1) (h), 84.063 (3) (ag), 84.063 (3) (c) 2., 84.063 (3) (cd), 84.063 (3) (e), 84.063 (3g), 84.063 (3r), 84.063 (4) (d), 84.063 (4) (e), 84.063 (4) (f) and 84.063 (4) (g) of the statutes; relating to: relocation of utilities in a highway right-of-way, modifying administrative rules promulgated by the Department of Transportation, and providing an exemption from emergency rule procedures.

Analysis by the Legislative Reference Bureau

This bill makes numerous changes to requirements relating to the relocation of utility facilities located in a highway right-of-way. “Utility facility” means any pipe, pipeline, duct, wire line, conduit, pole, tower, equipment, or other structure used for transmission, distribution, or delivery of electrical power, light, heat, water, gas, sewer, telegraph, or telecommunication services.

Under current law, if a utility facility is within the right-of-way of a proposed highway project, the Department of Transportation must notify the owner, who must then provide DOT with a description and general location of each utility facility. DOT must then provide the owner with a set of plans for the proposed project. The owner must submit a work plan to DOT proposing any relocations or adjustments to utility facilities required by the proposed project. DOT must review work plans for compliance with permit requirements and, once approved, notify the owner when utility facility relocation work may begin. The bill creates deadlines by which the various steps of this process must occur.

The bill provides that an owner must complete the work described in the work plan according to the specified schedule. An owner must notify DOT immediately if the owner cannot meet a scheduling deadline or must otherwise deviate from an approved work plan.

The bill provides that, subject to conditions, DOT must compensate the highway project contractor for delay costs that are the result of 1) DOT advertising or letting a project prior to certification of completion of utility facility work; 2) DOT advertising or letting a project that allows utility facility work after advertising or during construction; 3) DOT allowing or requiring utility facility work after letting and during construction that is different from the approved work plan or schedule; or 4) any utility conflict not identified in the schedule, bid materials, or any bid addendum within construction limits. Under the bill, an owner is liable to DOT for any damage amounts.

The bill repeals administrative rules promulgated by DOT relating to utility facilities relocation and requires DOT to promulgate rules to administer the utility facilities relocation process, as modified by this bill.

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:

SB1075,1 Section 1. 84.01 (31) of the statutes is amended to read:

SB1075,3,5 84.01 (31) Accommodation of utility facilities within highway rights-of-way. Notwithstanding ss. 84.06 (4), 84.063, 84.065, and 84.093, the department may, upon finding that it is feasible and advantageous to the state, negotiate and enter into an agreement to accept any plant or equipment used for the conveyance, by wire, optics, radio signal, or other means, of voice, data, or other information at any frequency over any part of the electromagnetic spectrum, or to accept any services associated with the collection, storage, forwarding, switching, and delivery incidental to such communication, as payment for the accommodation of a utility facility, as defined in s. 84.063 (1) (b) (i), within a highway right-of-way. Any agreement under this subsection is exempt from ss. 16.70 to 16.75, 16.755 to 16.82, and 16.85 to 16.89, but ss. 16.528, 16.752, and 16.754 apply to such agreement.

SB1075,2 Section 2 . 84.062 (1) (L) of the statutes, as created by 2021 Wisconsin Act 58, is amended to read:

SB1075,3,9 84.062 (1) (L) “Project” means a project involving a highway improvement, as defined in s. 84.063 (1) (a) (e).

SB1075,3 Section 3 . 84.063 (1) (a) of the statutes is renumbered 84.063 (1) (e).