Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB244 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	LRB-2553/1
2	2	EVM:amn
3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 244
5	5	April 28, 2023 - Introduced by Representatives TRANEL, VANDERMEER, NOVAK, C.
6	6	ANDERSON, ARMSTRONG, BEHNKE, BINSFELD, CALLAHAN, CONLEY, DITTRICH,
7	7	EDMING, GOEBEN, GREEN, GUNDRUM, GUSTAFSON, HURD, KITCHENS, KRUG,
8	8	KURTZ, MAGNAFICI, MURPHY, MURSAU, O'CONNOR, OLDENBURG, PENTERMAN,
9	9	PETRYK, PLUMER, RETTINGER, ROZAR, SAPIK, SCHMIDT, SCHRAA, SHANKLAND,
10	10	SNYDER, SORTWELL, SPIROS, SUMMERFIELD, SWEARINGEN, WITTKE and TITTL,
11	11	cosponsored by Senators MARKLEIN, TOMCZYK, BALLWEG, CABRAL-GUEVARA,
12	12	COWLES, FELZKOWSKI, FEYEN, JAMES, PFAFF, QUINN, SPREITZER, TESTIN,
13	13	WANGGAARD and BRADLEY. Referred to Committee on Transportation.
14	14	*AUTHORS SUBJECT TO CHANGE*
15	15	AN ACT to renumber 86.31 (1) (a); to amend 86.31 (2) (a); and to create 20.395
16	16	(2) (fc), 59.58 (6), 86.31 (1) (ac) and 86.31 (3o) of the statutes; relating to: an
17	17	agricultural roads improvement grant program and making an appropriation.
18	18	Analysis by the Legislative Reference Bureau
19	19	This bill requires the Department of Transportation to establish an
20	20	agricultural road improvement grant program. Under the program, projects are
21	21	eligible for reimbursement of up to 100 percent of the costs of a project under the
22	22	program if all of the following apply:
23	23	1. The project is for the improvement of a local road, minor collector, bridge, or
24	24	culvert (agricultural road facility) that is maintained by a political subdivision.
25	25	2. The agricultural road facility provides access to agricultural lands used for
26	26	the production of agricultural goods and is used by more than one agricultural
27	27	producer.
28	28	3. Due to structural deficiencies, the agricultural road facility is subject to
29	29	weight limitations at least annually.
30	30	4. After completion of the project, the agricultural road facility will not be
31	31	subject to weight limitations other than under extraordinary or emergency
32	32	circumstances.
33	33	The bill also requires DOT to prioritize projects that improve access by the
34	34	largest number of agricultural producers, projects that make improvements to
35	35	agricultural road facilities that are the oldest, projects that will result in the largest
36	36	reduction in deferred or repeated trips by vehicles of agricultural producers, projects
37	37	1
38	38	2
39	39	3 - 2 -2023 - 2024 Legislature LRB-2553/1
40	40	EVM:amn
41	41	ASSEMBLY BILL 244
42	42	that will result in the greatest positive economic impact, projects making
43	43	improvements to agricultural road facilities that provide the only feasible route of
44	44	access, and projects that are the subject of a grant application by a political
45	45	subdivision that faces demonstrable fiscal or administrative difficulties in
46	46	completing highway projects.
47	47	The bill also requires that for a project under this program, upon request by a
48	48	grantee, DOT must be designated as a fiscal agent of a grantee that is a political
49	49	subdivision and that, upon agreement by the grantee and the county, a county may
50	50	be designated as a fiscal agent of a grantee if the grantee is a town located within the
51	51	county. If acting as a fiscal agent under this program, DOT or a county must, upon
52	52	request, pay reimbursable costs for a project when incurred and retain or receive
53	53	grant moneys in reimbursement of these payments.
54	54	For further information see the state fiscal estimate, which will be printed as
55	55	an appendix to this bill.
56	56	The people of the state of Wisconsin, represented in senate and assembly, do
57	57	enact as follows:
58	58	SECTION 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
59	59	the following amounts for the purposes indicated:
60	60	2023-24 2024-25
61	61	20.395 Transportation, department of
62	62	(2) LOCAL TRANSPORTATION ASSISTANCE
63	63	(fc)Agricultural roads GPR C 150,000,000 -0-
64	64	SECTION 2. 20.395 (2) (fc) of the statutes is created to read:
65	65	20.395 (2) (fc) Agricultural roads. As a continuing appropriation, from the
66	66	general fund, the amounts in the schedule for agricultural road improvement grants
67	67	under s. 86.31 (3o).
68	68	SECTION 3. 59.58 (6) of the statutes is created to read:
69	69	59.58 (6) AGRICULTURAL ROADS AGENCY. Subject to s. 86.31 (3o) (f), the board may
70	70	authorize the county to act as a fiscal agent for a town located within the county with
71	71	regard to a project under s. 86.31 (3o).
72	72	1
73	73	2
74	74	3
75	75	4
76	76	5
77	77	6
78	78	7
79	79	8
80	80	9
81	81	10
82	82	11
83	83	12
84	84	13 - 3 -2023 - 2024 Legislature
85	85	LRB-2553/1
86	86	EVM:amn
87	87	SECTION 4
88	88	ASSEMBLY BILL 244
89	89	SECTION 4. 86.31 (1) (a) of the statutes is renumbered 86.31 (1) (ak).
90	90	SECTION 5. 86.31 (1) (ac) of the statutes is created to read:
91	91	86.31 (1) (ac) “Agricultural road facility” means a highway functionally
92	92	classified by the department as a local road or minor collector or a bridge or culvert
93	93	on a highway functionally classified by the department as a local road or minor
94	94	collector.
95	95	SECTION 6. 86.31 (2) (a) of the statutes is amended to read:
96	96	86.31 (2) (a) The department shall administer a local roads improvement
97	97	program to accelerate the improvement of seriously deteriorating local roads or, for
98	98	grants under sub. (3o), agricultural road facilities, by reimbursing political
99	99	subdivisions for improvements. The selection of improvements that may be funded
100	100	under the program shall be performed by officials of each political subdivision,
101	101	consistent with par. (h) and the requirements of subs. (3), (3g), (3m), (3o), and (3r).
102	102	The department shall notify each county highway commissioner of any deadline that
103	103	affects eligibility for reimbursement under the program no later than 15 days before
104	104	such deadline.
105	105	SECTION 7. 86.31 (3o) of the statutes is created to read:
106	106	86.31 (3o) AGRICULTURAL ROADS. (a) 1. From the appropriation under s. 20.395
107	107	(2) (fc), subject to par. (c), the department shall award grants to political subdivisions
108	108	for eligible projects under par. (b).
109	109	2. The department shall prescribe the form, nature, and extent of information
110	110	that shall be contained in applications for grants under this subsection. To the extent
111	111	feasible, the department shall do all of the following:
112	112	a. Develop an application that does not exceed 2 pages in length.
113	113	1
114	114	2
115	115	3
116	116	4
117	117	5
118	118	6
119	119	7
120	120	8
121	121	9
122	122	10
123	123	11
124	124	12
125	125	13
126	126	14
127	127	15
128	128	16
129	129	17
130	130	18
131	131	19
132	132	20
133	133	21
134	134	22
135	135	23
136	136	24 - 4 -2023 - 2024 Legislature LRB-2553/1
137	137	EVM:amn
138	138	SECTION 7 ASSEMBLY BILL 244
139	139	b. Prescribe a simple and clear application process that is reasonably accessible
140	140	to political subdivisions with limited staffing resources.
141	141	(b) A project to improve an agricultural road facility is eligible for funding
142	142	under this subsection if all of the following apply:
143	143	1. The agricultural road facility is maintained by a political subdivision.
144	144	2. The agricultural road facility provides access to agricultural lands used for
145	145	the production of agricultural goods and is used by more than one agricultural
146	146	producer.
147	147	3. Due to structural deficiencies, the agricultural road facility is designated as
148	148	a class “B” highway under s. 349.15 or is subject to a posted weight limitation at least
149	149	annually.
150	150	4. After completion of the project, the agricultural road facility will not be
151	151	designated as a class “B” highway under s. 349.15 and will not be subject to a posted
152	152	weight limitation other than under extraordinary or emergency circumstances.
153	153	(c) In awarding grants under this subsection, the department shall prioritize
154	154	the following:
155	155	1. Projects that improve access by the largest number of agricultural producers
156	156	to agricultural lands used for the production of agricultural goods.
157	157	2. Projects that make improvements to agricultural road facilities that are the
158	158	oldest based on date of initial construction.
159	159	3. Projects that will result in the largest reduction in deferred or repeated trips
160	160	by vehicles of agricultural producers.
161	161	4. Projects that will result in the greatest positive economic impact.
162	162	5. Projects for which the access provided under par. (b) 2. is the only feasible
163	163	access to these lands or facilities.
164	164	1
165	165	2
166	166	3
167	167	4
168	168	5
169	169	6
170	170	7
171	171	8
172	172	9
173	173	10
174	174	11
175	175	12
176	176	13
177	177	14
178	178	15
179	179	16
180	180	17
181	181	18
182	182	19
183	183	20
184	184	21
185	185	22
186	186	23
187	187	24
188	188	25 - 5 -2023 - 2024 Legislature
189	189	LRB-2553/1
190	190	EVM:amn
191	191	SECTION 7
192	192	ASSEMBLY BILL 244
193	193	6. Projects that are the subject of a grant application by a political subdivision
194	194	that faces demonstrable fiscal or administrative difficulties in completing highway
195	195	projects.
196	196	(d) Notwithstanding sub. (4), a political subdivision may apply to the
197	197	department under this subsection for reimbursement of not more than 100 percent
198	198	of eligible costs of an improvement to an agricultural road facility. Amounts awarded
199	199	in a grant under this subsection may include any costs related to a project under par.
200	200	(b), including costs of planning, designing, engineering, and constructing an
201	201	agricultural road facility.
202	202	(e) A political subdivision may pay for or otherwise obtain engineering and
203	203	design work for a project funded by a grant under this subsection from the
204	204	department or from another source.
205	205	(f) Upon request by the grantee, the department shall be designated as a fiscal
206	206	agent of a grantee that is a political subdivision or, upon agreement by the grantee
207	207	and the county, a county may be designated as a fiscal agent of a grantee that is a
208	208	town located within the county for the purposes of a project funded by a grant under
209	209	this subsection. If acting as a fiscal agent under this paragraph, the department or
210	210	county shall, upon request, pay reimbursable costs for a project when incurred and
211	211	retain or receive grant moneys in reimbursement of these payments.
212	212	(END)
213	213	1
214	214	2
215	215	3
216	216	4
217	217	5
218	218	6
219	219	7
220	220	8
221	221	9
222	222	10
223	223	11
224	224	12
225	225	13
226	226	14
227	227	15
228	228	16
229	229	17
230	230	18
231	231	19
232	232	20