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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 843
December 22, 2023 - Introduced by Representatives SHELTON, SNODGRASS, GOYKE,
VINING, J. ANDERSON, ANDRACA, BALDEH, CLANCY, CONSIDINE, DRAKE, EMERSON,
JACOBSON, JOERS, MADISON, MOORE OMOKUNDE, NEUBAUER, OHNSTAD, PALMERI,
RATCLIFF, SINICKI and SUBECK, cosponsored by Senators LARSON, CARPENTER,
AGARD, L. JOHNSON, ROYS, TAYLOR, SPREITZER, HESSELBEIN and SMITH. Referred
to Committee on Transportation.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to repeal 84.01 (35) (d) (intro.) and 2.; to renumber 84.01 (35) (d) 1.; to
amend 84.01 (35) (b); and to create 84.01 (35) (c) of the statutes; relating to:
requiring bicycle and pedestrian facilities in highway projects and granting
rule-making authority.
Analysis by the Legislative Reference Bureau
This bill requires the Department of Transportation to ensure, with exceptions,
that bikeways and pedestrian ways are established in all new highway construction
and reconstruction projects funded from state or federal funds (a policy commonly
known as “complete streets”).
Under current law, DOT generally must give due consideration to establishing
bikeways and pedestrian ways in all new highway construction and reconstruction
projects funded from state or federal funds. However, DOT may not establish a
bikeway or pedestrian way as part of a highway project if bicyclists or pedestrians
are prohibited from using the highway. DOT is also prohibited from establishing a
bikeway or pedestrian way as part of a state-funded project unless the governing
body of each municipality in which a portion of the project is located authorizes the
creation of the bikeway or pedestrian way.
Under the bill, DOT must ensure that bikeways and pedestrian ways are
established in all new highway construction and reconstruction projects funded from
state or federal funds. DOT must promulgate rules identifying exceptions to this
requirement, but the exceptions may be based only on one of several specified
criteria.
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ASSEMBLY BILL 843
For further information see the state and local 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:
SECTION 1. 84.01 (35) (b) of the statutes is amended to read:
84.01 (35) (b) Except as provided in par. (d) (c), and notwithstanding any other
provision of this chapter or ch. 82, 83, or 85, the department shall give due
consideration to establishing ensure that bikeways and pedestrian ways are
established in all new highway construction and reconstruction projects funded in
whole or in part from state funds or federal funds appropriated under s. 20.395 or
20.866.
SECTION 2. 84.01 (35) (c) of the statutes is created to read:
84.01 (35) (c) The department shall promulgate rules identifying exceptions to
the requirement under par. (b), but these rules may provide for an exception only if
any of the following applies:
2. The cost of establishing bikeways or pedestrian ways would be excessively
disproportionate to the need or probable use of the bikeways or pedestrian ways. For
purposes of this subdivision, cost is excessively disproportionate if it exceeds 20
percent of the total project cost. The rules may not allow an exception under this
subdivision to be applied unless the secretary of transportation, or a designee of the
secretary who has knowledge of the purpose and value of bicycle and pedestrian
accommodations, reviews the applicability of the exception under this subdivision to
the particular project at issue.
3. Establishing bikeways or pedestrian ways would have excessive negative
impacts in a constrained environment.
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ASSEMBLY BILL 843
4. There is an absence of need for the bikeways or pedestrian ways, as indicated
by sparsity of population, traffic volume, or other factors.
5. The community where pedestrian ways are to be located refuses to accept an
agreement to maintain them.
SECTION 3. 84.01 (35) (d) (intro.) and 2. of the statutes are repealed.
SECTION 4. 84.01 (35) (d) 1. of the statutes is renumbered 84.01 (35) (c) 1.
(END)
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