Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB843 Compare Versions

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

Old	New	Differences
1	1	LRB-5342/1
2	2	ZDW:wlj
3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 843
5	5	December 22, 2023 - Introduced by Representatives SHELTON, SNODGRASS, GOYKE,
6	6	VINING, J. ANDERSON, ANDRACA, BALDEH, CLANCY, CONSIDINE, DRAKE, EMERSON,
7	7	JACOBSON, JOERS, MADISON, MOORE OMOKUNDE, NEUBAUER, OHNSTAD, PALMERI,
8	8	RATCLIFF, SINICKI and SUBECK, cosponsored by Senators LARSON, CARPENTER,
9	9	AGARD, L. JOHNSON, ROYS, TAYLOR, SPREITZER, HESSELBEIN and SMITH. Referred
10	10	to Committee on Transportation.
11	11	*AUTHORS SUBJECT TO CHANGE*
12	12	AN ACT to repeal 84.01 (35) (d) (intro.) and 2.; to renumber 84.01 (35) (d) 1.; to
13	13	amend 84.01 (35) (b); and to create 84.01 (35) (c) of the statutes; relating to:
14	14	requiring bicycle and pedestrian facilities in highway projects and granting
15	15	rule-making authority.
16	16	Analysis by the Legislative Reference Bureau
17	17	This bill requires the Department of Transportation to ensure, with exceptions,
18	18	that bikeways and pedestrian ways are established in all new highway construction
19	19	and reconstruction projects funded from state or federal funds (a policy commonly
20	20	known as “complete streets”).
21	21	Under current law, DOT generally must give due consideration to establishing
22	22	bikeways and pedestrian ways in all new highway construction and reconstruction
23	23	projects funded from state or federal funds. However, DOT may not establish a
24	24	bikeway or pedestrian way as part of a highway project if bicyclists or pedestrians
25	25	are prohibited from using the highway. DOT is also prohibited from establishing a
26	26	bikeway or pedestrian way as part of a state-funded project unless the governing
27	27	body of each municipality in which a portion of the project is located authorizes the
28	28	creation of the bikeway or pedestrian way.
29	29	Under the bill, DOT must ensure that bikeways and pedestrian ways are
30	30	established in all new highway construction and reconstruction projects funded from
31	31	state or federal funds. DOT must promulgate rules identifying exceptions to this
32	32	requirement, but the exceptions may be based only on one of several specified
33	33	criteria.
34	34	1
35	35	2
36	36	3
37	37	4 - 2 -2023 - 2024 Legislature LRB-5342/1
38	38	ZDW:wlj
39	39	ASSEMBLY BILL 843
40	40	For further information see the state and local fiscal estimate, which will be
41	41	printed as an appendix to this bill.
42	42	The people of the state of Wisconsin, represented in senate and assembly, do
43	43	enact as follows:
44	44	SECTION 1. 84.01 (35) (b) of the statutes is amended to read:
45	45	84.01 (35) (b) Except as provided in par. (d) (c), and notwithstanding any other
46	46	provision of this chapter or ch. 82, 83, or 85, the department shall give due
47	47	consideration to establishing ensure that bikeways and pedestrian ways are
48	48	established in all new highway construction and reconstruction projects funded in
49	49	whole or in part from state funds or federal funds appropriated under s. 20.395 or
50	50	20.866.
51	51	SECTION 2. 84.01 (35) (c) of the statutes is created to read:
52	52	84.01 (35) (c) The department shall promulgate rules identifying exceptions to
53	53	the requirement under par. (b), but these rules may provide for an exception only if
54	54	any of the following applies:
55	55	2. The cost of establishing bikeways or pedestrian ways would be excessively
56	56	disproportionate to the need or probable use of the bikeways or pedestrian ways. For
57	57	purposes of this subdivision, cost is excessively disproportionate if it exceeds 20
58	58	percent of the total project cost. The rules may not allow an exception under this
59	59	subdivision to be applied unless the secretary of transportation, or a designee of the
60	60	secretary who has knowledge of the purpose and value of bicycle and pedestrian
61	61	accommodations, reviews the applicability of the exception under this subdivision to
62	62	the particular project at issue.
63	63	3. Establishing bikeways or pedestrian ways would have excessive negative
64	64	impacts in a constrained environment.
65	65	1
66	66	2
67	67	3
68	68	4
69	69	5
70	70	6
71	71	7
72	72	8
73	73	9
74	74	10
75	75	11
76	76	12
77	77	13
78	78	14
79	79	15
80	80	16
81	81	17
82	82	18
83	83	19
84	84	20
85	85	21 - 3 -2023 - 2024 Legislature
86	86	LRB-5342/1
87	87	ZDW:wlj
88	88	SECTION 2
89	89	ASSEMBLY BILL 843
90	90	4. There is an absence of need for the bikeways or pedestrian ways, as indicated
91	91	by sparsity of population, traffic volume, or other factors.
92	92	5. The community where pedestrian ways are to be located refuses to accept an
93	93	agreement to maintain them.
94	94	SECTION 3. 84.01 (35) (d) (intro.) and 2. of the statutes are repealed.
95	95	SECTION 4. 84.01 (35) (d) 1. of the statutes is renumbered 84.01 (35) (c) 1.
96	96	(END)
97	97	1
98	98	2
99	99	3
100	100	4
101	101	5
102	102	6
103	103	7