Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB247 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Date of enactment: ~~June 21, 2023~~
2		-	2023 Senate Bill 247 Date of publication*: ~~June 22, 2023~~
3		-	2023 WISCONSIN ACT 13
	1	+	Date of enactment:
	2	+	2023 Senate Bill 247 Date of publication*:
	3	+	2023 WISCONSIN ACT
4	4		AN ACT to amend 86.31 (2) (a); and to create 86.31 (1) (ao) and 86.31 (3o) of the statutes; relating to: an agricultural
5	5		roads improvement grant program.
6	6		The people of the state of Wisconsin, represented in
7	7		senate and assembly, do enact as follows:
8	8		SECTION 1. 86.31 (1) (ao) of the statutes is created to
9	9		read:
10	10		86.31 (1) (ao) “Eligible agricultural road project”
11	11		means a project that is eligible for a grant under sub. (3o)
12	12		(b).
13	13		SECTION 2. 86.31 (2) (a) of the statutes is amended
14	14		to read:
15	15		86.31 (2) (a) The department shall administer a local
16	16		roads improvement program to accelerate the improve-
17	17		ment of seriously deteriorating local roads and, under
18	18		sub. (3o), of agricultural roads improvements by reim-
19	19		bursing political subdivisions for improvements. The
20	20		selection of improvements that may be funded under the
21	21		program shall be performed by officials of each political
22	22		subdivision, consistent with par. (h) and the requirements
23	23		of subs. (3), (3g), (3m), (3o), and (3r). The department
24	24		shall notify each county highway commissioner of any
25	25		deadline that affects eligibility for reimbursement under
26	26		the program no later than 15 days before such deadline.
27	27		SECTION 3. 86.31 (3o) of the statutes is created to
28	28		read:
29	29		86.31 (3o) AGRICULTURAL ROADS IMPROVEMENTS. (a)
30	30		1. Any funds directed for agricultural roads improve-
31	31		ments under this subsection shall be distributed as grants
32	32		to reimburse political subdivisions for eligible agricul-
33	33		tural road projects or expended for reimbursable costs by
34	34		the department acting as a fiscal agent under par. (i).
35	35		2. The department shall prescribe the form, nature,
36	36		and extent of information that shall be contained in appli-
37	37		cations for grants under this subsection. If the application
38	38		is for a project to improve a class “B” highway, the
39	39		department shall require the applicant to state when the
40	40		highway was designated as a class “B” highway under s.
41	41		349.15. To the extent feasible, the department shall do all
42	42		of the following:
43	43		a. Develop an application that does not exceed 2
44	44		pages in length.
45	45		b. Prescribe a simple and clear application process
46	46		that is reasonably accessible to political subdivisions
47	47		with limited staffing resources.
48	48		(b) An agricultural road project is not eligible for a
49	49		grant under this subsection unless all of the following
50	50		apply:
51	51		1. The project is to improve a highway functionally
52	52		classified by the department as a local road or minor col-
53	53		lector or a bridge or culvert on a highway functionally
54	54		classified by the department as a local road or minor col-
55	55		lector.
56	56		2. If the project is solely for the improvement of a
57	57		bridge or culvert, the bridge or culvert is 20 feet or less
58	58		* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s
59		-	partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” − 2 −2023 Wisconsin Act 13 2023 Senate Bill 247
	59	+	partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” − 2 −2023 Wisconsin Act 2023 Senate Bill 247
60	60		in length and is not eligible for funding under a federal
61	61		program providing funding for bridge improvements.
62	62		3. The highway, bridge, or culvert under subd. 1. pro-
63	63		vides access to agricultural lands or facilities used for the
64	64		production of agricultural goods, including forest prod-
65	65		ucts, and is used by at least one agricultural producer.
66	66		4. The highway under subd. 1. or the highway upon
67	67		which the bridge or culvert under subd. 1. is located is
68	68		designated as a class “B” highway under s. 349.15 due to
69	69		structural deficiencies or has been subject to a posted
70	70		weight limitation for at least one month during the previ-
71	71		ous year.
72	72		5. After completion of the project, except as provided
73	73		under par. (k), the highway under subd. 4. will not be des-
74	74		ignated as a class “B” highway under s. 349.15 and will
75	75		not be subject to a posted weight limitation other than
76	76		under extraordinary or emergency circumstances.
77	77		6. The highway, bridge, or culvert under subd. 1. is
78	78		maintained by a political subdivision.
79	79		(c) In awarding grants under this subsection, subject
80	80		to par. (d), the department and the committee under par.
81	81		(j), with information from affected highway users, shall
82	82		select projects that provide the greatest benefit to agricul-
83	83		tural producers in this state using the following criteria:
84	84		1. Projects that improve access by the largest number
85	85		of agricultural producers to agricultural lands or facilities
86	86		used for the production of agricultural goods, including
87	87		forest products.
88	88		2. Projects that will result in reduction of any of the
89	89		following for agricultural producers:
90	90		a. Repeated trips at reduced weights.
91	91		b. Labor costs.
92	92		c. Fuel costs.
93	93		d. Mileage upon and damage to equipment used in
94	94		agricultural production.
95	95		e. Costs other than those in subd. 2. a. to d. resulting
96	96		from a highway being designated as a class “B” highway
97	97		under s. 349.15 or being subject to a posted weight limit
98	98		under other than extraordinary or emergency circum-
99	99		stances.
100	100		3. Projects that will result in the greatest positive eco-
101	101		nomic impact. Under this subdivision, the department
102	102		and the committee shall consider the number of employ-
103	103		ees and the amount of agricultural product sales from
104	104		agricultural producers that would be directly affected by
105	105		the project.
106	106		4. Projects for which the access provided under par.
107	107		(b) 3. is the only feasible access to the lands or facilities.
108	108		5. Projects that are the subject of a grant application
109	109		by a political subdivision that faces demonstrable fiscal
110	110		or administrative difficulties in completing highway
111	111		projects.
112	112		6. Projects that will result in the transportation of the
113	113		largest amount of agricultural goods, including forest
114	114		products.
115	115		7. Projects that improve access to agricultural lands
116	116		or facilities used for the production of agricultural goods,
117	117		including forest products, for more than one agricultural
118	118		producer.
119	119		(d) The department shall attempt to award grants
120	120		under this subsection to political subdivisions in all geo-
121	121		graphic areas of the state.
122	122		(e) The department may make grants under this sub-
123	123		section of up to 90 percent of reimbursable costs.
124	124		(f) Reimbursable costs under this subsection include
125	125		any costs related to an eligible agricultural road project,
126	126		including costs of initial plan design and engineering,
127	127		planning, designing, engineering, and construction of an
128	128		eligible agricultural road project.
129	129		(g) Notwithstanding sub. (4), upon request by a polit-
130	130		ical subdivision for partial payment not more frequently
131	131		than quarterly, the department shall reimburse any reim-
132	132		bursable costs incurred by the political subdivision for an
133	133		eligible agricultural road project.
134	134		(h) A political subdivision may pay for or otherwise
135	135		obtain engineering and design work for a project funded
136	136		by a grant under this subsection from the department or
137	137		from another source.
138	138		(i) Upon request by the grantee, the department shall
139	139		be designated as a fiscal agent of a grantee for the pur-
140	140		poses of a project funded by a grant under this subsection.
141	141		If acting as a fiscal agent under this paragraph, the depart-
142	142		ment shall, upon request, pay reimbursable costs for an
143	143		agricultural road project when incurred and retain or
144	144		receive grant moneys as reimbursement for these pay-
145	145		ments.
146	146		(j) The department shall establish a committee to
147	147		review grant applications and award grants under this
148	148		subsection. The committee shall consist of members
149	149		appointed by the secretary, have geographically diverse
150	150		representation, and include as members representatives
151	151		of agricultural industries and political subdivisions with
152	152		jurisdiction of highways, bridges, or culverts that are eli-
153	153		gible for grants under par. (b). The secretary or designee
154	154		shall serve as a nonvoting member of the committee. The
155	155		committee members shall serve a term equal to the dura-
156	156		tion of the program under this subsection.
157	157		(k) Notwithstanding ss. 349.15 (2) and 349.16 (1), no
158	158		highway, bridge, or culvert improved under this subsec-
159	159		tion may be designated as a class “B” highway under s.
160	160		349.15 or be subject to a posted weight limitation other
161	161		than under extraordinary or emergency circumstances
162	162		unless the political subdivision having jurisdiction of the
163	163		highway, bridge, or culvert obtains a pavement or struc-
164	164		tural analysis performed by a professional engineer or the
165	165		county highway commissioner for the county in which
166	166		the highway, bridge, or culvert is located supports the
167	167		weight limitation and certifies to the department the rea-
168		-	son for the weight limitation. − 3 − 2023 Wisconsin Act 13 2023 Senate Bill 247
	168	+	son for the weight limitation. − 3 − 2023 Wisconsin Act 2023 Senate Bill 247
169	169		(L) By July 1, 2025, and annually thereafter, the
170	170		department in consultation with the department of agri-
171	171		culture, trade and consumer protection shall submit a
172	172		report on the program under this subsection to the joint
173	173		committee on finance and the standing committee of each
174	174		house of the legislature having jurisdiction over trans-
175	175		portation. The report shall provide the number and total
176	176		amount of grants awarded, and an estimate of the eco-
177	177		nomic impact of projects funded, under this subsection
178	178		during the previous year and over the lifetime of the pro-
179	179		gram. The department of transportation is not required to
180	180		submit a report under this paragraph if no expenditures
181	181		were made under this subsection in the previous year.
182	182		(m) 1. After 3 years after the effective date of this
183	183		subdivision .... [LRB inserts date], the department may
184	184		not award a grant under this subsection.
185	185		2. After 5 years after the effective date of this subdivi-
186	186		sion .... [LRB inserts date], the department may not reim-
187	187		burse any costs incurred under this subsection.
188	188		(n) Except as provided in pars. (k) and (m) 2., this
189	189		subsection does not apply after 5 years after the effective
190	190		date of this paragraph .... [LRB inserts date].