DNR and DOT fees
The bill prohibits DNR from requiring any appraisal or charging any fee prior
to granting an easement for the construction of broadband infrastructure in
underserved areas. In addition, the bill prohibits DOT from charging any fee for the
initial issuance of any permit necessary to construct broadband infrastructure in
underserved areas.

TEACH program
Under current law, the TEACH program offers telecommunications access to
school districts, private schools, cooperative educational service agencies, technical
college districts, independent charter school authorizers, juvenile correctional
facilities, private and tribal colleges, and public library boards at discounted rates
and by subsidizing the cost of installing data lines and video links. As part of the
TEACH program, DOA awards information technology block grants to school
districts to improve information technology infrastructure. Under current law, the
information technology block grant program ends on July 1, 2017.
This bill delays the sunset of the information technology block grant program
until July 1, 2019. The bill also changes the eligibility criteria for these grants from
a school district that has 13 pupils per square mile to a school district that has 16
pupils per square mile and a membership of 2,500 or less. In addition, the bill
authorizes DOA to award an additional round of information technology block grants
before July 1, 2017. These grants are in addition to any grants a school district may
have already received under the program during the 2015-17 biennium and
therefore do not count towards the maximum amount a school district may receive
in a biennium. The bill also consolidates the appropriations for TEACH contracts
into a single appropriation. Finally, in fiscal year 2016-17, the bill transfers
$7,500,000 of moneys received under the federal e-rate program to the consolidated
appropriation for TEACH contracts.
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:
SB49,1 1Section 1. 16.994 (1) (intro.) and (a) of the statutes are amended to read:
SB49,4,22 16.994 (1) Competitive grants. (intro.) In fiscal years 2015-16 and, 2016-17,
32017-18, and 2018-19, the department may annually award grants on a competitive
4basis to eligible school districts for the purpose of improving information technology
5infrastructure. In awarding grants under this section, the department shall give
6priority to applications for school districts in which the percentage of pupils who
7satisfy the income eligibility criteria under 42 USC 1758 (b) (1) for a free or
8reduced-price lunch is greater than in other applicant school districts. The

1department shall require an applicant for a grant under this section to provide all
2of the following:
SB49,4,53 (a) A description of the specific information technology infrastructure,
4including any equipment, that the applicant intends to purchase with grant
5proceeds.
SB49,2 6Section 2. 16.994 (2) of the statutes is renumbered 16.994 (2) (intro.) and
7amended to read:
SB49,4,98 16.994 (2) Eligible school districts. (intro.) A school district is eligible for
9a grant under this section if the all of the following apply:
SB49,4,11 10(a) The school district's membership in the previous school year divided by the
11school district's area in square miles is 13 16 or less.
SB49,3 12Section 3. 16.994 (2) (b) of the statutes is created to read:
SB49,4,1413 16.994 (2) (b) The school district's membership in the previous school year was
142,500 or less.
SB49,4 15Section 4. 16.994 (3) (intro.) of the statutes is amended to read:
SB49,4,1816 16.994 (3) Maximum awards. (intro.) The total amount the department may
17award to an eligible school district under sub. (1) during the 2015-17 a fiscal
18biennium may not exceed the following:
SB49,5 19Section 5. 20.155 (1) (q) of the statutes is amended to read:
SB49,4,2520 20.155 (1) (q) Universal telecommunications service; broadband service. From
21the universal service fund, the amounts in the schedule for the promotion of
22broadband service and universal telecommunications service for the purposes
23specified in s. 196.218 (5) (a) 1., 4., 8. and, 9., and 10. Notwithstanding s. 20.001 (3)
24(a), the unencumbered balance on June 30 of each year shall be transferred to the
25appropriation account under sub. (3) (r).
SB49,6
1Section 6. 20.155 (3) (r) of the statutes is amended to read:
SB49,5,82 20.155 (3) (r) Broadband expansion grants. From the universal service fund,
3as a continuing appropriation, the amounts in the schedule all moneys transferred
4from the appropriation accounts under sub. (1) (q) and ss. 20.255 (1) (q) and (3) (q),
5(qm), and (r), 20.285 (1) (q), and 20.505 (4) (s), under 2015 Wisconsin Act 55, section
69236 (1v), and under 2017 Wisconsin Act .... (this act), section 36 (1) and (2),
for
7broadband expansion grants under s. 196.504. All moneys transferred under 2015
8Wisconsin Act 55, section 9236 (1v) shall be credited to this appropriation account.
SB49,7 9Section 7. 20.255 (1) (q) of the statutes is amended to read:
SB49,5,1510 20.255 (1) (q) Digital learning collaborative. From the universal service fund,
11the amounts in the schedule for a digital learning collaborative for the statewide web
12academy and for the delivery of digital content and collaborative instruction under
13s. 115.28 (53) and (54). Notwithstanding s. 20.001 (3) (a), the unencumbered balance
14on June 30 of each year shall be transferred to the appropriation account under s.
1520.155 (3) (r).
SB49,8 16Section 8. 20.255 (3) (q) of the statutes is amended to read:
SB49,5,2317 20.255 (3) (q) Periodical and reference information databases; Newsline for the
18Blind.
From the universal service fund, the amounts in the schedule for the
19Newsline for the Blind, provided by the Regional Library for the Blind and Physically
20Handicapped, and to contract for periodical and reference information databases
21under s. 115.28 (26). Notwithstanding s. 20.001 (3) (a), the unencumbered balance
22on June 30 of each year shall be transferred to the appropriation account under s.
2320.155 (3) (r).
SB49,9 24Section 9. 20.255 (3) (qm) of the statutes is amended to read:
SB49,6,4
120.255 (3) (qm) Aid to public library systems. From the universal service fund,
2the amounts in the schedule for state aid to public library systems under s. 43.24.
3Notwithstanding s. 20.001 (3) (a), the unencumbered balance on June 30 of each year
4shall be transferred to the appropriation account under s. 20.155 (3) (r).
SB49,10 5Section 10. 20.255 (3) (r) of the statutes is amended to read:
SB49,6,96 20.255 (3) (r) Library service contracts. From the universal service fund, the
7amounts in the schedule for library service contracts under s. 43.03 (6) and (7).
8Notwithstanding s. 20.001 (3) (a), the unencumbered balance on June 30 of each year
9shall be transferred to the appropriation account under s. 20.155 (3) (r).
SB49,11 10Section 11. 20.285 (1) (q) of the statutes is amended to read:
SB49,6,1511 20.285 (1) (q) Telecommunications services. From the universal service fund,
12the amounts in the schedule to provide telecommunications services as specified in
13s. 196.218 (5) (a) 6. Notwithstanding s. 20.001 (3) (a), the unencumbered balance on
14June 30 of each year shall be transferred to the appropriation account under s. 20.155
15(3) (r).
SB49,12 16Section 12 . 20.505 (4) (s) of the statutes is amended to read:
SB49,7,417 20.505 (4) (s) School districts; telecommunications Telecommunications access
18for educational agencies, infrastructure grants, and teacher training grants.
19Biennially, from the universal service fund, the amounts in the schedule to make
20payments to telecommunications providers under contracts under s. 16.971 (13),
21(14), and (15)
to the extent that the amounts due are not paid from the appropriation
22under sub. (1) (is), to make payments to telecommunications providers under
23contracts under s. 16.971 (16) to the extent that the amounts due are not paid from
24the appropriation under sub. (1) (kL),
to make grants to school district consortia
25under s. 16.997 (7), to make information technology infrastructure grants under s.

116.994 and 2017 Wisconsin Act .... (this act), section 35, and to make educational
2technology teacher training grants under s. 16.996. Notwithstanding s. 20.001 (3)
3(b), the unencumbered balance on June 30 of each year shall be transferred to the
4appropriation account under s. 20.155 (3) (r).
SB49,13 5Section 13 . 20.505 (4) (s) of the statutes, as affected by 2017 Wisconsin Act ....
6(this act), section 12, is amended to read:
SB49,7,197 20.505 (4) (s) Telecommunications access for educational agencies,
8infrastructure grants, and teacher training grants.
Biennially, from the universal
9service fund, the amounts in the schedule to make payments to telecommunications
10providers under contracts under s. 16.971 (13), (14), and (15) to the extent that the
11amounts due are not paid from the appropriation under sub. (1) (is), to make
12payments to telecommunications providers under contracts under s. 16.971 (16) to
13the extent that the amounts due are not paid from the appropriation under sub. (1)
14(kL), to make grants to school district consortia under s. 16.997 (7), to make
15information technology infrastructure grants under s. 16.994 and 2017 Wisconsin
16Act .... (this act), section 35
, and to make educational technology teacher training
17grants under s. 16.996. Notwithstanding s. 20.001 (3) (b), the unencumbered balance
18on June 30 of each year shall be transferred to the appropriation account under s.
1920.155 (3) (r).
SB49,14 20Section 14 . 20.505 (4) (s) of the statutes, as affected by 2017 Wisconsin Act ....
21(this act), section 13, is repealed and recreated to read:
SB49,8,722 20.505 (4) (s) Telecommunications access for educational agencies and teacher
23training grants.
Biennially, from the universal service fund, the amounts in the
24schedule to make payments to telecommunications providers under contracts under
25s. 16.971 (13), (14), and (15) to the extent that the amounts due are not paid from the

1appropriation under sub. (1) (is), to make payments to telecommunications providers
2under contracts under s. 16.971 (16) to the extent that the amounts due are not paid
3from the appropriation under sub. (1) (kL), to make grants to school district consortia
4under s. 16.997 (7), and to make educational technology teacher training grants
5under s. 16.996. Notwithstanding s. 20.001 (3) (b), the unencumbered balance on
6June 30 of each year shall be transferred to the appropriation account under s. 20.155
7(3) (r).
SB49,15 8Section 15. 20.505 (4) (t) of the statutes is repealed.
SB49,16 9Section 16. 20.505 (4) (tm) of the statutes is repealed.
SB49,17 10Section 17. 20.505 (4) (tu) of the statutes is repealed.
SB49,18 11Section 18. 20.505 (4) (tw) of the statutes is repealed.
SB49,19 12Section 19. 24.40 (3) of the statutes is created to read:
SB49,8,1713 24.40 (3) Notwithstanding s. 28.02 (5) or any contrary rule promulgated by the
14department, if the department grants an easement under sub. (1) for the
15construction of broadband infrastructure in underserved areas, as designated under
16s. 196.504 (2) (d), the department may not require any appraisal or the payment of
17any fee to secure the easement.
SB49,20 18Section 20. 86.07 (2) (a) of the statutes is amended to read:
SB49,9,1419 86.07 (2) (a) Subject to par. (b) and s. 86.16 (1m) (a) 2. and (c) and (6), no person
20shall make any excavation or fill or install any culvert or make any other alteration
21in any highway or in any manner disturb any highway or bridge without a permit
22therefor from the highway authority maintaining the highway. Such permit shall
23contain the statement and be subject to the condition that the work shall be
24constructed subject to such rules and regulations as may be prescribed by said
25authority and be performed and completed to its satisfaction, and in the case of

1temporary alterations that the highway or bridge shall be restored to its former
2condition, and that the permittee shall be liable to the town or county or state, as the
3case may be, for all damages which occur during the progress of said work or as a
4result thereof. Nothing herein shall abridge the right of the department, the county
5board or its highway committee, or any other local authority to make such additional
6rules, regulations and conditions not inconsistent herewith as may be deemed
7necessary and proper for the preservation of highways, or for the safety of the public,
8and to make the granting of any such permit conditional thereon. If any culvert is
9installed or any excavation or fill or any other alteration is made in violation of the
10provisions of this paragraph, the highway or bridge may be restored to its former
11condition by the highway authority in charge of the maintenance thereof at the
12expense of the violator; and any person who violates this paragraph shall be
13punished by a fine of not less than $50 nor more than $500, or by imprisonment not
14exceeding 6 months, or both.
SB49,21 15Section 21. 86.16 (6) of the statutes is created to read:
SB49,9,2016 86.16 (6) If the department consents under sub. (1) to the construction of
17broadband infrastructure in underserved areas, as designated under s. 196.504 (2)
18(d), the department may not charge any fee for the initial issuance of any permit
19necessary to construct broadband infrastructure along, across, or within the limits
20of a highway.
SB49,22 21Section 22. 118.40 (2r) (e) 2p. a. of the statutes is amended to read:
SB49,9,2522 118.40 (2r) (e) 2p. a. Add the amounts appropriated in the current fiscal year
23under s. 20.255 (2), except s. 20.255 (2) (ac), (bb), (fm), (fr), (fu), (k), and (m); s. 20.285
24(1) (r) and (rc); and s. 20.505 (4) (es); and the amount, as determined by the secretary
25of administration, of the appropriation under s. 20.505 (4)
(s) allocated for payments

1to telecommunications providers under contracts with school districts and
2cooperative educational service agencies under s. 16.971 (13), for grants to school
3district consortia under s. 16.997 (7), and to make educational technology teacher
4training grants under s. 16.996
.
SB49,23 5Section 23. 118.40 (2r) (e) 2p. a. of the statutes, as affected by 2015 Wisconsin
6Act 55
and 2017 Wisconsin Act .... (this act), is repealed and recreated to read:
SB49,10,147 118.40 (2r) (e) 2p. a. Add the amounts appropriated in the current fiscal year
8under s. 20.255 (2), except s. 20.255 (2) (ac), (bb), (fm), (fr), (fu), (k), and (m); and s.
920.505 (4) (es); and the amount, as determined by the secretary of administration,
10of the appropriation under s. 20.505 (4) (s) allocated for payments to
11telecommunications providers under contracts with school districts and cooperative
12educational service agencies under s. 16.971 (13), for grants to school district
13consortia under s. 16.997 (7), and to make educational technology teacher training
14grants under s. 16.996.
SB49,24 15Section 24. 196.218 (3) (a) 3. b. of the statutes is amended to read:
SB49,10,1716 196.218 (3) (a) 3. b. The amounts appropriated under ss. 20.255 (1) (q) and (3)
17(q), (qm), and (r), 20.285 (1) (q), and 20.505 (4) (s), (t), (tm), (tu), and (tw).
SB49,25 18Section 25. 196.218 (5) (a) 10. of the statutes is amended to read:
SB49,10,2019 196.218 (5) (a) 10. To make broadband expansion grants and administer the
20program
under s. 196.504.
SB49,26 21Section 26. 196.504 (1) (a) of the statutes is renumbered 196.504 (1) (ac).
SB49,27 22Section 27. 196.504 (1) (ab) of the statutes is created to read:
SB49,10,2423 196.504 (1) (ab) “Economic development” has the meaning given in s. 196.796
24(1) (c).
SB49,28 25Section 28. 196.504 (1) (ad) of the statutes is created to read:
SB49,11,4
1196.504 (1) (ad) “Fixed wireless service” has the meaning given in s. 77.51
2(3rn), except that it does not include mobile wireless service, as defined in s. 77.51
3(7k), or telecommunications services, as defined in s. 77.51 (21n), transmitted
4through the use of satellite.
SB49,29 5Section 29. 196.504 (1) (c) of the statutes is created to read:
SB49,11,76 196.504 (1) (c) “Unserved area” means an area of this state that is not served
7by an Internet service provider offering Internet service that is all of the following:
SB49,11,88 1. Fixed wireless service or wired service.
SB49,11,129 2. Provided at actual speeds of at least 20 percent of the upload and download
10speeds for high-speed, switched, broadband telecommunications capability as
11designated by the federal communications commission in its inquiries regarding
12advanced telecommunications capability under 47 USC 1302 (b).
SB49,30 13Section 30. 196.504 (2) (a) of the statutes is amended to read:
SB49,11,1814 196.504 (2) (a) To make broadband expansion grants to eligible applicants for
15the purpose of constructing broadband infrastructure in underserved areas
16designated under par. (d). Grants awarded under this section shall be paid from the
17appropriation appropriations under s. 20.155 (1) (q) and (3) (r). In each fiscal year,
18the total amount of the grants may not exceed $1,500,000.
SB49,31 19Section 31. 196.504 (2) (c) of the statutes is amended to read:
SB49,12,1120 196.504 (2) (c) To establish criteria for evaluating applications and awarding
21grants under this section. The criteria shall prohibit grants that have the effect of
22subsidizing the expenses of a provider of telecommunications service, as defined in
23s. 182.017 (1g) (cq), or the monthly bills of customers of those providers. The criteria
24shall give priority to projects that include matching funds, that involve
25public-private partnerships, that affect areas with no broadband service providers

1unserved areas, that are scalable, that promote economic development, that will not
2result in delaying the provision of broadband service to areas neighboring areas to
3be served by the proposed project,
or that affect a large geographic area or a large
4number of underserved individuals or communities. When evaluating grant
5applications under this section, the commission shall consider the degree to which
6the proposed projects would duplicate existing broadband infrastructure,
7information about the presence of which is provided to the commission by the
8applicant or another person within a time period designated by the commission; the
9impacts of the proposed projects on the ability of individuals to access health care
10services from home and the cost of those services; and the impacts of the proposed
11projects on the ability of students to access educational opportunities from home.
SB49,32 12Section 32. 196.504 (2) (e) of the statutes is created to read:
SB49,12,1313 196.504 (2) (e) To designate areas of the state as unserved areas.
SB49,33 14Section 33. 2015 Wisconsin Act 55, section 800d is repealed.
SB49,34 15Section 34. 2015 Wisconsin Act 55, section 9401 (1f) is amended to read:
SB49,12,1916[2015 Wisconsin Act 55] Section 9401 (1f) Information technology block
17grants; sunset.
The treatment of sections 20.505 (4) (s) (by Section 800d) and section
18196.218 (5) (a) 12. (by Section 3532d) of the statutes and the repeal of section 16.994
19of the statutes take effect on July 1, 2017 2019.
SB49,35 20Section 35 . Nonstatutory provisions.
SB49,12,2221 (1) Additional one-time information technology infrastructure block
22grants.
SB49,13,623 (a) Before July 1, 2017, from the appropriation under section 20.505 (4) (s) of
24the statutes, the department of administration may award grants on a competitive
25basis to eligible school districts for the purpose of improving information technology

1infrastructure. In awarding grants under this subsection, the department of
2administration shall give priority to applications for school districts in which the
3percentage of pupils who satisfy the income eligibility criteria under 42 USC 1758
4(b) (1) for a free or reduced-price lunch is greater than in other applicant school
5districts. The department of administration shall require an applicant for a grant
6under this subsection to provide all of the following:
SB49,13,8 71. A description of the specific information technology infrastructure, including
8any equipment, that the applicant intends to purchase with grant proceeds.
SB49,13,10 92. The applicant's plan to purchase, install, and use the information technology
10infrastructure described in subdivision 1 .
SB49,13,12 113. A description of the applicant's readiness to use information technology
12infrastructure purchased with grant proceeds.
SB49,13,1413 (b) A school district is eligible for a grant under this subsection if all of the
14following apply:
SB49,13,16 151. The school district's membership in the previous school year divided by the
16school district's area in square miles is 16 or less.
SB49,13,18 172. The school district's membership in the previous school year was 2,500 or
18less.
SB49,13,2019 (c) The total amount the department of administration may award to an eligible
20school district under this subsection may not exceed the following:
SB49,13,22 211. If the membership of the eligible school district is fewer than 750 pupils,
22$30,000.
SB49,13,24 232. If the membership of the eligible school district is 750 pupils to 1,500 pupils,
24$40 multiplied by the school district's membership.
SB49,14,2
13. If the membership of the eligible school district is more than 1,500 pupils,
2$60,000.
SB49,14,53 (d) The department of administration may not count a grant awarded under
4this subsection towards the maximum amount a school district may receive under
5section 16.994 (3) of the statutes.
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