_Hlk49297383594. State Highway Construction – "Replace-In-Kind" Alternative Requirement Sections 1221m and 9345 (4t)
These sections require the Department of Transportation to study, consider and provide a cost estimate for a "replace-in-kind" alternative when developing state highway construction projects plans. These sections define "replace-in-kind" alternatives as plans that would not include bicycle lanes, added lanes of travel or significant design modifications that would include any of the following: (a) geometric or safety modifications, (b) changes to highway alignment, or (c) changes to access points. These sections would first apply to a highway improvement project commenced on the effective date of the bill.
I am vetoing these sections because placing these requirements in statute is both unnecessary and potentially costly. The provisions are unnecessary because the Department of Transportation has already adopted a "replace-in-kind" approach as a standard strategy to limit the scope and cost of construction projects. This provision is also potentially costly because the placement of this requirement in statute may force the development of plans that will be known from the start as imprudent if clear safety or congestion needs unquestionably merit something beyond a "replace-in-kind" project plan.
_Hlk49297389395. Initial Applicability of the Repeal of Prevailing Wage Law Section 9452 (2w)
This section establishes when the bill’s repeal of the state’s prevailing wage law goes into effect. This section specifies, for a project of public works that is subject to bidding, the prevailing wage repeal first applies to a project for which the request for bids is issued on or after September 1, 2018. In addition, this section specifies that for a project of public works that is not subject to bidding, the prevailing wage repeal first applies to a contract that is entered into on or after September 1, 2018.
I am vetoing this section because I object to making the taxpayers of Wisconsin wait for nearly a year before they can begin to benefit from the cost savings to be created by the repeal of the state’s prevailing wage laws. As a result of my veto, the delay of the repeal to September 1, 2018, will be deleted, so that the repeal of the state’s prevailing wage law will, instead, be effective with the effective date of the 2017-19 budget bill as a whole – and consequently, the effective date will be the day after publication of this budget act rather than nearly a year from now.
96. Transportation Projects Commission Temporary Changes
Sections 8bt, 8c, 8d, 8e, 8f, 8g, 8h, 8i, 8j, 8k, 8L, 8m, 8n, 183 [as it relates to s. 20.395 (4) (ab) and s. 20.865 (4) (a)], 362m, 507d, 1216bg, 1216bi, 1757m, 9145 (1f), 9145 (2f) and 9445 (1f) These provisions make numerous changes to the Transportation Projects Commission and the Department of Transportation’s duties pertaining to the commission. These changes include modifying the membership of the Transportation Projects Commission, providing staff and funding for the commission, specifying duties and the authority of the commission, requiring the Department of Transportation to provide specific information to the Transportation Projects Commission, requiring the commission to produce certain reports, and requiring an independent engineering firm to prepare a report reviewing the department’s construction standards and project prioritization. These provisions also create a new biennial appropriation with $150,000 GPR in fiscal year 2017-18 to fund the initial costs for the Transportation Projects Commission and include an additional $550,000 GPR in fiscal year 2017-18 in the Joint Committee on Finance's supplemental appropriation to fund costs associated with staff for the commission. Certain duties and the statutory specification of the membership of the commission, under these provisions, sunset after June 30, 2021. The commission is initially provided 3.0 FTE GPR positions and may request an additional 4.0 FTE GPR positions through the Joint Committee on Finance.
I am fully vetoing these provisions as they pertain to the Transportation Projects Commission and the positions for the commission because I object to the creation of the duplicative functions and duties that these provisions create. I am also vetoing these provisions to eliminate wasteful and unnecessary spending.
I am retaining, however, the requirement that the department contract with an independent engineering firm to prepare a report reviewing the department’s construction standards and project prioritization. I am partially vetoing the section that specifies the scope and due date of the independent engineering report, however, to eliminate the requirement that the department undertake the engineering study in consultation with the commission. I am making this partial veto because it is unnecessary to specify that the department must consult with the commission especially once the unneeded staffing for the commission is eliminated.
Under my veto, both the appropriation for $150,000 GPR for the Transportation Projects Commission and the initial 3.0 FTE GPR positions are eliminated. In addition, I am writing down the GPR supplemental appropriation for the Joint Committee on Finance by $550,000 in fiscal year 2017-18 by lining out the amount under s. 20.865 (4) (a) for that fiscal year and writing in a smaller amount to eliminate the funding set aside for additional Transportation Projects Commission staffing costs. I am also requesting the Department of Administration secretary to not allot these funds. I am further vetoing the provision allowing the commission to request up to an additional 4.0 FTE GPR positions under a 14-day passive review request to the Joint Committee on Finance. I am, however, directing the department to create an Office of Inspector General. The sections pertaining to the Transportation Projects Commission include numerous problems and duplications. The staff provided to the commission would duplicate the duties of existing department positions. Permanent year-round positions for the commission are also wasteful because the activity of the commission is cyclical. The broad authority that these provisions give to the commission staff to access any record of the department means personal information from driver licenses, driver medical records and law enforcement investigations is available to the commission – thus jeopardizing the state’s compliance with confidentiality laws. Changing the membership of the commission whereby the secretary of the Department of Transportation is potentially not a member creates a potential gap in program prioritization and the flow of information. Requiring commission staff to produce reports which are redundant with Department of Transportation duties is unnecessary. Sunsetting provisions pertaining to the commission’s membership and duties after June 30, 2021, creates unnecessary disruption to highway programming activities and oversight.
97. Transfer of Segregated Funds
Sections 359p and 9145 (4w)
These provisions require the Department of Transportation to study and report on the effects of consolidating SEG in the surface transportation program and replacing these funds with FED from the state highway program. This report is required to be submitted to the Joint Committee on Finance no later than May 1, 2018. These provisions further permit the department to submit a s. 13.10 request to the Joint Committee on Finance that would accomplish such transfers and would require such requests to include an estimate of the potential savings or costs to local governments. In addition, these provisions create a SEG continuing appropriation under which funds could be transferred to implement any actions by the Committee. I am partially vetoing these provisions because I object to the limitations created in this budget on the allocation of segregated funds among highway projects. The limitations placed on the amounts provided for the southeast Wisconsin freeway megaprojects and the major highway projects, in particular, will inhibit the department’s ability to allocate funds in the most advantageous manner especially in light of the I-94 north-south corridor project funding provided for in separate legislation.
As a result of my partial vetoes of these sections, the department will be able to make dollar-for-dollar reallocations among all state and local road and highway projects – including the southeast Wisconsin freeway megaprojects. My veto will ensure that the state can maximize the use of federal matching dollars and begin to implement state efforts to reduce local government’s costs immediately. While no overall increase in spending will be permitted by my partial vetoes, critical reallocations, especially to advance the southeast Wisconsin freeway megaprojects will be enabled. None of these reallocations, however, will hinder my earlier commitment to keep all major projects on schedule to the highest degree possible within the overall funding provided under the budget bill.
I am also partially vetoing the Joint Committee of Finance review of reallocations under this provision because such review may impede the speed of the department’s efforts to bring projects to completion. I am further partially vetoing the requirement that the department provide a report on the consolidation of funds to the Committee by May 1, 2018, because the study of such consolidation should remain as an ongoing function. My partial vetoes retain, however, the requirement for the department to study the effects of consolidating state moneys in the surface transportation program as our efforts to examine means to reduce local government costs must continue.
98. Railroad Corporation Condemnation Authority
Sections 585i and 585k
These sections require that prior to a railroad corporation acquiring any property through condemnation that exceeds 100 feet in width, the Legislature must enact a law that states a legislative finding that the railroad corporation's acquisition serves the public interest, and that authorizes the acquisition of the property or property interest.
I am vetoing these sections because it is possible that this limitation may be deemed an unreasonable interference with railroad transportation, which is prohibited by federal law. In addition, I am vetoing these sections because the requirement that the Legislature must enact a law prior to the acquisition of property through condemnation may cause excessive delays in railroad projects necessary for economic growth in the state.
