LRB-5836/1
ZDW:amn
2021 - 2022 LEGISLATURE
March 9, 2022 - Introduced by Senator Petrowski, cosponsored by Representative
Plumer. Referred to Committee on Transportation and Local Government.
SB1075,1,10
1An Act to renumber 84.063 (1) (a) and 84.063 (1) (b);
to renumber and amend
284.063 (3) (c);
to amend 84.01 (31), 84.062 (1) (L), 84.063 (2) (a), 84.063 (2) (b),
384.063 (3) (title), 84.063 (3) (a), 84.063 (3) (b) (intro.), 84.063 (3) (b) 1., 84.063
4(3) (d), 84.063 (4) (title), 84.063 (4) (b) and 84.063 (4) (c); and
to create 84.063
5(1) (d), 84.063 (1) (f), 84.063 (1) (g), 84.063 (1) (h), 84.063 (3) (ag), 84.063 (3) (c)
62., 84.063 (3) (cd), 84.063 (3) (e), 84.063 (3g), 84.063 (3r), 84.063 (4) (d), 84.063
7(4) (e), 84.063 (4) (f) and 84.063 (4) (g) of the statutes;
relating to: relocation
8of utilities in a highway right-of-way, modifying administrative rules
9promulgated by the Department of Transportation, and providing an
10exemption from emergency rule procedures.
Analysis by the Legislative Reference Bureau
This bill makes numerous changes to requirements relating to the relocation
of utility facilities located in a highway right-of-way. “Utility facility” means any
pipe, pipeline, duct, wire line, conduit, pole, tower, equipment, or other structure
used for transmission, distribution, or delivery of electrical power, light, heat, water,
gas, sewer, telegraph, or telecommunication services.
Under current law, if a utility facility is within the right-of-way of a proposed
highway project, the Department of Transportation must notify the owner, who must
then provide DOT with a description and general location of each utility facility. DOT
must then provide the owner with a set of plans for the proposed project. The owner
must submit a work plan to DOT proposing any relocations or adjustments to utility
facilities required by the proposed project. DOT must review work plans for
compliance with permit requirements and, once approved, notify the owner when
utility facility relocation work may begin. The bill creates deadlines by which the
various steps of this process must occur.
The bill provides that an owner must complete the work described in the work
plan according to the specified schedule. An owner must notify DOT immediately if
the owner cannot meet a scheduling deadline or must otherwise deviate from an
approved work plan.
The bill provides that, subject to conditions, DOT must compensate the
highway project contractor for delay costs that are the result of 1) DOT advertising
or letting a project prior to certification of completion of utility facility work; 2) DOT
advertising or letting a project that allows utility facility work after advertising or
during construction; 3) DOT allowing or requiring utility facility work after letting
and during construction that is different from the approved work plan or schedule;
or 4) any utility conflict not identified in the schedule, bid materials, or any bid
addendum within construction limits. Under the bill, an owner is liable to DOT for
any damage amounts.
The bill repeals administrative rules promulgated by DOT relating to utility
facilities relocation and requires DOT to promulgate rules to administer the utility
facilities relocation process, as modified by this bill.
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:
SB1075,1
1Section
1. 84.01 (31) of the statutes is amended to read:
SB1075,3,52
84.01
(31) Accommodation of utility facilities within highway rights-of-way. 3Notwithstanding ss. 84.06 (4), 84.063, 84.065, and 84.093, the department may, upon
4finding that it is feasible and advantageous to the state, negotiate and enter into an
5agreement to accept any plant or equipment used for the conveyance, by wire, optics,
6radio signal, or other means, of voice, data, or other information at any frequency
7over any part of the electromagnetic spectrum, or to accept any services associated
1with the collection, storage, forwarding, switching, and delivery incidental to such
2communication, as payment for the accommodation of a utility facility, as defined in
3s. 84.063 (1)
(b) (i), within a highway right-of-way. Any agreement under this
4subsection is exempt from ss. 16.70 to 16.75, 16.755 to 16.82, and 16.85 to 16.89, but
5ss. 16.528, 16.752, and 16.754 apply to such agreement.
SB1075,3,98
84.062
(1) (L) “Project” means a project involving a highway improvement, as
9defined in s. 84.063 (1)
(a) (e).
SB1075,3
10Section 3
. 84.063 (1) (a) of the statutes is renumbered 84.063 (1) (e).
SB1075,4
11Section 4
. 84.063 (1) (b) of the statutes is renumbered 84.063 (1) (i).
SB1075,5
12Section 5
. 84.063 (1) (d) of the statutes is created to read:
SB1075,3,1413
84.063
(1) (d) “Approved work plan” means a work plan approved under sub.
14(3) (c) or (cm) or modified under sub. (3) (d).
SB1075,6
15Section
6. 84.063 (1) (f) of the statutes is created to read:
SB1075,3,1716
84.063
(1) (f) “Highway improvement contractor” means a person seeking a
17highway improvement contract with the department under s. 84.06.
SB1075,7
18Section
7. 84.063 (1) (g) of the statutes is created to read:
SB1075,3,1919
84.063
(1) (g) “Owner” means an owner of a utility facility.
SB1075,8
20Section 8
. 84.063 (1) (h) of the statutes is created to read:
SB1075,3,2221
84.063
(1) (h) “Permit” means a permit for the adjustment or relocation of a
22utility facility in a highway right-of-way.
SB1075,9
23Section
9. 84.063 (2) (a) of the statutes is amended to read:
SB1075,4,3
184.063
(2) (a) If
the department determines that a utility facility is
likely within
2the right-of-way of a proposed highway improvement, the department shall identify
3the owner and notify the owner in writing of the proposed improvement.
SB1075,10
4Section
10. 84.063 (2) (b) of the statutes is amended to read:
SB1075,4,95
84.063
(2) (b)
Within a specified period after the date the notice is received No
6later than 60 days after receipt of the notice under par. (a),
the utility facility each 7owner shall provide the department with a description and the general location of
8each utility facility in the proposed highway improvement right-of-way
, in the
9manner required by the department after reasonable consultation with each owner.
SB1075,11
10Section
11. 84.063 (3) (title) of the statutes is amended to read:
SB1075,4,1111
84.063
(3) (title)
Plans Work planning.
SB1075,12
12Section
12. 84.063 (3) (a) of the statutes is amended to read:
SB1075,4,1613
84.063
(3) (a) If
a utility facility an owner provides the information required
14under sub. (2)
(b), the department shall
send provide the
utility facility owner
at least 15one set of available project plans for the proposed highway improvement, including
16the location of the owner's existing utility facilities.
SB1075,13
17Section
13. 84.063 (3) (ag) of the statutes is created to read:
SB1075,4,2218
84.063
(3) (ag) 1. Except as provided in subd. 2., the owner shall provide the
19department a proposed work plan to adjust or relocate the utility facility to
20accommodate the proposed highway improvement containing all the material
21required under par. (b), no later than the following number of days after receipt of
22a project plan under par. (a) as determined by the department:
SB1075,4,2323
a. For a resurfacing project, 60 days.
SB1075,4,2424
b. For a minor reconditioning project, 90 days.
SB1075,5,2
1c. For a major reconditioning, reconstruction, or new construction project, 120
2days.
SB1075,5,43
2. If the owner is required to coordinate its proposed work plan with another
4owner, the applicable period under subd. 1. is increased by 30 days.
SB1075,14
5Section
14. 84.063 (3) (b) (intro.) of the statutes is amended to read:
SB1075,5,116
84.063
(3) (b) (intro.)
Within a specified period after receiving the project plans,
7the owner shall provide the department with a work plan. The period of time within
8which the owner is required to provide the department with a work plan shall reflect
9whether the utility facility owner is required to coordinate its work plan with another
10utility facility owner. The
proposed work plan provided by the owner shall include
11all of the following:
SB1075,15
12Section
15. 84.063 (3) (b) 1. of the statutes is amended to read:
SB1075,5,1613
84.063
(3) (b) 1. A copy of the project plans that verifies the location of all of the
14owner's existing utility facilities specified on the plans
provided by the department
15and that identifies the owners' proposed location of relocated or additional utility
16facilities within the right-of-way of the proposed improvement.
SB1075,16
17Section
16. 84.063 (3) (c) of the statutes is renumbered 84.063 (3) (c) (intro.)
18and amended to read:
SB1075,5,2219
84.063
(3) (c) (intro.)
The
No later than 30 days after receipt, the department
20shall review
and approve a
proposed work plan submitted under par.
(b) for
21compliance with permit requirements and to ensure that the plan
(ag) and shall do
22one of the following:
SB1075,5,24
231. Approve the work plan if the department determines that the work plan is
24reasonable
and can be accommodated within the proposed project.