SB1075: Bill Text

LRB-5836/1

ZDW:amn

2021 - 2022 LEGISLATURE

2021 Senate BILL 1075

March 9, 2022 - Introduced by Senator Petrowski, cosponsored by Representative Plumer. Referred to Committee on Transportation and Local Government.

SB1075,1,10 An Act to renumber 84.063 (1) (a) and 84.063 (1) (b); to renumber and amend 84.063 (3) (c); to amend 84.01 (31), 84.062 (1) (L), 84.063 (2) (a), 84.063 (2) (b), 84.063 (3) (title), 84.063 (3) (a), 84.063 (3) (b) (intro.), 84.063 (3) (b) 1., 84.063 (3) (d), 84.063 (4) (title), 84.063 (4) (b) and 84.063 (4) (c); and to create 84.063 (1) (d), 84.063 (1) (f), 84.063 (1) (g), 84.063 (1) (h), 84.063 (3) (ag), 84.063 (3) (c) 2., 84.063 (3) (cd), 84.063 (3) (e), 84.063 (3g), 84.063 (3r), 84.063 (4) (d), 84.063 (4) (e), 84.063 (4) (f) and 84.063 (4) (g) of the statutes; relating to: relocation of utilities in a highway right-of-way, modifying administrative rules promulgated by the Department of Transportation, and providing an exemption 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 Section 1. 84.01 (31) of the statutes is amended to read:

SB1075,3,5 84.01 (31) Accommodation of utility facilities within highway rights-of-way. Notwithstanding ss. 84.06 (4), 84.063, 84.065, and 84.093, the department may, upon finding that it is feasible and advantageous to the state, negotiate and enter into an agreement to accept any plant or equipment used for the conveyance, by wire, optics, radio signal, or other means, of voice, data, or other information at any frequency over any part of the electromagnetic spectrum, or to accept any services associated with the collection, storage, forwarding, switching, and delivery incidental to such communication, as payment for the accommodation of a utility facility, as defined in s. 84.063 (1) (b) (i), within a highway right-of-way. Any agreement under this subsection is exempt from ss. 16.70 to 16.75, 16.755 to 16.82, and 16.85 to 16.89, but ss. 16.528, 16.752, and 16.754 apply to such agreement.

SB1075,2 Section 2 . 84.062 (1) (L) of the statutes, as created by 2021 Wisconsin Act 58, is amended to read:

SB1075,3,9 84.062 (1) (L) “Project” means a project involving a highway improvement, as defined in s. 84.063 (1) (a) (e).

SB1075,3 Section 3 . 84.063 (1) (a) of the statutes is renumbered 84.063 (1) (e).

SB1075,4 Section 4 . 84.063 (1) (b) of the statutes is renumbered 84.063 (1) (i).

SB1075,5 Section 5 . 84.063 (1) (d) of the statutes is created to read:

SB1075,3,14 84.063 (1) (d) “Approved work plan” means a work plan approved under sub. (3) (c) or (cm) or modified under sub. (3) (d).

SB1075,6 Section 6. 84.063 (1) (f) of the statutes is created to read:

SB1075,3,17 84.063 (1) (f) “Highway improvement contractor” means a person seeking a highway improvement contract with the department under s. 84.06.

SB1075,7 Section 7. 84.063 (1) (g) of the statutes is created to read:

SB1075,3,19 84.063 (1) (g) “Owner” means an owner of a utility facility.

SB1075,8 Section 8 . 84.063 (1) (h) of the statutes is created to read:

SB1075,3,22 84.063 (1) (h) “Permit” means a permit for the adjustment or relocation of a utility facility in a highway right-of-way.

SB1075,9 Section 9. 84.063 (2) (a) of the statutes is amended to read:

SB1075,4,3 84.063 (2) (a) If the department determines that a utility facility is likely within the right-of-way of a proposed highway improvement, the department shall identify the owner and notify the owner in writing of the proposed improvement.

SB1075,10 Section 10. 84.063 (2) (b) of the statutes is amended to read:

SB1075,4,9 84.063 (2) (b) Within a specified period after the date the notice is received No later than 60 days after receipt of the notice under par. (a), the utility facility each owner shall provide the department with a description and the general location of each utility facility in the proposed highway improvement right-of-way , in the manner required by the department after reasonable consultation with each owner.

SB1075,11 Section 11. 84.063 (3) (title) of the statutes is amended to read:

SB1075,4,11 84.063 (3) (title) Plans Work planning.

SB1075,12 Section 12. 84.063 (3) (a) of the statutes is amended to read:

SB1075,4,16 84.063 (3) (a) If a utility facility an owner provides the information required under sub. (2) (b), the department shall send provide the utility facility owner at least one set of available project plans for the proposed highway improvement, including the location of the owner's existing utility facilities.

SB1075,13 Section 13. 84.063 (3) (ag) of the statutes is created to read:

SB1075,4,22 84.063 (3) (ag) 1. Except as provided in subd. 2., the owner shall provide the department a proposed work plan to adjust or relocate the utility facility to accommodate the proposed highway improvement containing all the material required under par. (b), no later than the following number of days after receipt of a project plan under par. (a) as determined by the department:

SB1075,4,23 a. For a resurfacing project, 60 days.

SB1075,4,24 b. For a minor reconditioning project, 90 days.

SB1075,5,2 c. For a major reconditioning, reconstruction, or new construction project, 120 days.

SB1075,5,4 2. If the owner is required to coordinate its proposed work plan with another owner, the applicable period under subd. 1. is increased by 30 days.

SB1075,14 Section 14. 84.063 (3) (b) (intro.) of the statutes is amended to read:

SB1075,5,11 84.063 (3) (b) (intro.) Within a specified period after receiving the project plans, the owner shall provide the department with a work plan. The period of time within which the owner is required to provide the department with a work plan shall reflect whether the utility facility owner is required to coordinate its work plan with another utility facility owner. The proposed work plan provided by the owner shall include all of the following:

SB1075,15 Section 15. 84.063 (3) (b) 1. of the statutes is amended to read:

SB1075,5,16 84.063 (3) (b) 1. A copy of the project plans that verifies the location of all of the owner's existing utility facilities specified on the plans provided by the department and that identifies the owners' proposed location of relocated or additional utility facilities within the right-of-way of the proposed improvement.

SB1075,16 Section 16. 84.063 (3) (c) of the statutes is renumbered 84.063 (3) (c) (intro.) and amended to read:

SB1075,5,22 84.063 (3) (c) (intro.) The No later than 30 days after receipt, the department shall review and approve a proposed work plan submitted under par. (b) for compliance with permit requirements and to ensure that the plan (ag) and shall do one of the following:

SB1075,5,24 1. Approve the work plan if the department determines that the work plan is reasonable and can be accommodated within the proposed project.

SB1075,6,3 (cb) Approval of a work plan under this paragraph par. (c) does not waive any requirement for approval of the work plan by any other governmental agency. The utility facility

SB1075,6,8 (cm) An owner shall notify the department when all required approvals required to commence work under the approved work plan have been obtained. After receiving the notification that all approvals have been obtained, the department shall notify the owner of the date on which the owner may proceed with its utility facility relocation work under the approved work plan.