AB822: Bill Text

2025 - 2026 LEGISLATURE

LRB-5614/1

EVM:cdc&emw

2025 ASSEMBLY BILL 822

January 6, 2026 - Introduced by Representatives Green, Allen, Armstrong, Callahan, Gundrum, Hurd, Kitchens, Kreibich, Kurtz, Mursau, Novak, Spiros, Summerfield and Swearingen, cosponsored by Senator Marklein. Referred to Committee on Transportation.

AB822,1,5 An Act to amend 86.31 (1) (b), 86.31 (2) (b) and 86.31 (2) (e); to repeal and recreate 86.31 (2) (h); to create 86.31 (1) (an), 86.31 (1) (g), 86.31 (2) (hm), 86.31 (2) (hs), 86.31 (2) (i), 86.31 (2) (j), 86.31 (2) (k) and 86.31 (2) (L) of the statutes; relating to: administration of town road improvements under the local roads improvement program.

Analysis by the Legislative Reference Bureau

Under current law, the Department of Transportation administers the Local Roads Improvement Program (LRIP) to assist political subdivisions in improving seriously deteriorating local roads by reimbursing political subdivisions for certain improvements. LRIP has several components, including an entitlement component, a discretionary component, a supplemental grant component, and an agricultural road component.

Among the features of the program, selection of improvements funded under the program is made by officials of the political subdivisions receiving the funding. DOT has promulgated administrative rules related to the administration of this facet of the program. These rules, among other things, require the creation of committees of political subdivisions that, among other powers, select the projects to be funded under the various components of LRIP.

This bill provides additional details related to the administration of LRIP. First, the bill requires DOT to establish a statewide town road improvement committee (statewide town committee) made up of 15 members appointed by DOT, at least 12 being town officials. The statewide town committee is responsible for 1) establishing criteria for the selection of town road improvements to be funded under the discretionary and supplemental grant components of LRIP, 2) recommending projects for funding under those components, and 3) contracting with persons to act as project facilitators for projects under these components. Second, the bill requires the creation of county-level town road improvement committees (county-level town committees) consisting of a maximum of five town chairpersons or their designees in each county. These county-level town committees are responsible for the ranking of town road improvement projects for the county for which funding will be requested under the discretionary and supplemental grant components of LRIP. They also determine whether to use project facilitators provided by the statewide town committee or county highway commissioners for project facilitation. Third, the bill also establishes in each group of towns located in the geographic area of each Wisconsin Towns Association District a regional town road improvement committee consisting of the chairperson or designee of the chairperson from each county-level town committee located in the district. These committees are responsible for ranking the town road improvement projects in the district for which funding will be requested under the discretionary and supplemental grant components of LRIP.

The bill also sets a variety of deadlines, including:

1. No later than August 1 of each odd-numbered year, for release of application materials by DOT.

2. No later than November 15 of each odd-numbered year, for towns to notify county-level town committees of the projects selected for funding consideration.

3. No later than January 1 of each even-numbered year, for each county-level town committee to select projects for the entitlement component and rank projects fo the discretionary and supplemental grant components.

4. No later than January 15 of each even-numbered year, for the county-level town committee to provide completed applications for funding and grants to DOT.

5. No later than March 15 of each even-numbered year, for the statewide town committee to select improvements for funding under the discretionary and supplemental grant components.

6. No later than March 15 of each even-numbered year, for each town to enter into an agreement with DOT regarding improvements funded under the entitlement component.

7. No later than April 15 of each even-numbered year, for each town to enter into an agreement with DOT regarding improvements funded under the discretionary and supplemental grant components.

Current law limits improvements eligible for funding under LRIP to improvements with a projected design life of at least 10 years and provides additional limitations on funding double seal coat projects on town roads. This bill eliminates the additional limitations on funding double seal coat projects and provides that, in determining whether a project has a projected design life of at least 10 years, DOT may not rely on any categorical determination or generalized assumption regarding the performance or useful life of any paving material or construction method and may not determine that a project for which reimbursement is requested has a projected design life of less than 10 years unless the determination is based on a review of the particular project by a registered professional engineer or county highway commissioner.

Current law limits the town road improvement projects that may be performed by a county under LRIP. Among other requirements, such projects may only be awarded to a county upon receipt of insufficient bids from noncounty bidders. This bill also prohibits counties from 1) contracting for a town road improvement if the written and sealed estimate for that improvement was prepared by that county, 2) preparing a written and sealed estimate for a town road improvement in another county, and 3) commencing a town road improvement unless the town has made certain required notifications. Also under this bill, if a county violates any of these prohibitions or if a county enters into a contract with a town for an LRIP project and the county contracting requirements are not followed, the county is prohibited from performing LRIP projects for towns for two years.

For further information see the state and local 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:

AB822,1 Section 1. 86.31 (1) (an) of the statutes is created to read:

AB822,2,4 86.31 (1) (an) “Designated facilitator” means the person designated under sub. (2) (k) 4. as the person from whom the county-level town road improvement committee receives project facilitation services.

AB822,2 Section 2. 86.31 (1) (b) of the statutes is amended to read:

AB822,2,9 86.31 (1) (b) “Improvement” means a highway construction project with, regardless of the materials or construction methods used, that has a projected design life of at least 10 years or a feasibility study of such a highway construction project with a projected design life of at least 10 years.

AB822,3 Section 3. 86.31 (1) (g) of the statutes is created to read:

AB822,3,2 86.31 (1) (g) “Town highway improvement program district” means the towns located in the geographic area of a Wisconsin Towns Association District, as designated by the Wisconsin Towns Association.

AB822,4 Section 4. 86.31 (2) (b) of the statutes is amended to read:

AB822,3,11 86.31 (2) (b) Except as provided in par. (d), improvements for highway construction projects funded under the program shall be under contracts. Such contracts shall be awarded on the basis of competitive bids and shall be awarded to the lowest responsible bidder. If a city or village does not receive a responsible bid for an improvement, the city or village may contract with a county for the improvement. Subject to pars. (hm) and (hw) and s. 59.52 (30), a town may contract with a county for the improvement subject to the criteria and procedures promulgated as rules under sub. (6) (h).

AB822,5 Section 5. 86.31 (2) (e) of the statutes is amended to read:

AB822,3,16 86.31 (2) (e) The department of transportation may not require as a condition of reimbursement that the design and construction of any improvement with eligible costs totaling $65,000 or less funded under sub. (3) be certified by a registered professional engineer.

AB822,6 Section 6. 86.31 (2) (h) of the statutes is repealed and recreated to read:

AB822,3,19 86.31 (2) (h) In determining whether a project has a projected design life of at least 10 years all of the following apply:

AB822,3,22 1. The department may not rely on any categorical determination or generalized assumption regarding the performance or useful life of any paving material or construction method.

AB822,4,2 2. The department may not determine that a project for which reimbursement is requested under this section has a projected design life of less than 10 years unless the determination is based on a review of the particular project by a registered professional engineer or county highway commissioner.

AB822,7 Section 7. 86.31 (2) (hm) of the statutes is created to read:

AB822,4,8 86.31 (2) (hm) If the department determines that a county has violated any provision under par. (hs) or that a county has contracted with a town for a town road improvement under this section without following the criteria and procedures under sub. (6) (h), the county may not contract with a town under sub. (6) (h) for 2 years.

AB822,8 Section 8. 86.31 (2) (hs) of the statutes is created to read:

AB822,4,10 86.31 (2) (hs) No county may do any of the following:

AB822,4,12 1. Contract with a town for a town road improvement if the written and sealed estimate for that improvement was prepared by that county.

AB822,4,14 2. Prepare a written and sealed estimate for a town road improvement in another county.

AB822,4,18 3. Commence a town road improvement for a town unless the town has made the notification required by rule promulgated under sub. (6) (h) 2. and provided any bidder with 10 days to submit information on the accuracy of the written and sealed cost estimate prepared for the improvement.

AB822,9 Section 9. 86.31 (2) (i) of the statutes is created to read:

AB822,4,22 86.31 (2) (i) 1. No later than August 1 of each odd-numbered year, the department shall release application materials for projects under subs. (3), (3m) and (3s).

AB822,5,2 2. a. No later than November 15 of each odd-numbered year, each town that intends to apply for funding under sub. (3) shall provide completed project applications for improvements under sub. (3) to the designated facilitator of its county-level town road improvement committee.

AB822,5,6 b. No later than November 15 of each odd-numbered year, each town that intends to apply for funding under sub. (3m) or (3s) shall provide completed project applications for improvements under subs. (3m) and (3s) to the designated facilitator of its county-level town road improvement committee.

AB822,5,9 3. a. No later than January 1 of each even-numbered year, each county-level town road improvement committee shall provide a list of improvements selected for funding under sub. (3) to its designated facilitator.

AB822,5,12 b. No later than January 1 of each even-numbered year, each county-level town road improvement committee shall provide improvement rankings under par. (k) 3. for improvements under subs. (3m) and (3s) to its designated facilitator.

AB822,5,17 c. Each county-level town road improvement committee shall provide improvement rankings under par. (k) 3. for improvements under subs. (3m) and (3s) to the regional town road improvement committee for the town highway improvement district in which the county-level town road improvement committee is located.

AB822,5,20 4. a. No later than January 15 of each even-numbered year, each designated facilitator shall provide completed applications for improvements to be funded under sub. (3) to the department.

AB822,5,23 b. No later than January 15 of each even-numbered year, each designated facilitator shall provide completed applications for grants under subs. (3m) and (3s) to the department.

AB822,6,4 5. No later than February 1 of each even-numbered year, each regional town road improvement committee shall provide improvement rankings under par. (L) 2. for improvements under subs. (3m) and (3s) to the person designated as facilitator for the town highway improvement program district in which the regional town improvement district is located.

AB822,6,7 6. No later than March 15 of each even-numbered year, the statewide town road improvement committee shall select improvements for funding under subs. (3m) and (3s).

AB822,6,10 7. a. No later than March 15 of each even-numbered year, each town shall enter into an agreement with the department regarding each improvement funded under sub. (3).