SB1075: Bill Text

SB1075,21 Section 21. 84.063 (3g) of the statutes is created to read:

SB1075,7,8 84.063 (3g) Performance. (a) An owner shall perform and complete the work described in the approved work plan according to the schedule specified in the approved work plan. If an owner determines that it is not able to complete its work according to the approved work plan or schedule in the approved work plan, the owner shall comply with the reporting requirements of sub. (3r).

SB1075,7,15 (b) The department may not advertise or let a highway improvement contract prior to certifying that all utility facility work has been completed unless, prior to approving a work plan, the department determines that portions of the utility facility work must begin or continue after advertising or during construction. When such a determination is made, the approved work plan shall specify the dates on which the owner shall start and complete the work, locate or relocate utility facilities, and complete other work plan requirements.

SB1075,22 Section 22. 84.063 (3r) of the statutes is created to read:

SB1075,7,25 84.063 (3r) Notification of deviation from work plan. An owner performing work under an approved work plan shall immediately notify the department if the owner cannot meet a scheduling deadline in the approved work plan or otherwise needs to deviate from an approved work plan. The owner shall immediately submit proposed amendments to the work plan for review by the department. The department shall immediately notify the impacted highway improvement contractor. The department shall promptly review and approve any proposed amendments to the work plan if the proposed amendments are reasonable and can be accommodated within the improvement project.

SB1075,23 Section 23. 84.063 (4) (title) of the statutes is amended to read:

SB1075,8,2 84.063 (4) (title) Responsibilities Remedies.

SB1075,24 Section 24. 84.063 (4) (b) of the statutes is amended to read:

SB1075,8,5 84.063 (4) (b) The project highway improvement contractor shall be responsible for any damages that it negligently caused to a utility facility.

SB1075,25 Section 25. 84.063 (4) (c) of the statutes is amended to read:

SB1075,8,14 84.063 (4) (c) If the utility facility owner fails to comply with sub. (3) provide a work plan that includes the material required under sub. (3) (b), the department or and its highway improvement contractor shall not be liable to the owner for damages to a utility facility resulting from the highway improvement if. If the department or and its highway improvement contractor complies comply with s. 182.0175 (2), and the owner shall be liable to the department or its the highway improvement contractor for damages resulting from the failure to comply owner's failure to comply with the final approved work plan and schedule.

SB1075,26 Section 26. 84.063 (4) (d) of the statutes is created to read:

SB1075,8,20 84.063 (4) (d) Upon notice from the department that a contractor has filed a utility delay damages claim, the owner may respond to the claim by providing evidence contrary to the claim. The department shall consider all evidence provided by the contractor and the owner in making its decision under par. (e), pursuant to rules promulgated by the department under sub. (5).

SB1075,27 Section 27. 84.063 (4) (e) of the statutes is created to read:

SB1075,9,2 84.063 (4) (e) The department shall compensate the highway improvement contractor for delay costs incurred by the contractor, as reviewed and approved by the department, that are the result of any of the following, if the highway improvement contractor has agreed to accept a department change order that addresses the cause of the delay:

SB1075,9,6 1. The department advertising or letting a highway improvement contract prior to certifying that all utility facility work has been completed, if notice is not provided to the improvement contractor as part of the bid materials or any bid addendum.

SB1075,9,10 2. The department advertising or letting a highway improvement contract that allows utility facility work after advertising or during construction, if notice is not provided to the improvement contractor as part of the bid materials or any bid addendum.

SB1075,9,15 3. The department allowing or requiring any utility facility work after letting and during construction that is different from the approved work plan or the schedule specified in the bid documents, if the improvement contractor is unable to avoid delay by rescheduling or performing other work while the utility work is being performed.

SB1075,9,17 4. Any utility conflict not identified in the schedule, bid materials, or any bid addendum within construction limits.

SB1075,28 Section 28. 84.063 (4) (f) of the statutes is created to read:

SB1075,9,22 84.063 (4) (f) 1. An owner shall be liable to the department for any amount approved under par. (e) and shall pay that amount to the department no later than 60 days after receiving notice of the amount owed. This subdivision does not apply to an owner that appeals a decision of the department under subd. 2.

SB1075,9,24 2. If an owner responds to a claim as provided in par. (d), the owner may appeal the decision of the department under par. (e) as provided in s. 227.42.

SB1075,10,4 3. If an owner fails to make payment of amounts owed under this paragraph, the department may seek remedy by filing a civil suit against the owner. If an owner is found liable or partially liable, the owner shall owe the department treble the amount of damages for which the owner is liable.

SB1075,29 Section 29. 84.063 (4) (g) of the statutes is created to read:

SB1075,10,7 84.063 (4) (g) Paragraphs (d), (e), and (f) do not apply to projects under s. 84.062.

SB1075,30 Section 30. Chapter Trans 220 of the administrative code is repealed.

SB1075,31 Section 31 . Nonstatutory provisions.

SB1075,10,16 (1) (a) No later than the first day of the 6th month following the effective date of this subsection, the department of transportation shall use the procedure under s. 227.24 to promulgate rules authorized under s. 84.063, as affected by this act, for the period before the effective date of permanent rules under s. 84.063, as affected by this act. The emergency rules shall remain in effect until February 28, 2024, subject to any extension under par. (c ), or the effective date of the repeal of the emergency rule, whichever is earlier.

SB1075,10,21 (b) Notwithstanding s. 227.24 (1) (a) and (3), the department of transportation is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

SB1075,11,7 (c) Notwithstanding s. 227.24 (2) (a), the joint committee for review of administrative rules may, at any time prior to the expiration date of the emergency rule promulgated under this subsection, extend the effective period of the emergency rule at the request of the department of transportation for a period specified by the committee not to exceed 60 days. The committee may grant no more than 10 extensions under this paragraph. Notwithstanding s. 227.24 (2) (b) 1., the department of transportation is not required to provide evidence that there is a threat to the public peace, health, safety, or welfare that can be avoided only by extension of the emergency rule when making a request for an extension under this paragraph, but s. 227.24 (2) (am) to (c) shall otherwise apply to extensions under this paragraph.

SB1075,32 Section 32. Effective dates. This act takes effect on the first day of the 6th month beginning after publication, except as follows:

SB1075,11,10 (1) Section 31 (1) of this act takes effect on the day after publication.

SB1075,11,11 (End)