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.
SB1075,2 6Section 2 . 84.062 (1) (L) of the statutes, as created by 2021 Wisconsin Act 58,
7is amended to read:
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.
SB1075,6,3
1(cb) Approval of a work plan under this paragraph par. (c) does not waive any
2requirement for approval of the work plan by any other governmental agency. The
3utility facility
SB1075,6,8 4(cm) An owner shall notify the department when all required approvals
5required to commence work under the approved work plan have been obtained. After
6receiving the notification that all approvals have been obtained, the department
7shall notify the owner of the date on which the owner may proceed with its utility
8facility relocation
work under the approved work plan.
SB1075,17 9Section 17. 84.063 (3) (c) 2. of the statutes is created to read:
SB1075,6,1410 84.063 (3) (c) 2. Notify the owner of any changes required for approval. No later
11than 30 days after receiving notice under this subdivision, the owner shall submit
12the required changes to the department. No later than 30 days after resubmission
13by the owner, the department shall approve the changes or notify the owner that
14additional changes are required.
SB1075,18 15Section 18. 84.063 (3) (cd) of the statutes is created to read:
SB1075,6,1716 84.063 (3) (cd) An owner shall apply for a permit no later than 30 days after
17the approval of a proposed work plan by the department.
SB1075,19 18Section 19. 84.063 (3) (d) of the statutes is amended to read:
SB1075,6,2419 84.063 (3) (d) The department shall notify the utility facility owner of any If
20an owner has relocated its facilities and a
change in the highway improvement that
21requires additional relocation or adjustment of utility facilities other than as
22provided in the approved work plan, the department shall notify the owner
. The
23department and the owner shall agree on a reasonable time to accomplish the
24additional work
modification to the approved work plan to accommodate the change.
SB1075,20 25Section 20. 84.063 (3) (e) of the statutes is created to read:
SB1075,7,2
184.063 (3) (e) The department may require an owner to attend one or more
2highway improvement work coordination meetings.
SB1075,21 3Section 21. 84.063 (3g) of the statutes is created to read:
SB1075,7,84 84.063 (3g) Performance. (a) An owner shall perform and complete the work
5described in the approved work plan according to the schedule specified in the
6approved work plan. If an owner determines that it is not able to complete its work
7according to the approved work plan or schedule in the approved work plan, the
8owner shall comply with the reporting requirements of sub. (3r).
SB1075,7,159 (b) The department may not advertise or let a highway improvement contract
10prior to certifying that all utility facility work has been completed unless, prior to
11approving a work plan, the department determines that portions of the utility facility
12work must begin or continue after advertising or during construction. When such
13a determination is made, the approved work plan shall specify the dates on which
14the owner shall start and complete the work, locate or relocate utility facilities, and
15complete other work plan requirements.
SB1075,22 16Section 22. 84.063 (3r) of the statutes is created to read:
SB1075,7,2517 84.063 (3r) Notification of deviation from work plan. An owner performing
18work under an approved work plan shall immediately notify the department if the
19owner cannot meet a scheduling deadline in the approved work plan or otherwise
20needs to deviate from an approved work plan. The owner shall immediately submit
21proposed amendments to the work plan for review by the department. The
22department shall immediately notify the impacted highway improvement
23contractor. The department shall promptly review and approve any proposed
24amendments to the work plan if the proposed amendments are reasonable and can
25be accommodated within the improvement project.
SB1075,23
1Section 23. 84.063 (4) (title) of the statutes is amended to read:
SB1075,8,22 84.063 (4) (title) Responsibilities Remedies.
SB1075,24 3Section 24. 84.063 (4) (b) of the statutes is amended to read:
SB1075,8,54 84.063 (4) (b) The project highway improvement contractor shall be
5responsible for any damages that it negligently caused to a utility facility.
SB1075,25 6Section 25. 84.063 (4) (c) of the statutes is amended to read:
SB1075,8,147 84.063 (4) (c) If the utility facility owner fails to comply with sub. (3) provide
8a work plan that includes the material required under sub. (3) (b)
, the department
9or and its highway improvement contractor shall not be liable to the owner for
10damages to a utility facility resulting from the highway improvement if. If the
11department or and its highway improvement contractor complies comply with s.
12182.0175 (2), and the owner shall be liable to the department or its the highway
13improvement
contractor for damages resulting from the failure to comply owner's
14failure to comply with the final approved work plan and schedule
.
SB1075,26 15Section 26. 84.063 (4) (d) of the statutes is created to read:
SB1075,8,2016 84.063 (4) (d) Upon notice from the department that a contractor has filed a
17utility delay damages claim, the owner may respond to the claim by providing
18evidence contrary to the claim. The department shall consider all evidence provided
19by the contractor and the owner in making its decision under par. (e), pursuant to
20rules promulgated by the department under sub. (5).
SB1075,27 21Section 27. 84.063 (4) (e) of the statutes is created to read:
SB1075,9,222 84.063 (4) (e) The department shall compensate the highway improvement
23contractor for delay costs incurred by the contractor, as reviewed and approved by
24the department, that are the result of any of the following, if the highway

1improvement contractor has agreed to accept a department change order that
2addresses the cause of the delay:
SB1075,9,63 1. The department advertising or letting a highway improvement contract
4prior to certifying that all utility facility work has been completed, if notice is not
5provided to the improvement contractor as part of the bid materials or any bid
6addendum.
SB1075,9,107 2. The department advertising or letting a highway improvement contract that
8allows utility facility work after advertising or during construction, if notice is not
9provided to the improvement contractor as part of the bid materials or any bid
10addendum.
SB1075,9,1511 3. The department allowing or requiring any utility facility work after letting
12and during construction that is different from the approved work plan or the
13schedule specified in the bid documents, if the improvement contractor is unable to
14avoid delay by rescheduling or performing other work while the utility work is being
15performed.
SB1075,9,1716 4. Any utility conflict not identified in the schedule, bid materials, or any bid
17addendum within construction limits.
SB1075,28 18Section 28. 84.063 (4) (f) of the statutes is created to read:
SB1075,9,2219 84.063 (4) (f) 1. An owner shall be liable to the department for any amount
20approved under par. (e) and shall pay that amount to the department no later than
2160 days after receiving notice of the amount owed. This subdivision does not apply
22to an owner that appeals a decision of the department under subd. 2.
SB1075,9,2423 2. If an owner responds to a claim as provided in par. (d), the owner may appeal
24the decision of the department under par. (e) as provided in s. 227.42.
SB1075,10,4
13. If an owner fails to make payment of amounts owed under this paragraph,
2the department may seek remedy by filing a civil suit against the owner. If an owner
3is found liable or partially liable, the owner shall owe the department treble the
4amount of damages for which the owner is liable.
SB1075,29 5Section 29. 84.063 (4) (g) of the statutes is created to read:
SB1075,10,76 84.063 (4) (g) Paragraphs (d), (e), and (f) do not apply to projects under s.
784.062.
SB1075,30 8Section 30. Chapter Trans 220 of the administrative code is repealed.
SB1075,31 9Section 31 . Nonstatutory provisions.
SB1075,10,1610 (1) (a) No later than the first day of the 6th month following the effective date
11of this subsection, the department of transportation shall use the procedure under
12s. 227.24 to promulgate rules authorized under s. 84.063, as affected by this act, for
13the period before the effective date of permanent rules under s. 84.063, as affected
14by this act. The emergency rules shall remain in effect until February 28, 2024,
15subject to any extension under par. (c ), or the effective date of the repeal of the
16emergency rule, whichever is earlier.
SB1075,10,2117 (b) Notwithstanding s. 227.24 (1) (a) and (3), the department of transportation
18is not required to provide evidence that promulgating a rule under this subsection
19as an emergency rule is necessary for the preservation of public peace, health, safety,
20or welfare and is not required to provide a finding of emergency for a rule
21promulgated under this subsection.
SB1075,11,722 (c) Notwithstanding s. 227.24 (2) (a), the joint committee for review of
23administrative rules may, at any time prior to the expiration date of the emergency
24rule promulgated under this subsection, extend the effective period of the emergency
25rule at the request of the department of transportation for a period specified by the

1committee not to exceed 60 days. The committee may grant no more than 10
2extensions under this paragraph. Notwithstanding s. 227.24 (2) (b) 1., the
3department of transportation is not required to provide evidence that there is a
4threat to the public peace, health, safety, or welfare that can be avoided only by
5extension of the emergency rule when making a request for an extension under this
6paragraph, but s. 227.24 (2) (am) to (c) shall otherwise apply to extensions under this
7paragraph.
SB1075,32 8Section 32. Effective dates. This act takes effect on the first day of the 6th
9month beginning after publication, except as follows:
SB1075,11,1010 (1) Section 31 (1) of this act takes effect on the day after publication.
Loading...
Loading...