2021 - 2022 LEGISLATURE
LRB-0129/1
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2021 SENATE BILL 218
March 16, 2021 - Introduced by Senators JACQUE, FELZKOWSKI, FEYEN, NASS,
STROEBEL, WANGGAARD and BERNIER, cosponsored by Representatives
BRANDTJEN, ROZAR, ALLEN, GUNDRUM, KNODL, MAGNAFICI, MOSES, RAMTHUN,
SKOWRONSKI, WICHGERS and PLUMER. Referred to Committee on
Transportation and Local Government.
1 AN ACT to create 84.06 (14) of the statutes; relating to: sourcing materials from
2 within the right-of-way of a highway improvement project.
Analysis by the Legislative Reference Bureau
This bill requires the Department of Transportation, in its specifications for
highway improvements, to encourage the use of materials sourced from within the
right-of-way of the proposed improvement. The bill also provides the following: 1)
DOT may not charge for any materials sourced from within the right-of-way, 2) the
bidder may include those potential cost savings in its bid, and 3) the bidder is
responsible for any unanticipated costs in sourcing alternate materials if the
materials proposed to be sourced from within the right-of-way do not satisfy the
applicable specifications for the highway improvement or are more costly to utilize
than anticipated, or if the bidder fails to receive all necessary approvals, other than
the approval of the department, to excavate or remove the materials.
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:
3 SECTION 1. 84.06 (14) of the statutes is created to read:
4 84.06 (14) SOURCING MATERIALS WITHIN RIGHT-OF-WAY. All specifications for
5 highway improvements prepared by the department for highway improvements
 2021 - 2022 Legislature -2- LRB-0129/1
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SENATE BILL 218 SECTION 1
1 within its jurisdiction shall include an encouragement to use, in the highway
2 improvement, materials sourced from within the right-of-way of the proposed
3 highway improvement. The department may not charge for any materials sourced
4 from within the right-of-way and the bidder may include those potential cost
5 savings in its bid. The bidder is responsible for any unanticipated costs in sourcing
6 alternate materials if the materials proposed to be sourced from within the
7 right-of-way do not satisfy the applicable specifications for the highway
8 improvement or are more costly to utilize than anticipated, or if the bidder fails to
9 receive all necessary approvals, other than the approval of the department, to
10 excavate or remove the materials.
11 (END)