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AB874: Bill Text
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2025 - 2026 LEGISLATURE
LRB-5952/1
EVM:cjs
2025 ASSEMBLY BILL 874
January 16, 2026 - Introduced by Representatives
VanderMeer
and
Hysell
, cosponsored by Senators
Tomczyk
and
Pfaff
. Referred to Committee on State Affairs.
AB874,1,4
1
An Act
to renumber
13.489 (1c) (a);
to amend
13.489 (4) (a) 1. a., 13.489 (4) (a)
2
1. b. and 13.489 (4m) (a);
to create
13.489 (1c) (am) of the statutes;
relating
3
to:
environmental review prerequisites for certain major highway project
4
actions.
Analysis by the Legislative Reference Bureau
Under current law, the Department of Transportation may recommend highway projects for inclusion in the major highway projects program by submitting a report to the Transportation Projects Commission (TPC) that includes a request for TPC approval to proceed with the project. Under current law, TPC must have been notified that a final environmental impact statement or environmental assessment for the project has been approved by the federal highway administration before it may approve a project under this procedure. This bill changes this requirement to require only that a draft environmental impact statement, environmental assessment, or categorical exclusion have been approved. In addition, the bill specifies that approval of the draft environmental document must be made by DOT unless approval by the federal highway administration is necessary to secure federal funding.
Also under current law, DOT may not begin construction of certain major highway projects with a total cost of more than $75,000,000 until a report is provided to TPC. This report may not be submitted by DOT until a draft environmental impact statement or environmental assessment is completed. Under this bill, the report may also be submitted after completion of a draft categorical exclusion.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
AB874,1
1
Section
1
.
13.489 (1c) (a) of the statutes is renumbered 13.489 (1c) (aw).
AB874,2
2
Section
2
.
13.489 (1c) (am) of the statutes is created to read:
AB874,2,5
3
13.489
(1c)
(am) “Categorical exclusion” means a categorical exclusion from a
4
requirement to prepare an environmental assessment or environmental impact
5
statement for a highway project as described under
23 CFR 771.117
.
AB874,3
6
Section
3
.
13.489 (4) (a) 1. a. of the statutes is amended to read:
AB874,2,14
7
13.489
(4)
(a) 1. a. The commission determines that, within 6 years after the
8
first July 1 after the date on which the commission recommends approval of the
9
project, construction will be commenced on all projects enumerated under s. 84.013
10
(3) and on the project recommended for approval and the commission has been
11
notified that a
final
draft
environmental impact statement
or
, draft
environmental
12
assessment
, or draft categorical exclusion
for the project has been approved by the
13
department of transportation or, if necessary to secure federal funding, the
federal
14
highway administration.
AB874,4
15
Section
4
.
13.489 (4) (a) 1. b. of the statutes is amended to read:
AB874,3,4
16
13.489
(4)
(a) 1. b. The report recommending approval of the project is
17
accompanied by a financing proposal that, if implemented, would provide funding
18
in an amount sufficient to ensure that construction will commence on all projects
19
enumerated under s. 84.013 (3) and on the project within 6 years after the first July
20
1 after the date on which the commission recommends approval of the project and
1
the commission has been notified that a
final
draft
environmental impact
2
statement
or
, draft
environmental assessment
, or draft categorical exclusion
for the
3
project has been approved by the
department of transportation or, if necessary to
4
secure federal funding, the
federal highway administration.
AB874,5
5
Section
5
.
13.489 (4m) (a) of the statutes is amended to read:
AB874,3,12
6
13.489
(4m)
(a) Notwithstanding sub. (4), for any major highway project
7
described in s. 84.013 (1) (a) 2m., the department of transportation shall submit a
8
report to the commission, prior to construction of the project, which report may
9
request the commission’s approval to proceed with the project. The department
10
may submit this request at any time following completion by the department of a
11
draft environmental impact statement
or
, draft
environmental assessment
, or draft
12
categorical exclusion
for the project.
AB874,3,13
13
(end)
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