Wisconsin revises rules on certain highway funding

As part of a special session in Wisconsin, the Legislature has approved legislation that includes a bill to concentrate federal funds into fewer highway projects.

The so-called extraordinary session was called to take advantage of the last weeks of the state’s trifecta status for Republicans at the capitol. Trifecta control is when one party controls the governor’s seat and both statehouse chambers.

Due to Gov. Scott Walker’s defeat in November to Gov.-elect Tony Evers, there will be no more GOP trifecta control in the state once the 2019 regular session begins on Jan. 7.

One of the final acts by legislators under the existing setup is passage of a bill to provide for southeast Wisconsin “freeway megaprojects, major highway development projects, and certain state highway rehabilitation projects.”

Specifically, the main portion of SB883 requires for instances when federal money is used for the largest highway projects, or state-highway rehabilitation with a price tag below $10 million, that at least 70 percent of the funding come from the federal government.

Critics said that requiring federal money to make up a larger part of highway work would result in fewer projects subject to federal rules. In effect, they add that the bill is a way to avoid prevailing-wage requirements and other federal regulations.

Additionally, they say the change approved by Republican leaders would force the state to cover the cost of a greater number of projects.

Advocates say avoiding federal requirements would save the state money and enable more road work.

They add that the 70 percent threshold can be waived for particular projects with the permission of the Legislature’s Joint Finance Committee.

A separate provision in the bill shields local projects that receive no federal money from a requirement to comply with state regulations other than design standards.

GOP leaders say the regulations will simplify procedures for small, local projects that have been required to go through a timely process of getting approval from the state. As a result, local officials will be able to act in their best interest.

Sen. Robert Cowles, R-Green Bay, said the new law will codify existing state DOT practices with federal highway revenue.