Environmental review prerequisites for certain major highway project actions, the official text

2025 - 2026 LEGISLATURE
LRB-4152/1
EVM:cjs

2025 SENATE BILL 825
January 14, 2026 - Introduced by Senators Tomczyk and Pfaff, cosponsored by Representatives VanderMeer and Hysell. Referred to Committee on Transportation and Local Government.

An Act to renumber 13.489 (1c) (a); to amend 13.489 (4) (a) 1. a., 13.489 (4) (a) 1. b. and 13.489 (4m) (a); to create 13.489 (1c) (am) of the statutes; relating to: environmental review prerequisites for certain major highway project 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:

Section 1. 13.489 (1c) (a) of the statutes is renumbered 13.489 (1c) (aw).
Section 2. 13.489 (1c) (am) of the statutes is created to read:
13.489 (1c) (am) “Categorical exclusion” means a categorical exclusion from a requirement to prepare an environmental assessment or environmental impact statement for a highway project as described under 23 CFR 771.117.
Section 3. 13.489 (4) (a) 1. a. of the statutes is amended to read:
13.489 (4) (a) 1. a. The commission determines that, within 6 years after the first July 1 after the date on which the commission recommends approval of the project, construction will be commenced on all projects enumerated under s. 84.013 (3) and on the project recommended for approval and the commission has been notified that a final draft environmental impact statement or, draft environmental assessment, or draft categorical exclusion for the project has been approved by the department of transportation or, if necessary to secure federal funding, the federal highway administration.
Section 4. 13.489 (4) (a) 1. b. of the statutes is amended to read:
13.489 (4) (a) 1. b. The report recommending approval of the project is accompanied by a financing proposal that, if implemented, would provide funding in an amount sufficient to ensure that construction will commence on all projects enumerated under s. 84.013 (3) and on the project within 6 years after the first July 1 after the date on which the commission recommends approval of the project and
the commission has been notified that a final draft environmental impact statement or, draft environmental assessment, or draft categorical exclusion for the project has been approved by the department of transportation or, if necessary to secure federal funding, the federal highway administration.
Section 5. 13.489 (4m) (a) of the statutes is amended to read:
13.489 (4m) (a) Notwithstanding sub. (4), for any major highway project described in s. 84.013 (1) (a) 2m., the department of transportation shall submit a report to the commission, prior to construction of the project, which report may request the commission’s approval to proceed with the project. The department may submit this request at any time following completion by the department of a draft environmental impact statement or, draft environmental assessment, or draft categorical exclusion for the project.
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