Register February 2013 No. 686
Chapter Trans 2
ELDERLY AND DISABLED TRANSPORTATION CAPITAL ASSISTANCE PROGRAM
Trans 2.01   Purpose and scope.
Trans 2.015   Definitions.
Trans 2.02   Eligible applicants.
Trans 2.03   Capital costs.
Trans 2.04   Coordination.
Trans 2.045   Private provider participation.
Trans 2.05   Schedule for preparing applications; filing of original application and copies.
Trans 2.055   Request for department review.
Trans 2.06   Application evaluation.
Trans 2.07   Vehicles offered.
Trans 2.09   Vehicle registration.
Trans 2.10   Local public body applicants.
Trans 2.11   Reporting requirements.
Ch. Trans 2 Note Note: Chapter Trans 2 was created by emergency rule effective March 21, 1978.
Trans 2.01 Trans 2.01Purpose and scope. The purposes of this chapter are to establish the department's administrative interpretation of s. 85.22, Stats., including the administration of assistance under the federal sec. 5310 program, and to prescribe administrative policies and procedures for implementing the elderly and disabled transportation capital assistance program authorized under s. 85.22, Stats.
Trans 2.01 History History: Cr. Register, August, 1978, No. 272, eff. 9-1-78; am. Register, July, 1982, No. 319, eff. 8-1-82; reprinted to correct error, Register, October, 1982, No. 322; am. Register, April, 1993, No. 448, eff. 5-1-93; am. Register, December, 1994, No. 468, eff. 1-1-95; am. Register, October, 1999, No. 526, eff. 11-1-99.
Trans 2.015 Trans 2.015Definitions.
Trans 2.015(1) (1) “ Application deadline" is the first Monday in February in even numbered years.
Trans 2.015(2) (2) “Department" means the state department of transportation.
Trans 2.015(2m) (2m) “Eligible applicant" means any applicant that meets eligibility requirements for assistance under the federal sec. 5310 program and is one of the following:
Trans 2.015(2m)(a) (a) A private, nonprofit organization.
Trans 2.015(2m)(b) (b) A local public body that satisfies one of the conditions in s. Trans 2.10 (2).
Trans 2.015 Note Note: Federally recognized tribal governing bodies are also eligible applicants as local public bodies under par. (b), based on s. 20.002 (13), Stats.
Trans 2.015(3) (3) “Federal sec. 5310 program" means the federal assistance program under 49 USC 5310.
Trans 2.015(5) (5) “Human service vehicle" means a motor vehicle as defined in s. 340.01 (23g), Stats., that meets the standards in ch. Trans 301.
Trans 2.015(5m) (5m) “Local public body" has the meaning given in s. 85.20 (1) (d), Stats., except as limited by this chapter.
Trans 2.015(6) (6) “Other transportation providers" include public, private nonprofit and private for-profit businesses or organizations, other than a given applicant, which operate passenger transportation services using the same mode of transportation as an applicant.
Trans 2.015(7) (7) “Yellow school bus" means a motor vehicle as defined in s. 340.01 (56) (am), Stats., that meets the standards in ch. Trans 300.
Trans 2.015 History History: Cr. Register, July, 1982, No. 319, eff. 8-1-82; am. Register, September, 1985, No. 357, eff. 10-1-85; renum. (4) to be (5), cr. (4), Register, February, 1988, No. 386, eff. 3-1-88; renum. (5) to be (6), cr. (5) and (7), Register, January, 1989, No. 397, eff. 2-1-89; cr. (1m), am. (5) and (7), Register, April, 1993, No. 448, eff. 5-1-93; cr. (2m), (5m), am. (3), (4), Register, December, 1994, No. 468, eff. 1-1-95; am. (1), Register, October, 1995, No. 478, eff. 11-1-95; r. (1m) and (4), am. (3), Register, October, 1999, No. 526, eff. 11-1-99; CR 03-007: am. (1) and (2m) (intro.) Register August 2003 No. 572, eff. 9-1-03.
Trans 2.02 Trans 2.02Eligible applicants.
Trans 2.02(1) (1) An eligible applicant may apply for capital assistance under s. 85.22, Stats. All applicants shall comply with federal regulations governing the federal sec. 5310 program.
Trans 2.02(2) (2) State aids administered under this chapter are available only for projects for which applicants received notice of eligibility under 49 USC 5310 after July 1, 1977. Projects that are eligible for such assistance but do not receive federal moneys due to insufficient federal funds are eligible for state aids under s. Trans 2.03.
Trans 2.02 History History: Cr. Register, August, 1978, No. 272, eff. 9-1-78; am. (1), Register, July, 1982, No. 319, eff. 8-1-82; correction under s. 13.93 (2m) (b) 7., Stats., Register, August, 1984, No. 343; am. (1), Register, December, 1994, No. 468, eff. 1-1-95; am. Register, October, 1999, No. 526, eff. 11-1-99.
Trans 2.03 Trans 2.03Capital costs. Commencing with the highest ranking application as determined under s. Trans 2.06 and to the extent that federal and state moneys are available, the department shall offer to each eligible applicant an amount of state aid such that the sum of federal and state aid received by an applicant does not exceed 80% of estimated capital costs.
Trans 2.03 History History: Cr. Register, August, 1978, No. 272, eff. 9-1-78; am. Register, March, 1980, No. 291, eff. 4-1-80; r. and recr. Register, July, 1982, No. 319, eff. 8-1-82.
Trans 2.04 Trans 2.04Coordination. It is the department's policy to encourage the coordination of elderly and disabled transportation among providers of such services. To that end, each eligible applicant receiving aids under this chapter shall:
Trans 2.04(1) (1) Make affirmative efforts to coordinate its activities with other service providers in its service area;
Trans 2.04(2) (2) Include in its application evidence that the proposed project will not duplicate other services;
Trans 2.04(3) (3) Demonstrate how the proposed project will be integrated with specialized transportation services provided by public transit systems, other federal sec. 5310 program grantees and other transit agencies located within the applicant's service area; and
Trans 2.04(4) (4) Include in its application evidence that the transportation service proposed for the general elderly and disabled public was designed with the cooperation of the appropriate county committees or commissions on aging and boards created under ss. 51.42 and 51.437, Stats.
Trans 2.04 History History: Cr. Register, August, 1978, No. 272, eff. 9-1-78, am. (1), Register, March, 1980, No. 291, eff. 4-1-80; r. (2), renum. (1) (intro.) to (d) to be (intro.) to (4) and am. (2), Register, July, 1982, No. 319, eff. 8-1-82; am. (intro.) and (4), Register, April, 1993, No. 448, eff. 5-1-93; am. (3), Register, December, 1994, No. 468, eff. 1-1-95; am. (3), Register, October, 1999, No. 526, eff. 11-1-99; CR 03-007: am. (2) to (4) Register August 2003 No. 572, eff. 9-1-03.
Trans 2.045 Trans 2.045Private provider participation. Every application shall include evidence that all other transportation providers in the applicant's service area have been afforded an opportunity to comment on the service which an applicant proposes to furnish with the vehicles to be purchased with assistance under this chapter. This evidence shall include copies of all correspondence between the applicant and other transportation providers, except that the evidence shall include one copy of the notice required under s. Trans 2.05 (1) (d) and a certified list of all other transportation providers to which the notice was mailed rather than copies of all the notices actually mailed. The department may reject an application for failure to comply with this requirement.
Trans 2.045 History History: Cr. Register, July, 1982, No. 319, eff. 8-1-82; r. and recr. (2), renum. (3) to be (6), cr. (3) to (5), Register, February, 1988, No. 386, eff. 3-1-88; am. (1) and (4), Register, January, 1989, No. 397, eff. 2-1-89; am. (4), Register, April, 1993, No. 448, eff. 5-1-93; am. (2) (a), (3), (5), Register, December, 1994, No. 468, eff. 1-1-95; am. (1), r. (2) to (6), Register, October, 1999, No. 526, eff. 11-1-99; CR 03-007: am. Register August 2003 No. 572, eff. 9-1-03.
Trans 2.05 Trans 2.05Schedule for preparing applications; filing of original application and copies.
Trans 2.05(1) (1) Each application for capital assistance under this chapter shall be considered valid only during the program cycle in which it is submitted. Except as provided in s. Trans 2.06 (3), an applicant for capital assistance shall prepare an application according to the following schedule:
Trans 2.05(1)(a) (a) On or before the first Monday in February in even numbered years, the applicant shall submit its completed application to the department.
Trans 2.05(1)(b) (b) Not less than 70 days before the application deadline, the applicant shall cause to be published a “Notice to Transportation Providers" in newspapers in the planned service area of the applicant. The notice shall include the applicant's name; the address and phone number of a contact person; a short description of the equipment for which the applicant is applying for a capital grant and the applicant's proposed service area.
Trans 2.05(1)(c) (c) Not less than 70 days before the application deadline, the applicant shall submit its completed proposed transportation schedule and budget and shall submit a list of all other transportation providers operating within the applicant's service area to the department.
Trans 2.05(1)(d) (d) Not less than 60 days before the application deadline, the applicant shall mail a notice of its intention to request capital assistance under this chapter to all other transportation providers operating within applicant's proposed service area and to the chairperson of the county board for any county in which the applicant proposes to operate.
Trans 2.05(2) (2) The department may not grant to any applicant except those permitted under s. Trans 2.06 (3) an extension or waiver of any deadline specified above in sub. (1).
Trans 2.05(3) (3) At the same time that an applicant submits its application to the department, it shall also submit copies for review and comment to the department's appropriate region office and to the appropriate intergovernmental review agency in accordance with Presidential Executive Order E. O. 12372. It shall also send a letter offering to submit copies for review and comment to the appropriate area agency on aging, and to the appropriate department of health services' office of policy initiatives and budget. In order to be considered by the department, comments from these agencies must be submitted to the department within 30 days following submission of the application to the department. The department shall give appropriate consideration to review comments.
Trans 2.05 History History: Cr. Register, August, 1978, No. 272, eff. 9-1-78, am., Register, March, 1980, No. 291, eff. 4-1-80; r. and recr. Register, July, 1982, No. 319, eff. 8-1-82; am. (1) (a), Register, September, 1985, No. 357, eff. 10-1-85; am. (1) (a) and (b), r. (1) (c) and (d), cr. (1) (c) to (i), Register, February, 1988, No. 386, eff. 3-1-88; correction in (3) made under s. 13.93 (2m) (b) 6., Stats., Register, January, 1989, No. 397; am. (1) (intro.), (d), (g), Register, December, 1994, No. 468, eff. 1-1-95; am. (1) (a), Register, October, 1995, No. 478, eff. 11-1-95; am. (1) (a) to (d) and (3), r. (1) (e) to (i), Register, October, 1999, No. 526, eff. 11-1-99; CR 03-007: am. (1) (intro) to (c), (2) and (3) Register August 2003 No. 572, eff. 9-1-03; correction in (3) made under s. 13.92 (4) (b) 6., Stats., Register March 2012 No. 675; correction in (3) made under s. 13.92 (4) (b) 6., Stats., Register February 2013 No. 686.
Trans 2.055 Trans 2.055Request for department review.
Trans 2.055(1) (1) A person adversely affected by a violation of s. Trans 2.045, 2.05 or 2.10 may request the department to review an application for capital assistance under this chapter.
Trans 2.055 Note Note: Specific allegations shall be sent to Director, Bureau of Transit & Local Roads, P.O. Box 7913, Madison, WI 53707-7913, with a copy sent to the affected applicant.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.