AB150-engrossed,1229,7
1(1m) (title)
Plans. The department may prepare plans, estimates and
2specifications and undertake and perform all surveys, investigations and
3engineering work for any highway improvement within its jurisdiction. When
4provision has been made for the necessary funds for any such highway improvement
5and, if federal aid is to be utilized, when the project has been approved by the proper
6federal authorities, the department may proceed as provided in this section, with due
7regard to any applicable federal requirement or regulation.
AB150-engrossed,1230,49
84.06
(2) (a) All such highway improvements shall be executed by contract
10based on bids unless the department finds that another method as provided in sub.
11(3) or (4) would be more feasible and advantageous. Bids shall be advertised for in
12the manner determined by the department. Except as provided in s. 84.075, the
13contract shall be awarded to the lowest competent and responsible bidder as
14determined by the department. If the bid of the lowest competent bidder is
15determined by the department to be in excess of the estimated reasonable value of
16the work or not in the public interest, all bids may be rejected. The department shall,
17so far as reasonable, follow uniform methods of advertising for bids and may
18prescribe and require uniform forms of bids and contracts. Except as provided in par.
19(b), the secretary shall enter into the contract on behalf of the state. Every such
20contract is exempted from ss. 16.70 to 16.75, 16.755 to 16.82, 16.87 and 16.89, but
21ss. 16.528, 16.752
and, 16.754
and 16.855 (22) apply to the contract. Any such
22contract involving an expenditure of $1,000 or more shall not be valid until approved
23by the governor. The secretary may require the attorney general to examine any
24contract and any bond submitted in connection with the contract and report on its
25sufficiency of form and execution. The bond required by s. 779.14 (1m) (b) for any
1such contract involving an expenditure of less than $1,000 is exempt from approval
2by the governor and shall be subject to approval by the secretary. This subsection
3also applies to contracts with private contractors based on bids for maintenance
4under s. 84.07.
AB150-engrossed,1230,246
84.06
(4) Special contracts with railroads and utilities. If an improvement
7undertaken by the department will cross or affect the property or facilities of a
8railroad or public utility company, the department may, upon finding that it is
9feasible and advantageous to the state, arrange to perform portions of the
10improvement work affecting such facilities or property or perform work of altering,
11rearranging or relocating such facilities by contract with the railroad or public
12utility. Such contract shall be between the railroad company or public utility and the
13state and need not be based on bids. The contract may be entered into on behalf of
14the state by the secretary. Every such contract is exempted from s. 779.14 and from
15all provisions of chs. 16 and 230, except ss. 16.528, 16.752
and, 16.754
and 16.855
16(22). No such contract in which the total estimated debt to be incurred exceeds $5,000
17shall be valid until approved by the governor. As used in this subsection, "public
18utility" means the same as in s. 196.01 (5), and includes a telecommunications carrier
19as defined in s. 196.01 (8m), and "railroad" means the same as in s. 195.02.
20"Property" as used in this subsection includes but is not limited to tracks, trestles,
21signals, grade crossings, rights-of-way, stations, pole lines, plants, substations and
22other facilities. Nothing in this subsection shall be construed to relieve any railroad
23or public utility from any financial obligation, expense, duty or responsibility
24otherwise provided by law relative to such property.
AB150-engrossed,1231,2
184.076
(5) Sunset. This section does not apply after
June 30, 1995 September
230, 1997.
AB150-engrossed,1231,75
84.078
(1) (am) "High-volume industrial waste" means fly ash, bottom ash,
6paper mill sludge or foundry process waste, or any other waste with similar
7characteristics specified by the department of natural resources by rule.
AB150-engrossed,1231,99
84.078
(1) (ar) "Highway improvement" has the meaning given in s. 84.06 (1).
AB150-engrossed,1231,1912
84.078
(2) The department shall use or encourage the use of the maximum
13possible amount of recovered material, including
ash from industrial or utility
14boilers, foundry sand, glass,
paper mill sludge, wastepaper, pavement and
rubber
15recovered from waste tires high-volume industrial waste as surfacing material,
16structural material, landscaping material and fill for all highway improvements,
as
17defined under s. 84.06 (1), consistent with standard engineering practices. The
18department shall specify the proportion of recovered material that may be used in
19various types of highway improvements.
AB150-engrossed,1231,2421
84.078
(3) (a) Notwithstanding chs. 144, 147 and 160, no person is required to
22take or pay for any remedial or corrective action as a result of environmental
23pollution resulting from the use of high-volume industrial waste in a highway
24improvement project if all of the following apply:
AB150-engrossed,1232,4
11. The high-volume industrial waste is incorporated into the highway
2improvement in accordance with the policies, guidelines and rules applicable to the
3highway improvement at the time of the design of the improvement and at the time
4of certification under subd. 2.
AB150-engrossed,1232,105
2. The department of natural resources certifies to the department of
6transportation, before the time that the department of transportation advertises for
7bids for the improvement, that the high-volume industrial waste intended to be used
8and the design for the use of the high-volume industrial waste comply with all
9applicable state requirements or standards administered by the department of
10natural resources.
AB150-engrossed,1232,1611
(b) The exemption under par. (a) extends to the transportation of high-volume
12industrial waste to or from the site of a highway improvement and to the storage of
13high-volume industrial waste at the site of a highway improvement. The exemption
14provided under par. (a) continues to apply after the date of certification by the
15department of natural resources under par. (a) 2., notwithstanding the occurrence
16of any of the following:
AB150-engrossed,1232,1817
1. Statutes or rules are amended that would impose greater responsibilities on
18the department of transportation.
AB150-engrossed,1232,2219
2. Alterations due to construction, maintenance, utility installation or other
20activities by the department of transportation or approved by the department of
21transportation after the completion of the highway improvement affect the
22high-volume industrial waste at the site of the highway improvement.
AB150-engrossed,1233,423
(c) The department of transportation and the department of natural resources
24may enter into agreements establishing standard lists of high-volume industrial
25waste that may be used in highway improvements and designs for the use of
1high-volume industrial waste in highway improvements that comply with rules of
2the department of natural resources applicable at the time of the design of the
3highway improvement in order to simplify certification under par. (a) 2. to the
4greatest extent possible.
AB150-engrossed,1233,85
(d) 1. No state agency may commence an action or proceeding under federal or
6state law to require remedial action or to recover the costs of remedying
7environmental pollution related to the use of high-volume industrial waste in a
8highway improvement certified under par. (a) 2.
AB150-engrossed,1233,129
2. No person may commence an action under state law to require remedial
10action or to recover the costs of remedying environmental pollution related to the use
11of high-volume industrial waste in a highway improvement certified under par. (a)
122.
AB150-engrossed,1233,1814
84.25
(11) Commercial enterprises. No commercial enterprise, except a
15vending facility which is licensed by the department of
health and social services 16industry, labor and human relations and operated by blind or visually impaired
17persons, shall be authorized or conducted within or on property acquired for or
18designated as a controlled-access highway.
AB150-engrossed,1234,220
84.59
(6) Revenue obligations may be contracted by the building commission
21when it reasonably appears to the building commission that all obligations incurred
22under this section can be fully paid from moneys received or anticipated and pledged
23to be received on a timely basis. Revenue obligations issued under this section shall
24not exceed
$950,834,000 $1,089,701,500 in principal amount, excluding obligations
25issued to refund outstanding revenue obligations. Not more than
$841,634,000
1$1,046,821,300 of the
$950,834,000 $1,089,701,500 may be used for transportation
2facilities under s. 84.01 (28) and major highway projects under ss. 84.06 and 84.09.
AB150-engrossed,1234,9
485.012 Plans and programs exempt from consideration of
5environmental impacts. A plan or program under the jurisdiction of the
6department is not a major action significantly affecting the quality of the human
7environment under s. 1.11 (2). For purposes of this section, a plan or program of the
8department does not include a transportation project under the jurisdiction of the
9department.
AB150-engrossed,1234,15
1185.015 Transportation assistance contracts. All contracts entered into
12under this chapter to provide financial assistance in the areas of railroads, urban
13mass transit, specialized transportation, and harbors are subject to ss. 16.528 and
1416.752 but are exempt from ss. 16.70 to 16.75, 16.755 to 16.82 and 16.85 to 16.89
,
15except that ss. 16.702 and 16.855 (22) apply to such contracts.
AB150-engrossed,1234,2118
85.022
(2) (a) The department shall allocate $250,000 in each fiscal year of the
191995-97 biennium from the appropriation under s. 20.395 (2) (hq) for a study of
20high-speed rail service in the southern transportation corridor between this state
21and the state of Minnesota.
AB150-engrossed,1234,2322
(b) 1. Except as provided in subd. 2., funds may be expended under par. (a) only
23to match funds, at the ratio of one-to-one from the state of Minnesota for the study.
AB150-engrossed,1235,3
12. No funds may be expended under par. (a) unless the federal government
2contributes funds for a study under par. (a) in an amount equal to the total amount
3of funds from this state and the state of Minnesota for the study.
AB150-engrossed,1235,7
585.026 Urban rail transit system studies. Notwithstanding any other
6provision of this chapter, the department may not expend any moneys for the study
7of an urban rail transit system, including any light rail transit system.
AB150-engrossed,1235,229
85.061
(3) Program. The department shall administer a rail passenger route
10development program. From the appropriation under s. 20.866 (2) (up), the
11department may fund capital costs related to Amtrak service extension routes
or
12other rail service routes between the cities of Milwaukee and Madison and between
13the cities of Milwaukee and Green Bay.
The extension of the Any route between the
14cities of Milwaukee and Green Bay
funded under the program shall provide service
15to population centers along the route in a manner that makes the route most
16economically feasible. The department may not use any proceeds from the bond issue
17authorized under s. 20.866 (2) (up) for
the extension of a route under this subsection
18unless the department submits evidence to the joint committee on finance that
19Amtrak
or the applicable railroad has agreed to provide rail passenger service on
20that
extension route and the joint committee on finance approves the use of the
21proceeds. The department may contract with Amtrak, railroads or other persons to
22perform the activities under this subsection.
AB150-engrossed,1236,724
85.08
(4m) (e) 1. Upon the request of an eligible applicant, the department may
25negotiate and enter into a loan agreement with the eligible applicant for purposes
1of rehabilitating a rail line or to finance an economic development and transportation
2efficiency project, including a project designed to promote safety or the viability of
3a statewide system of freight rail service, to assist intermodal freight movement or
4to provide industry access to a rail line. A loan made under this paragraph shall
5finance a project that confers a public benefit or enhances economic development in
6this state. Loans made under this paragraph shall be paid from the appropriation
7under s. 20.395 (2)
(bt), (bu), (bw) or (bx).
AB150-engrossed,1236,1310
85.085
(1b) In this section, "rehabilitated" means a significant rebuilding of
11railroad track that restores severely deteriorated track to a minimum service
12standard or, for track that is at or above a minimum service standard, that increases
13the service standard of the track.
AB150-engrossed,1236,2015
85.085
(3) The department shall not make any payment under this section
16unless the applicable private road crossing permit provides that the rail transit
17commission shall, at the user's sole cost and expense, maintain, repair and renew the
18private road crossing.
"Maintain, repair and renew" does not include any rebuilding
19of a private road crossing that is required because the applicable tracks have been
20rehabilitated.
AB150-engrossed,1237,222
85.09
(4m) Relocation plan. The department is exempt from s. 32.25 (1) if the
23department determines that acquiring rail property under this section will not result
24in any displaced persons as defined in s. 32.19 (2) (e). The department shall file a
1statement of its determinations with the department of
industry, labor and human
2relations development.
AB150-engrossed,1237,7
485.145 Television and video services. The department shall use other
5publicly owned television or video production facilities to the maximum extent
6possible before contracting with any private entity to provide any television or video
7services to the department.
AB150-engrossed,1237,169
85.19
(1) Standards. The department, in consultation with the department of
10natural resources, shall, by rule, establish standards for the control of soil erosion
11related to highway and bridge construction that is funded in whole or in part with
12state or federal funds.
At a minimum, the standards shall require the use of best
13management practices No standard established under this section applicable to the
14construction, rehabilitation or improvement of any highway may be more stringent
15than the standards required under federal law. In this subsection, "highway" has the
16meaning given in s. 340.01 (22).
AB150-engrossed, s. 3526ft
17Section 3526ft. 85.20 (4m) (a) of the statutes is renumbered 85.20 (4m) (a)
18(intro.) and amended to read:
AB150-engrossed,1237,2519
85.20
(4m) (a) (intro.)
From the amounts appropriated under s. 20.395 (1) (bq),
20an amount equal to 42% of the projected operating expenses of each eligible
21applicant's urban mass transit system An amount shall be allocated to each eligible
22applicant
. to ensure that the sum of state and federal aids for the projected operating
23expenses of each eligible applicant's urban mass transit system is equal to a uniform
24percentage, established by the department, of the projected operating expenses of
25the mass transit system. The department shall make allocations as follows:
AB150-engrossed,1238,42
85.20
(4m) (a) 1. From the appropriation under s. 20.395 (1) (bq), the uniform
3percentage for an urban mass transit system operating within an urban area having
4a population as shown in the 1990 federal decennial census of less than 50,000.
AB150-engrossed,1238,95
2. From the appropriation under s. 20.395 (1) (bs), the uniform percentage for
6an urban mass transit system operating within an urban area having a population
7as shown in the 1990 federal decennial census of at least 50,000 but not more than
8200,000 and meeting the federal definition of urbanized area for the purpose of
9federal mass transit aid.
AB150-engrossed,1238,1310
3. From the appropriation under s. 20.395 (1) (bu), the uniform percentage for
11an urban mass transit system operating within an urban area having a population
12as shown in the 1990 federal decennial census of more than 200,000 and meeting the
13federal definition of urbanized area for the purpose of federal mass transit aid.
AB150-engrossed,1238,1917
85.20
(4m) (em) 1. An amount equal to
42% the same percentage of the audited
18operating expenses for the project year of the applicant's urban mass transit system
19that is specified for allocations to the applicant under par. (a) 1. to 3.
AB150-engrossed,1238,2521
85.20
(4s) Payment of aids under the contract. The contracts executed
22between the department and eligible applicants under this section shall provide that
23the payment of the state aid allocation under sub. (4m) (a) for the last quarter of the
24state's fiscal year shall be provided from the following fiscal year's appropriation
25under s. 20.395 (1) (bq)
, (bs) or (bu).
AB150-engrossed,1239,82
85.20
(7) Cost-efficiency standards. (a) The department shall establish
3cost-efficiency standards for the urban mass transit system specified in sub. (4m) (a)
41. to 3. The contracts executed between the department and eligible applicants
5under this section for any period beginning on or after January 1, 1997, shall provide
6that the department may do any of the following if costs are incurred by the eligible
7applicant's urban mass transit system which are inconsistent with the standards
8established under this subsection:
AB150-engrossed,1239,99
1. Exclude those costs from operating expenses for purposes of sub. (4m).
AB150-engrossed,1239,1010
2. Reduce the amount of state aid allocation under sub. (4m) (a).
AB150-engrossed,1239,1211
(b) The department shall specify by rule the cost-efficiency standards under
12this subsection, including rules for the implementation of par. (a) 1. and 2.
AB150-engrossed,1239,2214
85.24
(3) (d) (intro.) The department may award grants from the appropriation
15under s. 20.395 (1)
(bs) (ds) to public and private organizations for the development
16and implementation of demand management and ride-sharing programs. As a
17condition of obtaining a grant under this paragraph, a public or private organization
18may be required to provide matching funds at any percentage. The department shall
19give priority in the awarding of grants to those programs that provide the greatest
20reduction in automobile trips, especially during peak hours of traffic congestion. The
21department shall have all powers necessary and convenient to implement this
22paragraph, including the following powers:
AB150-engrossed,1239,25
2485.243 (title)
Surface transportation
discretionary grants projects
25program.
AB150-engrossed,1240,122
85.243
(2) (a) The department shall administer a surface transportation
3discretionary grants projects program to promote the development and
4implementation of surface transportation projects that foster the diverse
5transportation needs of the people of this state. Annually, the department may make
6grants to eligible applicants
and other state agencies for surface transportation
7projects that promote nonhighway use or that otherwise supplement existing
8transportation activities. A grant may not exceed 80% of the total cost of a project.
9 The department shall give priority to funding projects that foster alternatives to
10single-occupancy automobile trips. In deciding whether to award a grant under this
11section, the department may consider whether other funding sources are available
12for the proposed project.
AB150-engrossed,1240,1414
85.243
(2) (b) 5. To conduct a project.
AB150-engrossed, s. 3526m
15Section 3526m. 85.26 of the statutes, as affected by 1995 Wisconsin Act ....
16(this act), is renumbered 106.26.
AB150-engrossed, s. 3526mg
17Section 3526mg. 85.26 (2) (a) of the statutes is renumbered 85.26 (2) (a)
18(intro.) and amended to read:
AB150-engrossed,1240,2119
85.26
(2) (a) (intro.) "Eligible applicant" means
a an applicant that provides
20employment, training or job placement services in a county with a population of
21500,000 or more and which is one of the following:
AB150-engrossed,1240,22
221. A local public body or a private organization
, which is located in the county.
AB150-engrossed,1240,2424
85.26
(2) (a) 2. Two or more state agencies coordinating such services.
AB150-engrossed,1241,4
285.51 Third-party registration, titling and other transactions. (1) In
3this section, "contractor" means a person who has contracted with the department
4to perform services under this section.