Amendment CA1-ASA1-AB133

AB133-ASA1-CA1,370,22 85.243 (2) (am) Grants awarded under this section for the planning, design or construction of bicycle and pedestrian facilities shall be only awarded from the appropriation under s. 20.395 (2) (ox). The total amount of the grants awarded under this paragraph and ss. 85.024 and 85.026 (2) (b) and projects approved under s. 85.245 (1m) for the planning, design or construction of bicycle and pedestrian facilities may not exceed $9,755,000 in the fiscal year in which the grants are awarded or the projects are approved. If the department determines that a grant was awarded under this paragraph for a project on which construction will not be completed within a reasonable time after the grant is awarded, the department may withdraw that grant and the amount of the grant withdrawn may not be counted under this paragraph.

AB133-ASA1-CA1, s. 1852j Section 1852j. 85.245 (1) of the statutes is amended to read:

AB133-ASA1-CA1,371,5 85.245 (1) The department may administer a program for the distribution of federal funds for congestion mitigation and air quality improvement projects made available to the state under 23 USC 149. The Except as provided in sub. (1m), the cost of any project shall be funded from the appropriations under s. 20.395 (2) (kv) and (kx).

AB133-ASA1-CA1, s. 1852k Section 1852k. 85.245 (1m) of the statutes is created to read:

AB133-ASA1-CA1,371,17 85.245 (1m) The cost of any project funded under this section for the planning, design or construction of a bicycle and pedestrian facility shall be only funded from the appropriation under s. 20.395 (2) (ox). The total amount of any project approved under this subsection and the amount of grants awarded under ss. 85.024, 85.026 (2) (b) and 85.243 (2) (am) for the planning, design or construction of bicycle and pedestrian facilities may not exceed $9,755,000 in the fiscal year in which the projects are approved or the grants are awarded. If the department determines that a project was approved under this subsection on which construction will not be completed within a reasonable time after the project is approved, the department may withdraw its approval of that project and the cost of the project for which approval was withdrawn may not be counted under this subsection.".

AB133-ASA1-CA1,371,18 1039. Page 972, line 10: after that line insert:

AB133-ASA1-CA1,371,19 " Section 1852f. 85.243 (2) (a) of the statutes is amended to read:

AB133-ASA1-CA1,372,5 85.243 (2) (a) The Subject to par. (ar), the department shall administer a surface transportation discretionary grants program to promote the development and implementation of surface transportation projects that foster the diverse transportation needs of the people of this state. Annually, the department may make grants to eligible applicants for surface transportation projects that promote nonhighway use or that otherwise supplement existing transportation activities. A grant may not exceed 80% of the total cost of a project. The department shall give priority to funding projects that foster alternatives to single-occupancy automobile trips. In deciding whether to award a grant under this section, the department may consider whether other funding sources are available for the proposed project.

AB133-ASA1-CA1, s. 1852gd Section 1852gd. 85.243 (2) (ar) of the statutes is created to read:

AB133-ASA1-CA1,372,15 85.243 (2) (ar) The department may not approve a grant under par. (a) until after enactment of the biennial budget act for the biennium during which the grant will be awarded. The total amount of grants awarded under par. (a) and paid from the appropriations under s. 20.395 (2) (jq), (jv) and (jx) may not exceed the amounts appropriated under s. 20.395 (2) (jq), (jv) and (jx) for the biennium during which the grants are awarded. If the department determines that a grant was awarded under par. (a) for a project on which construction will not be completed within a reasonable time after the grant is awarded, the department may withdraw that grant and the amount of the grant so withdrawn may not be counted under this paragraph.".

AB133-ASA1-CA1,372,17 1040. Page 974, line 21: delete that line and substitute: "86.19 (1r) The department shall maintain".

AB133-ASA1-CA1,372,20 1041. Page 974, line 22: delete "directional signs along I 43" and substitute "the directional sign existing on the effective date of this subsection .... (revisor inserts date), that is located along I 43".

AB133-ASA1-CA1,372,22 1042. Page 974, line 23: delete "any sign erected and" and substitute "the sign".

AB133-ASA1-CA1,372,23 1043. Page 974, line 24: after that line insert:

AB133-ASA1-CA1,372,24 " Section 1855rm. 86.255 of the statutes is created to read:

AB133-ASA1-CA1,373,10 86.255 Limitation on moneys used to purchase land remote from highway project. (1) Notwithstanding ss. 84.09 and 86.25, beginning with purchase contracts executed on the effective date of this subsection .... [revisor inserts date], and with relocation orders initially filed under ch. 32 on the effective date of this subsection .... [revisor inserts date], the department may not encumber or expend any moneys from the appropriations under s. 20.395 (3) for purposes related to the purchase of land, easements, or development rights in land, unless the land or interest in land is purchased in association with a highway improvement project and the land or interest in land is located within one-quarter mile of the centerline or proposed centerline of the highway.

AB133-ASA1-CA1,373,11 (2) Subsection (1) does not apply to any of the following:

AB133-ASA1-CA1,373,14 (a) The purchase of any land that is acquired as compensatory mitigation for another wetland, as defined in s. 23.32 (1), that will suffer an adverse impact by degradation or destruction as part of a highway project.

AB133-ASA1-CA1,373,18 (b) The purchase of any land, easements, or development rights in land, under an agreement executed in the name of the department before the effective date of this paragraph .... [revisor inserts date], or under a relocation order filed under ch. 32 before the effective date of this paragraph .... [revisor inserts date].".

AB133-ASA1-CA1,373,19 1044. Page 974, line 24: after that line insert:

AB133-ASA1-CA1,373,20 " Section 1855rm. 86.195 (2) (ag) 16m. of the statutes is created to read:

AB133-ASA1-CA1,373,22 86.195 (2) (ag) 16m. STH 172 from I 43 southeast of Green Bay to USH 41 at Ashwaubenon.".

AB133-ASA1-CA1,373,24 1045. Page 975, line 11: delete ", $1,692" and substitute "and thereafter, $1,704".

AB133-ASA1-CA1,374,1 1046. Page 975, line 12: delete lines 12 and 13.

AB133-ASA1-CA1,374,3 1047. Page 975, line 17: delete "$83,469,000" and substitute "and $84,059,500".

AB133-ASA1-CA1,374,4 1048. Page 975, line 18: delete "$84,303,700 in calendar year 2001 and".

AB133-ASA1-CA1,374,6 1049. Page 975, line 24: delete "$262,603,400" and substitute "and $264,461,500".

AB133-ASA1-CA1,374,7 1050. Page 975, line 25: delete "$265,229,400 in calendar year 2001 and".

AB133-ASA1-CA1,374,8 1051. Page 976, line 4: delete lines 4 to 23, and substitute:

AB133-ASA1-CA1,374,13 "86.30 (10) Aid payments for calendar year 2001. (a) 1. For calendar year 2001, the department shall determine the percentage change between the amount of moneys appropriated for distribution under this section to counties for calendar year 2001 and the amount of moneys appropriated for distribution under this section to counties for calendar year 2000.

AB133-ASA1-CA1,374,17 2. Notwithstanding sub. (2) (a), (b) and (d) and s. 86.303 (5) (e), (f), (h) and (i), the amount of aid payable to each county in calendar year 2001 shall be the amount paid to that county for calendar year 2000, plus an amount equal to the percentage determined under subd. 1. of the amount paid to the county for calendar year 2000.

AB133-ASA1-CA1,374,22 (b) 1. For calendar year 2001, the department shall determine the percentage change between the amount of moneys appropriated for distribution under this section to municipalities for calendar year 2001 and the amount of moneys appropriated for distribution under this section to municipalities for calendar year 2000.

AB133-ASA1-CA1,375,3 2. Notwithstanding sub. (2) (a), (b) and (d) and s. 86.303 (5) (e), (f), (h) and (i), the amount of aid payable to each municipality in calendar year 2001 shall be the amount paid to that municipality for calendar year 2000, plus an amount equal to the percentage determined under subd. 1. of the amount paid to the municipality for calendar year 2000.".

AB133-ASA1-CA1,375,4 1052. Page 976, line 23: after that line insert:

AB133-ASA1-CA1,375,5 " Section 1863md. 86.30 (11) of the statutes is created to read:

AB133-ASA1-CA1,375,8 86.30 (11) Local segregated account required. (a) Notwithstanding sub. (2), the department may not pay state aid under this section to a municipality or county unless the municipality or county does all of the following:

AB133-ASA1-CA1,375,10 1. Establishes and administers a separate segregated account from which moneys may be used only for purposes related to local highways.

AB133-ASA1-CA1,375,11 2. Deposits in the account established under subd. 1. all of the following:

AB133-ASA1-CA1,375,13 a. All moneys received from this state and from the federal government for local highway purposes.

AB133-ASA1-CA1,375,16 b. All local moneys required by this state, or by the federal government, to match moneys described under subd. 2. a. as a condition of receiving or expending those state or federal moneys.

AB133-ASA1-CA1,375,18 c. All local moneys allocated for local highway purposes by the local governing body.

AB133-ASA1-CA1,375,20 d. All moneys received from a local revenue source that is dedicated to local highways.

AB133-ASA1-CA1,376,5 (b) If a municipality or county does not meet the requirements under par. (a) at the time that aid should be paid under this section, the department shall withhold the aid payment until the municipality or county meets the requirements under par. (a). When the municipality or county meets the requirements under par. (a), the department shall pay the aid withheld under this paragraph, without interest, except that, if the municipality or county fails to meet the requirements under par. (a) within 180 days after the time that the aid should be paid, that aid is forfeited and may not be paid to that municipality or county. Aid that is forfeited under this paragraph shall be counted under sub. (2) as if the aid had been paid.

AB133-ASA1-CA1,376,8 (c) The department, in consultation with the representatives appointed under s. 86.303 (5) (am), shall promulgate rules implementing this subsection. The department may not require any eligible applicant to do any of the following:

AB133-ASA1-CA1,376,10 1. Pay expenses related to law enforcement using moneys from an account established under this subsection.

AB133-ASA1-CA1,376,14 2. Maintain separate checking accounts to implement this subsection, if the eligible applicant implements this subsection by segregating revenues and expenditures described in this subsection in the eligible applicant's bookkeeping system.".

AB133-ASA1-CA1,376,19 1053. Page 978, line 13: before "The department" insert "Not later than December 15, 2001, and biennially thereafter, each municipality and county shall assess the physical condition of highways under its jurisdiction, using a pavement rating system approved by the department and report the results of that assessment to the department.".

AB133-ASA1-CA1,376,21 1054. Page 978, line 13: after "mileage" insert "or other data concerning highways".

AB133-ASA1-CA1,376,22 1055. Page 978, line 15: delete "mileage" and substitute "data".

AB133-ASA1-CA1,376,24 1056. Page 978, line 17: delete "jurisdictional mileage" and substitute "jurisdictional mileage".

AB133-ASA1-CA1,377,2 1057. Page 978, line 18: delete "determination efforts" and substitute "determination efforts under this subsection".

AB133-ASA1-CA1,377,5 1058. Page 978, line 19: delete "years." and substitute "years Information collected under this subsection is inadmissible as evidence, except to show compliance with this subsection.".

AB133-ASA1-CA1,377,6 1059. Page 979, line 25: after that line insert:

AB133-ASA1-CA1,377,7 " Section 1875cb. 86.31 (1) (am) of the statutes is amended to read:

AB133-ASA1-CA1,377,13 86.31 (1) (am) "County highway improvement program district committee" means a committee established by the department by rule under sub. (6) (f) consisting of not more than 5 county executives or county board chairpersons in counties that do not have county executives, or their designees, all of the county highway commissioners from counties within a county highway improvement program district.

AB133-ASA1-CA1, s. 1875cg Section 1875cg. 86.31 (2) (b) of the statutes is amended to read:

AB133-ASA1-CA1,377,22 86.31 (2) (b) Except as provided in par. (d), improvements for highway construction projects funded under the program shall be under contracts. Such contracts shall be awarded on the basis of competitive bids and shall be awarded to the lowest responsible bidder. If a city, village or town or village does not receive a responsible bid for an improvement, the city, village or town or village may contract with a county for the improvement. A town may contract with a county for the improvement subject to the criteria and procedures promulgated as rules under sub. (6) (h).

AB133-ASA1-CA1, s. 1875dc Section 1875dc. 86.31 (2) (d) 1. of the statutes is repealed.

AB133-ASA1-CA1, s. 1875dd Section 1875dd. 86.31 (2) (d) 1m. of the statutes is created to read:

AB133-ASA1-CA1,378,5 86.31 (2) (d) 1m. The county highway department demonstrates that it is cost-effective for it to perform the work and that competitive bidding is to be used for improvements with an estimated total cost at least equal to the total funds allocated for its county trunk highway improvements under the program during the current biennium.

AB133-ASA1-CA1, s. 1875de Section 1875de. 86.31 (2) (d) 2. of the statutes is repealed.

AB133-ASA1-CA1, s. 1875df Section 1875df. 86.31 (2) (d) 3. of the statutes is repealed.

AB133-ASA1-CA1, s. 1875dg Section 1875dg. 86.31 (2) (d) 5. of the statutes is renumbered 86.31 (2) (d) 5. (intro.) and amended to read:

AB133-ASA1-CA1,378,13 86.31 (2) (d) 5. (intro.) Each county highway improvement program district committee shall be responsible for ensuring compliance with this paragraph. do all of the following with respect to any work to be performed by any county highway department within the county highway improvement program district:

AB133-ASA1-CA1, s. 1875dh Section 1875dh. 86.31 (2) (d) 5. a. and b. of the statutes are created to read:

AB133-ASA1-CA1,378,16 86.31 (2) (d) 5. a. Review the proposed work and determine that it is cost-effective for the county highway department to perform the work.

AB133-ASA1-CA1,378,18 b. Approve the proposed work prior to its being performed by the county highway department.".

AB133-ASA1-CA1,378,19 1060. Page 980, line 1: before that line insert:

AB133-ASA1-CA1,378,20 " Section 1875cd. 86.31 (1) (f) of the statutes is created to read:

AB133-ASA1-CA1,378,21 86.31 (1) (f) "Street" has the meaning given in s. 340.01 (64).

AB133-ASA1-CA1, s. 1875ce Section 1875ce. 86.31 (2) (a) of the statutes is amended to read:

AB133-ASA1-CA1,379,6 86.31 (2) (a) The department shall administer a local roads improvement program to accelerate the improvement of seriously deteriorating local roads by reimbursing political subdivisions for improvements. The selection of improvements that may be funded under the program shall be performed by officials of each political subdivision, consistent with the requirements of subs. (3), (3g) and, (3m) and (3r). The department shall notify each county highway commissioner of any deadline that affects eligibility for reimbursement under the program no later than 15 days before such deadline.

AB133-ASA1-CA1, s. 1875di Section 1875di. 86.31 (3) (b) (intro.) of the statutes is amended to read:

AB133-ASA1-CA1,379,10 86.31 (3) (b) (intro.) From the appropriation under s. 20.395 (2) (fr), after first deducting the funds allocated under subs. (3g) and, (3m) and (3r), the department shall allocate funds for entitlement as follows:".

AB133-ASA1-CA1,379,11 1061. Page 980, line 3: delete "$1,500,000" and substitute "$2,000,000".

AB133-ASA1-CA1,379,12 1062. Page 980, line 6: after that line insert:

AB133-ASA1-CA1,379,13 " Section 1875gd. 86.31 (6) (g) of the statutes is created to read:

AB133-ASA1-CA1,379,17 86.31 (6) (g) Specific criteria for making determinations of cost-effectiveness under sub. (2) (d) 5. a. and procedures for review by the department of disputes relating to whether proposed work to be performed by a county highway department is cost-effective for purposes of sub. (2) (d) 5. a.

AB133-ASA1-CA1, s. 1875ge Section 1875ge. 86.31 (6) (h) of the statutes is created to read:

AB133-ASA1-CA1,379,20 86.31 (6) (h) Criteria and procedures for contracting with a county for a town road improvement that includes at least all of the following:

AB133-ASA1-CA1,379,24 1. A requirement that a written and sealed estimate of the cost of the improvement that includes the source of the estimate be prepared prior to the time set for the opening of bids for the improvement and not be opened until after the opening of all bids.

AB133-ASA1-CA1,380,5 2. A requirement that all bids may be rejected and the contract awarded to a county for the improvement if the lowest bid exceeds the cost estimate under subd. 1. by at least 10% and the town board notifies the 2 lowest bidders or, if only one bid was received, the bidder to provide information on the accuracy of the cost estimate under subd. 1.

AB133-ASA1-CA1,380,7 3. A requirement that the amount of the contract with a county for the improvement be at least 10% below the lowest bid received for the improvement.

AB133-ASA1-CA1,380,10 4. A provision that permits rebidding if the amount of the proposed contract with a county for the improvement is less than 10% below the lowest bid received for the improvement.".

AB133-ASA1-CA1,380,11 1063. Page 980, line 6: after that line insert:

AB133-ASA1-CA1,380,12 " Section 1875fd. 86.31 (3r) of the statutes is created to read:

AB133-ASA1-CA1,380,18 86.31 (3r) Municipal street improvements. From the appropriation under s. 20.395 (2) (fr), the department shall allocate $1,250,000 in fiscal year 1999-2000, and $750,000 in each fiscal year thereafter, to fund municipal street improvement projects having total estimated costs of $250,000 or more. The funding of improvements under this subsection is in addition to the allocation of funds for entitlements under sub. (3).

AB133-ASA1-CA1, s. 1875gc Section 1875gc. 86.31 (6) (d) of the statutes is amended to read:

AB133-ASA1-CA1,380,22 86.31 (6) (d) Procedures for reimbursements for county trunk highway improvements under sub. (3g) and, for town road improvements under sub. (3m) and for municipal street improvements under sub. (3r).".