25,1705f
Section 1705f. 79.04 (4m) of the statutes is created to read:
79.04 (4m) Beginning with distributions in 2007, for production plants described under subs. (1) and (2), if in any year the payments to the municipality and county in which the production plant is located would be greater under subs. (6) and (7) (c) 1. based on the production plant's name-plate capacity than under sub. (1) or (2) based on the depreciated net book value of the production plant, the municipality and county shall receive payments under subs. (6) and (7) (c) 1., rather than under sub. (1) or (2), beginning in that year and in each year thereafter.
25,1705g
Section 1705g. 79.04 (6) (a) of the statutes is amended to read:
79.04 (6) (a) Annually, beginning in 2005, for production plants that begin operation after December 31, 2003, or begin operation as a repowered production plant after December 31, 2003, except as provided in sub. (4m), the department of administration, upon certification by the department of revenue, shall distribute payments from the public utility account, as determined under par. (b), to each municipality and county in which a production plant is located, if the production plant has a name-plate capacity of at least one megawatt and is used by a light, heat, or power company assessed under s. 76.28 (2) or 76.29 (2), except property described in s. 66.0813, unless the production plant is owned or operated by a local governmental unit located outside of the municipality; by a qualified wholesale electric company, as defined in s. 76.28 (1) (gm); by a wholesale merchant plant, as defined in s. 196.491 (1) (w); by an electric cooperative assessed under ss. 76.07 and 76.48, respectively; or by a municipal electric company under s. 66.0825.
25,1706
Section
1706. 79.043 (4) of the statutes is amended to read:
79.043 (4) Except as provided under s. 79.02 (3) (e), beginning in 2004 the total amount to be distributed each year to municipalities from the aid account is $703,102,200 $702,483,300.
25,1710
Section
1710. 79.095 (4) of the statutes is amended to read:
79.095 (4) Payment. The department shall calculate the payments due each taxing jurisdiction under this section by multiplying the full value as of the January 1 of the preceding year of the property that is exempt under s. 70.11 (39) and (39m) and that is located in the jurisdiction by the full-value gross tax rate of the jurisdiction for the preceding year. The department shall certify the amount of the payment due each taxing jurisdiction to the department of administration, which shall make the payments on or before the first Monday in May except that, beginning in 2007, the department of administration shall make the payments on or before the 4th Monday in July. For purposes of ch. 121, school districts shall treat the payments made in July under this subsection as if they had been received in the previous school year.
25,1717
Section
1717. 79.14 of the statutes is amended to read:
79.14 School levy tax credit. The appropriation under s. 20.835 (3) (b) is $319,305,000 in 1994, 1995, and 1996 and is; $469,305,000 beginning in 1997 and ending in 2006; and $5
19,305,000 in 2007 and in each year thereafter.
25,1718g
Section 1718g. 84.01 (30) (intro.) of the statutes is amended to read:
84.01 (30) Build-operate-lease or transfer agreements. (intro.) The department may enter into build-operate-lease or transfer agreements with private entities for the construction of transportation projects, including any projects to be financed under s. 84.59 for transportation administrative facilities under s. 84.01 (28) and, for projects that are not purchased by the state upon their completion, for the maintenance and operation of such projects. A project under this subsection may be constructed on state-owned land. An agreement under this subsection may not be entered into unless the department determines that the agreement advances the public interest, and the private entity has prior experience in design, construction, site development and environmental impact analysis and, for a project that is not expected to be purchased by the state upon its completion, has the capability of maintaining and operating the facility upon completion of the project. The following provisions shall be contained in any build-operate-lease or transfer agreement under this subsection, except that they shall be included in an agreement for a sale of property under par. (g) 3. only if they are relevant to that sale:
25,1718i
Section 1718i. 84.01 (30) (g) 3. of the statutes is created to read:
84.01 (30) (g) 3. Notwithstanding any other statute, the department may sell, at fair market value, the real estate upon which a park-and-ride facility is or may be located, if the department determines that the sale is in the best interests of the public and the department determines that the real estate will be used in a manner consistent with the state's transportation interests.
25,1718m
Section 1718m. 84.013 (2) (b) of the statutes is amended to read:
84.013 (2) (b) Except as provided in ss. 84.014, 84.03 (3), and 84.555, and subject to s. 86.255, reconditioning, reconstruction and resurfacing of highways shall be funded from the appropriations under s. ss. 20.395 (3) (cq) to (cx) and 20.866 (2) (uur).
25,1719
Section
1719. 84.014 (2) of the statutes is amended to read:
84.014 (2) Subject to ss. 84.555 and 86.255, any southeast Wisconsin freeway rehabilitation projects, including the Marquette interchange reconstruction project and projects that involve adding one or more lanes 5 miles or more in length to the existing freeway, may be funded only from the appropriations under ss. 20.395 (3) (cr), (ct), (cw), and (cy) and 20.866 (2) (uum) and (uup).
25,1719g
Section 1719g. 84.014 (4) of the statutes is renumbered 84.014 (4) (a).
25,1719h
Section 1719h. 84.014 (4) (b) of the statutes is created to read:
84.014 (4) (b) In each fiscal year in which the department expends or encumbers funds for the Marquette interchange reconstruction project, the department shall, to the maximum extent possible, expend or encumber funds allocated under s. 20.395 (3) (cr) and (cy) for the project for that fiscal year before bonds under s. 20.866 (2) (uup) may be issued for the project in that fiscal year.
25,1719i
Section 1719i. 84.014 (4) (c) of the statutes is created to read:
84.014 (4) (c) Notwithstanding s. 16.42 (1), in submitting information under s. 16.42 for purposes of the 2009-11 biennial budget act and, to the extent the department maintains expenditure authorization under s. 20.395 (3) (cr), each biennial budget act thereafter, if the department determines that the amount of funds shown in the schedule, as defined in s. 84.03 (2) (a) 2., for the appropriation under s. 20.395 (6) (au) in the 2nd year of the current fiscal biennium exceeds the amount of funds needed for debt service payments under s. 20.395 (6) (au) in the first year of the fiscal biennium for which information is submitted, the department shall add the difference in these amounts to the amount of funds shown in the schedule, as defined in s. 84.03 (2) (a) 2., for the appropriation under s. 20.395 (3) (cr) in the 2nd year of the current fiscal biennium for the purpose of establishing its base level funding for the appropriation under s. 20.395 (3) (cr) in submitting its biennial budget request. In determining the amount of funds needed for debt service payments under s. 20.395 (6) (au) in the first year of the fiscal biennium for which information is submitted, the department shall assume that no additional bonds will be issued under s. 20.866 (2) (uup) during the fiscal biennium for which information is submitted.
25,1719L
Section 1719L. 84.03 (3) (a) of the statutes is amended to read:
84.03
(3) (a) Subject to par. (b), the department shall, from the appropriations under s. 20.395 (3) (cr) and (cy), award a grant of $5,000,000 from the amounts allocated for the Marquette interchange reconstruction project under
2001 Wisconsin Act 16, section
9152 (5w),
shall award a grant of $2,500,000 under s. 86.31 (3s), and shall award grants totaling $2,500,000 from the appropriation under s. 20.395 (3) (ck), to the city of Milwaukee for reconstruction of West Canal Street and extension of West Canal Street to USH 41 at Miller Park in the city of Milwaukee to serve as a transportation corridor for the purpose of mitigating traffic associated with the reconstruction of the Marquette interchange.
25,1719r
Section 1719r. 84.03 (3) (b) of the statutes is amended to read:
84.03 (3) (b) No grant may be awarded under par. (a) or s. 86.31 (3s) unless the city of Milwaukee contributes $10,000,000 toward the West Canal Street reconstruction and extension project.
25,1723
Section
1723. 84.09 (9) of the statutes is created to read:
84.09 (9) Subsections (5), (5m), and (6) do not apply to state surplus property that is sold under s. 16.848.
25,1723m
Section 1723m. 84.115 of the statutes is created to read:
84.115 Bridge in Door County. (1) Notwithstanding ss. 84.11 and 84.14, and subject to sub. (3) (b), the department shall construct a bridge in the city of Sturgeon Bay in Door County that connects upper Door County and lower Door County. Construction of the bridge shall commence not later than one year after the effective date of this subsection .... [revisor inserts date] and prior to reconstruction of the Michigan Street Bridge in the city of Sturgeon Bay in Door County.
(2) (a) In this subsection, "design-build procurement process" means a method of contracting for a project under which the engineering, design, and construction services are provided by a single private entity or consortium that is selected as part of a single bidding process for the project.
(b) Notwithstanding ss. 84.01 (13), 84.06 (2), and 84.11 (5n), the department may utilize a design-build procurement process for the project specified in sub. (1) if all of the following conditions are met:
1. The contract is awarded through a competitive selection process that utilizes, at a minimum, contractor qualifications, quality, completion time, and cost as award criteria. To be eligible to participate in the selection process, a bidder must have prior experience in design and construction and must be prequalified by the department as a design consultant and as a contractor.
2. The contract is approved by the appropriate federal authority if, in the judgment of the secretary, such approval is necessary for purposes relating to state eligibility for federal aid.
(3) (a) Notwithstanding s. 84.11 (5m), the bridge project specified in sub. (1) shall be funded only from the appropriations under s. 20.395 (3) (cq), (cv), and (cx).
(b) Door County shall contribute $1,500,000 to fund its share of the costs of the bridge project specified in sub. (1). The city of Sturgeon Bay shall acquire lands necessary for rights-of-way and other purposes, and construct or reconstruct as necessary all highway approaches, associated with construction of the bridge specified in sub. (1), but shall not otherwise be required to contribute to the costs of the bridge project specified in sub. (1).
25,1725m
Section 1725m. 84.185 (8r) of the statutes is created to read:
84.185 (8r) Ethanol production facilities. The department may not make a grant under this section after the effective date of this subsection .... [revisor inserts date], for an improvement related to an economic development project that involves the construction of an ethanol production facility, unless the department determines a competitive bidding process is used for the construction of the ethanol production facility.
25,1727
Section
1727. 84.555 (1m) of the statutes is renumbered 84.555 (1m) (a) and amended to read:
84.555 (1m) (a) Notwithstanding sub. (1) and ss. 84.51 and 84.59,
and subject to par. (b), the proceeds of general obligation bonds issued under s. 20.866 (2) (uum) are allocated for expenditure obligations under s. 84.95 and s. 84.014 and the proceeds of general obligation bonds issued under s. 20.866 (2) (uup) may be used to fund expenditure obligations for the Marquette interchange reconstruction project under s. 84.014.
25,1727g
Section 1727g. 84.555 (1m) (b) of the statutes is created to read:
84.555 (1m) (b) No bonds may be issued under s. 20.866 (2) (uup) to fund the Marquette interchange reconstruction project under s. 84.014 unless all of the following conditions are satisfied:
1. Funds allocated under s. 20.395 (3) (cr) and (cy) for the Marquette interchange reconstruction project for the fiscal year in which the bonds are to be issued are not sufficient to meet estimated expenditure obligations for the project in that fiscal year and the bond issuance results in an amount of bond proceeds in that fiscal year that does not exceed the difference between the estimated expenditure obligations for the project in that fiscal year and the amount of funds allocated under s. 20.395 (3) (cr) and (cy) for the project for that fiscal year.
2. Bonds to be issued during the 2005-07 fiscal biennium bear a maturity date not later than June 30 of the 2nd fiscal year following the fiscal year in which the bonds are issued and bonds to be issued after the 2005-07 fiscal biennium bear a maturity date not later than June 30 of the fiscal year immediately following the fiscal year in which the bonds are issued.
25,1728
Section
1728. 84.59 (6) of the statutes is amended to read:
84.59 (6) The building commission may contract revenue obligations when it reasonably appears to the building commission that all obligations incurred under this section can be fully paid from moneys received or anticipated and pledged to be received on a timely basis. Except as provided in this subsection, the principal amount of revenue obligations issued under this section may not exceed $2,095,583,900 $2,324,377,900, excluding any obligations that have been defeased under a cash optimization program administered by the building commission, to be used for transportation facilities under s. 84.01 (28) and major highway projects for the purposes under ss. 84.06 and 84.09. In addition to the foregoing limit on principal amount, the building commission may contract revenue obligations under this section as the building commission determines is desirable to refund outstanding revenue obligations contracted under this section and to pay expenses associated with revenue obligations contracted under this section.
25,1728m
Section 1728m. 84.95 of the statutes is amended to read:
84.95 General obligation bonding for highway rehabilitation projects. Notwithstanding ss. 84.51, 84.53, and 84.59, under s. 84.555 state highway rehabilitation projects for the purposes specified in s. 20.395 (3) (cq) may, under s. 84.555, be funded with the proceeds of general obligation bonds issued under s. 20.866 (2) (uum) and such projects may be funded with the proceeds of general obligation bonds issued under s. 20.866 (2) (uur).
25,1730m
Section 1730m. 85.022 (3) of the statutes is amended to read:
85.022 (3) A recipient of funding under this section shall make the results of its study available to any interested city, village, town or county and shall comply with the requirements of s. 59.58 (6) (dm), if applicable.
25,1732g
Section 1732g. 85.064 (1) (b) of the statutes is amended to read:
85.064 (1) (b) "Political subdivision" means any city, village, town, county, transit commission organized under s. 59.58 (2) or 66.1021 or recognized under s. 66.0301, or regional transportation transit authority organized under s. 59.58 (6) within this state.
25,1732r
Section 1732r. 85.064 (4) of the statutes is created to read:
85.064 (4) Any recipient of a grant under this section shall comply with the requirements of s. 59.58 (6) (dm), if applicable.
25,1733
Section
1733. 85.103 (6) of the statutes is amended to read:
85.103 (6) The department may disclose the personal identifier of any person who has made a designation under sub. (2) or (3) if the department discloses the personal identifier under s. 341.17 (9), 342.06, 343.027, 343.14, 343.234, 343.235, 343.24 (3) and (4), or 343.245 (3m).
25,1734
Section
1734. 85.20 (4m) (a) 6. cm. of the statutes is amended to read:
85.20 (4m) (a) 6. cm. For aid payable for calendar year 2002, from the appropriation under s. 20.395 (1) (ht), the department shall pay $55,697,800 to the eligible applicant that pays the local contribution required under par. (b) 1. for an urban mass transit system that has annual operating expenses in excess of $80,000,000. For aid payable for calendar year 2003 and for each calendar year thereafter years 2004 and 2005, from the appropriation under s. 20.395 (1) (ht), the department shall pay $56,811,800 to the eligible applicant that pays the local contribution required under par. (b) 1. for an urban mass transit system that has annual operating expenses in excess of $80,000,000. From the appropriation under s. 20.395 (1) (ht), the department shall pay $57,948,000 for aid payable for calendar year 2006, and $59,107,000 for aid payable for calendar year 2007 and thereafter, to the eligible applicant that pays the local contribution required under par. (b) 1. for an urban mass transit system that has annual operating expenses in excess of $80,000,000. If the eligible applicant that receives aid under this subd. 6. cm. is served by more than one urban mass transit system, the eligible applicant may allocate the aid between the urban mass transit systems in any manner the eligible applicant considers desirable.
25,1735
Section
1735. 85.20 (4m) (a) 6. d. of the statutes is amended to read:
85.20 (4m) (a) 6. d. For aid payable for calendar year 2002, from the appropriation under s. 20.395 (1) (hu), the department shall pay $14,869,500 to the eligible applicant that pays the local contribution required under par. (b) 1. for an urban mass transit system that has annual operating expenses in excess of $20,000,000 but less than $80,000,000. For aid payable for calendar year 2003 and for each calendar year thereafter years 2004 and 2005, from the appropriation under s. 20.395 (1) (hu), the department shall pay $15,166,900 to the eligible applicant that pays the local contribution required under par. (b) 1. for an urban mass transit system that has annual operating expenses in excess of $20,000,000 but less than $80,000,000. From the appropriation under s. 20.395 (1) (hu), the department shall pay $15,470,200 for aid payable for calendar year 2006, and $15,779,600 for aid payable for calendar year 2007 and thereafter, to the eligible applicant that pays the local contribution required under par. (b) 1. for an urban mass transit system that has annual operating expenses in excess of $20,000,000 but less than $80,000,000. If the eligible applicant that receives aid under this subd. 6. d. is served by more than one urban mass transit system, the eligible applicant may allocate the aid between the urban mass transit systems in any manner the eligible applicant considers desirable.
25,1736
Section
1736. 85.20 (4m) (a) 7. b. of the statutes is amended to read:
85.20 (4m) (a) 7. b. For the purpose of making allocations under subd. 7. a., the amounts for aids are $20,596,400 in calendar year 2002, $21,008,300 in calendar year 2003, and $21,757,600 in calendar year 2004 and in each calendar year thereafter years 2004 and 2005, $22,192,800 in calendar year 2006, and $22,636,700 in calendar year 2007 and thereafter. These amounts, to the extent practicable, shall be used to determine the uniform percentage in the particular calendar year.
25,1737
Section
1737. 85.20 (4m) (a) 8. b. of the statutes is amended to read:
85.20 (4m) (a) 8. b. For the purpose of making allocations under subd. 8. a., the amounts for aids are $5,563,100 in calendar year 2002, $5,674,400 in calendar year 2003, and $4,925,100 in calendar year 2004 and in each calendar year thereafter years 2004 and 2005, $5,023,600 in calendar year 2006, and $5,124,100 in calendar year 2007 and thereafter. These amounts, to the extent practicable, shall be used to determine the uniform percentage in the particular calendar year.
25,1739
Section
1739. 86.30 (2) (a) 3. of the statutes is amended to read:
86.30 (2) (a) 3. For each mile of road or street under the jurisdiction of a municipality as determined under s. 86.302, the mileage aid payment shall be $1,755 in calendar year 2002, and $1,825 in calendar year 2003
years 2004 and 2005, $1,862 in calendar year 2006, and $1,899 in calendar year 2007 and thereafter.
25,1740
Section
1740. 86.30 (9) (b) of the statutes is amended to read:
86.30 (9) (b) For the purpose of calculating and distributing aids under sub. (2), the amounts for aids to counties are $86,581,300 in calendar year 2002, and $90,044,600 in calendar year 2003 years 2004 and 2005, $91,845,500 in calendar year 2006, and $93,682,400 in calendar year 2007 and thereafter. These amounts, to the extent practicable, shall be used to determine the statewide county average cost-sharing percentage in the particular calendar year.
25,1741
Section
1741. 86.30 (9) (c) of the statutes is amended to read:
86.30 (9) (c) For the purpose of calculating and distributing aids under sub. (2), the amounts for aids to municipalities are $272,395,300 in calendar year 2002, and $283,291,100 in calendar year 2003 years 2004 and 2005, $288,956,900 in calendar year 2006, and $294,736,000 in calendar year 2007 and thereafter. These amounts, to the extent practicable, shall be used to determine the statewide municipal average cost-sharing percentage in the particular calendar year.
25,1741b
Section 1741b. 86.31 (1) (b) of the statutes is repealed and recreated to read:
86.31 (1) (b) "Improvement" means:
1. With respect to a project funded under sub. (3), a highway construction project with a projected design life of at least 10 years or a feasibility study of a highway construction project with a projected design life of at least 10 years.
2. With respect to a project funded under subs. (3g) to (3r), a single highway construction project that may be let to contract in one or more components, with a projected design life of at least 10 years and that meets the minimum cost thresholds in subs. (3g) to (3r).
25,1741d
Section 1741d. 86.31 (2) (b) of the statutes is amended to read:
86.31 (2) (b) Except as provided in par. (d), improvements for highway construction projects funded under the program sub. (3) 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 or village does not receive a responsible bid for an improvement, the city 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).
25,1741e
Section 1741e. 86.31 (2) (br) of the statutes is created to read:
86.31 (2) (br) Improvements for highway construction projects funded under subs. (3g) to (3r) shall in all cases be under contracts. Such contracts shall be awarded on the basis of competitive bids and shall be awarded to the lowest responsible bidder.
25,1741g
Section 1741g. 86.31 (2) (c) of the statutes is amended to read:
86.31 (2) (c) Improvements consisting of feasibility studies funded under the program sub. (3) may be performed by political subdivisions or the department of transportation, including the making and execution of all contracts.
25,1741h
Section 1741h. 86.31 (2) (d) (intro.) of the statutes is amended to read:
86.31 (2) (d) (intro.) County trunk highway improvements funded under the program sub. (3), including the hauling and laying of asphaltic hot mix, may be performed by county highway departments, subject to the following restrictions:
25,1741j
Section 1741j. 86.31 (3) (title) of the statutes is repealed and recreated to read:
86.31 (3) (title) Entitlement component.
25,1741k
Section 1741k. 86.31 (3) (a) (intro.) of the statutes is amended to read:
86.31 (3) (a) (intro.) Funds provided under s. 20.395 (2) (fr) shall be distributed under this subsection. For purposes of entitlement, the program shall consist of the following components:
25,1741m
Section 1741m. 86.31 (3) (b) (intro.) of the statutes is amended to read:
