AB100-engrossed,740,5
179.04
(2) (am) 1. Beginning with the distribution under this subsection in 1991,
2and ending with the distribution under this subsection in 2006, the amount
3determined under par. (a) to value property used by a light, heat or power company
4in a county may not be less than the amount determined to value the property for the
5distribution to the county under this subsection in 1990, subject to subds. 2. and 3.
AB100-engrossed,740,137
79.04
(4m) Beginning with distributions in 2007, for production plants
8described under subs. (1) and (2), if in any year the payments to the municipality and
9county in which the production plant is located would be greater under subs. (6) and
10(7) (c) 1. based on the production plant's name-plate capacity than under sub. (1) or
11(2) based on the depreciated net book value of the production plant, the municipality
12and county shall receive payments under subs. (6) and (7) (c) 1., rather than under
13sub. (1) or (2), beginning in that year and in each year thereafter.
AB100-engrossed,741,215
79.04
(6) (a) Annually, beginning in 2005, for production plants that begin
16operation after December 31, 2003, or begin operation as a repowered production
17plant after December 31, 2003,
except as provided in sub. (4m), the department of
18administration, upon certification by the department of revenue, shall distribute
19payments from the public utility account, as determined under par. (b), to each
20municipality and county in which a production plant is located, if the production
21plant has a name-plate capacity of at least one megawatt and is used by a light, heat,
22or power company assessed under s. 76.28 (2) or 76.29 (2), except property described
23in s. 66.0813, unless the production plant is owned or operated by a local
24governmental unit located outside of the municipality; by a qualified wholesale
25electric company, as defined in s. 76.28 (1) (gm); by a wholesale merchant plant, as
1defined in s. 196.491 (1) (w); by an electric cooperative assessed under ss. 76.07 and
276.48, respectively; or by a municipal electric company under s. 66.0825.
****Note: This is reconciled s. 79.02 (2) (b). This Section has been affected by
LRB-1231/4 and LRB-1229/3.
AB100-engrossed,741,64
79.043
(4) Except as provided under s. 79.02 (3) (e), beginning in 2004 the total
5amount to be distributed each year to municipalities from the aid account is
6$703,102,200 $702,483,300.
AB100-engrossed,741,188
79.095
(4) Payment. The department shall calculate the payments due each
9taxing jurisdiction under this section by multiplying the full value as of the January
101 of the preceding year of the property that is exempt under s. 70.11 (39) and (39m)
11and that is located in the jurisdiction by the full-value gross tax rate of the
12jurisdiction for the preceding year. The department shall certify the amount of the
13payment due each taxing jurisdiction to the department of administration, which
14shall make the payments on or before the first Monday in May
except that, beginning
15in 2007, the department of administration shall make the payments on or before the
164th Monday in July. For purposes of ch. 121, school districts shall treat the payments
17made in July under this subsection as if they had been received in the previous school
18year.
AB100-engrossed,741,22
2079.14 School levy tax credit. The appropriation under s. 20.835 (3) (b) is
21$319,305,000 in 1994, 1995
, and 1996
and is; $469,305,000
beginning in 1997 and
22ending in 2006; and $519,305,000 in 2007 and in each year thereafter.
AB100-engrossed,742,15
184.01
(30) Build-operate-lease or transfer agreements. (intro.) The
2department may enter into build-operate-lease or transfer agreements with private
3entities for the construction of transportation projects, including any projects to be
4financed under s. 84.59 for transportation administrative facilities under s. 84.01
5(28) and, for projects that are not purchased by the state upon their completion, for
6the maintenance and operation of such projects. A project under this subsection may
7be constructed on state-owned land. An agreement under this subsection may not
8be entered into unless the department determines that the agreement advances the
9public interest, and the private entity has prior experience in design, construction,
10site development and environmental impact analysis and, for a project that is not
11expected to be purchased by the state upon its completion, has the capability of
12maintaining and operating the facility upon completion of the project. The following
13provisions shall be contained in any build-operate-lease or transfer agreement
14under this subsection
, except that they shall be included in an agreement for a sale
15of property under par. (g) 3. only if they are relevant to that sale:
AB100-engrossed,742,2117
84.01
(30) (g) 3. Notwithstanding any other statute, the department may sell,
18at fair market value, the real estate upon which a park-and-ride facility is or may
19be located, if the department determines that the sale is in the best interests of the
20public and the department determines that the real estate will be used in a manner
21consistent with the state's transportation interests.
AB100-engrossed,743,223
84.013
(2) (b) Except as provided in ss. 84.014, 84.03 (3), and 84.555, and
24subject to s. 86.255, reconditioning, reconstruction and resurfacing of highways shall
1be funded from the appropriations under
s.
ss. 20.395 (3) (cq) to (cx)
and 20.866 (2)
2(uur).
AB100-engrossed,743,84
84.014
(2) Subject to ss. 84.555 and 86.255, any southeast Wisconsin freeway
5rehabilitation projects, including the Marquette interchange reconstruction project
6and projects that involve adding one or more lanes 5 miles or more in length to the
7existing freeway, may be funded only from the appropriations under ss. 20.395 (3)
8(cr),
(ct), (cw), and (cy) and 20.866 (2) (uum)
and (uup).
AB100-engrossed,743,1511
84.014
(4) (b) In each fiscal year in which the department expends or
12encumbers funds for the Marquette interchange reconstruction project, the
13department shall, to the maximum extent possible, expend or encumber funds
14allocated under s. 20.395 (3) (cr) and (cy) for the project for that fiscal year before
15bonds under s. 20.866 (2) (uup) may be issued for the project in that fiscal year.
AB100-engrossed,744,817
84.014
(4) (c) Notwithstanding s. 16.42 (1), in submitting information under
18s. 16.42 for purposes of the 2009-11 biennial budget act and, to the extent the
19department maintains expenditure authorization under s. 20.395 (3) (cr), each
20biennial budget act thereafter, if the department determines that the amount of
21funds shown in the schedule, as defined in s. 84.03 (2) (a) 2., for the appropriation
22under s. 20.395 (6) (au) in the 2nd year of the current fiscal biennium exceeds the
23amount of funds needed for debt service payments under s. 20.395 (6) (au) in the first
24year of the fiscal biennium for which information is submitted, the department shall
25add the difference in these amounts to the amount of funds shown in the schedule,
1as defined in s. 84.03 (2) (a) 2., for the appropriation under s. 20.395 (3) (cr) in the
22nd year of the current fiscal biennium for the purpose of establishing its base level
3funding for the appropriation under s. 20.395 (3) (cr) in submitting its biennial
4budget request. In determining the amount of funds needed for debt service
5payments under s. 20.395 (6) (au) in the first year of the fiscal biennium for which
6information is submitted, the department shall assume that no additional bonds will
7be issued under s. 20.866 (2) (uup) during the fiscal biennium for which information
8is submitted.
AB100-engrossed,744,1810
84.03
(3) (a) Subject to par. (b), the department shall, from the appropriations
11under s. 20.395 (3) (cr) and (cy), award a grant of $5,000,000 from the amounts
12allocated for the Marquette interchange reconstruction project under
2001
13Wisconsin Act 16, section
9152 (5w),
shall award a grant of $2,500,000 under s. 86.31
14(3s), and shall award grants totaling $2,500,000 from the appropriation under s.
1520.395 (3) (ck), to the city of Milwaukee for reconstruction of West Canal Street and
16extension of West Canal Street to USH 41 at Miller Park in the city of Milwaukee to
17serve as a transportation corridor for the purpose of mitigating traffic associated
18with the reconstruction of the Marquette interchange.
AB100-engrossed,744,2220
84.03
(3) (b) No grant may be awarded under par. (a)
or s. 86.31 (3s) unless the
21city of Milwaukee contributes $10,000,000 toward the West Canal Street
22reconstruction and extension project.
AB100-engrossed,744,2524
84.09
(9) Subsections (5), (5m), and (6) do not apply to state surplus property
25that is sold under s. 16.848.
AB100-engrossed,745,7
284.115 Bridge in Door County. (1) Notwithstanding ss. 84.11 and 84.14, and
3subject to sub. (3) (b), the department shall construct a bridge in the city of Sturgeon
4Bay in Door County that connects upper Door County and lower Door County.
5Construction of the bridge shall commence not later than one year after the effective
6date of this subsection .... [revisor inserts date] and prior to reconstruction of the
7Michigan Street Bridge in the city of Sturgeon Bay in Door County.
AB100-engrossed,745,11
8(2) (a) In this subsection, "design-build procurement process" means a method
9of contracting for a project under which the engineering, design, and construction
10services are provided by a single private entity or consortium that is selected as part
11of a single bidding process for the project.
AB100-engrossed,745,1412
(b) Notwithstanding ss. 84.01 (13), 84.06 (2), and 84.11 (5n), the department
13may utilize a design-build procurement process for the project specified in sub. (1)
14if all of the following conditions are met:
AB100-engrossed,745,1915
1. The contract is awarded through a competitive selection process that
16utilizes, at a minimum, contractor qualifications, quality, completion time, and cost
17as award criteria. To be eligible to participate in the selection process, a bidder must
18have prior experience in design and construction and must be prequalified by the
19department as a design consultant and as a contractor.
AB100-engrossed,745,2220
2. The contract is approved by the appropriate federal authority if, in the
21judgment of the secretary, such approval is necessary for purposes relating to state
22eligibility for federal aid.
AB100-engrossed,745,24
23(3) (a) Notwithstanding s. 84.11 (5m), the bridge project specified in sub. (1)
24shall be funded only from the appropriations under s. 20.395 (3) (cq), (cv), and (cx).
AB100-engrossed,746,6
1(b) Door County shall contribute $1,500,000 to fund its share of the costs of the
2bridge project specified in sub. (1). The city of Sturgeon Bay shall acquire lands
3necessary for rights-of-way and other purposes, and construct or reconstruct as
4necessary all highway approaches, associated with construction of the bridge
5specified in sub. (1), but shall not otherwise be required to contribute to the costs of
6the bridge project specified in sub. (1).
AB100-engrossed,746,138
84.185
(8r) Ethanol production facilities. The department may not make a
9grant under this section after the effective date of this subsection .... [revisor inserts
10date], for an improvement related to an economic development project that involves
11the construction of an ethanol production facility, unless the department determines
12a competitive bidding process is used for the construction of the ethanol production
13facility.
AB100-engrossed, s. 1727
14Section
1727. 84.555 (1m) of the statutes is renumbered 84.555 (1m) (a) and
15amended to read:
AB100-engrossed,746,2116
84.555
(1m) (a) Notwithstanding sub. (1) and ss. 84.51 and 84.59,
and subject
17to par. (b), the proceeds of general obligation bonds issued under s. 20.866 (2) (uum)
18are allocated for expenditure obligations under s. 84.95 and s. 84.014
and the
19proceeds of general obligation bonds issued under s. 20.866 (2) (uup) may be used to
20fund expenditure obligations for the Marquette interchange reconstruction project
21under s. 84.014.
AB100-engrossed,746,2523
84.555
(1m) (b) No bonds may be issued under s. 20.866 (2) (uup) to fund the
24Marquette interchange reconstruction project under s. 84.014 unless all of the
25following conditions are satisfied:
AB100-engrossed,747,7
11. Funds allocated under s. 20.395 (3) (cr) and (cy) for the Marquette
2interchange reconstruction project for the fiscal year in which the bonds are to be
3issued are not sufficient to meet estimated expenditure obligations for the project in
4that fiscal year and the bond issuance results in an amount of bond proceeds in that
5fiscal year that does not exceed the difference between the estimated expenditure
6obligations for the project in that fiscal year and the amount of funds allocated under
7s. 20.395 (3) (cr) and (cy) for the project for that fiscal year.
AB100-engrossed,747,128
2. Bonds to be issued during the 2005-07 fiscal biennium bear a maturity date
9not later than June 30 of the 2nd fiscal year following the fiscal year in which the
10bonds are issued and bonds to be issued after the 2005-07 fiscal biennium bear a
11maturity date not later than June 30 of the fiscal year immediately following the
12fiscal year in which the bonds are issued.
AB100-engrossed,748,214
84.59
(6) The building commission may contract revenue obligations when it
15reasonably appears to the building commission that all obligations incurred under
16this section can be fully paid from moneys received or anticipated and pledged to be
17received on a timely basis. Except as provided in this subsection, the principal
18amount of revenue obligations issued under this section may not exceed
19$2,095,583,900 $2,324,377,900, excluding any obligations that have been defeased
20under a cash optimization program administered by the building commission, to be
21used for transportation facilities under s. 84.01 (28) and major highway projects for
22the purposes under ss. 84.06 and 84.09. In addition to the foregoing limit on principal
23amount, the building commission may contract revenue obligations under this
24section as the building commission determines is desirable to refund outstanding
1revenue obligations contracted under this section and to pay expenses associated
2with revenue obligations contracted under this section.
AB100-engrossed,748,9
484.95 General obligation bonding for highway rehabilitation projects. 5Notwithstanding ss. 84.51, 84.53, and 84.59,
under s. 84.555 state highway
6rehabilitation projects for the purposes specified in s. 20.395 (3) (cq) may
, under s.
784.555, be funded with the proceeds of general obligation bonds
issued under s.
820.866 (2) (uum) and such projects may be funded with the proceeds of general
9obligation bonds issued under s. 20.866 (2) (uur).
AB100-engrossed,748,1311
85.022
(3) A recipient of funding under this section shall make the results of
12its study available to any interested city, village, town or county
and shall comply
13with the requirements of s. 59.58 (6) (dm), if applicable.
AB100-engrossed,748,1815
85.064
(1) (b) "Political subdivision" means any city, village, town, county,
16transit commission organized under s. 59.58 (2) or 66.1021 or recognized under s.
1766.0301, or regional
transportation transit authority organized under s. 59.58 (6)
18within this state.
AB100-engrossed,748,2120
85.064
(4) Any recipient of a grant under this section shall comply with the
21requirements of s. 59.58 (6) (dm), if applicable.
AB100-engrossed,749,223
85.103
(6) The department may disclose the personal identifier of any person
24who has made a designation under sub. (2) or (3) if the department discloses the
1personal identifier under s. 341.17 (9),
342.06, 343.027, 343.14, 343.234, 343.235,
2343.24 (3) and (4), or 343.245 (3m).
AB100-engrossed,749,204
85.20
(4m) (a) 6. cm.
For aid payable for calendar year 2002, from the
5appropriation under s. 20.395 (1) (ht), the department shall pay $55,697,800 to the
6eligible applicant that pays the local contribution required under par. (b) 1. for an
7urban mass transit system that has annual operating expenses in excess of
8$80,000,000. For aid payable for calendar
year 2003 and for each calendar year
9thereafter years 2004 and 2005, from the appropriation under s. 20.395 (1) (ht), the
10department shall pay $56,811,800 to the eligible applicant that pays the local
11contribution required under par. (b) 1. for an urban mass transit system that has
12annual operating expenses in excess of $80,000,000.
From the appropriation under
13s. 20.395 (1) (ht), the department shall pay $57,948,000 for aid payable for calendar
14year 2006, and $59,107,000 for aid payable for calendar year 2007 and thereafter, to
15the eligible applicant that pays the local contribution required under par. (b) 1. for
16an urban mass transit system that has annual operating expenses in excess of
17$80,000,000. If the eligible applicant that receives aid under this subd. 6. cm. is
18served by more than one urban mass transit system, the eligible applicant may
19allocate the aid between the urban mass transit systems in any manner the eligible
20applicant considers desirable.
AB100-engrossed,750,1422
85.20
(4m) (a) 6. d.
For aid payable for calendar year 2002, from the
23appropriation under s. 20.395 (1) (hu), the department shall pay $14,869,500 to the
24eligible applicant that pays the local contribution required under par. (b) 1. for an
25urban mass transit system that has annual operating expenses in excess of
1$20,000,000 but less than $80,000,000. For aid payable for calendar
year 2003 and
2for each calendar year thereafter years 2004 and 2005, from the appropriation under
3s. 20.395 (1) (hu), the department shall pay $15,166,900 to the eligible applicant that
4pays the local contribution required under par. (b) 1. for an urban mass transit
5system that has annual operating expenses in excess of $20,000,000 but less than
6$80,000,000.
From the appropriation under s. 20.395 (1) (hu), the department shall
7pay $15,470,200 for aid payable for calendar year 2006, and $15,779,600 for aid
8payable for calendar year 2007 and thereafter, to the eligible applicant that pays the
9local contribution required under par. (b) 1. for an urban mass transit system that
10has annual operating expenses in excess of $20,000,000 but less than $80,000,000. 11If the eligible applicant that receives aid under this subd. 6. d. is served by more than
12one urban mass transit system, the eligible applicant may allocate the aid between
13the urban mass transit systems in any manner the eligible applicant considers
14desirable.
AB100-engrossed,750,2116
85.20
(4m) (a) 7. b. For the purpose of making allocations under subd. 7. a., the
17amounts for aids are
$20,596,400 in calendar year 2002, $21,008,300 in calendar
18year 2003, and $21,757,600 in calendar
year 2004 and in each calendar year
19thereafter years 2004 and 2005, $22,192,800 in calendar year 2006, and $22,636,700
20in calendar year 2007 and thereafter. These amounts, to the extent practicable, shall
21be used to determine the uniform percentage in the particular calendar year.
AB100-engrossed,751,323
85.20
(4m) (a) 8. b. For the purpose of making allocations under subd. 8. a., the
24amounts for aids are
$5,563,100 in calendar year 2002, $5,674,400 in calendar year
252003, and $4,925,100 in calendar
year 2004 and in each calendar year thereafter
1years 2004 and 2005, $5,023,600 in calendar year 2006, and $5,124,100 in calendar
2year 2007 and thereafter. These amounts, to the extent practicable, shall be used to
3determine the uniform percentage in the particular calendar year.
AB100-engrossed,751,85
86.30
(2) (a) 3. For each mile of road or street under the jurisdiction of a
6municipality as determined under s. 86.302, the mileage aid payment shall be
$1,755
7in calendar year 2002, and $1,825 in calendar
year 2003 years 2004 and 2005, $1,862
8in calendar year 2006, and $1,899 in calendar year 2007 and thereafter.
AB100-engrossed,751,1510
86.30
(9) (b) For the purpose of calculating and distributing aids under sub. (2),
11the amounts for aids to counties are
$86,581,300 in calendar year 2002, and
12$90,044,600 in calendar
year 2003 years 2004 and 2005, $91,845,500 in calendar
13year 2006, and $93,682,400 in calendar year 2007 and thereafter. These amounts,
14to the extent practicable, shall be used to determine the statewide county average
15cost-sharing percentage in the particular calendar year.
AB100-engrossed,751,2217
86.30
(9) (c) For the purpose of calculating and distributing aids under sub. (2),
18the amounts for aids to municipalities are
$272,395,300 in calendar year 2002, and 19$283,291,100 in calendar
year 2003 years 2004 and 2005, $288,956,900 in calendar
20year 2006, and $294,736,000 in calendar year 2007 and thereafter. These amounts,
21to the extent practicable, shall be used to determine the statewide municipal average
22cost-sharing percentage in the particular calendar year.
AB100-engrossed,751,2424
86.31
(1) (b) "Improvement" means:
AB100-engrossed,752,3
11. With respect to a project funded under sub. (3), a highway construction
2project with a projected design life of at least 10 years or a feasibility study of a
3highway construction project with a projected design life of at least 10 years.
AB100-engrossed,752,74
2. With respect to a project funded under subs. (3g) to (3r), a single highway
5construction project that may be let to contract in one or more components, with a
6projected design life of at least 10 years and that meets the minimum cost thresholds
7in subs. (3g) to (3r).
AB100-engrossed,752,159
86.31
(2) (b) Except as provided in par. (d), improvements for highway
10construction projects funded under
the program sub. (3) shall be under contracts.
11Such contracts shall be awarded on the basis of competitive bids and shall be
12awarded to the lowest responsible bidder. If a city or village does not receive a
13responsible bid for an improvement, the city or village may contract with a county
14for the improvement. A town may contract with a county for the improvement
15subject to the criteria and procedures promulgated as rules under sub. (6) (h).
AB100-engrossed,752,2017
86.31
(2) (br) Improvements for highway construction projects funded under
18subs. (3g) to (3r) shall in all cases be under contracts. Such contracts shall be
19awarded on the basis of competitive bids and shall be awarded to the lowest
20responsible bidder.
AB100-engrossed,752,2422
86.31
(2) (c) Improvements consisting of feasibility studies funded under
the
23program sub. (3) may be performed by political subdivisions or the department of
24transportation, including the making and execution of all contracts.
AB100-engrossed,753,3
186.31
(2) (d) (intro.) County trunk highway improvements funded under
the
2program sub. (3), including the hauling and laying of asphaltic hot mix, may be
3performed by county highway departments, subject to the following restrictions:
AB100-engrossed,753,55
86.31
(3) (title)
Entitlement component.
AB100-engrossed,753,97
86.31
(3) (a) (intro.)
Funds provided under s. 20.395 (2) (fr) shall be distributed
8under this subsection. For purposes of entitlement, the program shall consist of the
9following components: