2009 Wisconsin Act 28

28,1918gs Section 1918gs. 84.013 (2) (a) of the statutes is amended to read:

84.013 (2) (a) Subject to ss. 84.555 and 86.255, major highway projects shall be funded from the appropriations under ss. 20.395 (3) (bq) to (bx) and (t) and (4) (jq) and 20.866 (2) (ur) to (uum) and (uus).

28,1918gt Section 1918gt. 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 ss. 20.395 (3) (cq) to (cx) and 20.866 (2) (uur) and (uut).

28,1918h Section 1918h. 84.013 (3m) (f) of the statutes is created to read:

84.013 (3m) (f) The department shall construct an interchange on I 90/94/39 at Cuba Valley Road in Dane County if the federal highway administration approves the location of an interchange at that location and if the department receives a commitment for funding the full construction cost of the project from sources other than state funds.

28,1918i Section 1918i. 84.013 (3m) (g) of the statutes is created to read:

84.013 (3m) (g) Notwithstanding s. 13.489 (1m) (e), the department shall prepare an environmental impact statement, as defined in s. 13.489 (1c) (b), for a potential major highway project involving USH 12 from the city of Elkhorn to the city of Whitewater.

28,1918j Section 1918j. 84.013 (3m) (h) of the statutes is created to read:

84.013 (3m) (h) The department shall prepare an environmental assessment, as defined in s. 13.489 (1c) (a), or an environmental impact statement, as defined in s. 13.489 (1c) (b), whichever is appropriate, for a highway project involving the construction of a new bridge across the Wisconsin River, connecting CTH "Z" south of the city of Wisconsin Rapids in Wood County to STH 54/73 in the village of Port Edwards in Wood County. This environmental assessment or environmental impact statement shall be funded from the appropriations under s. 20.395 (3) (cq), (cv), or (cx).

28,1918L Section 1918L. 84.013 (3m) (i) of the statutes is created to read:

84.013 (3m) (i) In conjunction with the resurfacing project on STH 102, the department shall construct a bicycle and pedestrian path and bridge, including lighting, along STH 102 from State Road to Fayette Avenue in the village of Rib Lake in Taylor County if the village contributes at least $60,000 to the cost of the bicycle and pedestrian path project.

28,1919 Section 1919. 84.014 (5m) (ag) 2. of the statutes is amended to read:

84.014 (5m) (ag) 2. "Zoo interchange" means all freeways, including related interchange ramps, roadways, and shoulders, and all adjacent frontage roads and collector road systems, encompassing I 94, I 894, and USH 45 in Milwaukee County within the area bordered by I 894/USH 45 at the Union Pacific railroad underpass near Burnham Street in Milwaukee County Lincoln Avenue to the south, I 94 at 76th 70th Street to the east, I 94 at 116th 124th Street to the west, and USH 45 at Center Burleigh Street to the north.

28,1919g Section 1919g. 84.016 of the statutes is created to read:

84.016 Major interstate bridge projects. (1) In this section, "major interstate bridge project" means a project involving the construction or reconstruction of a bridge on the state trunk highway system, including approaches, that crosses a river forming a boundary of the state and for which this state's estimated cost share is at least $100,000,000.

(2) Notwithstanding ss. 84.013, 84.51, 84.52, 84.53, 84.555, and 84.95, but subject to sub. (3) and s. 86.255, this state's share of costs for any major interstate bridge project, including preliminary design work for the project, may be funded only from the appropriations under ss. 20.395 (3) (dq), (dv), and (dx) and 20.866 (2) (ugm).

(3) The department may not encumber or expend any funds from the appropriation under s. 20.866 (2) (ugm) for any major interstate bridge project unless this state receives federal funds that are designated by the federal government specifically for a major interstate bridge project covering at least $75,000,000 of the state's share of the cost of the project.

28,1919m Section 1919m. 84.04 (2m) of the statutes is created to read:

84.04 (2m) (a) Notwithstanding s. 84.25 (11), the department may enter into agreements with private entities for the establishment of commercial enterprises at waysides or rest areas located along state trunk highways other than interstate highways designated under s. 84.29 (2). An agreement may allow the construction or remodeling of wayside or rest area facilities to allow commercial enterprises to serve travelers.

(b) An agreement may not permit the sale of alcohol beverages within the wayside or rest area facilities or the replacement of any existing vending machines located within the wayside or rest area.

(c) The department shall select each private entity with which it enters into an agreement under par. (a) on the basis of competitive bids.

(d) The department shall hold a public hearing for a proposed agreement under par. (a) for each affected wayside or rest area to allow public comments on the proposed agreement.

(e) 1. Except as provided in subd. 2., the department may enter into agreements under par. (a) establishing commercial enterprises at not more than a total of 6 waysides or rest areas.

2. If, after 2 years from the establishment of the first commercial enterprise under par. (a), the department finds that establishing commercial enterprises at waysides or rest areas under authority of this paragraph promotes public safety by keeping waysides and rest areas open and well-maintained, the limitation in subd. 1. does not apply.

(f) The state traffic patrol and other law enforcement agencies shall have the same enforcement authority and responsibilities within commercial areas of waysides or rest areas as they do on the state trunk highway system.

(g) Not later than one year from the establishment of the first commercial enterprise under par. (a), and annually thereafter, the department shall submit a report as to the status of the agreements, including revenues generated and the use of those revenues, to the standing committees dealing with transportation matters in each house of the legislature under s. 13.172 (3).

(h) All moneys received from a private entity in connection with the leasing of a commercial area of a wayside or rest area under this subsection shall be credited to the appropriation account under s. 20.395 (3) (ev) and shall be used for wayside or rest area maintenance.

28,1921e Section 1921e. 84.06 (12) of the statutes is created to read:

84.06 (12) Borrow sites. (a) In this subsection:

1. "Borrow" means soil or a mixture of soil and stone, gravel, or other material suitable for use in the construction of embankments or other similar earthworks constructed as part of a state highway construction project.

2. "Borrow site" means any site from which borrow is excavated for use in a specified state highway construction project.

3. "Political subdivision" means a city, village, town, or county.

(b) No zoning ordinance enacted under s. 59.69, 60.61, 60.62, 61.35, or 62.23 may apply to a borrow site if all of the following apply:

1. The borrow site is located on a property near the site of the state highway construction project on which the borrow is to be used.

2. The owner of the property has consented to the establishment of the borrow site on his or her property.

3. The borrow site is used solely for the specified state highway construction project and solely during the period of construction of the specified state highway construction project.

4. The owner of the property on which the borrow site is located agrees to any noise abatement or landscaping measures required by the governing body of the political subdivision during the period of use.

5. The owner of the property on which the borrow site is located agrees to reasonably restore the site after the period of use.

(c) This subsection does not apply to any borrow site opened for use after July 1, 2011.

28,1924c Section 1924c. 84.1051 of the statutes is created to read:

84.1051 Donald J. Schneider Highway. The department shall designate and mark the route of USH 8 between USH 53 and the village of Turtle Lake in Barron County as the "Donald J. Schneider Highway" in recognition of former Wisconsin Senate Chief Clerk Donald J. Schneider for his many years of service to the Wisconsin senate and the people of Wisconsin.

28,1926g Section 1926g. 84.56 of the statutes is created to read:

84.56 Additional funding for major highway projects. Notwithstanding ss. 84.51, 84.53, 84.555, and 84.59, major highway projects, as defined under s. 84.013 (1) (a), for the purposes of ss. 84.06 and 84.09, may be funded with the proceeds of general obligation bonds issued under s. 20.866 (2) (uus).

28,1926m Section 1926m. 84.57 of the statutes is created to read:

84.57 Additional funding for certain state highway rehabilitation projects. (1) Notwithstanding ss. 84.51, 84.53, 84.555, 84.59, and 84.95, and subject to sub. (2), state highway rehabilitation projects for the purposes specified in s. 20.395 (6) (aq) may be funded with the proceeds of general obligation bonds issued under s. 20.866 (2) (uut).

(2) Only state highway reconstruction projects, pavement replacement projects, and bridge replacement projects may be funded with the proceeds of general obligation bonds issued under s. 20.866 (2) (uut).

28,1927 Section 1927. 84.59 (2) (b) of the statutes is amended to read:

84.59 (2) (b) The department may, under s. 18.562, deposit in a separate and distinct special fund outside the state treasury, in an account maintained by a trustee, revenues derived under ss. 341.09 (2) (d), (2m) (a) 1., (4), and (7), 341.14 (2), (2m), (6) (d), (6m) (a), (6r) (b) 2., (6w), and (8), 341.145 (3), 341.16 (1) (a) and (b), (2), and (2m), 341.17 (8), 341.19 (1) (a), 341.25, 341.255 (1), (2) (a), (b), and (c), (4), and (5), 341.26 (1), (2), (2m) (am) and (b), (3), (3m), (4), (5), and (7), 341.264 (1), 341.265 (1), 341.266 (2) (b) and (3), 341.268 (2) (b) and (3), 341.30 (3), 341.305 (3), 341.308 (3), 341.36 (1) and (1m), 341.51 (2), and 342.14, except s. 342.14 (1r), and from any payments received with respect to agreements or ancillary arrangements entered into under s. 18.55 (6) with respect to revenue obligations issued under this section. The revenues deposited are the trustee's revenues in accordance with the agreement between this state and the trustee or in accordance with the resolution pledging the revenues to the repayment of revenue obligations issued under this section. Revenue obligations issued for the purposes specified in sub. (1) and for the repayment of which revenues are deposited under this paragraph are special fund obligations, as defined in s. 18.52 (7), issued for special fund programs, as defined in s. 18.52 (8).

28,1927d Section 1927d. 84.59 (2) (b) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:

84.59 (2) (b) The department may, under s. 18.562, deposit in a separate and distinct special fund outside the state treasury, in an account maintained by a trustee, revenues derived under ss. 341.09 (2) (d), (2m) (a) 1., (4), and (7), 341.14 (2), (2m), (6) (d), (6m) (a), (6r) (b) 2., (6w), and (8), 341.145 (3), 341.16 (1) (a) and (b), (2), and (2m), 341.17 (8), 341.19 (1) (a), 341.25, 341.255 (1), (2) (a), (b), and (c), and (5), 341.26 (1), (2), (2m) (am) and (b), (3), (3m), (4), (5), and (7), 341.264 (1), 341.265 (1), 341.266 (2) (b) and (3), 341.268 (2) (b) and (3), 341.30 (3), 341.305 (3), 341.307 (4) (a), 341.308 (3), 341.36 (1) and (1m), 341.51 (2), and 342.14, except s. 342.14 (1r), and from any payments received with respect to agreements or ancillary arrangements entered into under s. 18.55 (6) with respect to revenue obligations issued under this section. The revenues deposited are the trustee's revenues in accordance with the agreement between this state and the trustee or in accordance with the resolution pledging the revenues to the repayment of revenue obligations issued under this section. Revenue obligations issued for the purposes specified in sub. (1) and for the repayment of which revenues are deposited under this paragraph are special fund obligations, as defined in s. 18.52 (7), issued for special fund programs, as defined in s. 18.52 (8).

28,1928 Section 1928. 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 $2,708,341,000 $3,009,784,200, 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, to make payments under agreements or ancillary arrangements entered into under s. 18.55 (6) with respect to revenue obligations issued under this section, and to pay expenses associated with revenue obligations contracted under this section.

28,1928b Section 1928b. 85.022 (2) (c) of the statutes is created to read:

85.022 (2) (c) If the department considers a high-speed rail route between the cities of Milwaukee and Madison, the department shall include in its consideration a study of the feasibility of including a stop in the city of Waterloo in Jefferson County.

28,1928c Section 1928c. 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.

28,1928g Section 1928g. 85.024 (2) of the statutes is amended to read:

85.024 (2) The department shall administer a bicycle and pedestrian facilities program to award grants of assistance to political subdivisions for the planning, development, or construction of bicycle and pedestrian facilities. For purposes of this subsection, "bicycle and pedestrian facilities" do not include sidewalks or street beautification measures. The department shall award from the appropriation under s. 20.395 (2) (ox) grants to political subdivisions under this section. The department may, from the appropriation under s. 20.395 (2) (oq), supplement the amount of these grants. A political subdivision that is awarded a grant under this section shall contribute matching funds equal to at least 20 percent of the amount awarded under this section. Any improvement project for which a political subdivision receives a grant under this section shall be let by contract based on bids and the contract shall be awarded to the lowest competent and responsible bidder.

28,1928j Section 1928j. 85.026 (2) of the statutes is renumbered 85.026 (2) (a) and amended to read:

85.026 (2) Program. (a) The department may administer a program to award grants of assistance to any political subdivision or state agency, as defined in s. 20.001 (1), for transportation enhancement activities consistent with federal regulations promulgated under 23 USC 133 (b) (8). The grants shall be awarded from the appropriations under s. 20.395 (2) (nv) and (nx). The department may, from the appropriation under s. 20.395 (2) (oq), supplement the amount of these grants for grants awarded for transportation enhancement activities involving bicycle and pedestrian facilities eligible for assistance under s. 85.024 (2).

28,1928k Section 1928k. 85.026 (2) (b) of the statutes is created to read:

85.026 (2) (b) The department shall allocate at least 70 percent of funds available from the appropriation under s. 20.395 (2) (nx) for grants awarded for transportation enhancement activities involving bicycle and pedestrian facilities eligible for assistance under s. 85.024 (2).

28,1928m Section 1928m. 85.062 (3) (a) of the statutes is repealed and recreated to read:

85.062 (3) (a) The Dane County commuter rail project.

28,1928p Section 1928p. 85.062 (3) (b) of the statutes is created to read:

85.062 (3) (b) Any project resulting from the Milwaukee Downtown Transit Connector Study of the Wisconsin Center District.

28,1928t Section 1928t. 85.062 (3) (c) of the statutes is created to read:

85.062 (3) (c) The KRM commuter rail line, as defined in s. 59.58 (7) (a) 3.

28,1929 Section 1929. 85.063 (3) (b) 1. of the statutes is amended to read:

85.063 (3) (b) 1. Upon completion of a planning study under sub. (2), or, to the satisfaction of the department, of a study under s. 85.022, a political subdivision in a county which, or a transit authority created under s. 66.1039, that includes the urban area may apply to the department for a grant for property acquisition for an urban rail transit system.

28,1930 Section 1930. 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 transit authority organized created under s. 59.58 (6) 66.1039 within this state or the southeastern regional transit authority under s. 59.58 (7).

28,1931 Section 1931. 85.064 (4) of the statutes is repealed.

28,1931L Section 1931L. 85.077 of the statutes is created to read:

85.077 Railroad projects and competitive bidding. (1) Except as provided in subs. (2) and (4), if a project involving the construction, rehabilitation, improvement, demolition, or repair of rail property or rail property improvements is funded in any part with public funds, the department or the recipient of the public funds shall let the project by contract on the basis of competitive bids and shall award the contract to the lowest responsible bidder.

(2) The provisions of sub. (1) do not apply if any of the following applies:

(a) The project is in response to a public emergency.

(am) The project is for the installation or maintenance of warning devices at railroad highway crossings.

(b) The estimated cost of the project is less than $25,000.

(c) The project involves only rail property or rail property improvements owned or leased by a railroad and the project is to be performed by the railroad using its own employees.

(3) The department or the recipient of public funds may not subdivide a project into more than one contract, allocate work or workers in any manner, or transfer the jurisdiction of a project to avoid the requirements of sub. (1).

(4) If no responsible bid is received, the contract may be awarded without complying with sub. (1).

28,1932 Section 1932. 85.11 of the statutes is created to read:

85.11 Southeast Wisconsin transit capital assistance program. (1) Definitions. In this section:

(a) "Eligible applicant" means the Milwaukee Transit Authority under s. 66.1038 and the southeastern regional transit authority under s. 59.58 (7).

(ar) "Major transit capital improvement project" has the meaning given in s. 85.062 (1).

(b) "Municipality" means a city, village, or town.

(c) "Southeast Wisconsin" means the geographical area comprising the counties of Kenosha, Milwaukee, Ozaukee, Racine, Walworth, Washington, and Waukesha.