AB75-ASA1,1054,2417
84.013
(3m) (h) The department shall prepare an environmental assessment,
18as defined in s. 13.489 (1c) (a), or an environmental impact statement, as defined in
19s. 13.489 (1c) (b), whichever is appropriate, for a highway project involving the
20construction of a new bridge across the Wisconsin River, connecting CTH "Z" south
21of the city of Wisconsin Rapids in Wood County to STH 54/73 in the village of Port
22Edwards in Wood County. This environmental assessment or environmental impact
23statement shall be funded from the appropriations under s. 20.395 (3) (cq), (cv), or
24(cx).
AB75-ASA1, s. 1919
25Section
1919. 84.014 (5m) (ag) 2. of the statutes is amended to read:
AB75-ASA1,1055,7
184.014
(5m) (ag) 2. "Zoo interchange" means all freeways, including related
2interchange ramps, roadways, and shoulders, and all adjacent frontage roads and
3collector road systems, encompassing I 94, I 894, and USH 45 in Milwaukee County
4within the area bordered by I 894/USH 45 at
the Union Pacific railroad underpass
5near Burnham Street in Milwaukee County Lincoln Avenue to the south, I 94 at
76th 670th Street to the east, I 94 at
116th 124th Street to the west, and USH 45 at
Center 7Burleigh Street to the north.
AB75-ASA1,1055,149
84.04
(2m) (a) Notwithstanding s. 84.25 (11), the department may enter into
10agreements with private entities for the establishment of commercial enterprises at
11waysides or rest areas located along state trunk highways other than interstate
12highways designated under s. 84.29 (2). An agreement may allow the construction
13or remodeling of wayside or rest area facilities to allow commercial enterprises to
14serve travelers.
AB75-ASA1,1055,1715
(b) An agreement may not permit the sale of alcohol beverages within the
16wayside or rest area facilities or the replacement of any existing vending machines
17located within the wayside or rest area.
AB75-ASA1,1055,1918
(c) The department shall select each private entity with which it enters into an
19agreement under par. (a) on the basis of competitive bids.
AB75-ASA1,1055,2220
(d) The department shall hold a public hearing for a proposed agreement under
21par. (a) for each affected wayside or rest area to allow public comments on the
22proposed agreement.
AB75-ASA1,1055,2523
(e) 1. Except as provided in subd. 2., the department may enter into agreements
24under par. (a) establishing commercial enterprises at not more than a total of 6
25waysides or rest areas.
AB75-ASA1,1056,5
12. If, after 2 years from the establishment of the first commercial enterprise
2under par. (a), the department finds that establishing commercial enterprises at
3waysides or rest areas under authority of this paragraph promotes public safety by
4keeping waysides and rest areas open and well-maintained, the limitation in subd.
51. does not apply.
AB75-ASA1,1056,86
(f) The state traffic patrol and other law enforcement agencies shall have the
7same enforcement authority and responsibilities within commercial areas of
8waysides or rest areas as they do on the state trunk highway system.
AB75-ASA1,1056,139
(g) Not later than one year from the establishment of the first commercial
10enterprise under par. (a), and annually thereafter, the department shall submit a
11report as to the status of the agreements, including revenues generated and the use
12of those revenues, to the standing committees dealing with transportation matters
13in each house of the legislature under s. 13.172 (3).
AB75-ASA1,1056,1714
(h) All moneys received from a private entity in connection with the leasing of
15a commercial area of a wayside or rest area under this subsection shall be credited
16to the appropriation account under s. 20.395 (3) (ev) and shall be used for wayside
17or rest area maintenance.
AB75-ASA1,1056,1919
84.06
(12) Borrow sites. (a) In this subsection:
AB75-ASA1,1056,2220
1. "Borrow" means soil or a mixture of soil and stone, gravel, or other material
21suitable for use in the construction of embankments or other similar earthworks
22constructed as part of a state highway construction project.
AB75-ASA1,1056,2423
2. "Borrow site" means any site from which borrow is excavated for use in a
24specified state highway construction project.
AB75-ASA1,1056,2525
3. "Political subdivision" means a city, village, town, or county.
AB75-ASA1,1057,2
1(b) No zoning ordinance enacted under s. 59.69, 60.61, 60.62, 61.35, or 62.23
2may apply to a borrow site if all of the following apply:
AB75-ASA1,1057,43
1. The borrow site is located on a property near the site of the state highway
4construction project on which the borrow is to be used.
AB75-ASA1,1057,65
2. The owner of the property has consented to the establishment of the borrow
6site on his or her property.
AB75-ASA1,1057,97
3. The borrow site is used solely for the specified state highway construction
8project and solely during the period of construction of the specified state highway
9construction project.
AB75-ASA1,1057,1210
4. The owner of the property on which the borrow site is located agrees to any
11noise abatement or landscaping measures required by the governing body of the
12political subdivision during the period of use.
AB75-ASA1,1057,1413
5. The owner of the property on which the borrow site is located agrees to
14reasonably restore the site after the period of use.
AB75-ASA1,1057,1615
(c) This subsection does not apply to any borrow site opened for use after July
161, 2011.
AB75-ASA1,1057,22
1884.1051 Donald J. Schneider Highway. The department shall designate
19and mark the route of USH 8 between USH 53 and the village of Turtle Lake in
20Barron County as the "Donald J. Schneider Highway" in recognition of former
21Wisconsin Senate Chief Clerk Donald J. Schneider for his many years of service to
22the Wisconsin senate and the people of Wisconsin.
AB75-ASA1,1058,1224
84.12
(9) (a) The bridge construction authority or the state highway authority
25of the adjoining state shall petition the secretary that such toll bridge construction
1is necessary because the petitioning state lacks funds sufficient to join with this state
2in equally sharing the costs of a free bridge. The secretary shall thereupon cause a
3thorough investigation of the matter to be made including without limitation by
4enumeration: the suitability and advisability of any proposed location, the financial
5limitations of the adjoining state and the economic effect of the proposed bridge upon
6the economy and welfare of this state. The department shall hold a public hearing
7and give notice thereof by registered letter addressed to the transportation
8department of the adjoining state and to the governing body of the county, city, village
9or town of this state and the adjoining state in which any part of the bridge project
10is proposed to be located. The department shall also publish a
class 3 notice
, under
11ch. 985, in the official state newspaper of this state on the department's Web site for
12a reasonable period of time.
AB75-ASA1,1058,2214
84.12
(9) (b) 4. All findings and conclusions approved by the secretary of
15transportation and governor shall be published
by a class 1 notice, under ch. 985, in
16the official state newspaper on the department's Web site for a reasonable period of
17time. The findings and conclusions shall not be subject to administrative review
18under ch. 227 and shall only be set aside if it is determined by a court of competent
19jurisdiction that there is not substantial evidence to sustain the decision of the
20department as approved by the secretary of transportation and the governor. Action
21to contest the decision shall be commenced no later than 30 days after the date of
22publication thereof.
AB75-ASA1,1059,2
2484.56 Additional funding for major highway projects. Notwithstanding
25ss. 84.51, 84.53, 84.555, and 84.59, major highway projects, as defined under s.
184.013 (1) (a), for the purposes of ss. 84.06 and 84.09, may be funded with the
2proceeds of general obligation bonds issued under s. 20.866 (2) (uus).
AB75-ASA1,1059,8
484.57 Additional funding for certain state highway rehabilitation
5projects. (1) Notwithstanding ss. 84.51, 84.53, 84.555, 84.59, and 84.95, and
6subject to sub. (2), state highway rehabilitation projects for the purposes specified
7in s. 20.395 (6) (aq) may be funded with the proceeds of general obligation bonds
8issued under s. 20.866 (2) (uut).
AB75-ASA1,1059,11
9(2) Only state highway reconstruction projects, pavement replacement
10projects, and bridge replacement projects may be funded with the proceeds of general
11obligation bonds issued under s. 20.866 (2) (uut).
AB75-ASA1,1060,313
84.59
(2) (b) The department may, under s. 18.562, deposit in a separate and
14distinct special fund outside the state treasury, in an account maintained by a
15trustee, revenues derived under ss. 341.09 (2) (d), (2m) (a) 1., (4), and (7), 341.14 (2),
16(2m), (6) (d), (6m) (a), (6r) (b) 2., (6w), and (8), 341.145 (3), 341.16 (1) (a) and (b), (2),
17and (2m), 341.17 (8), 341.19 (1) (a), 341.25, 341.255 (1), (2) (a), (b), and (c),
(4), and
18(5), 341.26 (1), (2), (2m) (am) and (b), (3), (3m), (4), (5), and (7), 341.264 (1), 341.265
19(1), 341.266 (2) (b) and (3), 341.268 (2) (b) and (3), 341.30 (3), 341.305 (3), 341.308 (3),
20341.36 (1) and (1m), 341.51 (2), and 342.14, except s. 342.14 (1r), and from any
21payments received with respect to agreements or ancillary arrangements entered
22into under s. 18.55 (6) with respect to revenue obligations issued under this section.
23The revenues deposited are the trustee's revenues in accordance with the agreement
24between this state and the trustee or in accordance with the resolution pledging the
25revenues to the repayment of revenue obligations issued under this section. Revenue
1obligations issued for the purposes specified in sub. (1) and for the repayment of
2which revenues are deposited under this paragraph are special fund obligations, as
3defined in s. 18.52 (7), issued for special fund programs, as defined in s. 18.52 (8).
AB75-ASA1, s. 1927d
4Section 1927d. 84.59 (2) (b) of the statutes, as affected by 2009 Wisconsin Act
5.... (this act), is amended to read:
AB75-ASA1,1060,226
84.59
(2) (b) The department may, under s. 18.562, deposit in a separate and
7distinct special fund outside the state treasury, in an account maintained by a
8trustee, revenues derived under ss. 341.09 (2) (d), (2m) (a) 1., (4), and (7), 341.14 (2),
9(2m), (6) (d), (6m) (a), (6r) (b) 2., (6w), and (8), 341.145 (3), 341.16 (1) (a) and (b), (2),
10and (2m), 341.17 (8), 341.19 (1) (a), 341.25, 341.255 (1), (2) (a), (b), and (c), and (5),
11341.26 (1), (2), (2m) (am) and (b), (3), (3m), (4), (5), and (7), 341.264 (1), 341.265 (1),
12341.266 (2) (b) and (3), 341.268 (2) (b) and (3), 341.30 (3), 341.305 (3),
341.307 (4) (a), 13341.308 (3), 341.36 (1) and (1m), 341.51 (2), and 342.14, except s. 342.14 (1r), and
14from any payments received with respect to agreements or ancillary arrangements
15entered into under s. 18.55 (6) with respect to revenue obligations issued under this
16section. The revenues deposited are the trustee's revenues in accordance with the
17agreement between this state and the trustee or in accordance with the resolution
18pledging the revenues to the repayment of revenue obligations issued under this
19section. Revenue obligations issued for the purposes specified in sub. (1) and for the
20repayment of which revenues are deposited under this paragraph are special fund
21obligations, as defined in s. 18.52 (7), issued for special fund programs, as defined in
22s. 18.52 (8).
AB75-ASA1,1061,1324
84.59
(6) The building commission may contract revenue obligations when it
25reasonably appears to the building commission that all obligations incurred under
1this section can be fully paid from moneys received or anticipated and pledged to be
2received on a timely basis. Except as provided in this subsection, the principal
3amount of revenue obligations issued under this section may not exceed
4$2,708,341,000 $3,009,784,200, excluding any obligations that have been defeased
5under a cash optimization program administered by the building commission, to be
6used for transportation facilities under s. 84.01 (28) and major highway projects for
7the purposes under ss. 84.06 and 84.09. In addition to the foregoing limit on principal
8amount, the building commission may contract revenue obligations under this
9section as the building commission determines is desirable to refund outstanding
10revenue obligations contracted under this section, to make payments under
11agreements or ancillary arrangements entered into under s. 18.55 (6) with respect
12to revenue obligations issued under this section, and to pay expenses associated with
13revenue obligations contracted under this section.
AB75-ASA1,1061,1715
85.022
(3) A recipient of funding under this section shall make the results of
16its study available to any interested city, village, town or county
and shall comply
17with the requirements of s. 59.58 (6) (dm), if applicable.
AB75-ASA1,1062,519
85.024
(2) The department shall administer a bicycle and pedestrian facilities
20program to award grants of assistance to political subdivisions for the planning,
21development, or construction of bicycle and pedestrian facilities. For purposes of this
22subsection, "bicycle and pedestrian facilities" do not include sidewalks or street
23beautification measures. The department shall award from the appropriation under
24s. 20.395 (2) (ox) grants to political subdivisions under this section.
The department
25may, from the appropriation under s. 20.395 (2) (oq), supplement the amount of these
1grants. A political subdivision that is awarded a grant under this section shall
2contribute matching funds equal to at least 20 percent of the amount awarded under
3this section. Any improvement project for which a political subdivision receives a
4grant under this section shall be let by contract based on bids and the contract shall
5be awarded to the lowest competent and responsible bidder.
AB75-ASA1,1062,147
85.026
(2) Program. The department may administer a program to award
8grants of assistance to any political subdivision or state agency, as defined in s.
920.001 (1), for transportation enhancement activities consistent with federal
10regulations promulgated under
23 USC 133 (b) (8). The grants shall be awarded from
11the appropriations under s. 20.395 (2) (nv) and (nx).
The department may, from the
12appropriation under s. 20.395 (2) (oq), supplement the amount of these grants for
13grants awarded for transportation enhancement activities involving bicycles and
14pedestrian facilities eligible for assistance under s. 85.024 (2).
AB75-ASA1, s. 1928m
15Section 1928m. 85.062 (3) (a) of the statutes is repealed and recreated to read:
AB75-ASA1,1062,1616
85.062
(3) (a) The Dane County commuter rail project.
AB75-ASA1,1062,1918
85.062
(3) (b) Any project resulting from the Milwaukee Downtown Transit
19Connector Study of the Wisconsin Center District.".
AB75-ASA1,1062,2121
85.062
(3) (c) The KRM commuter rail line, as defined in s. 59.58 (7) (a) 3.".
AB75-ASA1,1063,223
85.063
(3) (b) 1. Upon completion of a planning study under sub. (2), or, to the
24satisfaction of the department, of a study under s. 85.022, a political subdivision in
25a county
which, or a transit authority created under s. 66.1039, that includes the
1urban area may apply to the department for a grant for property acquisition for an
2urban rail transit system.
AB75-ASA1,1063,74
85.064
(1) (b) "Political subdivision" means any city, village, town, county,
5transit commission organized under s. 59.58 (2) or 66.1021 or recognized under s.
666.0301, or
regional transit authority
organized created under s.
59.58 (6)
66.1039 7within this state
or the KRM authority under s. 59.58 (7).
AB75-ASA1,1063,15
1085.077 Railroad projects and competitive bidding. (1) Except as
11provided in subs. (2) and (4), if a project involving the construction, rehabilitation,
12improvement, demolition, or repair of rail property or rail property improvements is
13funded in any part with public funds, the department or the recipient of the public
14funds shall let the project by contract on the basis of competitive bids and shall award
15the contract to the lowest responsible bidder.
AB75-ASA1,1063,16
16(2) The provisions of sub. (1) do not apply if any of the following applies:
AB75-ASA1,1063,1717
(a) The project is in response to a public emergency.
AB75-ASA1,1063,1818
(b) The estimated cost of the project is less than $25,000.
AB75-ASA1,1063,2119
(c) The project involves only rail property or rail property improvements owned
20or leased by a railroad and the project is to be performed by the railroad using its own
21employees.
AB75-ASA1,1063,24
22(3) The department or the recipient of public funds may not subdivide a project
23into more than one contract, allocate work or workers in any manner, or transfer the
24jurisdiction of a project to avoid the requirements of sub. (1).
AB75-ASA1,1064,2
1(4) If no responsible bid is received, the contract may be awarded without
2complying with sub. (1).
AB75-ASA1,1064,5
485.11 Southeast Wisconsin transit capital assistance program. (1) 5Definitions. In this section:
AB75-ASA1,1064,76
(a) "Eligible applicant" means the transit authority created under s. 66.1039
7(2) (a) and the KRM authority under s. 59.58 (7).
AB75-ASA1,1064,98
(ar) "Major transit capital improvement project" has the meaning given in s.
985.062 (1).
AB75-ASA1,1064,1010
(b) "Municipality" means a city, village, or town.
AB75-ASA1,1064,1311
(c) "Southeast Wisconsin" means the geographical area comprising the
12counties of Kenosha, Milwaukee, Ozaukee, Racine, Walworth, Washington, and
13Waukesha.
AB75-ASA1,1064,17
14(2) Program and funding. The department shall develop and administer a
15southeast Wisconsin transit capital assistance program. From the appropriation
16under s. 20.866 (2) (uq), the department may award grants to eligible applicants for
17transit capital improvements as provided under subs. (4) to (6).
AB75-ASA1,1064,21
18(3) Applications. (a) Each grant applicant shall specify any project for which
19grant funds are requested. An applicant may not include a project in a grant
20application if the project is a major transit capital improvement project and the
21project has not been enumerated under s. 85.062 (3).
AB75-ASA1,1064,2322
(b) The department may not accept grant applications under this section after
23December 31, 2015.
AB75-ASA1,1064,25
24(4) Eligibility. The department may not award a grant under this section to
25an eligible applicant unless all of the following apply:
AB75-ASA1,1065,2
1(a) The eligible applicant is eligible under federal law to be a public sponsor for
2a project that receives federal funding.
AB75-ASA1,1065,43
(b) The eligible applicant receives funds from a dedicated local revenue source
4for capital and operating costs associated with providing transit services.
AB75-ASA1,1065,9
5(5) Grant awards. (a) Subject to par. (b), the department may award grants
6to eligible applicants that satisfy the requirements under sub. (4). Any grant
7awarded under this section may not exceed $50,000,000, 25 percent of the total
8project cost, or 50 percent of the portion of the total project cost not funded with
9federal aid, whichever is least.
AB75-ASA1,1065,1110
(b) The department may award a grant under par. (a) only if all of the following
11apply:
AB75-ASA1,1065,1612
1. Any project for which the grant is to be awarded has received any approval
13to proceed required by the appropriate federal agency. Approval to proceed under
14this subdivision is required by December 31, 2012, for any project utilizing federal
15interstate cost estimate substitute project funding and for any project resulting from
16the Milwaukee Downtown Transit Connector Study of the Wisconsin Center District.
AB75-ASA1,1065,2017
2. The number of revenue hours of transit service provided in the area serviced
18by the grant applicant at the time of the grant application is not less than that
19provided in 2001, if transit services were provided in 2001 by the grant applicant or
20by any other local unit of government.
AB75-ASA1,1065,22
21(6) Administration. In administering this section, the department shall do all
22of the following:
AB75-ASA1,1065,2523
(a) Prescribe the form of grant applications and the nature and extent of
24information to be provided with these applications, and establish an annual
25application cycle for receiving and evaluating applications under the program.
AB75-ASA1,1066,2
1(b) Establish criteria and standards for grant eligibility for transit capital
2improvement projects under the program.
AB75-ASA1,1066,43
(c) Establish criteria and standards for evaluating and ranking applications
4and for awarding grants under the program.
AB75-ASA1, s. 1933
5Section
1933. 85.14 (title) and (1) of the statutes are amended to read: