AB454: Bill Text

AB454,29,13 (3) Improving traffic flow. Major highway projects play a significant role in improving traffic flow and reducing highway congestion. Reducing highway congestion improves highway efficiency by reducing the total hours of vehicle delay, and also improves travel reliability for individuals and businesses. An evaluation of traffic flow needs on the corridor shall be used to demonstrate the level and extent of recurring congestion and the variability in nonrecurring congested conditions on the corridor. Recurring congestion results from regular peak period conditions where the roadway is inadequate for the volume of vehicles. Nonrecurring congestion exists when wide fluctuations in travel times occur due to events such as incidents, bad weather conditions, special events, holiday traffic, and work zones.

AB454,29,18 (4) Serving community objectives. Overall community support is critical for the proposed major highway project. The level of community support shall be demonstrated using the results of the comprehensive public outreach and involvement that occurs during the detailed environmental document process (National Environmental Policy Act and/or Wisconsin Environmental Policy Act).

AB454,29,23 (5) Minimizing environmental impacts. The evaluation process recognizes that major highway projects can have effects on the quality of the human environment in the regions they serve. The environmental evaluation shall be based on the results of the detailed environmental document process (National Environmental Policy Act and/or Wisconsin Environmental Policy Act).

AB454,120 Section 120. Trans 210.07 of the administrative code is repealed.

AB454,121 Section 121. Trans 210.08 of the administrative code is repealed.

AB454,122 Section 122. Trans 233.08 (2) (c) 5. of the administrative code is amended to read:

AB454,30,7 Trans 233.08 (2) (c) 5. State trunk highways and connecting highways with current and forecasted congestion projected to be worse than level of service "C," as determined under s. Trans 210.05 (1), within the following " C." Department engineers shall use appropriate methodologies to determine the projected level of service that is predicted to exist 20 years from the year of the analysis.

AB454,123 Section 123. Trans 233.11 (3) (b) 4. of the administrative code is amended to read:

AB454,30,14 Trans 233.11 (3) (b) 4. Whether the current and forecasted congestion of the abutting highway is projected to be worse than level of service " C," as determined under s. Trans 210.05 (1), within the following "C." Department engineers shall use appropriate methodologies to determine the projected level of service that is predicted to exist 20 years from the year of the analysis.

AB454,124 Section 124. Trans 252.06 (1) of the administrative code is amended to read:

AB454,30,21 Trans 252.06 (1) An escort vehicle which is a marked police squad car or unmarked police patrol vehicle equipped with clearly visible red and blue lighting to the front and rear, as defined in s. 347.25 (1m) (a) and (b), Stats., is exempt from the vehicle, flag and sign and equipment requirements of s. Trans 252.05 (1) and (2). Normal police red or blue emergency lights shall be deemed to satisfy the warning lamps requirement of s. Trans 252.05 (3).

AB454,125 Section 125. Trans 253.01 of the administrative code is amended to read:

AB454,31,2 Trans 253.01 Purpose. The purpose of this chapter is to establish standards and procedures for the issuance of overweight and oversize permits for the transportation of commodities and goods in Wisconsin, within 11 miles of the Wisconsin-Michigan border and upon certain highways, pursuant to s. 348.27 (9) (a), Stats.

AB454,126 Section 126. Trans 253.02 of the administrative code is amended to read:

AB454,31,10 Trans 253.02 Definitions. Unless otherwise stated, the definitions of words and phrases in ss. 340.01 and 348.01 (2), Stats., and s. Trans 250.02 apply to this chapter. In this chapter, "permit" means multiple trip overweight or oversize permits authorized under s. 348.27 (9) (a), Stats., which includes permit pages, copies of all written approvals for movement on local highways, a copy of this chapter, a copy of ch. Trans 251, and any other written conditions of movement issued by the department.

AB454,127 Section 127. Trans 253.04 (intro.) (except Trans 253.04 (title)) and (1) of the administrative code are repealed.

AB454,128 Section 128. Trans 253.04 (1m) of the administrative code is created to read:

AB454,31,17 Trans 253.04 (1m) An application for a permit shall be submitted to an issuing authority on a form approved by the department and in accordance with s. 348.27, Stats., and shall include all requested information, including the applicant's electronic mail address.

AB454,129 Section 129. Trans 253.04 (2) of the administrative code is repealed.

AB454,130 Section 130. Trans 253.04 (3) of the administrative code is amended to read:

AB454,31,22 Trans 253.04 (3) The An application for a permit shall include the date on which the applicant seeks to have the permit first become valid, not more than 60 days later than the date of application.

AB454,131 Section 131. Trans 253.04 (4) to (8) of the administrative code are repealed.

AB454,132 Section 132. Trans 253.04 (9) of the administrative code is amended to read:

AB454,32,4 Trans 253.04 (9) For An application for a permit shall include, for each local road or county highway permitted under s. Trans 253.06 (4) on which the applicant seeks authority to operate, written proof that permission for operation has been granted by the officer in charge of the maintenance of the highway.

AB454,133 Section 133. Trans 253.04 (10) of the administrative code is created to read:

AB454,32,7 Trans 253.04 (10) An application for a permit for the use of a state trunk highway shall be made to the department in any of the following ways:

AB454,32,8 (a) In person, at the department's central office.

AB454,32,9 (b) By mail, addressed to the department's central office.

AB454,32,11 (c) By facsimile machine to the department's oversize and overweight permit system.

AB454,134 Section 134. Trans 253.04 (10) (c) (note) (insert before existing Trans 253.04 notes 1 and 2) of the administrative code is created to read:

AB454,32,15 Trans 253.04 (10) (c) (note) This permit is currently not available online; however, the department will accept applications submitted by facsimile machine.

AB454,135 Section 135. Trans 253.04 (notes 1 and 2) of the administrative code are amended to read:

AB454,32,21 Trans 253.04 Permit application. (note 1) Applications are available upon request from the Motor Carrier Services Section Oversize and Overweight Permit Unit Section of the Wisconsin Department of Transportation, 4802 Sheboygan Avenue, P.O. Box 7980, Madison, WI 53707.

AB454,33,2 (note 2) Permit application procedures are specified in s. Trans 250.025. A permit application may be submitted in person or by mail or facsimile machine to the Motor Carrier Services Section Oversize and Overweight Permit Unit Section. The Motor Carrier Services Section Oversize and Overweight Permit Unit Section of the Wisconsin Department of Transportation is located at 4802 Sheboygan Avenue, Room 151, P.O. Box 7980, Madison, WI 53707.

AB454,136 Section 136. Trans 253.045 of the administrative code is created to read:

AB454,33,5 Trans 253.045 Permit amendments. (1) An application for an amendment to a permit shall be made to the issuing authority that issued the original permit.

AB454,33,7 (2) An application for an amendment may be made in the same manner as an application for an original permit.

AB454,33,8 (3) The request shall specify the permit number of the permit to be amended.

AB454,33,12 (4) If the request involves streets or highways other than those within the state trunk highway system, the application for an amendment shall be accompanied by a written statement of route approval by the officer in charge of maintenance of the other street or highway.

AB454,137 Section 137. Trans 253.05 (2) of the administrative code is amended to read:

AB454,33,17 Trans 253.05 (2) Transportation in limited geographic area. The application may not seek authority to transport any commodity or goods on any highway located more than 11 miles from the Wisconsin-Michigan border or upon any highway or highway route not specified under s. 348.27 (9), Stats.

AB454,138 Section 138. Trans 253.05 (5) of the administrative code is amended to read:

AB454,33,20 Trans 253.05 (5) Maximum gross weigh weight. The vehicle, including any load, may not exceed 154,000 164,000 pounds gross weight.

AB454,139 Section 139. Trans 253.06 (4) of the administrative code is repealed.

AB454,140 Section 140. Trans 253.06 (6) of the administrative code is amended to read:

AB454,34,2 Trans 253.06 (6) Permit carried on vehicle. The driver carries the permit with attached local road approval letters in the vehicle and available for inspection by any police officer, representative of the department or any local authority or person in charge of maintaining the highway being used.

AB454,141 Section 141. Trans 253.06 (16) of the administrative code is amended to read:

AB454,34,8 Trans 253.06 (16) Adverse weather and road conditions. A permit is not valid during periods when adverse weather or road conditions, such as fog, smoke, heavy rain, snow or ice, or wind velocity, impair the safety of a movement under the permit. The department may suspend a permit or any of the conditions of a permit because of seasonal highway conditions.

AB454,142 Section 142. Trans 253.065 (title) of the administrative code is amended to read:

AB454,34,11 Trans 253.065 (title) Times of operation ; permit conditions.

AB454,143 Section 143. Trans 253.065 (2) and (3) of the administrative code are repealed.

AB454,144 Section 144. Trans 253.065 (4) of the administrative code is amended to read:

AB454,34,22 Trans 253.065 (4) The department may issue a permit for times other than those specified in sub. (1), (2) or (3), under extraordinary circumstances when, in the opinion of the department, public health and welfare is better served, and may impose additional conditions on a permit to promote the safe operation of the vehicle and load. A permit is not valid for the operation of any vehicle upon class "B" highways, as classified in accordance with s. 348.16, Stats., with gross weights exceeding those permitted by statute on class "B" highways unless written permission has first been obtained from the officer in charge of the maintenance of the highway.

AB454,145 Section 145. Trans 310.01 (2) of the administrative code is amended to read:

AB454,35,2 Trans 310.01 (2) This chapter applies to the use of safety restraint systems or safety belts by children under the age of 8, being transported in a motor vehicle. The term motor vehicle includes, but is not limited to, automobiles, station wagons, vans, trucks and motor homes.

AB454,146 Section 146. Trans 310.04 (1) and (2) of the administrative code are consolidated, renumbered Trans 310.04 and amended to read:

AB454,35,11 Trans 310.04 No person subject to the provisions of s. 347.48 (2m) (c) and (4) (am), Stats., may transport a child under the age of 4 in a motor vehicle 8 unless the child is properly restrained in a child safety restraint system. (2) No person subject to the provisions of s. 347.48 (2m) (c) and (4) (as) 4., Stats., may transport a child who is at least 4 years old but less than 8 years old in a motor vehicle unless the child is properly restrained in a child safety restraint system or a safety belt transported in a manner compliant with s. 347.48 (4) (as), Stats.

AB454,147 Section 147. Trans 310.04 (note) of the administrative code is repealed.

AB454,148 Section 148. Trans 310.05 (1) of the administrative code is amended to read:

AB454,35,17 Trans 310.05 (1) A child under the age of 8 who, because of a medical condition, body size or a physical disability, is incapable of being transported in a child safety restraint system, may be transported without a safety restraint system or safety belt providing:

AB454,149 Section 149. Trans 315.01 (2) of the administrative code is amended to read:

AB454,35,21 Trans 315.01 (2) This chapter applies to all persons who are at least 4 8 years old and are subject to the safety belt installation and usage requirements of s. 347.48, Stats.

AB454,150 Section 150. Trans 315.03 (1) of the administrative code is amended to read:

AB454,35,25 Trans 315.03 (1) A person who is at least 4 8 years old is exempted from the provisions of s. 347.48 (2m), Stats., if the person cannot be properly restrained in a safety belt because of a physical or medical condition providing:

AB454,151 Section 151. Trans 315.03 (2) of the administrative code is amended to read:

AB454,36,6 Trans 315.03 (2) A person at least 4 8 years old being transported in an authorized emergency vehicle as defined in s. 340.01 (3), Stats., when the vehicle is being operated in the performance of official duties, may be transported without a safety belt when the physical or medical needs of the person make restraint by safety belt unreasonable.

AB454,152 Section 152. Trans 400.03 (note) of the administrative code is created to read:

AB454,36,23 Trans 400.03 Applicability. (note) The National Environmental Policy Act (NEPA) requires the federal government to prepare environmental documentation for major federal actions. The Wisconsin Department of Transportation prepares the federal environmental documentation for review and approval by the federal government of actions for which federal funds are to be used by the department. The requirements for federally funded actions are followed by the department when federal funds are involved. These federally funded actions are also actions of the department to which the Wisconsin Environmental Policy Act (WEPA) applies. Finally, when the department pursues an action for which only state funds are involved, NEPA does not apply, but WEPA still applies. The intent of this chapter is to direct the department to follow NEPA and its implementing regulations for both NEPA and WEPA purposes when federal funds are involved in the proposed action. The intent is to apply WEPA and its implementing rules in this chapter when only state funds are involved in the proposed actions, but to make the WEPA implementing rules track the federal law and federal regulations as closely as possible.

AB454,153 Section 153. Trans 400.04 (3) (note) of the administrative code is created to read:

AB454,37,3 Trans 400.04 (3) (note) The specific versions of federal regulations and federal agency orders as referenced throughout this chapter are adopted in s. Trans 400.05 and are reproduced at appendix 1 to this chapter.

AB454,154 Section 154. Trans 400.04 (3) of the administrative code is amended to read:

AB454,37,14 Trans 400.04 (3) "Categorical exclusion" means an action which meets the definition of the term in the guidelines published by the United States council on environmental quality as a federal rule in 40 CFR 1508.4, July 1, 1990, and the rule published jointly by the federal highway administration and urban mass transit administration of the United States department of transportation and in 23 CFR 771.117, April 1, 1991, or the procedures published by 23 CFR 771.118, or chapter 6 of order 5050.4B of the federal aviation administration of the United States department of transportation as order 5050.4A, chapter 3, paragraph 23, October 8, 1985, or other actions of the department for which neither an EA, EIS nor other environmental documentation is required by this rule.

AB454,155 Section 155. Trans 400.04 (4) of the administrative code is amended to read:

AB454,37,20 Trans 400.04 (4) "Cooperating agency" means any Native American tribe, or any local, state, or federal agency, other than the lead or transportation agency, which has jurisdiction by law over the proposed action or which has special expertise with respect to any relevant environmental effect generated by the proposed action or alternative.

AB454,156 Section 156. Trans 400.04 (5) of the administrative code is amended to read:

AB454,37,23 Trans 400.04 (5) "Department" means the Wisconsin department of transportation or a local agency when acting under the direction of the department.

AB454,157 Section 157. Trans 400.04 (10) of the administrative code is amended to read:

AB454,38,7 Trans 400.04 (10) "ER" or "environmental report" means a brief document used internally by the department to demonstrate a proposed action fits the criteria or conditions for approval as a categorical exclusion in 23 CFR 771.117 (d), April 1, 1991, or has met the review criteria of paragraph 23.a. of chapter 3 of federal aviation administration order 5050.4A of October 8, 1985, under s. Trans 400.08 (1) (d) or has been properly coordinated with other agencies having jurisdiction by law over specific activities.

AB454,158 Section 158. Trans 400.04 (15) of the administrative code is repealed.

AB454,159 Section 159. Trans 400.04 (22m) of the administrative code is created to read:

AB454,38,13 Trans 400.04 (22m) "Participating agency" means any Native American tribe or any local, state, or federal agency, other than the lead agency, with an interest in the project. "Participating agency" includes cooperating agencies but does not include nongovernmental organizations or other private entities.

AB454,160 Section 160. Trans 400.04 (24) of the administrative code is amended to read:

AB454,38,18 Trans 400.04 (24) "Reevaluation" means the review of a DEIS or FEIS an approved draft or final environmental document to assess whether there have been significant changes in the proposed action, the affected human environment, the anticipated environmental impacts, or the proposed mitigation measures.

AB454,161 Section 161. Trans 400.05 of the administrative code is amended to read:

AB454,39,7 Trans 400.05 Federal regulations adopted. Federal regulations, 23 CFR 771.115, 771.117, 771.119(a) and 771.123(a), April 1, 1998, adopted jointly by the federal highway administration and urban mass transit administration of the United States department of transportation, and its federal aviation administration order 5050.4A, chapter 3, paragraphs 20, 21, 22, and 23, October 8, 1985, pursuant to 40 CFR 1508.4, July 1, 1998, as approved by the United States council on environmental quality, and 40 CFR 1506.8 and 1508.17 References throughout this chapter to federal regulations and orders are to the following specific versions, which are hereby adopted by the department and are attached hereto in appendix 1: 23 CFR 771.115, 771.117, and 771.118, April 1, 2015; 40 CFR 1500.4, 1500.5, 1506.8, and 1508.4, July l, 2015; 49 CFR 266.19, October 1, 2014; and the United States department of transportation federal aviation administration order 5050.4B, chapters 6, 7, and 9, April 28, 2006.

AB454,162 Section 162. Trans 400.05 (note) of the administrative code is repealed.

AB454,163 Section 163. Trans 400.06 (5) of the administrative code is amended to read:

AB454,39,12 Trans 400.06 (5) Measures necessary to avoid, minimize and to mitigate for the mitigation of adverse environmental impacts of proposed actions shall be part of the development and evaluation of alternatives.

AB454,164 Section 164. Trans 400.06 (6) of the administrative code is amended to read: