AB454: Bill Text

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 Trans 253.06 (4) of the administrative code is repealed.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:

AB454,39,20 Trans 400.06 (6) The department shall implement procedures to make the WEPA process more useful to decision makers and the public by reducing paperwork and reducing delay utilizing the means for achieving these goals as specified in the rules of the United States council on environmental quality at 40 CFR 1500.4 and 1500.5, July 1, 1990, that which are attached hereto in appendix 1. Environmental documents shall be concise, clear, and to the point and emphasize real environmental issues and alternatives.

AB454,165 Section 165. Trans 400.07 (2) (intro.) of the administrative code is amended to read:

AB454,39,25 Trans 400.07 (2) (intro.) Except for actions designated CE actions which do not require any environmental documentation, actions Actions and procedures designated EIS, EA or ER shall require the following environmental documentation:

AB454,166 Section 166. Trans 400.07 (2) (b) 1. of the administrative code is amended to read:

AB454,40,13 Trans 400.07 (2) (b) 1. An EA shall be prepared for those project actions for which the significance of the environmental impact is not clearly established. If it is concluded from the analysis in the EA that the action is a major action, an EIS shall be prepared. If it is concluded from the analysis in the EA that the action is not a major action, the EA shall be revised to constitute a FONSI, and the FONSI shall serve as the environmental document. The FONSI shall be prepared only after availability of the EA for public, and cooperating and participating agency, review and comment and the incorporation of any appropriate revisions resulting from the public involvement process. Where a permit will be required or other agency coordination is specifically required by law, the FONSI may serve as the vehicle for such permit or coordinating agency approval.

AB454,167 Section 167. Trans 400.07 (2) (c) (intro.) of the administrative code is amended to read:

AB454,41,2 Trans 400.07 (2) (c) (intro.) ER. An ER is a procedure followed for an action that is likely to fit the criteria for a conditional categorical exclusion in 23 CFR 771.117 (d), April 1, 1998 23 CFR 771.118 (d), or federal aviation administration order 5050.4A, chapter 3, paragraph 23.a., October 8, 1985 5050.4B, chapter 6, paragraph 605, or otherwise requires coordination with or concurrence of another agency. An environmental report, or ER, shall be prepared to demonstrate whether the proposed action does fit the criteria or conditions for approval as a categorical exclusion and has been properly coordinated with other agencies having jurisdiction by law over specific activities. The ER shall serve as the department's record of coordination with other agencies having jurisdiction over specific activities, including the following activities:

AB454,168 Section 168. Trans 400.08 (1) (a) (intro.) of the administrative code is amended to read:

AB454,41,11 Trans 400.08 (1) (a) (intro.) EIS - Environmental Impact Statement. The federal highway administration regulations at 23 CFR 771.115(a) April 1, 1998, federal aviation administration order 5050.4A, chapter 3, paragraph 21, October 8, 1985, identify types of federally funded actions which require the preparation of an environmental impact statement. The following are examples of department major actions that normally require the preparation of an environmental impact statement:

AB454,169 Section 169. Trans 400.08 (1) (a) (intro.) (note) of the administrative code is repealed.

AB454,170 Section 170. Trans 400.08 (1) (a) 1. c. of the administrative code is amended to read:

AB454,41,19 Trans 400.08 (1) (a) 1. c. New construction Construction or extension of a fixed rail transit facilities including facility, such as rapid rail, light rail, commuter rail, and automated guideway transit or bus rapid transit, that will not be located within an existing transportation right-of-way.

AB454,171 Section 171. Trans 400.08 (1) (a) 2. a. of the administrative code is amended to read:

AB454,41,24 Trans 400.08 (1) (a) 2. a. First time Unconditionally approving or funding the first airport layout plan approval or airport location approval for a new commercial service airport located in a standard metropolitan statistical area.

AB454,172 Section 172. Trans 400.08 (1) (a) 2. b. of the administrative code is amended to read:

AB454,42,6 Trans 400.08 (1) (a) 2. b. Federal financial participation in, or airport layout plan approval of, Unconditionally approving or funding a new runway capable of handling to accommodate air carrier aircraft at a commercial service airport located in a standard metropolitan statistical area.

AB454,173 Section 173. Trans 400.08 (1) (a) 3. (note) of the administrative code is amended to read:

AB454,42,14 Trans 400.08 (1) (a) 3. (note) The federal highway administration regulations at 23 CFR 771.115 (a) and federal aviation administration order 5050.4B, chapter 9, paragraph 903, identify types of federally funded actions which normally require the preparation of an environmental impact statement. The federal railroad administration regulation at 49 CFR 266.19, October 1, 1997, generally identifies actions that do not require an environmental impact statement.

AB454,174 Section 174. Trans 400.08 (1) (b) (intro.) of the administrative code is amended to read:

AB454,42,24 Trans 400.08 (1) (b) (intro.) EA - Environmental Assessment. EA procedures apply to actions for which the significance of the environmental impacts is not clearly established and require the preparation of an environmental assessment to make that determination. The federal highway administration regulations at 23 CFR 771.115(c) April 1, 1998, and the federal aviation order 5050.4A, chapter 3, paragraph 22, October 8, 1985 identify the types of federal actions that require the preparation of an environmental assessment. Examples of the department's actions that are required to follow the EA procedure are as follows:

AB454,175 Section 175. Trans 400.08 (1) (b) 1. of the administrative code is repealed and recreated to read:

AB454,43,6 Trans 400.08 (1) (b) 1. `Highways and transit.' In addition to actions the department determines meet the criteria for an EA action under this chapter, the department may apply EA procedures to the highway and transit actions generally identified in 23 CFR 771.115 (c).

AB454,176 Section 176. Trans 400.08 (1) (b) 2. of the administrative code is repealed and recreated to read:

AB454,43,12 Trans 400.08 (1) (b) 2. `Airports.' In addition to actions the department determines meet the criteria for an EA action under this chapter, the department may apply EA procedures to actions generally identified in federal aviation administration order 5050.4B.

AB454,177 Section 177. Trans 400.08 (1) (b) 3. of the administrative code is amended to read:

AB454,43,20 Trans 400.08 (1) (b) 3. Administrative facilities. Construction Examples of department actions regarding administrative facilities to which EA procedures normally apply are: construction of a new or replacement administrative building, including an office building, state patrol academy, driver licensing and testing station, state patrol communications building, or other similar facility, at a new location.

AB454,178 Section 178. Trans 400.08 (1) (b) 5. (intro.) of the administrative code is amended to read:

AB454,43,25 Trans 400.08 (1) (b) 5. (intro.) Policy, contract, standard, and specification changes. Examples of department actions regarding policy, contract, standard, and specification changes to which EA procedures normally apply are:

AB454,179 Section 179. Trans 400.08 (1) (c) (intro.) of the administrative code is renumbered Trans 400.08 (1) (d) (intro.) and amended to read:

AB454,44,10 Trans 400.08 (1) (d) (intro.) ER - Environmental Report. ER procedures apply to actions identified in 23 CFR 771.117(d), April 1, 1998, and federal aviation administration order 5050.4A, chapter 3, paragraph 23a., October 8, 1985. ER actions require documentation with an environmental report. The environmental report shall demonstrate that the action meets the criteria for a categorical exclusion by demonstrating that specific conditions or criteria for the action have been addressed and that significant environmental effects will not result. Examples of ER actions to which ER procedures apply are as follows:

AB454,180 Section 180. Trans 400.08 (1) (c) 1. of the administrative code is repealed and recreated to read:

AB454,44,16 Trans 400.08 (1) (c) 1. `Highways and transit.' In addition to actions the department determines meet the criteria for a CE action under this chapter, the department may classify as CE actions those highway and transit actions identified in 23 CFR 771.117 (c) and 23 CFR 771.118 (c).