LRB-3135/1
ZDW/EVM/ARG:wlj&cjs
2015 - 2016 LEGISLATURE
October 23, 2015 - Introduced by Representatives Ripp, Ballweg, Weatherston
and Murphy, cosponsored by Senator Petrowski. Referred to Committee on
Transportation.
AB454,1,2
1An Act relating to: modifying and repealing various rules promulgated by the
2Department of Transportation.
Analysis by the Legislative Reference Bureau
This bill makes minor and technical changes to rules promulgated by the
Department of Transportation (DOT), including correcting obsolete references and
references to defunct programs and updating or repealing provisions that are
inconsistent with current statutes and federal rules or that were promulgated based
on statutes that have since been amended or repealed. The bill also make several
substantive changes to various rules promulgated by DOT, including the following:
1. DOT's current rules include provisions implementing the Wisconsin
Environmental Policy Act. These rules include provisions that, among other things,
establish criteria and procedures relating to environmental assessments,
environmental impact statements, environmental reports, and categorical
exclusions relating to DOT actions that may affect the quality of the human
environment. Many of these rules reference provisions of the National
Environmental Policy Act. This bill makes various changes to rules relating to the
environmental review process and environmental documentation for transportation
projects, including 1) removing examples of specific actions for which an
environmental assessment or environmental report is or is not required; 2)
standardizing and clarifying content requirements for certain environmental
documentation; 3) modifying certain provisions relating to notice and hearing on
proposed actions; 4) adding provisions relating to revision of final action documents,
including environmental reports and records of decision; 5) modernizing references
to federal law; and 6) eliminating or adding notes and making other minor and
technical changes.
2. The bill changes the methodology by which the department evaluates major
highway projects.
3. The bill allows certain recreational vehicle dealers that do not have a
permanent facility in the state to display and sell recreational vehicles at certain
temporary rally or show sites.
4. The bill authorizes an alternate design for handicapped parking signs
displayed in parking lots.
5. The bill eliminates a continuity-of-service requirement for motor vehicle
rental companies.
6. The bill authorizes the use of electronic signatures on applications for special
identification cards that afford certain parking privileges for persons with a
disability that limits or impairs the ability to walk.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB454,1
1Section
1. Trans 28.04 (2) of the administrative code is amended to read:
AB454,2,112
Trans 28.04
(2) Eligible projects shall be located only in Great Lakes or
3Mississippi River system harbors where vessels take on or discharge a combined
4total of more than 1,000 tons of commercial cargo per year; where commercial, naval
5or recreational vessels are built; where passenger or vehicle-carrying ferry service
6connects the Wisconsin communities along the Great Lakes and Mississippi River,
7or connects the Wisconsin mainland with other states, Canadian provinces or
8populated islands in Wisconsin or where commercial fishing vessels unload fish. The
9U.S.
army corps of engineers' Army Corps of Engineers' annual tonnage figures shall
10be the basis for the tonnage determination; where tonnage figures are not available,
11the eligible applicant shall provide tonnage figures based on auditable records.
AB454,2
12Section
2. Trans 28.06 (1) of the administrative code is amended to read:
AB454,3,8
1Trans 28.06
(1) The department shall annually establish deadlines for filing
2harbor assistance project applications and shall give appropriate notice of the
3deadlines. Notice shall be by
regular or electronic mail, sent to every eligible
4applicant that has met the planning requirements under s. Trans 28.10. The
5department shall issue notice of the grant awards within 180 days after an
6application deadline. No grant funds may be committed to an eligible applicant until
7a grant agreement is negotiated and signed by the department and the eligible
8applicant.
AB454,3
9Section
3. Trans 28.07 (2) of the administrative code is amended to read:
AB454,3,1210
Trans 28.07
(2) For projects funded in part by the U.S.
army corps of engineers 11Army Corps of Engineers, the state share may not exceed 50% of the
non-federal 12nonfederal share of the project costs.
AB454,4
13Section
4. Trans 28.07 (3) of the administrative code is amended to read:
AB454,3,1814
Trans 28.07
(3) For projects with federal funding, other than those projects
15funded in part by the U.S.
army corps of engineers
Army Corps of Engineers as
16described in sub. (2), the state share may not exceed 80% of the
non-federal 17nonfederal share of project costs; furthermore, the minimum eligible applicant share
18shall be no less than 10% of project costs.
AB454,5
19Section
5. Trans 28.09 (4) of the administrative code is amended to read:
AB454,3,2520
Trans 28.09
(4) The eligible applicant shall submit an application to the
21department by August 1 in order to receive primary consideration for funding during
22the following calendar year. If funds are available, applications may be submitted
23by March 15, 1985, and by
February August 1 of each year thereafter, for funding in
24the same calendar year. The department may waive the requirements in this
25subsection for emergency repair projects.
AB454,6
1Section
6. Trans 31.02 (2) of the administrative code is renumbered Trans
231.02 (15m) and amended to read:
AB454,4,43
Trans 31.02
(15m) "
BR&H RHS" means the
bureau of railroads and harbors
4section within the department.
AB454,7
5Section
7. Trans 31.03 (1) (note) of the administrative code is amended to read:
AB454,4,76
Trans 31.03
(1) (note) Applications may be submitted to
BR&H RHS, 4802
7Sheboygan Avenue, P. O. Box 7914, Madison, Wisconsin 53707-7914.
AB454,8
8Section
8. Trans 31.03 (5) (a) of the administrative code is amended to read:
AB454,4,119
Trans 31.03
(5) (a)
BR&H RHS shall review an application and notify the
10applicant of approval or denial of the application within 21 days following receipt of
11a complete application.
AB454,9
12Section
9. Trans 31.03 (5) (c) of the administrative code is amended to read:
AB454,4,1713
Trans 31.03
(5) (c)
BR&H RHS may require additional information from an
14applicant to complete its review of an application. If an application is received at
15least 45 days prior to the date of the first planned operation,
BR&H RHS shall have
1621 days from the receipt of the additional information to render its decision about the
17application.
AB454,10
18Section
10. Trans 31.03 (5) (d) of the administrative code is amended to read:
AB454,4,2019
Trans 31.03
(5) (d)
BR&H RHS shall notify an applicant in writing of all
20deficiencies in an application, and the reasons for a denial.
AB454,11
21Section
11. Trans 31.03 (6) (a) of the administrative code is amended to read:
AB454,4,2322
Trans 31.03
(6) (a) An application which has been denied by
BR&H RHS in
23accordance with sub. (5) (b) 1. may be resubmitted in compliance with this section.
AB454,12
24Section
12. Trans 31.03 (6) (b) of the administrative code is amended to read:
AB454,5,3
1Trans 31.03
(6) (b) An application which has been denied by
BR&H RHS in
2accordance with sub. (5) (b) 2. or 3. may be resubmitted with the additional
3information identified in
BR&H's RHS's letter denying the original application.
AB454,13
4Section
13. Trans 31.03 (6) (c) of the administrative code is amended to read:
AB454,5,75
Trans 31.03
(6) (c) An application which has been denied by
BR&H RHS in
6accordance with sub. (5) (b) 4. or 5. may not be resubmitted until after the sanctions
7imposed by s. Trans 31.07 (3) have expired.
AB454,14
8Section
14. Trans 31.03 (8) of the administrative code is amended to read:
AB454,5,119
Trans 31.03
(8) Any permit issued by the department shall expire on the date
10specified by
BR&H RHS. In no event shall a permit expire later than December 31
11of the year in which the application proposes operation to commence.
AB454,15
12Section
15. Trans 31.04 (1) (h) 2. of the administrative code is amended to
13read:
AB454,5,1614
Trans 31.04
(1) (h) 2. All active grade-crossing warning devices are functional
15and can be operated by the equipment proposed to be used unless
BR&H RHS waives
16this requirement in writing on the permit.
AB454,16
17Section
16. Trans 31.04 (1) (k) 1. of the administrative code is amended to read:
AB454,5,2018
Trans 31.04
(1) (k) 1.
An Maintenance of an established escrow account
19approved by the department with a Wisconsin financial institution for the deposit of
20all
amounts received from buyers in advance ticket sales.
AB454,17
21Section
17. Trans 31.04 (1) (k) 2. of the administrative code is amended to read:
AB454,6,622
Trans 31.04
(1) (k) 2. A financial instrument
, including a bond, a certificate of
23deposit, or an irrevocable letter of credit, from a Wisconsin financial institution in
24an amount sufficient to refund the expected advance payments for service
and
25department administrative costs of processing refunds in the event that the
1excursion is not operated for any reason.
The financial instrument described in this
2subdivision shall be established in favor of or made payable to the state, for the
3benefit of any buyer who does not receive a refund if performance of the event for
4which a ticket has been purchased has been cancelled or rescheduled. An applicant
5shall file with the department any agreement, instrument, or other document
6necessary to enforce the commitment against the sponsor or any relevant 3rd party.
AB454,18
7Section
18. Trans 55.02 (2m) of the administrative code is created to read:
AB454,6,108
Trans 55.02
(2m) "Approach" means areas beyond the runway end intended
9to provide safe navigable airspace for aircraft arrivals and departures to and from
10a landing facility.
AB454,19
11Section
19. Trans 55.06 (3) (a) of the administrative code is amended to read:
AB454,6,1912
Trans 55.06
(3) (a)
An airport owner shall maintain clear and safe runway
13protection zones as described in FAA advisory circular 150/5300-13, Airport Design,
14as amended, except for runway lighting fixtures, markers and metrological
15instruments whose locations are fixed by their functional purposes or a structure
16approved by the FAA. The owner shall establish positive control of the runway
17protection zones through the acquisition of fee title or
avigation easement. The
18owner shall prevent the erection or creation of a structure or place of public assembly
19in the runway protection zone.
AB454,20
20Section
20. Trans 55.06 (4) (a) of the administrative code is amended to read:
AB454,6,2321
Trans 55.06
(4) (a)
A public airport owner shall adopt the following ordinances
22within 6 months after
receipt of a sample ordinance
receiving notice from the
23secretary:
AB454,21
24Section
21. Trans 55.06 (8) (c) of the administrative code is amended to read:
AB454,7,7
1Trans 55.06
(8) (c)
The airport layout plan and each amendment, revision or
2modification to the plan shall be subject to the approval of the secretary
, which
3approval shall be evidenced by the signature of a duly authorized representative of
4the secretary on the face of the airport layout plan. The airport owner may not make
5or permit a change or alteration in the airport or in any of its facilities other than in
6conformity with the airport layout plan as approved by the secretary if the changes
7or alterations might adversely affect the safety, utility or efficiency of the airport.
AB454,22
8Section
22. Trans 56.04 (3) (b) 3. of the administrative code is repealed and
9recreated to read:
AB454,7,1110
Trans 56.04
(3) (b) 3. Latitude and longitude coordinates of the proposed
11structure.