SB360: Text as Enrolled

Trans 207.02 (3) In addition to complying with these standards, it may be necessary for constructing authorities to obtain permits from federal agencies such as the U.S. coast guard and the U.S. army corps of engineers Army Corps of Engineers.

SB360,112 Section 112 . Chapter Trans 210 (title) of the administrative code is amended to read:

CHAPTER TRANS 210

MAJOR HIGHWAY PROJECT NUMERICAL
EVALUATION PROCESS

SB360,113 Section 113 . Trans 210.01 of the administrative code is amended to read:

Trans 210.01 Purpose. In accordance with s. 85.05, Stats., this chapter sets forth the process and criteria used by the department to numerically evaluate projects considered for enumeration. This process for evaluating candidate major highway projects is used to advise the transportation projects commission. This chapter establishes a minimum score that a project shall meet or exceed in order to be eligible for recommendation to the transportation projects commission.

SB360,114 Section 114 . Trans 210.02 of the administrative code is amended to read:

Trans 210.02 Applicability. The procedures in this This chapter shall be applied to projects being considered for enumeration as major highway projects by the department.

SB360,115 Section 115 . Trans 210.03 (4) of the administrative code is repealed.

SB360,116 Section 116 . Trans 210.05 (intro.) of the administrative code is renumbered Trans 210.05 and amended to read:

Trans 210.05 Minimum benefit requirement. Proposed major highway projects having traffic flow or safety deficiencies shall receive a minimum requirement score of 10 points will require a benefit-cost analysis consistent with the department's best practice methodologies. Only these those projects generating a benefit-cost ratio of at least 1.0 shall be eligible for recommendation to the transportation projects commission. Traffic flow or safety deficiencies shall exist if either of the following conditions are satisfied:

SB360,117 Section 117 . Trans 210.05 (1), (1) (note), (2) and (2) (b) (note) of the administrative code are repealed.

SB360,118 Section 118 . Trans 210.06 of the administrative code is repealed.

SB360,119 Section 119 . Trans 210.065 of the administrative code is created to read:

Trans 210.065 Measures. The department shall use its best practices to evaluate and recommend major highway projects to the transportation projects commission. Best practice analytical techniques shall include a detailed review of a project's ability to enhance Wisconsin's economy, improve highway mobility and safety, minimize environmental impacts, and serve community objectives. The measurement techniques used to evaluate these goals is continually evolving and improving with expanding data sources and analytical techniques. The evaluation is expected to include the following goals and objectives:

(1) Improving highway safety. Major highway projects play an important role in improving the safety of Wisconsin's highways. Reducing the number of fatalities and injury crashes as well as the property and freight losses associated with these crashes is a primary goal of the department. A crash analysis shall be performed to determine the number and severity of the crash problems on the affected highway.

(2) Enhancing Wisconsin's economy. Major highway projects shall be evaluated to determine their ability to enhance Wisconsin's economy. A key component is estimated lower travel costs, which serve to increase the competitiveness of existing businesses and enhance Wisconsin's ability to maintain and compete for jobs. The department shall use benefit-cost analysis procedures as the primary foundation of this evaluation to determine the economic viability of candidate projects. The benefit-cost analysis shall demonstrate that the reductions in travel costs exceed the costs of design, construction, and long-term rehabilitation and maintenance costs of the facility. The analysis of reduced travel costs shall include estimated travel time savings, safety savings, and vehicle operating cost savings. Additionally, the analysis shall carefully consider critical supply chain corridors to support projects that are most critical for maintaining and preserving an efficient and reliable network for manufacturers and shippers. The economic analysis shall also consider those areas of Wisconsin that are projected to have more growth in the amount of employment and tourism.

(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.

(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).

(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).

SB360,120 Section 120 . Trans 210.07 of the administrative code is repealed.

SB360,121 Section 121 . Trans 210.08 of the administrative code is repealed.

SB360,122 Section 122 . Trans 233.08 (2) (c) 5. of the administrative code is amended to read:

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.

SB360,123 Section 123 . Trans 233.11 (3) (b) 4. of the administrative code is amended to read:

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.

SB360,124 Section 124. Trans 252.06 (1) of the administrative code is amended to read:

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).

SB360,125 Section 125 . Trans 253.01 of the administrative code is amended to read:

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.

SB360,126 Section 126 . Trans 253.02 of the administrative code is amended to read:

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.

SB360,127 Section 127 . Trans 253.04 (intro.) (except Trans 253.04 (title)) and (1) of the administrative code are repealed.

SB360,128 Section 128 . Trans 253.04 (1m) of the administrative code is created to read:

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.

SB360,129 Section 129 . Trans 253.04 (2) of the administrative code is repealed.

SB360,130 Section 130 . Trans 253.04 (3) of the administrative code is amended to read:

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.

SB360,131 Section 131. Trans 253.04 (4) to (8) of the administrative code are repealed.

SB360,132 Section 132 . Trans 253.04 (9) of the administrative code is amended to read:

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.

SB360,133 Section 133 . Trans 253.04 (10) of the administrative code is created to read:

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:

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

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

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

SB360,134 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:

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

SB360,135 Section 135 . Trans 253.04 (notes 1 and 2) of the administrative code are amended to read:

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.

(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.

SB360,136 Section 136 . Trans 253.045 of the administrative code is created to read:

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.

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

(3) The request shall specify the permit number of the permit to be amended.

(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.

SB360,137 Section 137 . Trans 253.05 (2) of the administrative code is amended to read:

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.

SB360,138 Section 138 . Trans 253.05 (5) of the administrative code is amended to read:

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

SB360,139 Section 139 . Trans 253.06 (4) of the administrative code is repealed.

SB360,139m Section 139m. Trans 253.06 (4m) of the administrative code is created to read:

Trans 253.06 (4m) Class “B" highways. The vehicle is not operated upon a class “B" highway, as classified in accordance with s. 348.16, Stats., with a gross weight exceeding that 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.

SB360,140 Section 140 . Trans 253.06 (6) of the administrative code is amended to read:

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.

SB360,141 Section 141 . Trans 253.06 (16) of the administrative code is amended to read:

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.

SB360,142 Section 142 . Trans 253.065 (title) of the administrative code is amended to read:

Trans 253.065 (title) Times of operation; permit conditions.

SB360,143 Section 143 . Trans 253.065 (2) and (3) of the administrative code are repealed.

SB360,144 Section 144 . Trans 253.065 (4) of the administrative code is amended to read:

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.

SB360,145 Section 145. Trans 310.01 (2) of the administrative code is amended to read:

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.

SB360,146 Section 146. Trans 310.04 (1) and (2) of the administrative code are consolidated, renumbered Trans 310.04 and amended to read:

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.

SB360,147 Section 147. Trans 310.04 (note) of the administrative code is repealed.

SB360,148 Section 148. Trans 310.05 (1) of the administrative code is amended to read:

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:

SB360,149 Section 149. Trans 315.01 (2) of the administrative code is amended to read:

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.

SB360,150 Section 150. Trans 315.03 (1) of the administrative code is amended to read:

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:

SB360,151 Section 151. Trans 315.03 (2) of the administrative code is amended to read:

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.

SB360,223 Section 223 . Trans 401.04 (28) of the administrative code is amended to read:

Trans 401.04 (28) “Section 404 permit" means a permit issued by the U.S. army corps of engineers Army Corps of Engineers under 33 USC 1344 of the clean water act, as amended.

SB360,224 Section 224. Trans 510.08 (2) (intro.), (a) and (b) of the administrative code are consolidated, renumbered Trans 510.08 (2) and amended to read:

Trans 510.08 (2) A jobs guarantee with the local governing body shall be part of the project agreement when deemed necessary by the department in order to protect the public interest. The local governing body shall, in turn, be encouraged to develop a similar agreement with the economic development project. The jobs guarantee shall obligate the local governing body to reimburse the department for up to the full amount of the grant if either of the following occurs: (a) The guaranteed number of direct jobs associated with the economic development project do not result within 3 years of the date the project agreement is executed. (b) The the guaranteed number of direct jobs associated with the economic development project do not exist 7 5 years after the date the project agreement is executed. The base number of jobs to be used for comparison shall be established on the date funds are awarded. Verification of the number of direct jobs associated with the economic development project shall be made utilizing information available from the department of workforce development and other sources.