NOTICE IS HEREBY GIVEN that pursuant to ss.
85.16 (1),
85.095 and
227.11 (2), Stats., and interpreting s.
85.095, Stats., including s.
85.095 (1) (a),
(1) (am) and
(5), Stats., as amended or created by
2003 Wis. Act 208, the Department of Transportation will hold public hearings at the following locations to consider the amendment of ch.
Trans 28, Wisconsin Administrative Code, relating to expanding eligibility for Harbor Assistance Program grants to private owners of harbor facilities:
April 6, 2005
Milwaukee Amtrak Depot, 3rd Floor
Community East Room
433 W. St. Paul Avenue
Milwaukee, WI
1:00 PM
April 7, 2005
Hill Farms State Transportation Building
4802 Sheboygan Avenue
Room 419
Madison, WI
1:00 PM
The hearing locations are accessible to persons with disabilities.
Analysis Prepared by the Wisconsin Department of Transportation
Plain Language Analysis:
2003 Wisconsin Act 208 amended s.
85.095, Stats., providing eligibility to private owners of commercial harbor facilities to make direct grant application to the Wisconsin Department of Transportation's Harbor Assistance Program (HAP) rather than through a public harbor authority under a lease-back arrangement. Applications are solicited semi-annually from Wisconsin's commercial ports to present infrastructure improvement projects for consideration and possible funding by the HAP. The grant applications are reviewed for responsiveness to the requirements of ch.
Trans 28, Wis. Adm. Code. They are then ranked and scored by the program's Harbor Advisory Council (HAC), which is comprised of representatives from prescribed constituencies. The HAC, upon due consideration, makes recommendations to the Secretary of the Department of Transportation as to which application(s) should be funded. These recommendations are then forwarded to the Governor for his consideration. The announcement of a grant award is made through the Governor's office.
Summary of, and Preliminary Comparison with, Existing or Proposed Federal Regulation: There are no comparable federal laws or regulations.
Comparison with Rules in Adjacent States:
Michigan: Harbor assistance in Michigan takes the form of operating and capital assistance to port authorities that oversee ferryboat operations. The capital assistance is found in a marine capital line item and is limited to $800,000 per year.
Minnesota: Minnesota created a Port Development Assistance Program in 1996. It is similar to Wisconsin's HAP in that it mixes bonding authority with state dollars to fund infrastructure improvement projects.
Illinois: None
Iowa: None
Summary of Factual Data and Analytical Methodologies Used and How the Related Findings Support the Regulatory Approach Chosen: No data or analytical methodology was employed in considering this proposed rule making.
Effect on Small Business and, If Applicable, Any Analysis and Supporting Documentation Used to Determine Effect on Small Businesses: This proposed rule should not impact small businesses. You may contact the Department's small business regulatory coordinator by phone at (608) 267-3703, or via e-mail at the following website:
http://www.dot.wisconsin.gov/library/research/law/rulenotices.htm.
Fiscal Effect and Anticipated Costs Incurred by Private Sector: The Department estimates that there will be no fiscal impact on the liabilities or revenues of any county, city, village, town, school district, vocational, technical and adult education district, sewerage district, or federally-recognized tribes or bands. The Department estimates that there will be no fiscal impact on state revenues or private sector liabilities.
Place Where Comments are to be Submitted and Deadline for Submission: The public record on this proposed rule making will be held open until close of business April 14, 2005, to permit the submission of comments in lieu of public hearing testimony or comments supplementing testimony offered at the hearing. Any such comments should be submitted to Larry Kieck, Department of Transportation, Bureau of Rails and Harbors, Room 701, P. O. Box 7914, Madison, WI 53707-7914. You may also contact Mr. Kieck by phone at (608) 267-9319. Copies of the proposed rule and alternative formats of the rule are available upon request.
