Summary of the Factual Data and Analytical Methodologies that the Agency Used in Support of the Proposed Rule and How Any Related Findings Support the Regulatory Approach Chosen for the Rule:
The Department’s approach to update ch. Trans 2 mirrored the changes in the federal Section 5310 circular (FTA C 9070.1) to comply with the Moving Ahead Progress in the 21st Century Act (MAP-21) of July 2012, the Fixing America’s Surface Transportation (FAST) Act passed in December 2015, and any future federal changes to the Section 5310 program. By comparing state funding rules in Michigan and Iowa, the Department believes it will be best for its program managers and grant recipients if Wisconsin’s rule was less restrictive so the rules can more easily reflect any future federal changes to the program. Analysis Regarding Rule’s Effect on Small Businesses:
By broadening the type of projects allowed under ch. Trans 2, the proposed changes would allow s. 85.22, Stats. funds to be awarded to small private non-profit agencies that provide specialized transportation service to seniors and individuals with disabilities. Currently, s. 85.22, Stats. funds are restricted to funding only accessible vehicle purchases. These rules changes would allow a greater variety of projects using s. 85.22, Stats. funds; projects could include: staff costs associated with mobility management grants; and, voucher programs, volunteer driver programs, and service operating costs with operating assistance grants. Fiscal effect: There are no additional funds being requested by the changes to ch. Trans 2. No fiscal effects are anticipated. Anticipated costs incurred by private sector: No additional costs in the private sector are anticipated. By broadening the projects allowed under ch. Trans 2, non-profit organizations may be awarded additional funding for their operating and non-vehicle capital projects. The only cost incurred by a private non-profit applying for s. 85.22, Stats. funds would be the local match required towards an awarded project. Agency Contact Person:
John Swissler
State of Wisconsin Department of Transportation
Division of Transportation Investment Management
4822 Madison Yards Way, Transit Section 6th Floor
Madison, Wisconsin 53705
608-264-9532
Place Where Comments Should Be Submitted and Deadline:
Comments may be submitted to the agency contact person listed above until the deadline given in the upcoming notice of public hearing. The deadline for submitting comments and the notice of public hearing will be posted on the Wisconsin Administrative Rules Website at http://adminrules.wisconsin.gov after the hearing is scheduled. TEXT OF PERMANENT RULE
Trans 2 (title) is amended to read:
ELDERLY AND DISABLED TRANSPORTATION CAPITAL ASSISTANCE PROGRAM ENHANCED MOBILITY FOR SENIORS AND INDIVIDUALS WITH DISABILITIES GRANT PROGRAM
Trans 2.01 is amended to read:
Trans 2.01 Purpose and scope. The purposes of this chapter are to establish the department's administrative interpretation of s. 85.22, Stats., including the administration of assistance under the federal sec. 5310 program, and to prescribe administrative policies and procedures for implementing the elderly and disabled specialized transportation capital assistance program authorized under s. 85.22, Stats. Trans 2.015 (1) is repealed.
Trans 2.015 (6) is amended to read:
Trans 2.015 (6) “Other transportation providers provider” include means a public, private nonprofit and nonprofit, or private for-profit businesses business or organizations organization, other than a given an eligible applicant, which operate operates passenger transportation services using the same mode of transportation as an applicant.
Trans 2.015 (7) is repealed.
Trans 2.015 (8) and (9) are created to read:
Trans 2.015 (8) “Program cycle” means a one or two year period, whose start and end dates are specified by the department, for which the department accepts applications and issues awards for projects authorized under s. 85.22, Stats. Trans 2.015 (9) “Project” means operation of a transportation service for seniors or individuals with disabilities, or purchase of capital equipment for use in a service.
Trans 2.02 (title) and Trans 2.02 (1) are amended to read:
Trans 2.02 Eligible Applicants Program eligibility.
Trans 2.02 (1) An eligible applicant may apply for capital project assistance under s. 85.22, Stats. All applicants shall comply with federal regulations governing the federal sec. 5310 program. Trans 2.02 (2) is repealed and recreated to read:
Trans 2.02 (2) Applicants may request assistance for any operating projects or capital acquisitions that are consistent with the specialized transportation program purpose specified in s. 85.22 (1), Stats. Trans 2.03 is amended to read:
Trans 2.03 Capital costs Aid allocation. Commencing with the highest ranking application as determined under s. Trans 2.06 and to the extent that federal and state moneys are available, the department shall offer to each eligible applicant an amount of state aid such that the sum of federal and state aid received by an applicant does not exceed 80% of estimated capital the proportion of project costs permitted under the federal sec. 5310 program. Trans 2.04 (intro.) and 2.04 (4) are amended to read:
Trans 2.04 Coordination. It is the department's policy to encourage the coordination of elderly and disabled transportation for seniors and individuals with disabilities among providers of such services. To that end, each eligible applicant receiving aids under this chapter shall:
Trans 2.04 (4) Include in its application evidence that the transportation service proposed for the general elderly and disabled public seniors and individuals with disabilities was designed with the cooperation of the appropriate county committees or commissions on aging and boards created under ss. 51.42 and 51.437, Stats. Trans 2.045 is amended to read:
Trans 2.045 Private provider participation Provider notification. Every application shall include evidence that all other transportation providers in the applicant's service area have been afforded an opportunity to comment on the service for which an applicant proposes to furnish with the vehicles to be purchased with requests assistance under this chapter. This evidence shall include copies of all correspondence between the applicant and other transportation providers, except that the evidence shall include one copy of the notice required under s. Trans 2.05 (1) (d) and a certified list of all other transportation providers to which the notice was mailed rather than copies of all the notices actually mailed and any additional evidence the department specifies in its application instructions. The department may reject an application for failure to comply with this requirement. Trans 2.05 (title) is repealed and recreated to read:
Trans 2.05 Application schedule.
Trans 2.05 (1) (intro.) is amended to read:
Trans 2.05 (1) (intro.) Each application for capital assistance under this chapter shall be considered valid only during for the program cycle in for which it is submitted. Except as provided in s. Trans 2.06 (3), an applicant for capital assistance shall prepare an application according to the following schedule:
Trans 2.05 (1) (a), (b), (c), and (d) are repealed.
Trans 2.05 (2) is repealed and recreated to read:
Trans 2.05 (2) The department shall specify the duration of the upcoming program cycle in the corresponding application guidelines. The department shall notify all known potential applicants when the application period begins. The application period shall last not less than 45 days.
Trans 2.05 (3) is repealed.
Trans 2.055 (1), (2), (3), (7) (8) and (9) are amended to read:
Trans 2.055 (1) A person An applicant adversely affected by a violation of s. Trans 2.045, 2.05 or 2.10 may request the department to review an whose application for capital assistance under this chapter is not awarded funding may request that the department review the process by which it reviewed the application.
(2) A request for department review under sub. (1) shall be made in writing and shall be filed with the department within 10 14 days of the application filing deadline in s. Trans 2.05 (1) (a) the department’s notification of non-award.
(3) If the department receives a request for review of an application for capital assistance under this chapter, the chief of the specialized transit section shall conduct the department review.
(7) In conducting its review, the department may request ask interested parties to provide additional written information. The failure of any interested party to provide information requested by the department, or to cooperate with the department in its review, may result in dismissal of a request for review or denial of an application for capital assistance.
(8) The chief of the specialized transit section shall submit a written recommendation to the director of the bureau of transit and local roads, transit, local roads, railroads and harbors, who shall issue a written decision. A copy of the director’s decision shall be provided to the applicant and to the person requesting the department review.
(9) The decision of the director of the bureau of transit and local roads, transit, local roads, railroads and harbors, shall be the final decision of the department and is not subject to further appeals or judicial review.
Trans 2.06 (1) and (2) are repealed and recreated to read:
Trans 2.06 (1) The department shall assess whether all applications are consistent with the program purpose set forth in s. 85.22 (1), Stats. Any application determined to be inconsistent with the program purpose shall be excluded from further consideration for award of aids administered under this chapter. (2) The following evaluation criteria, derived from the federal sec. 5310 program, shall be used:
(2) (a) The extent of service coordination.
(2) (b) The extent that service can be provided to seniors and individuals with disabilities.
(2) (c) The extent to which transportation needs of seniors and individuals with disabilities are identified.
(2) (d) The extent to which financial and technical capabilities are identified.
