84.30 (5r) (e) If a highway project of the department causes the relocation of a sign that does not conform to a local ordinance, all of the following shall apply with respect to relocation of the sign:
1. The size of the sign face, and the number of sign faces on the sign, after relocation shall be the same as prior to relocation.
2. The height of the sign, as measured from road-grade level of the highway from which motorists are intended to view the sign, after relocation shall be equal to or greater than the height above road-grade prior to relocation.
3. The new location for the sign shall meet all requirements for a sign permit under this section, to the extent the department issues permits for signs.
20,1557
Section
1557. 84.40 (2) (a) of the statutes is amended to read:
84.40 (2) (a) May Subject to any prior action under s. 13.48 (14) (am) or 16.848 (1), may sell and convey to a nonprofit-sharing corporation any public right-of-way available for highway purposes and any existing highways or other improvements thereon owned by the state or under the jurisdiction of the department for such consideration and upon such terms and conditions as the department deems in the public interest.
20,1558
Section
1558. 84.555 (1m) of the statutes is amended to read:
84.555 (1m) Notwithstanding sub. (1) and ss. 84.51 and 84.59, the proceeds of general obligation bonds issued under s. 20.866 (2) (uum) are allocated for expenditure obligations under s. 84.95 and s. 84.014 and, the proceeds of general obligation bonds issued under s. 20.866 (2) (uup) may be used to fund expenditure obligations for the Marquette interchange reconstruction project under s. 84.014, for the reconstruction of the I 94 north-south corridor, as defined in s. 84.014 (5m) (ag) 1., for the reconstruction of the Zoo interchange, as defined in s. 84.014 (5m) (ag) 2., and for southeast Wisconsin freeway megaprojects under s. 84.0145, and for high-cost state highway bridge projects under s. 84.017, and the proceeds of general obligation bonds issued under s. 20.866 (2) (uur) may be used to fund expenditure obligations for southeast Wisconsin freeway megaprojects under s. 84.0145.
20,1559
Section
1559. 84.59 (6) of the statutes is amended to read:
84.59 (6) The building commission may contract revenue obligations when it reasonably appears to the building commission that all obligations incurred under this section can be fully paid from moneys received or anticipated and pledged to be received on a timely basis. Except as provided in this subsection, the principal amount of revenue obligations issued under this section may not exceed $3,351,547,300 $3,768,059,300, excluding any obligations that have been defeased under a cash optimization program administered by the building commission, to be used for transportation facilities under s. 84.01 (28) and major highway projects for the purposes under ss. 84.06 and 84.09. In addition to the foregoing limit on principal amount, the building commission may contract revenue obligations under this section as the building commission determines is desirable to refund outstanding revenue obligations contracted under this section, to make payments under agreements or ancillary arrangements entered into under s. 18.55 (6) with respect to revenue obligations issued under this section, and to pay expenses associated with revenue obligations contracted under this section.
20,1559w
Section 1559w. 85.0205 of the statutes is created to read:
85.0205 Expenditures for aesthetic elements. (1) Except as provided in subs. (2) and (3), the department may not expend more than 1.5 percent of the project costs of any highway improvement project on elements that the department determines are primarily related to the aesthetic preferences of communities adjacent to the project, generally known as community sensitive solutions.
(2) Subsection (1) does not apply if any of the following apply:
(a) The elements are included in a federal record of decision or similar federal project approval issued prior to the effective date of this section .... [LRB inserts date].
(b) The inclusion of the elements is required to receive approval for the use of federal funds on the project.
(3) The department may expend more than the amount permitted under sub. (1) if the expenditures in excess of the amount permitted are reimbursed by another party.
20,1560
Section
1560. 85.021 of the statutes is created to read:
85.021 Transportation alternatives program. (1) Definitions. In this section:
(a) "Eligible entity" has the meaning given in
23 USC 213 (c) (4) (B).
(b) "Transportation alternatives" has the meaning given in
23 USC 101 (a).
(2) Program. (a) The department may administer a program to award grants of assistance to any eligible entity for transportation alternatives activities consistent with federal regulations promulgated under
23 USC 213. The grants shall be awarded from the appropriations under s. 20.395 (2) (js), (jv), and (jx).
(b) Any project for which a grant is awarded under par. (a) shall be commenced within 4 years from the date that the grant is awarded. For purposes of this paragraph, a planning project is commenced when a planning study is begun and an infrastructure project is commenced when construction is begun.
20,1561
Section
1561. 85.024 of the statutes is repealed.
20,1562
Section
1562. 85.026 of the statutes is repealed.
20,1563
Section
1563. 85.027 of the statutes is repealed.
20,1564
Section
1564. 85.029 of the statutes is repealed.
20,1564e
Section 1564e. 85.063 (title) and (1) (intro.) and (b) of the statutes are repealed.
20,1564m
Section 1564m. 85.063 (1) (c) of the statutes is renumbered 182.017 (1g) (ct) and amended to read:
182.017 (1g) (ct) "Urban rail transit system" means a system, either publicly or privately owned, which will provide provides transportation by rail in a municipality to the public on a regular and continuing basis and which begins service on or after the effective date of this paragraph .... [LRB inserts date].
20,1564s
Section 1564s. 85.063 (2) and (3) of the statutes are repealed.
20,1565
Section
1565. 85.09 (2) (a) of the statutes is amended to read:
85.09 (2) (a) The department of transportation shall have the first right to acquire, for present or future transportational or recreational purposes, any property used in operating a railroad or railway, including land and rails, ties, switches, trestles, bridges, and the like located on that property, that has been abandoned. The department of transportation may, in connection with abandoned rail property, assign this right to a state agency, the board of regents of the University of Wisconsin System, any county or municipality, or any transit commission. Acquisition by the department of transportation may be by gift, purchase, or condemnation in accordance with the procedure under s. 32.05. In addition to its property management authority under s. 85.15, the department of transportation may, subject to any prior action under s. 13.48 (14) (am) or 16.848 (1), lease and collect rents and fees for any use of rail property pending discharge of the department's duty to convey property that is not necessary for a public purpose. No person owning abandoned rail property, including any person to whom ownership reverts upon abandonment, may convey or dispose of any abandoned rail property without first obtaining a written release from the department of transportation indicating that the first right of acquisition under this subsection will not be exercised or assigned. No railroad or railway may convey any rail property prior to abandonment if the rail property is part of a rail line shown on the railroad's system map as in the process of abandonment, expected to be abandoned, or under study for possible abandonment unless the conveyance or disposal is for the purpose of providing continued rail service under another company or agency. Any conveyance made without obtaining such release is void. The first right of acquisition of the department of transportation under this subsection does not apply to any rail property declared by the department to be abandoned before January 1, 1977. The department of transportation may acquire any abandoned rail property under this section regardless of the date of its abandonment.
20,1566
Section
1566. 85.09 (4) of the statutes is amended to read:
85.09 (4) Acquisition and conveyance. Upon its own initiative, the department may determine at any time whether the rail property is abandoned, and whether it is in the best interest of the state to acquire the rail property. Within 90 days after being requested by any state agency, any railroad or any county or municipality in which the rail property is located, the department shall, subject to sub. (5) (b), make a determination of the abandonment status and, if found to be abandoned, shall determine whether it is in the best interest of the public to acquire the rail property. If it is determined to acquire the rail property or any part or interest therein, the department shall, within 180 days of the determination of its abandoned status, or the interstate commerce commission's final order permitting the abandonment, or the termination of any efforts to negotiate an agreement for continual operation of rail service on the line, whichever occurs last, determine the fair market value of the rail property and acquire the rail property at a price deemed reasonable by the department or make a relocation order under s. 32.05. In making its determination, the department shall consider long-range potential for use of the rail property for restoration of railroad service and for other transportation related purposes. The department shall solicit the opinions of appropriate state agencies, affected counties and municipalities and other interested persons. The department shall give due consideration to an expressed desire by a state agency or an affected county or municipality to acquire, in whole or in part, the rail property under consideration. Subject to any prior action under s. 13.48 (14) (am) or 16.848 (1) and subject to sub. (6), all or part of any interest in abandoned rail property acquired by the department under this section or under s. 66.941 (7), 1975 stats., may be subsequently conveyed to another state agency or a county or municipality for transportational purposes, recreational purposes, scenic purposes or for the purpose of constructing a correctional institution, or to a railroad for continued railroad transportation operations when the railroad has operated on the rail property for 5 years and the department may make such conveyances for such purposes. Any determination of the department under this section that rail property is not abandoned shall not preclude the undertaking of a subsequent investigation and determination concerning the same rail property or any portion thereof. If at any time subsequent to the acquisition of rail property under this section the department determines that the rail property is not suitable for transportational purposes, recreational purposes, scenic purposes or for the purpose of constructing a correctional institution, or that the rail property or any interest therein may be conveyed to any other person on terms which are not inconsistent with the potential use of the rail property for transportational purposes, recreational purposes, scenic purposes or for the purpose of constructing a correctional institution or which yield a benefit, including financial benefits, to the state which outweighs the benefit derived from the rail property if used for transportational purposes, recreational purposes, scenic purposes or for the purpose of constructing a correctional institution, the department may convey the rail property or such interest therein, subject to any prior action under s. 13.48 (14) (am) or 16.848 (1) and subject to sub. (6). The department shall give notice of its intention to make the conveyance, and state and local units of government shall have the first 6 months in which to exercise their opportunity to acquire the rail property or interest therein. The railroad from which the rail property was acquired shall have the next 6 months in which to exercise its opportunity to reacquire the rail property or interest therein.
20,1567
Section
1567. 85.09 (4i) of the statutes is amended to read:
85.09 (4i) Disposal of rail property. The department, subject to any prior action under s. 13.48 (14) (am) or 16.848 (1), shall sell at public or private sale rail property acquired under sub. (4) when the department determines that the rail property is not necessary for a public purpose and, if real property, the real property is not the subject of a petition under s. 16.310 (2). Upon receipt of the full purchase price, the department shall, by appropriate deed or other instrument, transfer the rail property to the purchaser. The funds derived from sales under this subsection shall be deposited in the transportation fund, and the expense incurred by the department in connection with the sale shall be paid from the appropriation under s. 20.395 (2) (bq). This subsection does not apply to real property that is sold under s. 16.848.
20,1568
Section
1568. 85.15 (1) of the statutes is amended to read:
85.15 (1) The Subject to any prior action under s. 13.48 (14) (am) or 16.848 (1), the department may improve, use, maintain or lease any property acquired for highway, airport or any other transportation purpose until the property is actually needed for any such purpose and may permit use of the property for purposes and upon such terms and conditions as the department deems in the public interest.
20,1568m
Section 1568m. 85.19 (1) of the statutes is amended to read:
85.19 (1) Standards. The department, in consultation with the department of natural resources under s. 281.33 (3) (a) 2., shall, by rule, establish standards for the control of soil erosion related to highway and bridge construction that is funded in whole or in part with state or federal funds. At a minimum, the The standards shall require the use of best management practices.
20,1569b
Section 1569b. 85.20 (4m) (a) 6. cm. of the statutes is amended to read:
85.20 (4m) (a) 6. cm. From the appropriation under s. 20.395 (1) (ht), the department shall pay $66,585,600 for aid payable for calendar year 2010, $68,583,200 for aid payable for calendar year 2011, and $61,724,900 for aid payable for calendar year years 2012 to 2014 and $64,193,900 for calendar year 2015 and thereafter, to the eligible applicant that pays the local contribution required under par. (b) 1. for an urban mass transit system that has annual operating expenses of $80,000,000 or more. If the eligible applicant that receives aid under this subd. 6. cm. is served by more than one urban mass transit system, the eligible applicant may allocate the aid between the urban mass transit systems in any manner the eligible applicant considers desirable.
20,1571d
Section 1571d. 85.20 (4m) (a) 6. d. of the statutes is amended to read:
85.20 (4m) (a) 6. d. From the appropriation under s. 20.395 (1) (hu), the department shall pay $17,496,400 for aid payable for calendar year 2010, $18,021,300 for aid payable for calendar year 2011, and $16,219,200 for aid payable for calendar year years 2012 to 2014 and $16,868,000 for calendar year 2015 and thereafter, to the eligible applicant that pays the local contribution required under par. (b) 1. for an urban mass transit system that has annual operating expenses in excess of $20,000,000 but less than $80,000,000. If the eligible applicant that receives aid under this subd. 6. d. is served by more than one urban mass transit system, the eligible applicant may allocate the aid between the urban mass transit systems in any manner the eligible applicant considers desirable.
20,1574
Section
1574. 85.20 (4m) (a) 7. a. of the statutes is amended to read:
85.20 (4m) (a) 7. a. From the appropriation under s. 20.395 (1) (hr), beginning with aid payable for calendar year 2002 and for each calendar year thereafter, the uniform percentage for each eligible applicant served by an urban mass transit system operating within an urbanized area having a population as shown in the 2000 2010 federal decennial census of at least 50,000 or receiving federal mass transit aid for such area, and not specified in subd. 6.
20,1576
Section
1576. 85.20 (4m) (a) 7. b. of the statutes is amended to read:
85.20 (4m) (a) 7. b. For the purpose of making allocations under subd. 7. a., the amounts for aids are $25,099,500 in calendar year 2010, $25,852,500 in calendar year 2011, and $23,267,200 in calendar year
years 2012 and 2013, $23,544,900 in calendar year 2014, and $24,486,700 in calendar year 2015 and thereafter. These amounts, to the extent practicable, shall be used to determine the uniform percentage in the particular calendar year.
20,1577
Section
1577. 85.20 (4m) (a) 8. a. of the statutes is amended to read:
85.20 (4m) (a) 8. a. From the appropriation under s. 20.395 (1) (hs), beginning with aid payable for calendar year 2002 and for each calendar year thereafter, the uniform percentage for each eligible applicant served by an urban mass transit system operating within an area having a population as shown in the 2000 2010 federal decennial census of less than 50,000 or receiving federal mass transit aid for such area.
20,1579
Section
1579. 85.20 (4m) (a) 8. b. of the statutes is amended to read:
85.20 (4m) (a) 8. b. For the purpose of making allocations under subd. 8. a., the amounts for aids are $5,681,600 in calendar year 2010, $5,852,200 in calendar year 2011, and $5,267,000 in calendar year
years 2012 and 2013, $4,989,300 in calendar year 2014, and $5,188,900 in calendar year 2015 and thereafter. These amounts, to the extent practicable, shall be used to determine the uniform percentage in the particular calendar year.
20,1581
Section
1581. 85.63 of the statutes is created to read:
85.63 Surveying reference station system. (1) The department shall administer a surveying reference station system consisting of all of the following:
(a) A passive system consisting of a network of monuments located throughout the state that are used to generate latitude, longitude, and elevation data.
(b) An active surveying reference station system consisting of reference stations statewide that continuously transmit global positioning system data to a system server, and the server that receives and processes the data received from the reference stations.
(2) The department may charge a fee for providing access to the system under sub. (1) in an amount to be established by rule. All fees received under this subsection shall be deposited in the general fund and credited to the appropriation account under s. 20.395 (3) (jg).
20,1581t
Section 1581t. 86.19 (1g) of the statutes is created to read:
86.19 (1g) The department shall erect and maintain 3 directional signs, one viewable from the southbound lane of I 43 near the Highland Avenue and 11th Street exit in Milwaukee County, one viewable from the northbound lane of I 43 near the Michigan Street and 10th Street exit in Milwaukee County, and one viewable from the eastbound lane of I 794 near the James Lovell Street and St. Paul Avenue exit in Milwaukee County, for the Milwaukee Central Library. Each sign shall contain the words "Historic Milwaukee Public Library." The department may not charge any fee related to any sign erected and maintained under this subsection.
20,1581m
Section 1581m. 86.195 (3) (b) 3. of the statutes is amended to read:
86.195 (3) (b) 3. Fifty percent of the sales price, as defined in s. 77.51 (15b), of the business is from the sale of food and food ingredients, as defined in s. 77.51 (3t), that are taxable under subch. III of ch. 77 or that are bakery items produced by the seller; and
20,1581q
Section 1581q. 86.30 (2) (a) 3. of the statutes is amended to read:
86.30 (2) (a) 3. For each mile of road or street under the jurisdiction of a municipality as determined under s. 86.302, the mileage aid payment shall be $2,055 in calendar year 2010 and $2,117 in calendar year 2011
years 2013 and 2014 and $2,202 in calendar year 2015 and thereafter.
20,1581s
Section 1581s. 86.30 (9) (b) of the statutes is amended to read:
86.30 (9) (b) For the purpose of calculating and distributing aids under sub. (2), the amounts for aids to counties are $101,375,500 in calendar year 2010, $104,416,800 in calendar year 2011, and $94,615,600 in calendar year 2012 years 2013 and 2014 and $98,400,200 in calendar year 2015 and thereafter. These amounts, to the extent practicable, shall be used to determine the statewide county average cost-sharing percentage in the particular calendar year.
20,1581u
Section 1581u. 86.30 (9) (c) of the statutes is amended to read:
86.30 (9) (c) For the purpose of calculating and distributing aids under sub. (2), the amounts for aids to municipalities are $318,939,100 in calendar year 2010, $328,507,300 in calendar year 2011, and $308,904,300 in calendar year 2012 years 2013 and 2014 and $321,260,500 in calendar year 2015 and thereafter. These amounts, to the extent practicable, shall be used to determine the statewide municipal average cost-sharing percentage in the particular calendar year.
20,1582
Section
1582. 86.34 (title) of the statutes is amended to read:
86.34 (title) Flood Disaster damage aids.
20,1583
Section
1583. 86.34 (1) of the statutes is renumbered 86.34 (1m), and 86.34 (1m) (a) and (b), as renumbered, are amended to read:
86.34 (1m) (a) When any public highway
, street, alley or bridge not on the state trunk highway system is damaged by flood a disaster, the county highway committee, or the governing body of the municipality having jurisdiction over the maintenance thereof of the highway, may adopt a petition for aid under this section and file a certified copy thereof of the petition with the department. To be eligible for aid the petition shall be filed not later than 2 months after the occurrence of the flood disaster damage, except as provided in par. (b). All such petitions shall state the dates on which the flood disaster damage occurred and as nearly as practical state the location, nature, and extent of the damage.
(b) The department may extend the filing deadline under par. (a) if it appears reasonably likely that federal disaster aid may be forthcoming or when widespread or continuous flooding disaster damage makes an evaluation of flood damage difficult.
20,1584
Section
1584. 86.34 (1g) of the statutes is created to read:
86.34 (1g) In this section:
(a) "Catastrophic highway failure" means the sudden failure of a major element or segment of the highway system due to a cause that is external to a highway, but does not include any failure primarily attributable to gradual and progressive deterioration or lack of proper maintenance of a highway.
(b) "Disaster" means any of the following:
1. A severe storm, flood, fire, tornado, mudslide, or other natural event external to a highway or a catastrophic highway failure.
2. An event or recurring damage caused by any governmental unit or person acting under the direction or approval of, or permit issued by, any governmental unit and in response to an event described in subd. 1.
(c) "Governmental unit" means the state or any state agency, as defined in s. 20.001 (1); any county, city, village, town, or other political subdivision of the state; or the federal government or any of its agencies.
(d) "Highway" means a highway, as defined in s. 340.01 (22), that is not on the state trunk highway system.
20,1585
Section
1585. 86.34 (2) of the statutes is amended to read:
86.34 (2) The department shall make such investigation as it deems necessary and within 6 months from the date of filing the petition shall make its determination as to the granting of aid, the amount thereof, and the conditions under which it is granted. In making its determination the department shall cause an estimate to be made of the cost of repairing or replacing the facilities damaged or destroyed by the flood to standards and efficiency similar to those previously existing immediately before the damage or destruction, and also an estimate of the cost of reconstructing the facilities to a higher type or improving any such facilities if determined to be warranted and advisable. Except as provided in sub. subs. (2m) and (6), the amount of aid payable for damage caused by a disaster described in sub. (1g) (b) 1. shall be three-fourths 75 percent of the cost of repair or replacement to standards similar to those previously existing immediately before the damage or destruction, plus 50% of the increased cost of the reconstruction to a higher type or the improvement of any of the facilities. Except as provided in subs. (2m) and (6), the amount of aid payable for damage caused by a disaster described in sub. (1g) (b) 2. shall be 70 percent of the cost of repair or replacement to standards similar to those existing immediately before the damage or destruction. The department may revise estimates on the basis of additional facts. The county, town, village, or city shall pay the remainder of the cost not allowed as aid, but this shall not invalidate any other provision of the statutes whereby the cost may be shared by the county and the town, village, or city.
20,1586
Section
1586. 86.34 (2m) of the statutes is amended to read:
86.34 (2m) If Subject to sub. (6), if the department's estimate under sub. (2) of the cost of repair or improvement of the facilities determined by the department to be eligible for aid is $15,000 or less, the department shall offer the petitioner an amount of aid equal to 75% of the total amount of the department's estimate for damage caused by a disaster described in sub. (1g) (b) 1. or 70 percent of the total amount of the department's estimate for damage caused by a disaster described in sub. (1g) (b) 2. If the petitioner accepts aid under this subsection, the aid shall be paid to the petitioner or, subject to sub. (5), the county, and no other form of aid is available under this section for the repair or improvement of such facilities.
20,1587
Section
1587. 86.34 (6) of the statutes is created to read:
86.34 (6)
(a) The department may not pay aid under this section in excess of $1,000,000, in connection with disaster damage resulting from a single disaster, unless the payment of aid is approved by the governor
and approved as provided in par. (b) .
(b) If the department proposes to pay aid under this section in excess of $1,000,000, in connection with disaster damage resulting from a single disaster, the department shall notify the joint committee on finance in writing of the proposed payment. If the cochairpersons of the committee do not notify the department that the committee has scheduled a meeting for the purpose of reviewing the proposed payment within 14 working days after the date of the department's notification, the department may consider the proposed payment approved for purposes of par. (a). If, within 14 working days after the date of the department's notification, the cochairpersons of the committee notify the department that the committee has scheduled a meeting for the purpose of reviewing the proposed payment, the proposed payment is not approved for purposes of par. (a) unless it is expressly approved by the committee.
20,1587m
Section 1587m. 86.34 (7) of the statutes is created to read:
86.34 (7) Beginning in the 2nd fiscal year of the 2013-15 fiscal biennium, and in the 2nd fiscal year of each fiscal biennium thereafter, the department shall calculate the amount of aid paid under this section, during the biennium, in excess of $1,000,000, in connection with disaster damage resulting from a single disaster. The amount calculated under this subsection shall be transferred under s. 20.855 (4) (fr) from the general fund to the transportation fund in the 2nd fiscal year of each fiscal biennium.
