Amendment AA26-ASA1-AB150

AB150-ASA1-AA26,124,18 84.01 (30) Environmental clean-up activities. From the appropriation under s. 20.395 (3) (aq), the department may fund environmental clean-up activities on lands acquired by the department that are not eligible to receive funding for such activities as part of a highway improvement project. Nothing in this subsection relieves a person from any responsibility to reimburse the department for any costs incurred by the department under this subsection.

AB150-ASA1-AA26, s. 3516m Section 3516m. 84.013 (2) (c) of the statutes is created to read:

AB150-ASA1-AA26,124,22 84.013 (2) (c) The department shall give priority to the completion of the major highway project authorized in sub. (3) (vL) in programming the expenditure of funds for major highway projects.

AB150-ASA1-AA26, s. 3516r Section 3516r. 84.013 (3) (kb) to (km) of the statutes are created to read:

AB150-ASA1-AA26,125,3 84.013 (3) (kb) USH 151 extending approximately 18.2 miles between USH 151 west of Belmont and STH 23 south of Dodgeville, designated as the Belmont to Dodgeville project, in Lafayette and Iowa counties.

AB150-ASA1-AA26,125,7 (kg) STH 16 and STH 16/67 extending approximately 7.4 miles from the junction of STH 16 with the Rock River to the STH 16/67 interchange east of Oconomowoc, designated as the Oconomowoc bypass, in Jefferson and Waukesha counties.

AB150-ASA1-AA26,125,11 (km) USH 53 extending approximately 7.5 miles between USH 53 south of the USH 53/STH 93 interchange in Eau Claire and the USH 53/STH 124 interchange south of Chippewa Falls, designated as the Eau Claire freeway, in Eau Claire and Chippewa counties.

AB150-ASA1-AA26, s. 3517c Section 3517c. 84.013 (3) (ye) of the statutes is amended to read:

AB150-ASA1-AA26,125,14 84.013 (3) (ye) USH 10 between Appleton and Marshfield, in Winnebago, Outagamie, Waupaca, Portage and Wood counties.

AB150-ASA1-AA26, s. 3517m Section 3517m. 84.06 (1) of the statutes is amended to read:

AB150-ASA1-AA26,125,20 84.06 (1) (title) Definitions, plans. "Improvement" In this section, "improvement" or "highway improvement" as used in this section includes construction, reconstruction and the activities, operations and processes incidental to building, fabricating or bettering a highway, public mass transportation system or street, but not maintenance.

AB150-ASA1-AA26,126,2 (1m) (title) Plans. The department may prepare plans, estimates and specifications and undertake and perform all surveys, investigations and engineering work for any highway improvement within its jurisdiction. When provision has been made for the necessary funds for any such highway improvement and, if federal aid is to be utilized, when the project has been approved by the proper federal authorities, the department may proceed as provided in this section, with due regard to any applicable federal requirement or regulation.".

AB150-ASA1-AA26,126,3 462. Page 1206, line 15: after that line insert:

AB150-ASA1-AA26,126,4 " Section 3519jc. 84.076 (5) of the statutes is amended to read:

AB150-ASA1-AA26,126,6 84.076 (5) Sunset. This section does not apply after June 30, 1995 September 30, 1997.

AB150-ASA1-AA26, s. 3519je Section 3519je. 84.078 (1) (a) of the statutes is renumbered 84.078 (1) (bm).

AB150-ASA1-AA26, s. 3519jg Section 3519jg. 84.078 (1) (am) of the statutes is created to read:

AB150-ASA1-AA26,126,11 84.078 (1) (am) "High-volume industrial waste" means fly ash, bottom ash, paper mill sludge or foundry process waste, or any other waste with similar characteristics specified by the department of natural resources by rule.

AB150-ASA1-AA26, s. 3519jm Section 3519jm. 84.078 (1) (ar) of the statutes is created to read:

AB150-ASA1-AA26,126,13 84.078 (1) (ar) "Highway improvement" has the meaning given in s. 84.06 (1).

AB150-ASA1-AA26, s. 3519jp Section 3519jp. 84.078 (1) (b) of the statutes is repealed.

AB150-ASA1-AA26, s. 3519jr Section 3519jr. 84.078 (2) of the statutes is amended to read:

AB150-ASA1-AA26,126,23 84.078 (2) The department shall use or encourage the use of the maximum possible amount of recovered material, including ash from industrial or utility boilers, foundry sand, glass, paper mill sludge, wastepaper, pavement and rubber recovered from waste tires high-volume industrial waste as surfacing material, structural material, landscaping material and fill for all highway improvements, as defined under s. 84.06 (1), consistent with standard engineering practices. The department shall specify the proportion of recovered material that may be used in various types of highway improvements.

AB150-ASA1-AA26, s. 3519jt Section 3519jt. 84.078 (3) of the statutes is created to read:

AB150-ASA1-AA26,127,4 84.078 (3) (a) Notwithstanding chs. 144, 147 and 160, no person is required to take or pay for any remedial or corrective action as a result of environmental pollution resulting from the use of high-volume industrial waste in a highway improvement project if all of the following apply:

AB150-ASA1-AA26,127,8 1. The high-volume industrial waste is incorporated into the highway improvement in accordance with the policies, guidelines and rules applicable to the highway improvement at the time of the design of the improvement and at the time of certification under subd. 2.

AB150-ASA1-AA26,127,14 2. The department of natural resources certifies to the department of transportation, before the time that the department of transportation advertises for bids for the improvement, that the high-volume industrial waste intended to be used and the design for the use of the high-volume industrial waste comply with all applicable state requirements or standards administered by the department of natural resources.

AB150-ASA1-AA26,127,20 (b) The exemption under par. (a) extends to the transportation of high-volume industrial waste to or from the site of a highway improvement and to the storage of high-volume industrial waste at the site of a highway improvement. The exemption provided under par. (a) continues to apply after the date of certification by the department of natural resources under par. (a) 2., notwithstanding the occurrence of any of the following:

AB150-ASA1-AA26,127,22 1. Statutes or rules are amended that would impose greater responsibilities on the department of transportation.

AB150-ASA1-AA26,128,2 2. Alterations due to construction, maintenance, utility installation or other activities by the department of transportation or approved by the department of transportation after the completion of the highway improvement affect the high-volume industrial waste at the site of the highway improvement.

AB150-ASA1-AA26,128,9 (c) The department of transportation and the department of natural resources may enter into agreements establishing standard lists of high-volume industrial waste that may be used in highway improvements and designs for the use of high-volume industrial waste in highway improvements that comply with rules of the department of natural resources applicable at the time of the design of the highway improvement in order to simplify certification under par. (a) 2. to the greatest extent possible.

AB150-ASA1-AA26,128,13 (d) 1. No state agency may commence an action or proceeding under federal or state law to require remedial action or to recover the costs of remedying environmental pollution related to the use of high-volume industrial waste in a highway improvement certified under par. (a) 2.

AB150-ASA1-AA26,128,17 2. No person may commence an action under state law to require remedial action or to recover the costs of remedying environmental pollution related to the use of high-volume industrial waste in a highway improvement certified under par. (a) 2.".

AB150-ASA1-AA26,128,19 463. Page 1206, line 16: delete the material beginning with that line and ending with page 1208, line 4.

AB150-ASA1-AA26,128,20 464. Page 1208, line 10: after that line insert:

AB150-ASA1-AA26,128,21 " Section 3523g. 84.59 (6) of the statutes is amended to read:

AB150-ASA1-AA26,129,5 84.59 (6) Revenue obligations may be contracted by the building commission 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. Revenue obligations issued under this section shall not exceed $950,834,000 $1,089,701,500 in principal amount, excluding obligations issued to refund outstanding revenue obligations. Not more than $841,634,000 $1,046,821,300 of the $950,834,000 $1,089,701,500 may be used for transportation facilities under s. 84.01 (28) and major highway projects under ss. 84.06 and 84.09.

AB150-ASA1-AA26, s. 3524g Section 3524g. 85.012 of the statutes is created to read:

AB150-ASA1-AA26,129,12 85.012 Plans and programs exempt from consideration of environmental impacts. A plan or program under the jurisdiction of the department is not a major action significantly affecting the quality of the human environment under s. 1.11 (2). For purposes of this section, a plan or program of the department does not include a transportation project under the jurisdiction of the department.".

AB150-ASA1-AA26,129,13 465. Page 1208, line 16: after that line insert:

AB150-ASA1-AA26,129,14 " Section 3524pe. 85.022 (1) (m) of the statutes is repealed.

AB150-ASA1-AA26, s. 3524pg Section 3524pg. 85.022 (2) of the statutes is created to read:

AB150-ASA1-AA26,129,19 85.022 (2) (a) The department shall allocate $250,000 in each fiscal year of the 1995-97 biennium from the appropriation under s. 20.395 (2) (hq) for a study of high-speed rail service in the southern transportation corridor between this state and the state of Minnesota.

AB150-ASA1-AA26,129,21 (b) 1. Except as provided in subd. 2., funds may be expended under par. (a) only to match funds, at the ratio of one-to-one from the state of Minnesota for the study.

AB150-ASA1-AA26,129,24 2. No funds may be expended under par. (a) unless the federal government contributes funds for a study under par. (a) in an amount equal to the total amount of funds from this state and the state of Minnesota for the study.

AB150-ASA1-AA26, s. 3524pj Section 3524pj. 85.026 of the statutes is created to read:

AB150-ASA1-AA26,130,4 85.026 Urban rail transit system studies. Notwithstanding any other provision of this chapter, the department may not expend any moneys for the study of an urban rail transit system, including any light rail transit system.

AB150-ASA1-AA26, s. 3524pm Section 3524pm. 85.061 (3) of the statutes is amended to read:

AB150-ASA1-AA26,130,19 85.061 (3) Program. The department shall administer a rail passenger route development program. From the appropriation under s. 20.866 (2) (up), the department may fund capital costs related to Amtrak service extension routes or other rail service routes between the cities of Milwaukee and Madison and between the cities of Milwaukee and Green Bay. The extension of the Any route between the cities of Milwaukee and Green Bay funded under the program shall provide service to population centers along the route in a manner that makes the route most economically feasible. The department may not use any proceeds from the bond issue authorized under s. 20.866 (2) (up) for the extension of a route under this subsection unless the department submits evidence to the joint committee on finance that Amtrak or the applicable railroad has agreed to provide rail passenger service on that extension route and the joint committee on finance approves the use of the proceeds. The department may contract with Amtrak, railroads or other persons to perform the activities under this subsection.

AB150-ASA1-AA26, s. 3524pr Section 3524pr. 85.08 (4m) (e) 1. of the statutes is amended to read:

AB150-ASA1-AA26,131,4 85.08 (4m) (e) 1. Upon the request of an eligible applicant, the department may negotiate and enter into a loan agreement with the eligible applicant for purposes of rehabilitating a rail line or to finance an economic development and transportation efficiency project, including a project designed to promote safety or the viability of a statewide system of freight rail service, to assist intermodal freight movement or to provide industry access to a rail line. A loan made under this paragraph shall finance a project that confers a public benefit or enhances economic development in this state. Loans made under this paragraph shall be paid from the appropriation under s. 20.395 (2) (bt), (bu), (bw) or (bx).

AB150-ASA1-AA26, s. 3524pt Section 3524pt. 85.085 (1) of the statutes is renumbered 85.085 (1m).

AB150-ASA1-AA26, s. 3524pv Section 3524pv. 85.085 (1b) of the statutes is created to read:

AB150-ASA1-AA26,131,10 85.085 (1b) In this section, "rehabilitated" means a significant rebuilding of railroad track that restores severely deteriorated track to a minimum service standard or, for track that is at or above a minimum service standard, that increases the service standard of the track.

AB150-ASA1-AA26, s. 3524px Section 3524px. 85.085 (3) of the statutes is amended to read:

AB150-ASA1-AA26,131,17 85.085 (3) The department shall not make any payment under this section unless the applicable private road crossing permit provides that the rail transit commission shall, at the user's sole cost and expense, maintain, repair and renew the private road crossing. "Maintain, repair and renew" does not include any rebuilding of a private road crossing that is required because the applicable tracks have been rehabilitated.".

AB150-ASA1-AA26,131,19 466. Page 1208, line 23: delete the material beginning with that line and ending with page 1211, line 12.

AB150-ASA1-AA26,131,20 467. Page 1209, line 9: after that line insert:

AB150-ASA1-AA26,131,21 " Section 3526fg. 85.145 of the statutes is created to read:

AB150-ASA1-AA26,132,2 85.145 Television and video services. The department shall use other publicly owned television or video production facilities to the maximum extent possible before contracting with any private entity to provide any television or video services to the department.

AB150-ASA1-AA26, s. 3526fm Section 3526fm. 85.19 (1) of the statutes is amended to read:

AB150-ASA1-AA26,132,11 85.19 (1) Standards. The department, in consultation with the department of natural resources, 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 standards shall require the use of best management practices No standard established under this section applicable to the construction, rehabilitation or improvement of any highway may be more stringent than the standards required under federal law. In this subsection, "highway" has the meaning given in s. 340.01 (22).

AB150-ASA1-AA26, s. 3526ft Section 3526ft. 85.20 (4m) (a) of the statutes is renumbered 85.20 (4m) (a) (intro.) and amended to read:

AB150-ASA1-AA26,132,20 85.20 (4m) (a) (intro.) From the amounts appropriated under s. 20.395 (1) (bq), an amount equal to 42% of the projected operating expenses of each eligible applicant's urban mass transit system An amount shall be allocated to each eligible applicant. to ensure that the sum of state and federal aids for the projected operating expenses of each eligible applicant's urban mass transit system is equal to a uniform percentage, established by the department, of the projected operating expenses of the mass transit system. The department shall make allocations as follows:

AB150-ASA1-AA26, s. 3526fw Section 3526fw. 85.20 (4m) (a) 1. to 3. of the statutes are created to read:

AB150-ASA1-AA26,132,24 85.20 (4m) (a) 1. From the appropriation under s. 20.395 (1) (bq), the uniform percentage for an urban mass transit system operating within an urban area having a population as shown in the 1990 federal decennial census of less than 50,000.

AB150-ASA1-AA26,133,5 2. From the appropriation under s. 20.395 (1) (bs), the uniform percentage for an urban mass transit system operating within an urban area having a population as shown in the 1990 federal decennial census of at least 50,000 but not more than 200,000 and meeting the federal definition of urbanized area for the purpose of federal mass transit aid.

AB150-ASA1-AA26,133,9 3. From the appropriation under s. 20.395 (1) (bu), the uniform percentage for an urban mass transit system operating within an urban area having a population as shown in the 1990 federal decennial census of more than 200,000 and meeting the federal definition of urbanized area for the purpose of federal mass transit aid.

AB150-ASA1-AA26, s. 3526ge Section 3526ge. 85.20 (4m) (am) of the statutes is repealed.

AB150-ASA1-AA26, s. 3526gg Section 3526gg. 85.20 (4m) (e) of the statutes is repealed.

AB150-ASA1-AA26, s. 3526gm Section 3526gm. 85.20 (4m) (em) 1. of the statutes is amended to read:

AB150-ASA1-AA26,133,15 85.20 (4m) (em) 1. An amount equal to 42% the same percentage of the audited operating expenses for the project year of the applicant's urban mass transit system that is specified for allocations to the applicant under par. (a) 1. to 3.

AB150-ASA1-AA26, s. 3526gt Section 3526gt. 85.20 (4s) of the statutes is amended to read:

AB150-ASA1-AA26,133,21 85.20 (4s) Payment of aids under the contract. The contracts executed between the department and eligible applicants under this section shall provide that the payment of the state aid allocation under sub. (4m) (a) for the last quarter of the state's fiscal year shall be provided from the following fiscal year's appropriation under s. 20.395 (1) (bq), (bs) or (bu).

AB150-ASA1-AA26, s. 3526he Section 3526he. 85.20 (7) of the statutes is created to read:

AB150-ASA1-AA26,134,4 85.20 (7) Cost-efficiency standards. (a) The department shall establish cost-efficiency standards for the urban mass transit system specified in sub. (4m) (a) 1. to 3. The contracts executed between the department and eligible applicants under this section for any period beginning on or after January 1, 1997, shall provide that the department may do any of the following if costs are incurred by the eligible applicant's urban mass transit system which are inconsistent with the standards established under this subsection:

AB150-ASA1-AA26,134,5 1. Exclude those costs from operating expenses for purposes of sub. (4m).

AB150-ASA1-AA26,134,6 2. Reduce the amount of state aid allocation under sub. (4m) (a).

AB150-ASA1-AA26,134,8 (b) The department shall specify by rule the cost-efficiency standards under this subsection, including rules for the implementation of par. (a) 1. and 2.

AB150-ASA1-AA26, s. 3526hg Section 3526hg. 85.24 (3) (d) (intro.) of the statutes is amended to read:

AB150-ASA1-AA26,134,18 85.24 (3) (d) (intro.) The department may award grants from the appropriation under s. 20.395 (1) (bs) (ds) to public and private organizations for the development and implementation of demand management and ride-sharing programs. As a condition of obtaining a grant under this paragraph, a public or private organization may be required to provide matching funds at any percentage. The department shall give priority in the awarding of grants to those programs that provide the greatest reduction in automobile trips, especially during peak hours of traffic congestion. The department shall have all powers necessary and convenient to implement this paragraph, including the following powers:

AB150-ASA1-AA26, s. 3526hj Section 3526hj. 85.243 (title) of the statutes is amended to read:

AB150-ASA1-AA26,134,21 85.243 (title) Surface transportation discretionary grants projects program.

AB150-ASA1-AA26, s. 3526hm Section 3526hm. 85.243 (2) (a) of the statutes is amended to read:

AB150-ASA1-AA26,135,8 85.243 (2) (a) The department shall administer a surface transportation discretionary grants projects program to promote the development and implementation of surface transportation projects that foster the diverse transportation needs of the people of this state. Annually, the department may make grants to eligible applicants and other state agencies for surface transportation projects that promote nonhighway use or that otherwise supplement existing transportation activities. A grant may not exceed 80% of the total cost of a project. The department shall give priority to funding projects that foster alternatives to single-occupancy automobile trips. In deciding whether to award a grant under this section, the department may consider whether other funding sources are available for the proposed project.

AB150-ASA1-AA26, s. 3526hr Section 3526hr. 85.243 (2) (b) 5. of the statutes is created to read:

AB150-ASA1-AA26,135,10 85.243 (2) (b) 5. To conduct a project.".

AB150-ASA1-AA26,135,12 468. Page 1209, line 10: after "statutes" insert ", as affected by 1995 Wisconsin Act .... (this act),".

AB150-ASA1-AA26,135,13 469. Page 1209, line 10: after that line insert: