Amendment ASA1-AB402

AB402-ASA1,27,3 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.

AB402-ASA1,27,7 (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.

AB402-ASA1,27,11 (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.

AB402-ASA1, s. 50 Section 50. 84.013 (3) (ye) of the statutes is amended to read:

AB402-ASA1,27,14 84.013 (3) (ye) USH 10 between Appleton and Marshfield, in Winnebago, Outagamie, Waupaca, Portage and Wood counties.

AB402-ASA1, s. 51 Section 51. 84.06 (1) of the statutes is amended to read:

AB402-ASA1,27,20 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.

AB402-ASA1,28,2 (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.

AB402-ASA1, s. 52 Section 52. 84.076 (5) of the statutes is amended to read:

AB402-ASA1,28,5 84.076 (5) Sunset. This section does not apply after June 30, 1995 September 30, 1997.

AB402-ASA1, s. 53 Section 53. 84.078 (1) (a) of the statutes is renumbered 84.078 (1) (bm).

AB402-ASA1, s. 54 Section 54. 84.078 (1) (am) of the statutes is created to read:

AB402-ASA1,28,10 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.

AB402-ASA1, s. 55 Section 55. 84.078 (1) (ar) of the statutes is created to read:

AB402-ASA1,28,12 84.078 (1) (ar) "Highway improvement" has the meaning given in s. 84.06 (1).

AB402-ASA1, s. 56 Section 56. 84.078 (1) (b) of the statutes is repealed.

AB402-ASA1, s. 57 Section 57. 84.078 (2) of the statutes is amended to read:

AB402-ASA1,28,22 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.

AB402-ASA1, s. 58 Section 58. 84.078 (3) of the statutes is created to read:

AB402-ASA1,29,2 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:

AB402-ASA1,29,6 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.

AB402-ASA1,29,11 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 state requirements.

AB402-ASA1,29,17 (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:

AB402-ASA1,29,19 1. Statutes or rules are amended that would impose greater responsibilities on the department of transportation.

AB402-ASA1,29,23 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.

AB402-ASA1,30,5 (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.

AB402-ASA1,30,9 (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.

AB402-ASA1,30,13 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.

AB402-ASA1, s. 59 Section 59. 84.59 (6) of the statutes is amended to read:

AB402-ASA1,30,22 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 $1,055,952,500 in principal amount, excluding obligations issued to refund outstanding revenue obligations. Not more than $841,634,000 $1,013,072,300 of the $950,834,000 $1,055,952,500 may be used for transportation facilities under s. 84.01 (28) and major highway projects under ss. 84.06 and 84.09.

AB402-ASA1, s. 60 Section 60. 84.61 of the statutes is created to read:

AB402-ASA1,31,5 84.61 Milwaukee Brewers stadium project; East-West Freeway. (1) There is established in the transportation fund a reserve account consisting of $26,100,000 for the purpose of funding state highway rehabilitation associated with the construction of a new stadium to be used by the Milwaukee Brewers, a professional baseball team located in Milwaukee County, or construction activities relating to highway resurfacing or bridge repair on the East-West Freeway from downtown Milwaukee to Waukesha.

AB402-ASA1,31,10 (2) Notwithstanding s. 13.101 (3) (a), the joint committee on finance may supplement, from the appropriation under s. 20.865 (4) (u), by an amount not to exceed $26,100,000, the appropriation under s. 20.395 (3) (cq), for any of the purposes specified in sub. (1). The reserve account established under sub. (1) shall be reduced by the amount of any supplemental appropriation made under this subsection.

AB402-ASA1,31,11 (3) This section does not apply after June 30, 1999.

AB402-ASA1, s. 61 Section 61. 85.022 (1) (m) of the statutes is repealed.

AB402-ASA1, s. 62 Section 62. 85.022 (2) of the statutes is created to read:

AB402-ASA1,31,17 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.

AB402-ASA1,31,19 (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.

AB402-ASA1,31,22 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.

AB402-ASA1, s. 63 Section 63. 85.026 of the statutes is created to read:

AB402-ASA1,32,3 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.

AB402-ASA1, s. 64 Section 64. 85.061 (3) of the statutes is amended to read:

AB402-ASA1,32,18 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.

AB402-ASA1, s. 65 Section 65. 85.08 (4m) (e) 1. of the statutes is amended to read:

AB402-ASA1,33,3 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).

AB402-ASA1, s. 66 Section 66. 85.085 (1) of the statutes is renumbered 85.085 (1m).

AB402-ASA1, s. 67 Section 67. 85.085 (1b) of the statutes is created to read:

AB402-ASA1,33,9 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.

AB402-ASA1, s. 68 Section 68. 85.085 (3) of the statutes is amended to read:

AB402-ASA1,33,16 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.

AB402-ASA1, s. 69 Section 69. 85.20 (4m) (a) of the statutes is renumbered 85.20 (4m) (a) (intro.) and amended to read:

AB402-ASA1,33,25 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:

AB402-ASA1, s. 70 Section 70. 85.20 (4m) (a) 1. to 3. of the statutes are created to read:

AB402-ASA1,34,4 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.

AB402-ASA1,34,9 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.

AB402-ASA1,34,13 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.

AB402-ASA1, s. 71 Section 71. 85.20 (4m) (am) of the statutes is repealed.

AB402-ASA1, s. 72 Section 72. 85.20 (4m) (e) of the statutes is repealed.

AB402-ASA1, s. 73 Section 73. 85.20 (4m) (em) 1. of the statutes is amended to read:

AB402-ASA1,34,19 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.

AB402-ASA1, s. 74 Section 74. 85.20 (4s) of the statutes is amended to read:

AB402-ASA1,34,25 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).

AB402-ASA1, s. 75 Section 75. 85.20 (7) of the statutes is created to read:

AB402-ASA1,35,8 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:

AB402-ASA1,35,9 1. Exclude those costs from operating expenses for purposes of sub. (4m).

AB402-ASA1,35,10 2. Reduce the amount of state aid allocation under sub. (4m) (a).

AB402-ASA1,35,12 (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.

AB402-ASA1, s. 76 Section 76. 85.24 (3) (d) (intro.) of the statutes is amended to read:

AB402-ASA1,35,22 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:

AB402-ASA1, s. 77 Section 77. 85.243 (title) of the statutes is amended to read:

AB402-ASA1,35,25 85.243 (title) Surface transportation discretionary grants projects program.

AB402-ASA1, s. 78 Section 78. 85.243 (2) (a) of the statutes is amended to read:

AB402-ASA1,36,12 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.

AB402-ASA1, s. 79 Section 79. 85.243 (2) (b) 5. of the statutes is created to read:

AB402-ASA1,36,14 85.243 (2) (b) 5. To conduct a project.

AB402-ASA1, s. 80 Section 80. 85.26 (2) (a) of the statutes is renumbered 85.26 (2) (a) (intro.) and amended to read:

AB402-ASA1,36,19 85.26 (2) (a) (intro.) "Eligible applicant" means a an applicant that provides employment, training or job placement services in a county with a population of 500,000 or more and which is one of the following:

AB402-ASA1,36,20 1. A local public body or a private organization , which is located in the county.

AB402-ASA1, s. 81 Section 81. 85.26 (2) (a) 2. of the statutes is created to read:

AB402-ASA1,36,22 85.26 (2) (a) 2. Two or more state agencies coordinating such services.

AB402-ASA1, s. 82 Section 82. 85.50 of the statutes is repealed.

AB402-ASA1, s. 83 Section 83. 86.30 (2) (a) 3. d. of the statutes is amended to read:

AB402-ASA1,36,25 86.30 (2) (a) 3. d. In calendar year 1995 and thereafter, $1,350.

AB402-ASA1, s. 84 Section 84. 86.30 (2) (a) 3. c. of the statutes is repealed.

AB402-ASA1, s. 85 Section 85. 86.30 (2) (a) 3. e. of the statutes is created to read:

AB402-ASA1,37,3 86.30 (2) (a) 3. e. In calendar year 1996, $1,415.

AB402-ASA1, s. 86 Section 86. 86.30 (2) (a) 3. f. of the statutes is created to read:

AB402-ASA1,37,5 86.30 (2) (a) 3. f. In calendar year 1997 and thereafter, $1,480.

AB402-ASA1, s. 87 Section 87. 86.30 (9) of the statutes is amended to read: