Amendment ASA1-AB40

AB40-ASA1,920,25 (b) "Borrow site" means a site off of the transportation project property from which borrow is excavated for use in a transportation project.

AB40-ASA1,921,7 (c) "Material disposal site" means a site off of the transportation project property used for the lawful disposal of surplus materials from a transportation project and that is under the direct control of the transportation project contractor or a transportation project subcontractor. "Material disposal site" does not include a private landfill that is not managed by the transportation project contractor or a transportation project subcontractor or a landfill that is owned or directly controlled by a political subdivision.

AB40-ASA1,921,8 (d) "Political subdivision" means a city, village, town, or county.

AB40-ASA1,921,12 (e) "Transportation project" means a construction or maintenance project directed and supervised by the department that relates to an airport, railroad, highway, bridge, or other transportation facility and that is subject to an agreement under s. 30.2022.

AB40-ASA1,921,15 (2) Exemption from local zoning. No zoning ordinance enacted under s. 59.69, 60.61, 60.62, 61.35, or 62.23 may apply to a borrow site or material disposal site if all of the following apply:

AB40-ASA1,921,17 (a) The owner of the property consents to the establishment of a site on his or her property.

AB40-ASA1,921,20 (b) The department determines that the site is not a commercial establishment that has a fixed place of business from which the establishment regularly supplies processed or manufactured materials or products.

AB40-ASA1,921,22 (c) The transportation project contractor assumes sole responsibility for the operation of the site.

AB40-ASA1,921,24 (d) The site is used solely for the specified transportation project and solely during the period of construction of the specified transportation project.

AB40-ASA1,922,4 (e) The transportation project contractor or a transportation project subcontractor does not crush, screen, wash, blast, or apply another manufacturing process to mineral aggregate from the borrow site, on or off the borrow site, to produce finished aggregate products.

AB40-ASA1,922,5 (g) The transportation project contractor complies with all of the following:

AB40-ASA1,922,7 1. Any applicable noise limit standards for mine and quarry operations established under s. 101.15 (2) (e).

AB40-ASA1,922,10 2. Any applicable restoration requirements for construction site erosion control established under s. 85.19 (1) and any applicable restoration requirements established under an agreement under s. 30.2022.

AB40-ASA1, s. 2246 Section 2246. 85.20 (4m) (a) 6. cm. of the statutes is amended to read:

AB40-ASA1,922,22 85.20 (4m) (a) 6. cm. From the appropriation under s. 20.395 (1) (ht), the department shall pay $63,784,700 for aid payable for calendar year 2008, $65,299,200 for aid payable for calendar year 2009, $66,585,600 for aid payable for calendar year 2010, and $68,583,200 for aid payable for calendar year 2011, and $61,724,900 for aid payable for calendar year 2012 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.

AB40-ASA1, s. 2248 Section 2248. 85.20 (4m) (a) 6. d. of the statutes is amended to read:

AB40-ASA1,923,9 85.20 (4m) (a) 6. d. From the appropriation under s. 20.395 (1) (hu), the department shall pay $16,754,000 for aid payable for calendar year 2008, $17,158,400 for aid payable for calendar year 2009, $17,496,400 for aid payable for calendar year 2010, and $18,021,300 for aid payable for calendar year 2011, and $16,219,200 for aid payable for calendar year 2012 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.

AB40-ASA1, s. 2252 Section 2252. 85.20 (4m) (a) 7. b. of the statutes is amended to read:

AB40-ASA1,923,16 85.20 (4m) (a) 7. b. For the purpose of making allocations under subd. 7. a., the amounts for aids are $24,034,400 in calendar year 2008, $24,614,500 in calendar year 2009, $25,099,500 in calendar year 2010, and $25,852,500 in calendar year 2011, and $23,267,200 in calendar year 2012 and thereafter. These amounts, to the extent practicable, shall be used to determine the uniform percentage in the particular calendar year.

AB40-ASA1, s. 2254 Section 2254. 85.20 (4m) (a) 8. b. of the statutes is amended to read:

AB40-ASA1,923,23 85.20 (4m) (a) 8. b. For the purpose of making allocations under subd. 8. a., the amounts for aids are $5,440,500 in calendar year 2008, $5,571,800 in calendar year 2009, $5,681,600 in calendar year 2010, and $5,852,200 in calendar year 2011, and $5,267,000 in calendar year 2012 and thereafter. These amounts, to the extent practicable, shall be used to determine the uniform percentage in the particular calendar year.

AB40-ASA1, s. 2255m Section 2255m. 85.205 of the statutes is created to read:

AB40-ASA1,923,25 85.205 Paratransit aids. (1) Definitions. In this section:

AB40-ASA1,924,1 (a) "Eligible applicant" has the meaning given in s. 85.20 (1) (b).

AB40-ASA1,924,4 (b) "Paratransit service" means comparable transportation service required by the federal Americans with Disabilities Act for individuals with disabilities who are unable to use fixed route transportation services.

AB40-ASA1,924,5 (c) "Urban mass transit system" has the meaning given in s. 85.20 (1) (L).

AB40-ASA1,924,10 (2) Administration. (a) From the appropriation under s. 20.395 (1) (hq), the department shall provide aid payments to eligible applicants that receive state aid payments under s. 85.20 (4m) and that are served by an urban mass transit system that provides paratransit service to assist those eligible applicants in providing paratransit service.

AB40-ASA1,924,12 (b) In awarding grants under par. (a), the department shall do all of the following:

AB40-ASA1,924,14 1. Maximize the level of paratransit service provided by urban mass transit systems serving eligible applicants.

AB40-ASA1,924,17 2. Give priority to eligible applicants for maintaining paratransit service provided by urban mass transit systems on the effective date of this subdivision .... [LRB inserts date].

AB40-ASA1, s. 2256 Section 2256. 85.25 (2) (c) 1m. b. of the statutes is amended to read:

AB40-ASA1,924,20 85.25 (2) (c) 1m. b. It is currently performing a useful business function as defined in s. 560.036 16.287 (1) (h).

AB40-ASA1, s. 2267x Section 2267x. 86.25 (4) of the statutes is amended to read:

AB40-ASA1,924,23 86.25 (4) Sections 61.54, 62.15 and 66.0901 (1) and (2) to (9) shall not apply to funds provided or agreements made pursuant to this section.

AB40-ASA1, s. 2268 Section 2268. 86.30 (2) (a) 3. of the statutes is amended to read:

AB40-ASA1,925,4 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 $1,956 in calendar year 2008, $2,015 in calendar year 2009, $2,055 in calendar year 2010, and $2,117 in calendar year 2011 and thereafter.

AB40-ASA1, s. 2269 Section 2269. 86.30 (2) (b) 1. of the statutes is amended to read:

AB40-ASA1,925,10 86.30 (2) (b) 1. Except as provided under par. (d) and s. 86.303 (5), no municipality whose aid is determined under par. (a) 2. may receive an increase in its annual transportation aid payment in excess of 15% of its last previous calendar year aid payment or a decrease in its annual transportation aid payment in excess of 5% 10 percent of its last previous calendar year transportation aid payment.

AB40-ASA1, s. 2270 Section 2270. 86.30 (2) (b) 1g. of the statutes is amended to read:

AB40-ASA1,925,15 86.30 (2) (b) 1g. Except as provided under par. (d) and s. 86.303 (5), no municipality whose aid is determined under par. (a) 3. may receive a decrease in its annual transportation aid payment in excess of 5% 10 percent of its last previous calendar year transportation aid payment.

AB40-ASA1, s. 2271 Section 2271. 86.30 (2) (b) 1r. of the statutes is amended to read:

AB40-ASA1,925,21 86.30 (2) (b) 1r. Except as provided under s. 86.303, no county may receive an increase in its annual transportation aid payment in excess of 15% of its last previous calendar year aid payment. Except as provided under par. (dm) and s. 86.303, no county may receive a decrease in its annual transportation aid payment in excess of 2% 10 percent of its last previous calendar year transportation aid payment.

AB40-ASA1, s. 2271m Section 2271m. 86.30 (2) (dr) of the statutes is created to read:

AB40-ASA1,925,25 86.30 (2) (dr) Aid reduction related to outdoor advertising sign condemnation. The department may reduce aids paid to a county or municipality under par. (e) as provided in s. 84.30 (5r) (c).

AB40-ASA1, s. 2272 Section 2272. 86.30 (9) (b) of the statutes is amended to read:

AB40-ASA1,926,7 86.30 (9) (b) For the purpose of calculating and distributing aids under sub. (2), the amounts for aids to counties are $96,492,900 in calendar year 2008, $99,387,700 in calendar year 2009, $101,375,500 in calendar year 2010, and $104,416,800 in calendar year 2011, and $102,615,600 in calendar year 2012 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.

AB40-ASA1, s. 2273 Section 2273. 86.30 (9) (c) of the statutes is amended to read:

AB40-ASA1,926,15 86.30 (9) (c) For the purpose of calculating and distributing aids under sub. (2), the amounts for aids to municipalities are $303,578,100 in calendar year 2008, $312,685,400 in calendar year 2009, $318,939,100 in calendar year 2010, and $328,507,300 in calendar year 2011, and $308,904,300 in calendar year 2012 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.

AB40-ASA1, s. 2278d Section 2278d. 86.31 (2) (a) of the statutes is amended to read:

AB40-ASA1,926,24 86.31 (2) (a) The department shall administer a local roads improvement program to accelerate the improvement of seriously deteriorating local roads by reimbursing political subdivisions for improvements. The selection of improvements that may be funded under the program shall be performed by officials of each political subdivision, consistent with par. (h) and the requirements of subs. (3), (3g), (3m), and (3r). The department shall notify each county highway commissioner of any deadline that affects eligibility for reimbursement under the program no later than 15 days before such deadline.

AB40-ASA1, s. 2278e Section 2278e. 86.31 (2) (b) of the statutes is amended to read:

AB40-ASA1,927,7 86.31 (2) (b) Except as provided in par. (d) (g), improvements for highway construction projects funded under the program shall be under contracts. Such contracts shall be awarded on the basis of competitive bids and shall be awarded to the lowest responsible bidder. If a city or village does not receive a responsible bid for an improvement, the city or village may contract with a county for the improvement. A town may contract with a county for the an improvement subject to the criteria and procedures promulgated as rules under sub. (6) (h).

AB40-ASA1, s. 2278f Section 2278f. 86.31 (2) (d) of the statutes is repealed.

AB40-ASA1, s. 2278g Section 2278g. 86.31 (2) (f) of the statutes is created to read:

AB40-ASA1,927,13 86.31 (2) (f) Notwithstanding par. (d), if a county has prepared a written and sealed estimate of the cost of an improvement in connection with or anticipation of competitive bidding for the award of a contract for the improvement, the county may not itself perform the work on the improvement.

AB40-ASA1, s. 2278h Section 2278h. 86.31 (2) (f) of the statutes, as created by 2011 Wisconsin Act .... (this act), is amended to read:

AB40-ASA1,927,19 86.31 (2) (f) Notwithstanding par. (d), if If a county has prepared a written and sealed estimate of the cost of an improvement in connection with or anticipation of competitive bidding for the award of a contract for the improvement, the county may not itself perform the work on the improvement.

AB40-ASA1, s. 2278i Section 2278i. 86.31 (2) (g) of the statutes is created to read:

AB40-ASA1,927,23 86.31 (2) (g) 1. Except as provided in par. (f), if the cost of an improvement on a county trunk highway is less than $100,000, the county having jurisdiction over the highway may perform the work on the improvement itself.

AB40-ASA1,928,3 2. If the cost of an improvement on a street is less than $100,000, the city or village having jurisdiction over the street may contract with the county in which the street is located to perform the work on the improvement.

AB40-ASA1, s. 2278j Section 2278j. 86.31 (2) (h) of the statutes is created to read:

AB40-ASA1,928,9 86.31 (2) (h) A double seal coat project on a town road may be funded under the program if it has a projected life of at least 10 years, similar projects in the same geographic area have performed satisfactorily, and the county highway commissioner of the county in which the project is located approves the project's eligibility for funding.

AB40-ASA1, s. 2278k Section 2278k. 86.31 (3g) of the statutes is amended to read:

AB40-ASA1,928,18 86.31 (3g) County trunk highway improvements — discretionary grants. From the appropriation under s. 20.395 (2) (ft), the department shall allocate $5,355,000 in fiscal year 2007-08, $5,462,100 in fiscal year 2008-09, and $5,127,000 in fiscal year 2009-10 and in fiscal year 2010-11, and $10,127,000 in fiscal year 2011-12 and each fiscal year thereafter, to fund county trunk highway improvements with eligible costs totaling more than $250,000. The funding of improvements under this subsection is in addition to the allocation of funds for entitlements under sub. (3).

AB40-ASA1, s. 2278m Section 2278m. 86.31 (3m) of the statutes is amended to read:

AB40-ASA1,929,2 86.31 (3m) Town road improvements — discretionary grants. From the appropriation under s. 20.395 (2) (ft), the department shall allocate $765,000 in fiscal year 2007-08, $780,300 in fiscal year 2008-09, and $732,500 in fiscal year 2009-10 and in fiscal year 2010-11, and $5,732,500 in fiscal year 2011-12 and each fiscal year thereafter, to fund town road improvements with eligible costs totaling $100,000 or more. The funding of improvements under this subsection is in addition to the allocation of funds for entitlements under sub. (3).

AB40-ASA1, s. 2278n Section 2278n. 86.31 (6) (g) of the statutes is repealed.

AB40-ASA1, s. 2279 Section 2279. 91.04 (2) (j) of the statutes is amended to read:

AB40-ASA1,929,7 91.04 (2) (j) Rezoning of land out of farmland preservation zoning districts under s. 91.48, including the amounts of conversion fees paid to political subdivisions under s. 91.48 (1) (b).

AB40-ASA1, s. 2280 Section 2280. 91.48 (1) (intro.) of the statutes is amended to read:

AB40-ASA1,929,12 91.48 (1) (intro.) A political subdivision with a certified farmland preservation zoning ordinance may rezone land out of a farmland preservation zoning district without having the rezoning certified under s. 91.36, if all of the following apply the political subdivision finds all of the following, after public hearing:

AB40-ASA1, s. 2281 Section 2281. 91.48 (1) (a) (intro.) of the statutes is repealed.

AB40-ASA1, s. 2282 Section 2282. 91.48 (1) (a) 1. to 4. of the statutes are renumbered 91.48 (1) (a) to (d).

AB40-ASA1, s. 2283 Section 2283. 91.48 (1) (b) of the statutes is repealed.

AB40-ASA1, s. 2284 Section 2284. 91.48 (2) (intro.) and (a) of the statutes are consolidated, renumbered 91.48 (2) and amended to read:

AB40-ASA1,929,23 91.48 (2) A political subdivision shall by March of 1 of each year provide all of the following to the department: (a) A a report of the number of acres that the political subdivision has rezoned out of a farmland preservation zoning district under sub. (1) during the previous year and a map that clearly shows the location of those acres.

AB40-ASA1, s. 2285 Section 2285. 91.48 (2) (b) and (c) of the statutes are repealed.

AB40-ASA1, s. 2286 Section 2286. 91.48 (3) of the statutes is amended to read:

AB40-ASA1,930,3 91.48 (3) A political subdivision that is not a county shall by March 1 of each year submit a copy of the information that it reports to the department under sub. (2) (a) and (b) to the county in which the political subdivision is located.

AB40-ASA1, s. 2287 Section 2287. 91.49 of the statutes is repealed.

AB40-ASA1, s. 2292 Section 2292. 92.07 (15) of the statutes is amended to read:

AB40-ASA1,930,10 92.07 (15) Administration and enforcement of ordinances. A land conservation committee may, if authorized by the county board, administer and enforce those provisions of an ordinance enacted under s. 101.65 (1) (a) related to construction site erosion, a zoning ordinance enacted under s. 59.693 or an ordinance enacted under authority granted under s. 281.33 (3m) 101.1206.

AB40-ASA1, s. 2293 Section 2293. 93.07 (3) of the statutes is amended to read:

AB40-ASA1,930,23 93.07 (3) Promotion of agriculture. To promote the interests of agriculture, dairying, horticulture, manufacturing, commercial fishing and the domestic arts and to advertise Wisconsin and its dairy, food, and agricultural products by conducting campaigns of education throughout the United States and in foreign markets. Such campaigns shall include the distribution of educational and advertising material concerning Wisconsin and its plant, animal, food, and dairy products. The department shall coordinate efforts by the state to advertise and promote agricultural products of this state, with the department of commerce Wisconsin Economic Development Corporation where appropriate. The department shall submit its request and plan for market development program expenditures for each biennium with its biennial budget request. The plan shall include the identification and priority of expenditures for each market development program activity.

AB40-ASA1, s. 2294 Section 2294. 93.07 (18) (b) (intro.) of the statutes is amended to read:

AB40-ASA1,931,4 93.07 (18) (b) (intro.) In consultation with the department of commerce Wisconsin Economic Development Corporation, to do all of the following for each economic development program administered by the department of agriculture, trade and consumer protection:

AB40-ASA1, s. 2295 Section 2295. 93.07 (20) (title) of the statutes is amended to read:

AB40-ASA1,931,7 93.07 (20) (title) Economic development assistance coordination and reporting.

AB40-ASA1, s. 2296 Section 2296. 93.07 (20) of the statutes is renumbered 93.07 (20) (b) and amended to read: