AB454: Bill Text

LRB-3135/1

ZDW/EVM/ARG:wlj&cjs

2015 - 2016 LEGISLATURE

2015 Assembly BILL 454

October 23, 2015 - Introduced by Representatives Ripp, Ballweg, Weatherston and Murphy, cosponsored by Senator Petrowski. Referred to Committee on Transportation.

AB454,1,2 An Act relating to: modifying and repealing various rules promulgated by the Department of Transportation.

Analysis by the Legislative Reference Bureau

This bill makes minor and technical changes to rules promulgated by the Department of Transportation (DOT), including correcting obsolete references and references to defunct programs and updating or repealing provisions that are inconsistent with current statutes and federal rules or that were promulgated based on statutes that have since been amended or repealed. The bill also make several substantive changes to various rules promulgated by DOT, including the following:

1. DOT's current rules include provisions implementing the Wisconsin Environmental Policy Act. These rules include provisions that, among other things, establish criteria and procedures relating to environmental assessments, environmental impact statements, environmental reports, and categorical exclusions relating to DOT actions that may affect the quality of the human environment. Many of these rules reference provisions of the National Environmental Policy Act. This bill makes various changes to rules relating to the environmental review process and environmental documentation for transportation projects, including 1) removing examples of specific actions for which an environmental assessment or environmental report is or is not required; 2) standardizing and clarifying content requirements for certain environmental documentation; 3) modifying certain provisions relating to notice and hearing on proposed actions; 4) adding provisions relating to revision of final action documents, including environmental reports and records of decision; 5) modernizing references to federal law; and 6) eliminating or adding notes and making other minor and technical changes.

2. The bill changes the methodology by which the department evaluates major highway projects.

3. The bill allows certain recreational vehicle dealers that do not have a permanent facility in the state to display and sell recreational vehicles at certain temporary rally or show sites.

4. The bill authorizes an alternate design for handicapped parking signs displayed in parking lots.

5. The bill eliminates a continuity-of-service requirement for motor vehicle rental companies.

6. The bill authorizes the use of electronic signatures on applications for special identification cards that afford certain parking privileges for persons with a disability that limits or impairs the ability to walk.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB454,1 Section 1. Trans 28.04 (2) of the administrative code is amended to read:

AB454,2,11 Trans 28.04 (2) Eligible projects shall be located only in Great Lakes or Mississippi River system harbors where vessels take on or discharge a combined total of more than 1,000 tons of commercial cargo per year; where commercial, naval or recreational vessels are built; where passenger or vehicle-carrying ferry service connects the Wisconsin communities along the Great Lakes and Mississippi River, or connects the Wisconsin mainland with other states, Canadian provinces or populated islands in Wisconsin or where commercial fishing vessels unload fish. The U.S. army corps of engineers' Army Corps of Engineers' annual tonnage figures shall be the basis for the tonnage determination; where tonnage figures are not available, the eligible applicant shall provide tonnage figures based on auditable records.

AB454,2 Section 2. Trans 28.06 (1) of the administrative code is amended to read:

AB454,3,8 Trans 28.06 (1) The department shall annually establish deadlines for filing harbor assistance project applications and shall give appropriate notice of the deadlines. Notice shall be by regular or electronic mail, sent to every eligible applicant that has met the planning requirements under s. Trans 28.10. The department shall issue notice of the grant awards within 180 days after an application deadline. No grant funds may be committed to an eligible applicant until a grant agreement is negotiated and signed by the department and the eligible applicant.

AB454,3 Section 3. Trans 28.07 (2) of the administrative code is amended to read:

AB454,3,12 Trans 28.07 (2) For projects funded in part by the U.S. army corps of engineers Army Corps of Engineers, the state share may not exceed 50% of the non-federal nonfederal share of the project costs.

AB454,4 Section 4. Trans 28.07 (3) of the administrative code is amended to read:

AB454,3,18 Trans 28.07 (3) For projects with federal funding, other than those projects funded in part by the U.S. army corps of engineers Army Corps of Engineers as described in sub. (2), the state share may not exceed 80% of the non-federal nonfederal share of project costs; furthermore, the minimum eligible applicant share shall be no less than 10% of project costs.

AB454,5 Section 5. Trans 28.09 (4) of the administrative code is amended to read:

AB454,3,25 Trans 28.09 (4) The eligible applicant shall submit an application to the department by August 1 in order to receive primary consideration for funding during the following calendar year. If funds are available, applications may be submitted by March 15, 1985, and by February August 1 of each year thereafter, for funding in the same calendar year. The department may waive the requirements in this subsection for emergency repair projects.

AB454,6 Section 6. Trans 31.02 (2) of the administrative code is renumbered Trans 31.02 (15m) and amended to read:

AB454,4,4 Trans 31.02 (15m) "BR&H RHS" means the bureau of railroads and harbors section within the department.

AB454,7 Section 7. Trans 31.03 (1) (note) of the administrative code is amended to read:

AB454,4,7 Trans 31.03 (1) (note) Applications may be submitted to BR&H RHS, 4802 Sheboygan Avenue, P. O. Box 7914, Madison, Wisconsin 53707-7914.

AB454,8 Section 8. Trans 31.03 (5) (a) of the administrative code is amended to read:

AB454,4,11 Trans 31.03 (5) (a) BR&H RHS shall review an application and notify the applicant of approval or denial of the application within 21 days following receipt of a complete application.

AB454,9 Section 9. Trans 31.03 (5) (c) of the administrative code is amended to read:

AB454,4,17 Trans 31.03 (5) (c) BR&H RHS may require additional information from an applicant to complete its review of an application. If an application is received at least 45 days prior to the date of the first planned operation, BR&H RHS shall have 21 days from the receipt of the additional information to render its decision about the application.

AB454,10 Section 10. Trans 31.03 (5) (d) of the administrative code is amended to read:

AB454,4,20 Trans 31.03 (5) (d) BR&H RHS shall notify an applicant in writing of all deficiencies in an application, and the reasons for a denial.

AB454,11 Section 11. Trans 31.03 (6) (a) of the administrative code is amended to read:

AB454,4,23 Trans 31.03 (6) (a) An application which has been denied by BR&H RHS in accordance with sub. (5) (b) 1. may be resubmitted in compliance with this section.

AB454,12 Section 12. Trans 31.03 (6) (b) of the administrative code is amended to read:

AB454,5,3 Trans 31.03 (6) (b) An application which has been denied by BR&H RHS in accordance with sub. (5) (b) 2. or 3. may be resubmitted with the additional information identified in BR&H's RHS's letter denying the original application.

AB454,13 Section 13. Trans 31.03 (6) (c) of the administrative code is amended to read:

AB454,5,7 Trans 31.03 (6) (c) An application which has been denied by BR&H RHS in accordance with sub. (5) (b) 4. or 5. may not be resubmitted until after the sanctions imposed by s. Trans 31.07 (3) have expired.

AB454,14 Section 14. Trans 31.03 (8) of the administrative code is amended to read:

AB454,5,11 Trans 31.03 (8) Any permit issued by the department shall expire on the date specified by BR&H RHS. In no event shall a permit expire later than December 31 of the year in which the application proposes operation to commence.

AB454,15 Section 15. Trans 31.04 (1) (h) 2. of the administrative code is amended to read:

AB454,5,16 Trans 31.04 (1) (h) 2. All active grade-crossing warning devices are functional and can be operated by the equipment proposed to be used unless BR&H RHS waives this requirement in writing on the permit.

AB454,16 Section 16. Trans 31.04 (1) (k) 1. of the administrative code is amended to read:

AB454,5,20 Trans 31.04 (1) (k) 1. An Maintenance of an established escrow account approved by the department with a Wisconsin financial institution for the deposit of all amounts received from buyers in advance ticket sales.

AB454,17 Section 17. Trans 31.04 (1) (k) 2. of the administrative code is amended to read: