85.022(1)(b)
(b) Existing railroad and other transportation right-of-way and potential right-of-way availability.
85.022(1)(c)
(c) The capacity of alternative transit facilities.
85.022(1)(f)
(f) The creation of a regional operating authority.
85.022(1)(g)
(g) Analysis of alternative means of financing, including public and private cost-sharing.
85.022(1)(h)
(h) Coordination of rail passenger services with existing publicly operated mass transit systems.
85.022(1)(i)
(i) Technologies, costs, benefits and projected ridership of conventional rail passenger service, or of high-speed rail service.
85.022(2)(a)(a) The department shall study high-speed rail service in the southern transportation corridor between this state and the state of Minnesota.
85.022(2)(b)1.1. Except as provided in
subd. 2., funds may be expended under
par. (a) only to match funds, at the ratio of 1 to 1, from the state of Minnesota for the study.
85.022(2)(b)2.
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.
85.022(3)
(3) A recipient of funding under this section shall make the results of its study available to any interested city, village, town or county.
85.023
85.023
Planning for bicycle facilities. The department shall assist any regional or municipal agency or commission in the planning, promotion and development of bikeways as defined in
s. 84.60 (1) (a). The department shall draft model local zoning ordinances for the planning, promotion and development of bikeways and bicycle racks.
85.023 History
History: 1979 c. 221.
85.024
85.024
Bicycle and pedestrian facilities program. 85.024(1)(1) In this section, "political subdivision" means a county, city, village or town.
85.024(2)
(2) The department shall administer a bicycle and pedestrian facilities program to award grants of assistance to political subdivisions for the planning, development or construction of bicycle and pedestrian facilities. Annually, the department shall award from the appropriation under
s. 20.395 (2) (fx) grants to political subdivisions under this section. A political subdivision that is awarded a grant under this section shall contribute matching funds equal to at least 25% of the amount awarded under this section. The department shall select grant recipients annually beginning in 1994 from applications submitted to the department on or before April 1 of each year.
85.024 History
History: 1993 a. 16.
85.025
85.025
Highway and bridge projects. The department shall adopt by rule criteria for selecting and evaluating all highway and bridge projects which are constructed from the appropriations under
s. 20.395 (3) (bq),
(bv),
(bx),
(cq),
(cv) and
(cx).
85.025 History
History: 1979 c. 221,
355;
1991 a. 39.
85.028
85.028
Milwaukee east-west transportation corridor. 85.028(1)(1) There is established in the transportation fund a reserve account consisting of $3,800,000 for the purpose of funding preliminary engineering costs relating to a Milwaukee east-west transportation corridor. The department may submit a request to the joint committee on finance for the transfer of moneys from the reserve account to the appropriation under
s. 20.395 (3) (cq) to increase funding for preliminary engineering costs relating to a Milwaukee east-west transportation corridor. Upon a showing by the department of the continued availability of federal funds for such purpose, the joint committee on finance may transfer such moneys. This subsection does not apply after June 30, 1997.
85.028(2)
(2) Upon implementation of a funding source to provide local funds for a Milwaukee east-west transportation corridor project, local units of government that will be affected by such a project shall reimburse the transportation fund for 50% of the nonfederal share of preliminary engineering costs relating to a Milwaukee east-west transportation corridor project.
85.028 History
History: 1993 a. 437 ss.
180,
267,
268.
85.03
85.03
Federal reduction or termination of aid. All appropriations made to the department under
s. 20.395 are subject to the specific provision that if federal government funding of any portion of a program under
s. 20.395 is reduced or terminated, the secretary may terminate or reduce state participation in the program in such proportion as the secretary considers appropriate.
85.03 History
History: 1971 c. 125 s.
417; Stats. 1971 s. 85.02;
1973 c. 90 ss.
397e,
560 (4); Stats. 1973 s. 85.03;
1991 a. 316.
85.035
85.035
Reduction of department appropriations. Where the secretary deems that economic conditions warrant, the secretary, in conjunction with submission of estimates under
s. 16.50, may recommend to the secretary of administration that authorized department appropriations be reduced to reflect revenue deficiencies.
85.035 History
History: 1977 c. 29;
1981 c. 30.
85.04
85.04
Acquisition of replacement lands. If federal law prohibits the acquisition of lands determined by the secretary to be necessary for transportation purposes unless replacement lands are provided, the department may acquire by gift, devise, purchase or condemnation any lands or interests in lands necessary to satisfy the replacement requirement.
85.04 History
History: 1977 c. 418.
85.04 Annotation
This section applies only where federal law requires acquisition of replacement lands; where acquiring replacement lands is one option for gaining federal approval this section does not apply. Mitton v. Transportation Dept. 179 W (2d) 321, 507 NW (2d) 126 (Ct. App. 1993). Affirmed on other grounds. Mitton v. Transportation Dept. 184 W (2d) 738, 516 NW (2d) 709 (1994).
85.06
85.06
Rail passenger service assistance and promotion. 85.06(1)(1)
Definitions. In this section:
85.06(1)(a)
(a) "Amtrak" means the national railroad passenger corporation.
85.06(2)
(2) Program. The department shall administer a rail passenger service assistance and promotion program and may do any of the following:
85.06(2)(a)
(a) Conduct financial and technical planning for rail passenger service in this state and evaluate existing rail passenger service.
85.06(2)(b)
(b) Contract with Amtrak or an applicable railroad to provide rail passenger service.
85.06(2)(c)
(c) Consult with other states and with local governmental units regarding service levels for additional rail passenger service in this state.
85.06(2)(d)
(d) Monitor the quality of rail passenger service in this state.
85.06(2)(e)
(e) Subject to
sub. (3), contract for marketing studies and promotional activities to increase rail passenger service ridership in this state, to identify potential riders and to educate the public about the availability and advantages of rail passenger service.
85.06(2)(f)
(f) Apply for and accept federal funds for rail passenger service.
85.06(3)(a)(a) Before contracting for marketing studies or promotional activities under
sub. (2) (e), the department shall ensure that a local governmental unit spends at least an equal amount of money on similar or complementary studies or activities.
85.06(3)(b)
(b) The department shall give priority to funding additional rail passenger service over marketing studies or promotional activities.
85.06 History
History: 1991 a. 39;
1995 a. 113,
201.
85.061
85.061
Rail passenger route development. 85.061(1)
(1)
Definition. In this section, "Amtrak" means the national railroad passenger corporation.
85.061(2)
(2) Legislative findings. The legislature finds that private capital and local governmental financial and technical resources are unable to fully meet the transportation needs of all citizens. It is determined that the program authorized under this section, including the improvement of the property or facilities of a railroad, whether publicly or privately owned, is a legitimate governmental function serving proper public purposes.
85.061(3)
(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. 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 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 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.
85.061 History
History: 1993 a. 16;
1995 a. 113.
85.062
85.062
Major transit capital improvement projects. 85.062(1)(1) In this section, "major transit capital improvement project" means a project that has a total cost of more than $5,000,000 and which involves any of the following:
85.062(1)(a)
(a) Construction of a separate roadway designated for use by buses or other high-occupancy modes of travel.
85.062(1)(b)
(b) Initial construction or expansion of a light rail transit system.
85.062(2)
(2) No major transit capital improvement project may be constructed using any state transportation revenues unless the major transit capital improvement project is specifically enumerated in a list under
sub. (3). Notwithstanding
s. 84.013 (4), a major transit capital improvement project that is enumerated under
sub. (3) may be constructed without being included in the list of major highway projects under
s. 84.013 (3).
85.062(3)
(3) The department may proceed with construction of the following major transit capital improvement projects:
85.062(3)(a)
(a) No projects enumerated under this subsection as of May 10, 1994.
85.062 History
History: 1993 a. 437.
85.063
85.063
Urban rail transit systems. 85.063(1)(b)
(b) "Urban area" means any area that includes a city, village or town having a population of 50,000 or more that is appropriate, in the judgment of the department, for an urban rail transit system.
85.063(1)(c)
(c) "Urban rail transit system" means a system, either publicly or privately owned, which will provide transportation by rail to the public on a regular and continuing basis.
85.063(2)
(2) Administration. The department shall administer an urban rail transit system program to plan, design and engineer urban rail transit systems for urban areas in the state.
85.063(3)(a)(a)
Legislative findings. The legislature finds that development of urban rail transit systems to serve urban areas of this state will enhance the welfare of all of the citizens of this state through conservation of fuel, enhancement of the development of alternative transportation modes and improvement of air quality. The legislature further finds that private capital is unavailable and local government resources are insufficient for development of urban rail transit systems. The legislature finds that providing grants for the development of urban rail transit systems is consistent with the state's support of other modes of mass transit and that the grant program authorized under this subsection is therefore a valid governmental function serving proper public purposes.
85.063(3)(b)1.1. Upon completion of a planning study under
sub. (2), or, to the satisfaction of the department, of a study under
s. 85.022, a political subdivision in a county which includes the urban area may apply to the department for a grant for property acquisition for an urban rail transit system.
85.065
85.065
Urban rail line relocations. 85.065(1)(a)(a) Any county, city, village, town or combination thereof may apply to the department for a study of the cost and benefits of the location and form of railroad lines, associated facilities, and railroad operations within an urban area. Upon receiving such application, the department may undertake or contract for a study to determine the extent to which the existing location of such lines, facilities and operations serves the public interests in:
85.065(1)(a)1.
1. Reliable, economical and expeditious commercial transportation;
85.065(1)(a)2.
2. Safe and orderly movement of pedestrian and vehicular traffic;
85.065(1)(a)3.
3. Coordinated and environmentally sound planning for development or preservation of the area; and
85.065(1)(b)
(b) The study shall be performed in consultation with the applicant and other interested parties and shall result in a report describing alternatives to the existing location and form of such railroad lines, facilities and operations which assesses each alternative in light of those criteria.
85.065 History
History: 1977 c. 29.
85.07
85.07
Highway safety coordination. 85.07(1)
(1)
Duties. The secretary, under the direction of the governor, shall coordinate the highway safety activities of the various agencies of state government; evaluate and make recommendations to the governor with respect to program proposals submitted by state agencies and political subdivisions for federal and state funds in conjunction with the federal highway safety program; advise the governor on matters relating to highway safety and the implementation of the federal highway safety program in this state; and assist governmental units and private organizations in the planning and execution of programs relating to highway safety.
