85.17(5)(d)
(d) The department shall issue special orders directing and requiring compliance with the rules and standards of the department adopted under this section whenever, in the judgment of the department, the rules or standards are threatened with violation, are being violated or have been violated.
85.17(5)(e)
(e) The circuit court for any county where violation of such an order occurs has jurisdiction to enforce the order by injunctive and other appropriate relief.
85.17(6)
(6) Penalty. Any person who violates this section or any rule or order adopted under this section shall forfeit not less than $10 nor more than $1,000 for each violation. Each violation of this section or any rule or order under this section constitutes a separate offense and each day that a violation continues is a separate offense.
85.17 History
History: 1983 a. 410; Stats. 1983 s. 85.16;
1983 a. 538 s.
118; Stats. 1983 s. 85.17;
1995 a. 227.
85.18
85.18
Groundwater protection. The department shall comply with the requirements of
ch. 160 in the administration of any program, responsibility or activity assigned or delegated to it by law.
85.18 History
History: 1983 a. 410.
85.19
85.19
Construction site erosion control. 85.19(1)
(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.
85.19(2)(a)(a) The department shall establish a program of training for persons who prepare plans for, review plans for, conduct inspections of or engage in construction activities subject to the standards under
sub. (1). The department shall do all of the following:
85.19(2)(a)1.
1. Identify those persons involved in plan preparation, plan review, construction supervision or inspections who are required to be trained.
85.19(2)(a)4.
4. Identify other persons who may benefit from the training program, and encourage those persons to enroll in the training program.
85.19(2)(b)
(b) The department may impose fees for the training program.
85.19(2)(c)
(c) The department shall establish the training program in consultation with the department of natural resources.
85.19(2)(d)
(d) Any training required under this subsection may be conducted by the department or by another person with the approval of the department.
85.19 History
History: 1991 a. 309.
85.20
85.20
Urban mass transit operating assistance program. 85.20(1)(1)
Definitions. In this section:
85.20(1)(ag)
(ag) " Disabled persons" means individuals who, by reason of illness, injury, age, congenital malfunction, or other temporary or permanent incapacity or disability, are unable without special planning or design to use mass transit facilities and services as effectively as persons who are not so affected.
85.20(1)(am)
(am) "Elderly persons" means individuals age 65 or over.
85.20(1)(b)
(b) "Eligible applicant" means a local public body in an urban area which is served by an urban mass transit system incurring an operating deficit.
85.20(1)(d)
(d) "Local public body" includes counties, municipalities or towns, or agencies thereof; transit or transportation commissions or authorities and public corporations established by law or by interstate compact to provide mass transportation services and facilities or 2 or more of any such bodies acting jointly under
s. 66.30.
85.20(1)(e)
(e) "Mass transit system" means transportation by bus, shared-ride taxicab, rail, or other conveyance, either publicly or privately owned, that provides the public with general or special service on a regular and continuing basis.
85.20(1)(f)
(f) "Operating deficit" means the amount by which the total operating expenses incurred in the operation of an urban mass transit system exceeds the amount of operating revenue derived therefrom.
85.20(1)(g)
(g) "Operating expenses" mean costs accruing to an urban mass transit system by virtue of its operations, including costs to subsidize fares paid by disabled persons for transportation within the urban area of the eligible applicant. For a publicly owned system, operating expenses do not include profit, return on investment or depreciation as costs. If a local public body contracts for the services of a privately owned system on the basis of competitive bids, operating expenses may include as costs depreciation on the facilities and equipment that the privately owned system acquired without benefit of public financial assistance, profit and return on investment. If a local public body contracts for the services of a privately owned system on the basis of negotiated procurement, operating expenses may include as costs depreciation on the facilities and equipment that the privately owned system acquired without benefit of public financial assistance. In an urban area which is served exclusively by shared-ride taxicab systems, operating expenses may include costs to subsidize reasonable fares paid by all users for transportation within the urban area of the eligible applicant.
85.20(1)(h)
(h) "Operating revenues" mean income accruing to an urban mass transit system by virtue of its operations.
85.20(1)(hm)
(hm) "Reasonable fare" means a charge for mass transit service which complies with rules of the department relating to the fairness of such charges for purposes of this section.
85.20(1)(j)
(j) "Revenue passenger trip" means a trip taken on an urban mass transit system by any passenger who pays a fare to use an urban mass transit system, or by any passenger for whom a fare has been paid by another under a contract or other arrangement with an urban mass transit system.
85.20(1)(k)
(k) "Urban area" means any area that includes a city or village having a population of 2,500 or more that is appropriate, in the judgment of the department, for an urban mass transit system or an area that includes 2 American Indian reservations and that is served by a mass transit system operated by a transit commission.
85.20(1)(L)
(L) "Urban mass transit system" means a mass transit system operating within an urban area.
85.20(2)
(2) Purpose. The purpose of this section is to promote the general public good by preserving and improving existing urban mass transit systems in this state and encouraging their effective and efficient operation.
85.20(3)
(3) Administration. The department shall administer the urban mass transit operating assistance program and shall have all the powers necessary and convenient to implement this section, including the following powers:
85.20(3)(a)
(a) To receive applications for aid under this section and to prescribe the form, nature and extent of information which shall be contained in applications.
85.20(3)(b)
(b) To make and execute contracts with any eligible applicant to ensure the continuance and improvement of quality urban mass transit service at reasonable fares. No such contract may be effective for a period of more than one year in length and no such contract may be enforced against the state unless the following conditions are met:
85.20(3)(b)1.
1. The eligible applicant pays the operating deficit of the urban mass transit systems involved in accordance with a schedule approved by the department;
85.20(3)(b)2.
2. The participating urban mass transit system provides reduced fare programs for elderly and disabled persons during nonpeak hours. Such reduced fares may not exceed one-half of the full adult cash fare applicable during peak hours of operation; and
85.20(3)(b)3.
3. The eligible applicant establishes and maintains accounting procedures and documentation requirements as prescribed or approved by the department.
85.20(3)(c)
(c) Except as provided in
par. (cm), to audit the operating revenues and expenses of all urban mass transit systems participating in the program in accordance with generally accepted accounting principles and practices. Except as provided in
par. (cm), the audits shall be the basis for computing the maximum share of state and federal aids each eligible applicant can apply against operating deficits for each state aid contract period.
85.20(3)(cm)
(cm) To conduct an audit of a privately owned urban mass transit system with which a local public body contracts for services on the basis of competitive bids to determine that system's compliance with the terms of that contract for services. An audit under this paragraph shall be the basis for computing the maximum share of state and federal aids that an eligible applicant that contracts with a privately owned urban mass transit system on the basis of competitive bids may apply against operating deficits for each state aid contract period.
85.20(3)(cr)
(cr) To conduct a management performance audit of all urban mass transit systems participating in the program at least once every 5 years.
85.20(3)(d)
(d) To apply for and receive federal grants for the department or as requested on behalf of eligible recipients.
85.20(3m)(a)(a) In this subsection, "user-side subsidy" means a voucher provided by an eligible applicant directly to a mass transit system user for use in full or partial payment of a mass transit system fare.
85.20(3m)(b)
(b) After June 30, 1991, if an eligible applicant's urban mass transit system operates a user-side subsidy program, that system may include user contributions under the user-side subsidy program in its calculation of operating expenses for purposes of
sub. (4m).
85.20(4m)
(4m) State aids. Payments of state aids appropriated for this program shall be in accordance with the terms and conditions of contracts executed between the department and eligible applicants. State aid payments shall be subject to the following limitations:
85.20(4m)(a)
(a) 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:
85.20(4m)(a)1.a.a. From the appropriation under
s. 20.395 (1) (dq), the uniform percentage for each eligible applicant in an urban area served by an urban mass transit system with annual operating expenses in excess of $80,000,000.
85.20(4m)(a)1.b.
b. For the purpose of making allocations under
subd. 1. a., the amounts for aids are $43,131,700 in calendar year 1996 and $44,425,700 in calendar year 1997 and thereafter. These amounts, to the extent practicable, shall be used to determine the uniform percentage in the particular calendar year.
85.20(4m)(a)2.a.a. From the appropriation under
s. 20.395 (1) (dr), the uniform percentage for each eligible applicant in an urban area served by an urban mass transit system with annual operating expenses greater than $20,000,000 but not more than $80,000,000.
85.20(4m)(a)2.b.
b. For the purpose of making allocations under
subd. 2. a., the amounts for aids are $10,891,700 in calendar year 1996 and $11,218,500 in calendar year 1997 and thereafter. These amounts, to the extent practicable, shall be used to determine the uniform percentage in the particular calendar year.
85.20(4m)(a)3.a.a. From the appropriation under
s. 20.395 (1) (ds), the uniform percentage for each eligible applicant in an urbanized area having a population as shown in the 1990 federal decennial census of more than 200,000 or receiving federal mass transit aid for such area, and not specified in
subd. 1. or
2.
85.20(4m)(a)3.b.
b. For the purpose of making allocations under
subd. 3. a., the amounts for aids are $2,185,400 in calendar year 1996 and $2,251,000 in calendar year 1997 and thereafter. These amounts, to the extent practicable, shall be used to determine the uniform percentage in the particular calendar year.
85.20(4m)(a)4.a.a. From the appropriation under
s. 20.395 (1) (dt), the uniform percentage for each eligible applicant served by an urban mass transit system operating within an urbanized area having a population as shown in the 1990 federal decennial census of at least 50,000 or receiving federal mass transit aid for such area, and not specified in
subd. 1.,
2. or
3.
85.20(4m)(a)4.b.
b. For the purpose of making allocations under
subd. 4. a., the amounts for aids are $13,582,400 in calendar year 1996 and $13,989,900 in calendar year 1997 and thereafter. These amounts, to the extent practicable, shall be used to determine the uniform percentage in the particular calendar year.
85.20(4m)(a)5.a.a. From the appropriation under
s. 20.395 (1) (du), the uniform percentage for each eligible applicant served by an urban mass transit system operating within an area having a population as shown in the 1990 federal decennial census of less than 50,000 or receiving federal mass transit aid for such area.
85.20(4m)(a)5.b.
b. For the purpose of making allocations under
subd. 5. a., the amounts for aids are $4,258,800 in calendar year 1996 and $4,386,600 in calendar year 1997 and thereafter. These amounts, to the extent practicable, shall be used to determine the uniform percentage in the particular calendar year.
85.20(4m)(b)1.1. Except as provided in
subd. 2., each eligible applicant shall provide a local contribution, exclusive of user fees, toward operating expenses in an amount equal to at least 20% of state aid allocations to that eligible applicant under this section.
85.20(4m)(b)2.
2. Subdivision 1. does not apply to an eligible applicant that is served exclusively by a shared-ride taxicab system.
85.20(4m)(em)
(em) The sum of the state aid allocations made to each applicant under
par. (a) may not exceed any of the following:
85.20(4m)(em)1.
1. An amount equal to 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
5.
85.20(4m)(em)2.
2. The nonfederal share of the audited operating deficit for the project year of the applicant's urban mass transit system.
85.20(4m)(em)3.
3. Five times the amount of an eligible applicant's required local contribution under
par. (b) 1.
85.20(4m)(er)
(er) Eligible applicants shall repay the department any overpayments in state aids under this section which are made because of differences between projected financial data and audited financial data or because of differences between projected financial data and contract compliance audits.
85.20(4m)(f)
(f) If more than one local public body contributes assistance to the operation of an urban mass transit system, the state aids allocated under this section shall be distributed among the contributors in accordance with any cost-sharing agreement that is filed with the department. If no agreement is filed, the aids shall be distributed among the contributors in proportion to their contributions.
85.20(4s)
(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) (dq),
(dr),
(ds),
(dt) or
(du).
85.20(5)
(5) Regulation. For such time as any urban mass transit system participates in this program, it shall be exempt from regulation under
ch. 194.
85.20(6)
(6) Planning requirements. As a condition of eligibility to receive state aids, an applicant is required to do all of the following:
85.20(6)(a)
(a) Annually prepare and submit to the department a 4-year transit development program, in the form and manner prescribed by the department. The rules adopted to implement this paragraph and
par. (b) shall be compatible with applicable federal regulations.
85.20(6)(b)
(b) Establish multiyear service and performance goals and assess the effectiveness of its mass transit system in relation to those goals at intervals specified by the department by rule.
85.20(7)(a)(a) The department shall establish cost-efficiency standards for the urban mass transit system specified in
sub. (4m) (a) 1. to
5. 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:
85.20(7)(a)1.
1. Exclude those costs from operating expenses for purposes of
sub. (4m).
85.20(7)(b)
(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.
85.21
85.21
Specialized transportation assistance program for counties. 85.21(1)(1)
Purpose. The purpose of this section is to promote the general public health and welfare by providing financial assistance to counties providing transportation services for elderly and disabled persons, and to thereby improve and promote the maintenance of human dignity and self-sufficiency by affording the benefits of transportation services to those people who would not otherwise have an available or accessible method of transportation.
85.21(2)
(2) Definitions. In this section:
85.21(2)(a)
(a) "Copayment" means the fee imposed on a person for the use of the specialized transportation service.
85.21(2)(b)
(b) "County proportionate share" means the amount allocated to a county under this section which is based on the total amount appropriated for purposes of this section during the current fiscal year multiplied by the ratio of the number of elderly and disabled persons in the county to the total number of elderly and disabled persons in this state and which provides for a minimum base amount for each county, as determined by the department.
85.21(2)(c)
(c) "Designated service area" means that area to be provided specialized transportation service for any fiscal year.
85.21(2)(cm)
(cm) "Disabled person" means any individual who, because of any temporary or permanent physical or mental condition or institutional residence is unable without special facilities or special planning or design to use available transportation facilities and services as effectively as persons who are not so affected.
