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.
85.21(2)(d)
(d) "Elderly person" means any individual age 65 or over.
85.21(2)(e)
(e) "Eligible applicant" means any county or agency thereof.
85.21(2)(g)
(g) "Specialized transportation service" means a transportation system, either publicly or privately owned, which provides to elderly or disabled persons general or special service on a regular and continuing basis in a designated service area.
85.21(3)
(3) Administration. The department shall administer the specialized transportation service assistance program and shall have all the powers necessary and convenient to implement this section, including the following powers:
85.21(3)(a)
(a) To receive and review county plans for specialized transportation service assistance under this section and to prescribe the form, nature and extent of the information which shall be contained in the county plans. County plans may also include specialized transportation services to persons age 55 or over.
85.21(3)(b)
(b) To determine the county proportionate share in accordance with a generally accepted statistical methodology and practice.
85.21(3)(c)
(c) To make and execute contracts with counties to ensure the provision of specialized transportation service. Payments under such contracts to eligible applicants shall not exceed the county proportionate share, except as supplemented under
par. (e) or
(f). A contract under this section shall require the county to make a matching contribution of 20% of the contract amount and to furnish information determined necessary by the department for periodic program monitoring and year-end auditing and evaluation. A contract may permit a county to hold aids received under this section on or after July 2, 1983, in trust, according to rules promulgated by the department, for the exclusive purpose of acquiring or maintaining equipment used for services authorized under this section. All aids held in trust, as well as any accumulated interest, not expended for the authorized purposes, shall be returned to the department for deposit in the transportation fund. Nothing in this paragraph entitles a county to any investment interest accumulated prior to the time the aid payment is actually received by the county.
85.21(3)(e)
(e) If any county fails to contract with the department for its entire county proportionate share by February 1 of any fiscal year, the department may distribute the remaining amount by supplemental contract with other counties that have applied for more than their county proportionate share.
85.21(3)(f)
(f) Notwithstanding the determination of county proportionate share under
par. (b), to make supplemental payments under contracts to eligible applicants under this section. The department shall make supplemental payments under this paragraph to ensure that payments to any eligible applicant for calendar year 1994 and for each calendar year thereafter are at least equal to payments made to the eligible applicant for calendar year 1992.
85.21(4)
(4) County plan provisions; copayments. 85.21(4)(a)(a) The county may establish the transportation of elderly and disabled persons to medical, nutritional and work-related activities as the priority for the specialized transportation services.
85.21(4)(b)
(b) Specialized transportation services may at the discretion of the county be open to the general public on a space-available basis.
85.21(4)(c)1.1. The county shall either require a copayment by the user of the specialized transportation service or provide the user with an opportunity to make a voluntary contribution to the cost of the service.
85.21(4)(c)2.
2. The county shall establish the amount of copayment if copayment is required and shall recommend an amount for a voluntary contribution if an opportunity to make a voluntary contribution is provided. The county shall establish the method by which the copayment or voluntary contribution is collected from the user.
85.21(4)(c)3.
3. The county shall collect and incorporate into the county plan data regarding the purposes and activities for which individuals use the specialized transportation services.
85.21(4)(c)4.
4. A county may exempt a user from payment under
subd. 1. if an emergency exists, if the user does not have the economic resources to make a payment or if the user is not competent to make a payment.
85.21(4)(d)
(d) A county may not use aids provided under this section to support the regular route services of an urban mass transit system receiving state aids under
s. 85.20. A county may use aids provided under this section to support subsystems of urban mass transit systems that provide special services to elderly or disabled persons.
85.22
85.22
Capital assistance program for specialized transportation. 85.22(1)(1)
Purpose. The purpose of this section is to promote the general public health and welfare by providing capital assistance to eligible applicants providing transportation services to elderly and disabled persons.
85.22(2)
(2) Definitions. In this section:
85.22(2)(ag)
(ag) "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.
85.22(2)(am)
(am) "Eligible applicant" means any applicant that meets eligibility requirements for federal assistance under
49 USC 1612 (b) (2) and is one of the following:
85.22(2)(am)2.
2. A local public body that satisfies one of the following conditions:
85.22(2)(am)2.a.
a. After submission and approval of the certification by the department, certifies to the governor that no private, nonprofit organization is readily available to provide transportation services to elderly and disabled persons in the proposed service area.
85.22(2)(am)2.b.
b. Is approved by the department to coordinate transportation services to elderly and disabled persons in a proposed service area.
85.22(2)(b)
(b) "Elderly person" means any individual age 55 or older.
85.22(2)(c)
(c) "Local public body" has the meaning given in
s. 85.20 (1) (d), except as limited by rule of the department.
85.22(3)
(3) Administration. The department shall administer the grant program and shall have all the powers necessary and convenient to implement this section, including the following powers:
85.22(3)(a)
(a) To receive and review annually applications for aid under this section and to prescribe the form, nature and extent of information which shall be contained in applications. Each applicant shall indicate whether the transportation services it provides or proposes to provide conflict with any transportation services being assisted under
s. 85.21.
85.22(3)(b)
(b) To establish criteria for evaluating all applications and for placing each application in a statewide priority ranking for distribution of available federal and state moneys.
85.22(3)(c)
(c) To make and execute agreements with eligible applicants to provide for the undertaking of transportation services to elderly or disabled persons.
85.22(3)(d)
(d) To audit the records of all eligible applicants receiving aids under this section in accordance with generally accepted accounting principles and practices.
85.22(3)(e)
(e) To require eligible applicants receiving aids under this subsection to furnish information deemed necessary by the department.
85.22(3)(f)
(f) To apply for and receive federal grants on behalf of eligible recipients.
85.22(3)(g)
(g) To establish an annual application cycle for the program.
85.22(3)(h)
(h) To establish, by rule, standards for the coordination of transportation services to elderly and disabled persons for purposes of
s. 85.22 (2) (am) 2. b. These standards may require certification by a local public body that any application for aid under this section shall be consistent with the recommendations of a local coordinating committee on transportation that has membership which is, in the department's judgment, sufficient to provide for adequate coordination of services available in the applicable area.
85.22(4)
(4) Amount and use of aid. Commencing with the highest ranked application and to the extent that state moneys are available, the department shall offer to each eligible applicant an amount of state aid such that the sum of federal and state aid received by an applicant does not exceed 80% of the estimated capital project costs. State aids available under this section shall not be available for operating purposes.
85.23
85.23
Rural public transportation assistance program. The department may administer a program for the distribution of rural public transportation aids made available to the state under section 18 of the urban mass transportation act of 1964, as amended, or under any similar federal act.
85.23 History
History: 1981 c. 20 s.
1223.
85.24
85.24
Demand management and ride-sharing program. 85.24(1)(1)
Purpose. The purpose of this section is to promote the conservation of energy, reduce traffic congestion, improve air quality and enhance the efficient use of existing transportation systems by planning and promoting demand management and ride-sharing programs and providing technical and financial assistance to public and private organizations for the development and implementation of demand management and ride-sharing programs.
85.24(2)
(2) Definitions. In this section:
85.24(2)(a)
(a) "Demand management" means policies and programs designed to reduce the number of automobile trips, especially during peak hours of traffic congestion, including policies and programs designed to do any of the following:
85.24(2)(a)1.
1. Promote the reduction of unnecessary single-occupancy automobile trips.
85.24(2)(a)2.
2. Promote alternatives to automobile travel, such as biking and walking.
85.24(2)(a)3.
3. Encourage the use of high-occupancy modes of travel, such as ride sharing and all forms of public transportation.
85.24(2)(a)4.
4. Increase the convenience of alternatives to single-occupancy automobile trips, such as appropriate land-use planning and preferential parking privileges for car and van pools.
85.24(2)(b)
(b) "Ride sharing" means the use of a single motor vehicle by 2 or more persons for the purpose of commuting to and from their places of employment or attendance at postsecondary institutions, and includes commuting by means of a car pool or a van pool.
85.24(3)(a)(a) The department shall be the lead state agency in demand management and ride-sharing activities and shall have all powers necessary to develop and implement a state demand management and ride-sharing assistance program which shall include the coordination of demand management and ride-sharing activities in this state, the promotion and marketing of demand management and ride-sharing activities, the dissemination of technical information, the provision of technical and financial assistance to public and private organizations for the planning, development and implementation of demand management and ride-sharing programs, and the development and distribution of computer and manual ride-matching systems.
85.24(3)(b)
(b) The department may apply for and receive federal grants on its own behalf or as requested on behalf of other private and public organizations.
85.24(3)(c)
(c) The department may administer a program for the distribution of any federal funds for ride sharing and demand management that are made available to the state.
85.24(3)(d)
(d) The department may award grants from the appropriation under
s. 20.395 (1) (bs) 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:
85.24(3)(d)1.
1. To promulgate, by rule, procedures and criteria for the review and award of grants under this paragraph.
85.24(3)(d)2.
2. To receive and review applications for grants and to prescribe the form, nature and extent of the information which shall be contained in applications.
85.24(3)(d)3.
3. To audit and inspect the records of grant recipients.
85.24(3)(d)4.
4. To require reports from grant recipients as needed.
85.24(4)
(4) Confidentiality of information. 85.24(4)(a)(a) Except as provided in
par. (b), a record containing any of the following information collected under this section relating to any applicant for ride-sharing services shall be kept confidential and may not be inspected or copied under
s. 19.35 (1):
85.24(4)(a)3.
3. Current mode of commuting between home and workplace.
85.24(4)(a)4.
4. Type of ride-sharing service information requested.
85.24(4)(b)
(b) Paragraph (a) does not prohibit the disclosure of the information to the extent necessary to administer the ride-sharing program.
85.24(4)(c)
(c) Any person who wilfully discloses or who, under false pretenses, wilfully requests or obtains information in violation of
par. (a) may be required to forfeit not more than $500 for each violation. This paragraph does not apply to information disclosed, requested or obtained to the extent necessary to administer the ride-sharing program.
85.243
85.243
Surface transportation discretionary grants program. 85.243(1)(a)(a) "Eligible applicant" means a local public body in an area having a population of 5,000 or more.
85.243(1)(b)
(b) "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.
85.243(1)(c)
(c) "Metropolitan planning organization" means an organization designated by the department by rule for an urbanized area having a population of 50,000 or more that complies with the requirements of
23 USC 134.
85.243(2)(a)(a) The department shall administer a surface transportation discretionary grants 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 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.
85.243(2)(b)
(b) The department shall have all powers necessary and convenient to implement this section, including the following powers:
85.243(2)(b)1.
1. To promulgate, by rule, procedures and criteria for the review and award of grants under this section.
85.243(2)(b)2.
2. To receive and review applications for grants and to prescribe the form, nature and extent of the information which shall be contained in applications.
85.243(2)(b)3.
3. To audit and inspect the records of grant recipients.
85.243(2)(c)
(c) For any eligible applicant located within an urbanized area served by a metropolitan planning organization, all of the following apply:
85.243(2)(c)1.
1. The department shall administer and implement the program under this section in cooperation with the metropolitan planning organization.
85.243(2)(c)2.
2. The department may not make a grant under
par. (a) unless the proposed project is included in a transportation improvement plan of the metropolitan planning organization.
85.243(2)(c)3.
3. If 2 or more grant applications are submitted to the department by eligible applicants located within the urbanized area served by a metropolitan planning organization, the department shall require the metropolitan planning organization to submit a ranking, in order of priority, of the grant applications before awarding any grants to eligible applicants located within the urbanized area served by the metropolitan planning organization.
85.243 History
History: 1993 a. 16.
85.245
85.245
Congestion mitigation and air quality improvement program.
