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. 85.245(1)(1) The department may administer a program for the distribution of federal funds for congestion mitigation and air quality improvement projects made available to the state under
23 USC 149. The cost of any project shall be funded from the appropriations under
s. 20.395 (2) (kv) and
(kx).
85.245(2)
(2) The department shall pay to the department of natural resources $624,000 in fiscal year 1993-94 and $552,000 in fiscal year 1994-95 from the appropriation under
s. 20.395 (2) (kx) for air quality improvement related to mobile sources of air contaminants.
85.245 History
History: 1993 a. 16.
85.25
85.25
Disadvantaged business mobilization assistance program. 85.25(1)(1)
Findings and purpose. The legislature finds that the lack of working capital is a major barrier to the participation of certain businesses in construction contracts with the department. This problem is most acute for newer, less experienced businesses, and, in particular, for disadvantaged businesses, many of which lack the assets necessary to obtain financing under normal business lending standards. The disadvantaged business mobilization assistance program is created to assist disadvantaged businesses in obtaining working capital in order to participate in construction contracts with the department and to increase the representation of disadvantaged businesses among contractors performing on construction projects for the department.
85.25(2)
(2) Definitions. In this section:
85.25(2)(a)
(a) "Business development organization" means the Wisconsin housing and economic development authority under
s. 234.02 or any private organization which prepares business and loan plans for and provides other financial, management and technical assistance to disadvantaged businesses.
85.25(2)(b)
(b) "Deficiency" means the unpaid principal amount of a defaulted mobilization loan guaranteed under
sub. (4). "Deficiency" does not include any interest, any origination fees or other charges relating to the guaranteed loan or any expenses incurred by the lender in enforcing the security interest taken in the capital equipment or other asset resulting from the proceeds of the guaranteed loan.
85.25(2)(c)
(c) "Disadvantaged business" means a sole proprietorship, partnership, limited liability company, joint venture or corporation that fulfills all of the following requirements:
85.25(2)(c)1.
1. It is at least 51% owned, controlled and actively managed by a disadvantaged individual, as defined in
s. 84.076 (1) (a).
85.25(2)(d)
(d) "Guaranteed loan" means a mobilization loan which is guaranteed by a business development organization under a grant under
sub. (3).
85.25(2)(e)
(e) "Mobilization loan" means a short-term loan, as specified by the department by rule, to a disadvantaged business to provide working capital in order to finance the purchase of capital equipment, insurance or any other service or consumable good necessary to enable the disadvantaged business to participate in transportation-related construction contracts with the department.
85.25(2)(f)
(f) "Participating lender" means a bank, credit union, savings bank, savings and loan association or other person who makes mobilization loans.
85.25(3)
(3) Administration. The department shall administer the disadvantaged business mobilization assistance program. Subject to
sub. (4), the department may make grants for the purpose specified in
sub. (1) to a business development organization in order to provide funding for the guarantee by the business development organization of a mobilization loan made by a participating lender to a disadvantaged business certified by the department.
85.25(4)
(4) Rule making. The department shall promulgate rules to implement the disadvantaged business mobilization assistance program. The rules shall specify all of the following:
85.25(4)(a)
(a) Conditions for eligibility of a business development organization for a grant under
sub. (3).
85.25(4)(b)
(b) Conditions for eligibility of a disadvantaged business for a guaranteed loan. The conditions may include requirements relating to certification of a disadvantaged business by the department.
85.25(4)(c)
(c) Conditions for the guarantee of a mobilization loan by a business development organization applying for a grant under
sub. (3). The conditions shall include requirements relating to the term of a mobilization loan. The conditions may include a requirement for execution of a guarantee agreement between the business development organization and the participating lender and review of such an agreement by the department. The conditions may specify a percentage of principal of any mobilization loan which must be guaranteed by a business development organization applying for a grant under
sub. (3). The conditions may include requirements relating to the rate of a mobilization loan. The conditions may include requirements relating to defaulted mobilization loans and deficiencies.
85.25(4)(d)
(d) Conditions relating to the total principal amounts of all mobilization loans which may be guaranteed by business development organizations at one time, not to exceed $1,500,000.
85.25(4)(e)
(e) Conditions under which a business development organization may not guarantee additional mobilization loans. The conditions shall include a prohibition on the guarantee of additional mobilization loans by a business development organization if the amount of the grant to the business development organization not yet expended under the disadvantaged business mobilization assistance program is equal to or less than $100,000.
85.25(4)(f)
(f) Conditions under which a grant made under
sub. (3) to a business development organization may be required to be repaid.
85.25(5)
(5) Moral obligation. Recognizing its moral obligation to do so, the legislature expresses its expectation and aspiration that, if ever called upon to do so, it shall make an appropriation from the transportation fund to meet all demands for funds relating to defaulted mobilization loans and deficiencies under this section.
