85.027(2)(c)2.
2. The prevalence of older drivers and pedestrians in the area of the proposed project.
85.027(2)(c)3.
3. The extent to which the proposed improvements would produce demonstrable benefits.
85.027(2)(c)4.
4. Whether a project is proposed cooperatively by more than one local unit of government and coordinates improvements on highways in more than one jurisdiction. The department shall favor cooperative projects.
85.027(2)(c)5.
5. The geographic distribution of all of the projects that are awarded grants. The department shall distribute projects throughout the state.
85.027 History
History: 2003 a. 33.
85.028
85.028
Milwaukee east-west transportation corridor. 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;
1999 a. 85.
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.
85.037
85.037
Certification of fees collected. Annually, no later than October 1, the secretary of transportation shall certify to the secretary of administration the amount of fees collected under
ss. 101.9208 (1) (dm) and
342.14 (3m) during the previous fiscal year, for the purpose of determining the amounts to be transferred under
s. 20.855 (4) (f) during the current fiscal year.
85.037 History
History: 1997 a. 27;
1999 a. 9.
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 when federal law requires acquisition of replacement lands; when acquiring replacement lands is one option for gaining federal approval. This section does not apply. Mitton v. Transportation Dept.
179 Wis. 2d 321,
507 N.W.2d 126 (Ct. App. 1993). Affirmed on other grounds. Mitton v. Transportation Dept.
184 Wis. 2d 738,
516 N.W.2d 709 (1994).
85.05
85.05
Evaluation of proposed major highway projects. The department by rule shall establish a procedure for numerically evaluating projects considered for enumeration under
s. 84.013 (3) as a major highway project. The evaluation procedure may include any criteria that the department considers relevant. The rules shall establish a minimum score that a project shall meet or exceed when evaluated under the procedure established under this section before the department may recommend the project to the transportation projects commission for consideration under
s. 13.489 (4).
85.05 History
History: 1997 a. 86;
1999 a. 9.
85.05 Cross-reference
Cross Reference: See also ch.
Trans 212, Wis. adm. code.
85.052
85.052
Change management system for major highway projects. The department shall develop and implement a change management system for providing fiscal and management oversight for all major highway projects funded from any appropriation specified in
s. 84.013 (2) (a).
85.052 History
History: 2003 a. 217.
85.055
85.055
Passenger railroad station improvements. 85.055(1)(1) In this section, "Local governmental unit" means a city, village, town or county or an agency or subdivision of a city, village, town or county.
85.055(2)
(2) The department shall administer a passenger railroad station improvement grant program. From the appropriation under
s. 20.395 (2) (ct), the department shall award grants to local governmental units or private entities for the construction or rehabilitation of passenger railroad stations along existing or proposed rail passenger routes. The amount of a grant awarded under this section shall be limited to an amount equal to 33% of the cost of the project or $60,000, whichever is less.
85.055(3)
(3) The department may not award a grant under this section to a public entity unless the governing body of the city, town, village or county has adopted a resolution supporting the proposed project.
85.055 History
History: 1999 a. 9.
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, railroads or other persons to provide rail passenger service or support services, equipment, station improvements, passenger platforms, equipment maintenance shops, parking areas or other support facilities for rail passenger service. The contract may provide for the sale or lease of any equipment or facilities acquired by the department under
par. (g). Notwithstanding
s. 16.75 (1) and
(2m), the department may contract under this paragraph without competitive bidding or competitive sealed proposals.
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) Conduct or 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(2)(g)
(g) Acquire equipment or facilities for the purpose of providing rail passenger service or support services for rail passenger service.
85.06(2)(h)
(h) Enter into agreements with other states to assist or promote rail passenger service.
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)(a)(a) The department shall administer a rail passenger route development program. From the appropriation under
s. 20.866 (2) (up), the department may fund any of the following:
85.061(3)(a)1.
1. 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.
85.061(3)(a)2.
2. Railroad track or rail passenger station improvements related to an Amtrak service extension route between the city of Milwaukee and Waukesha County, or the establishment of commuter rail service between these jurisdictions.
85.061(3)(a)3.
3. Rail passenger station improvements related to an existing rail passenger service.
85.061(3)(b)
(b) The department may not use any proceeds from the bond issue authorized under
s. 20.866 (2) (up) unless the joint committee on finance approves the use of the proceeds and, with respect to a route under
par. (a) 1. or
2., 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. The department may contract with Amtrak, railroads or other persons to perform the activities under the program.
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(1)(c)
(c) Initial construction or expansion of a commuter rail transit system. In this paragraph, "commuter rail" has the meaning given in
s. 85.064 (1) (a).
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;
2003 a. 33.
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.
85.064
85.064
Commuter rail transit system development. 85.064(1)(a)
(a) "Commuter rail" means rail passenger service, operating primarily on a dedicated right-of-way on existing railroad tracks used for rail freight service or intercity rail passenger service between and within metropolitan and suburban areas, connecting these areas with large business or urban centers in this state or another. Commuter rail usually operates during peak travel times with limited stops and in conjunction with other transit modes as part of a regional transit system.
85.064(1)(b)
(b) "Political subdivision" means any city, village, town, county, transit commission organized under
s. 59.58 (2) or
66.1021 or recognized under
s. 66.0301, or regional transportation authority organized under
s. 59.58 (6) within this state.
85.064(2)(a)(a) The department shall administer a commuter rail transit system development grant program. From the appropriations under
s. 20.395 (2) (ct),
(cu), the department may award grants to political subdivisions for the development or extension of commuter rail transit systems in this state.
85.064(2)(b)
(b) Upon completion of a planning study to the satisfaction of the department, any political subdivision may apply to the department for a grant for the purpose specified in
par. (a). No grant may be awarded under this section for a project unless the project meets the eligibility criteria established by the department under
sub. (3).
85.064(2)(c)
(c) The amount of a grant awarded under this section shall be limited to an amount equal to 50% of the portion of the project cost in excess of the federal aid funding for the project or 25% of the total project cost, whichever is less.
85.064(3)
(3) The department shall prescribe the form, nature, and extent of information that shall be contained in applications for grants under this section and shall establish criteria for evaluating applications and determining eligibility for the award of grants under this section.
85.064 History
History: 2003 a. 33.
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.
