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. For purposes of this subsection, "bicycle and pedestrian facilities" do not include sidewalks or street beautification measures. The department shall award from the appropriation under
s. 20.395 (2) (ox) grants to political subdivisions under this section. The department may, from the appropriation under
s. 20.395 (2) (oq), supplement the amount of these grants. A political subdivision that is awarded a grant under this section shall contribute matching funds equal to at least 20 percent of the amount awarded under this section. Any improvement project for which a political subdivision receives a grant under this section shall be let by contract based on bids and the contract shall be awarded to the lowest competent and responsible bidder.
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.
85.025 Cross-reference
Cross-reference: See also ch.
Trans 209, Wis. adm. code.
85.026
85.026
Transportation enhancement activities program. 85.026(1)(a)
(a) "Political subdivision" means any city, village, town or county.
85.026(2)
(2) Program. The department may administer a program to award grants of assistance to any political subdivision or state agency, as defined in
s. 20.001 (1), for transportation enhancement activities consistent with federal regulations promulgated under
23 USC 133 (b) (8). The grants shall be awarded from the appropriations under
s. 20.395 (2) (nv) and
(nx). The department may, from the appropriation under
s. 20.395 (2) (oq), supplement the amount of these grants for grants awarded for transportation enhancement activities involving bicycle and pedestrian facilities eligible for assistance under
s. 85.024 (2).
85.026 History
History: 1997 a. 27; 1999 a 9;
2009 a. 28.
85.027
85.027
Traffic marking enhancement grants. 85.027(1)(1)
Administration. Subject to
2003 Wisconsin Act 33, section 9153 (4q), the department shall administer a program to provide grants to local units of government for the installation of traffic marking enhancements with the intent of improving visibility for elderly drivers and pedestrians. The enhancements may include pavement markings for center lines, lane lines, edge lines, lane-use arrows, and cross walks that are brighter or more reflective than the markings that are typically used, traffic signs with enhanced reflectivity and with larger letters than are typically used, redundant street name signs in advance of intersections, and overhead mounted street name signs at major intersections.
85.027(2)(a)(a) A local unit of government that is awarded a grant under this section shall contribute matching funds equal to at least 25% of the total estimated cost of the project for which moneys are awarded under this section.
85.027(2)(b)
(b) The department shall award grants annually to at least one project in each of the following:
85.027(2)(c)
(c) The department shall consider the following in awarding a grant for a proposed project:
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.
85.029
85.029
Safe routes to school program. 85.029(2)
(2) The department may administer a safe routes to school program to award grants of assistance as provided in
subs. (3) and
(4). The department may award to the same recipient grants under both
subs. (3) and
(4).
85.029(3)
(3) The department may award grants under this section to any political subdivision or state agency for infrastructure-related projects, as described in
P.L. 109-59, section 1404 (f) (1).
85.029(4)
(4) The department may award grants under this section to any state agency, county, local governmental unit, Indian tribe, or private nonprofit organization for noninfrastructure-related activities, as described in
P.L. 109-59, section 1404 (f) (2).
85.029(5)
(5) If the department establishes a program under this section, the program shall be consistent with
P.L. 109-59, section 1404, and any regulation adopted under
P.L. 109-59, section 1404.
85.029 History
History: 2007 a. 20.
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. Subject to
s. 85.62, 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.
85.04
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). This section does not apply to major highway projects identified in
s. 84.013 (3) (ad).
85.05 Cross-reference
Cross-reference: See also ch.
Trans 210, 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, between the cities of Milwaukee and Green Bay, between the cities of Milwaukee and Chicago, between the cities of Madison and Eau Claire, and between the cities of Madison and La Crosse. 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.
