84.01(30)
(30) Build-operate-lease or transfer agreements. The department may enter into build-operate-lease or transfer agreements with private entities for the construction of transportation projects, including any projects to be financed under
s. 84.59 for transportation administrative facilities under
s. 84.01 (28) and, for projects that are not purchased by the state upon their completion, for the maintenance and operation of such projects. A project under this subsection may be constructed on state-owned land. An agreement under this subsection may not be entered into unless the department determines that the agreement advances the public interest, and the private entity has prior experience in design, construction, site development and environmental impact analysis and, for a project that is not expected to be purchased by the state upon its completion, has the capability of maintaining and operating the facility upon completion of the project. The following provisions shall be contained in any build-operate-lease or transfer agreement under this subsection, except that they shall be included in an agreement for a sale of property under
par. (g) 3. only if they are relevant to that sale:
84.01(30)(a)
(a) A provision specifying that title is held by the private entity until title is transferred to the department pursuant to a lease with option to purchase at the appraised value or purchase at the appraised value of the constructed project upon its completion.
84.01(30)(b)
(b) If the agreement contains a lease that provides for payments to be made by the state from moneys that have not been appropriated at the time that the agreement is entered into, a provision containing the statement required under
s. 16.75 (3).
84.01(30)(c)
(c) A provision specifying that the project shall be constructed in accordance with requirements and specifications approved by the department of administration or, if the project is not a transportation administrative facility, approved by the department of transportation.
84.01(30)(d)
(d) A provision permitting inspection by agents of the department of transportation until title transfers as provided under
par. (a) or by agents of the department of administration during construction.
84.01(30)(e)
(e) If applicable, a provision specifying that any operation and maintenance under the agreement by the private entity shall be conducted in accordance with requirements and specifications approved by the department.
84.01(30)(f)
(f) A provision establishing a mechanism for the resolution of disputes.
84.01(30)(g)1.1. In this paragraph, "park-and-ride facility" means a facility with a parking lot and, within a reasonable walking distance, a station or transfer point where commuters access a mass transit system.
84.01(30)(g)2.
2. If the department determines that such a provision advances the public interest, a provision exempting the private entity from the restrictions under
ss. 84.25 (11) and
86.19 (1), and specifying any requirements that the department determines will practicably advance the purposes of
ss. 84.25 (11) and
86.19 (1). This subdivision applies only to park-and-ride facilities.
84.01(30)(g)3.
3. Notwithstanding any other statute except
ss. 13.48 (14) (am) and
16.848 (1), the department may sell, at the appraised value, the real estate upon which a park-and-ride facility is or may be located, if the department determines that the sale is in the best interests of the public and the department determines that the real estate will be used in a manner consistent with the state's transportation interests.
84.01(31)
(31) Accommodation of utility facilities within highway rights-of-way. Notwithstanding
ss. 84.06 (4),
84.063,
84.065, and
84.093, the department may, upon finding that it is feasible and advantageous to the state, negotiate and enter into an agreement to accept any plant or equipment used for the conveyance, by wire, optics, radio signal, or other means, of voice, data, or other information at any frequency over any part of the electromagnetic spectrum, or to accept any services associated with the collection, storage, forwarding, switching, and delivery incidental to such communication, as payment for the accommodation of a utility facility, as defined in
s. 84.063 (1) (b), within a highway right-of-way. Any agreement under this subsection is exempt from
ss. 16.70 to
16.75,
16.755 to
16.82, and
16.85 to
16.89, but
ss. 16.528,
16.752, and
16.754 apply to such agreement.
84.01(32)
(32) Confidentiality of bidder information. 84.01(32)(a)(a) The department may not disclose to any person any information requested by the department for the purpose of complying with
49 CFR 26, as that section existed on October 1, 1999, that relates to an individual's statement of net worth, a statement of experience, or a company's financial statement, including the gross receipts of a bidder.
84.01(32)(b)
(b) This subsection does not prohibit the department from disclosing information to any of the following persons:
84.01(32)(b)2.
2. Any person who has the written consent of the person to whom the information relates to receive such information.
84.01(32)(b)3.
3. Any person to whom
49 CFR 26, as that section existed on October 1, 1999, requires or specifically authorizes the department to disclose such information.
84.01(33)
(33) Highway project design inventory. By July 1, 2014, and continuously thereafter, the department shall maintain an inventory of completed designs for highway projects such that the estimated costs of the inventory of projects for each program is not less than 30 percent of the annual amount of funding provided to each program. The department shall maintain an inventory for each of the following:
84.01(34)
(34) Farmland preservation exemption. Chapter 91 and ordinances adopted, rules promulgated, and agreements entered into under that chapter apply to the department only with respect to buildings, structures, and facilities to be used for administrative or operating functions, including buildings, land, and equipment to be used for the motor vehicle emission inspection and maintenance program under
s. 110.20.
84.01(35)(b)
(b) Except as provided in
par. (c), and notwithstanding any other provision of this chapter or
ch. 82,
83, or
85, the department shall ensure that bikeways and pedestrian ways are established in all new highway construction and reconstruction projects funded in whole or in part from state funds or federal funds appropriated under
s. 20.395 or
20.866.
84.01(35)(c)
(c) The department shall promulgate rules identifying exceptions to the requirement under
par. (b), but these rules may provide for an exception only if any of the following apply:
84.01(35)(c)1.
1. Bicyclists or pedestrians are prohibited by law from using the highway that is the subject of the project.
84.01(35)(c)2.
2. The cost of establishing bikeways or pedestrian ways would be excessively disproportionate to the need or probable use of the bikeways or pedestrian ways. For purposes of this subdivision, cost is excessively disproportionate if it exceeds 20 percent of the total project cost. The rules may not allow an exception under this subdivision to be applied unless the secretary of transportation, or a designee of the secretary who has knowledge of the purpose and value of bicycle and pedestrian accommodations, reviews the applicability of the exception under this subdivision to the particular project at issue.
84.01(35)(c)3.
3. Establishing bikeways or pedestrian ways would have excessive negative impacts in a constrained environment.
84.01(35)(c)4.
4. There is an absence of need for the bikeways or pedestrian ways, as indicated by sparsity of population, traffic volume, or other factors.
84.01(35)(c)5.
5. The community where pedestrian ways are to be located refuses to accept an agreement to maintain them.
84.01(36)(a)(a) In this subsection, "sponsor" means any person, whether public or private, that enters into an agreement with the department under
par. (b).
84.01(36)(b)
(b) Notwithstanding
ss. 86.19 (1) and
86.191 (1), the department may enter into sponsorship agreements under which the department displays advertising, promotional, or sponsorship material, or other information, associated with the sponsor at locations owned or controlled by the department in exchange for the sponsor's payment of fees or provision of services to the department. Sponsorship agreements may include sponsor recognition placed on such property of the department as department documents, highway maps, the department's Internet site, department vehicles, and equipment owned or controlled by the department.
84.01(36)(d)
(d) All fees received under this subsection shall be deposited in the general fund and credited to the appropriation account under
s. 20.395 (3) (eg).
84.01(36)(e)
(e) For each agreement under
par. (b), the contract shall be awarded on the basis of competitive proposals in accordance with procedures established by the department. Requests for proposals shall be advertised in the manner determined by the department. Each contract shall be awarded to the person submitting the most advantageous competitive proposal as determined by the department. If the proposal of the person submitting the most advantageous competitive proposal is determined by the department to be less than the estimated reasonable value to the department or not in the public interest, the department may reject all proposals. The secretary shall enter into each contract on behalf of the state. Every such contract is exempted from
ss. 16.70 to
16.75,
16.755 to
16.82,
16.87, and
16.89, but
ss. 16.528,
16.752,
16.753, and
16.754 apply to the contract.
84.01 History
History: 1971 c. 40,
125;
1973 c. 12;
1973 c. 243 s.
82;
1975 c. 189;
1977 c. 29 ss.
918 to
924,
1654 (1), (8) (a), (f),
1656 (43);
1977 c. 190,
272;
1979 c. 221,
314;
1981 c. 346 s.
38;
1983 a. 27,
130;
1985 a. 29,
300;
1987 a. 27;
1989 a. 31,
125,
345;
1993 a. 246;
1995 a. 225,
338;
1997 a. 27,
106;
1999 a. 9;
2001 a. 16;
2005 a. 25,
89,
392,
410;
2007 a. 20,
97,
125;
2009 a. 28;
2011 a. 32,
167;
2013 a. 20.
84.011
84.011
Who to sign contracts. The secretary, or the secretary's designees, may sign and execute in the name of the department any conveyance or any contract or agreement with the federal government or its departments, subdivisions of this state, other states or subdivisions of other states, corporations, limited liability companies, associations, partnerships and individuals.
84.012
84.012
Setoffs. All amounts owed by this state under this chapter are subject to being set off under
s. 73.12.
84.012 History
History: 1985 a. 29.
84.013
84.013
Highway projects. 84.013(1)(a)
(a) "Major highway project" means a project, except a project providing an approach to a bridge over a river that forms a boundary of the state, a high-cost state highway bridge project under
s. 84.017, or a southeast Wisconsin freeway megaproject under
s. 84.0145, that satisfies any of the following:
84.013(1)(a)1m.
1m. The project has a total cost of more than $30,000,000, subject to adjustment under
sub. (2m), and involves any of the following:
84.013(1)(a)1m.b.
b. Reconstructing or reconditioning an existing highway by either relocating 2.5 miles or more of the existing highway or adding one or more lanes 5 miles or more in length to the existing highway.
84.013(1)(a)1m.c.
c. Improving to freeway standards 10 miles or more of an existing divided highway having 2 or more lanes in either direction.
84.013(1)(a)2m.
2m. The project has a total cost of more than $75,000,000, subject to adjustment under
sub. (2m), and is not described in
subd. 1m.
84.013(1)(b)
(b) "Reconditioning" means work in addition to resurfacing. "Minor reconditioning" includes pavement widening and shoulder paving. "Major reconditioning" includes improvement of an isolated grade, curve, intersection or sight distance problem to improve safety. Major reconditioning projects may require additional property acquisition.
84.013(1)(c)
(c) "Reconstruction" means total rebuilding of an existing highway to improve maintainability, safety, geometrics and traffic service. It is accomplished basically on existing alignment, and major elements may include flattening of hills and grades, improvement of curves, widening of the roadbed, and elimination or shielding of roadside obstacles. Normally reconstruction will require additional property acquisition.
84.013(1)(d)
(d) "Resurfacing" means placing a new surface on an existing highway to provide a better all-weather surface and a better riding surface, and to extend or renew the pavement life. It generally involves no improvement in capacity or geometrics. Resurfacing may include some elimination or shielding of roadside obstacles, culvert replacements, signals, marking, signing and intersection improvements. Usually no additional property acquisition is required; except possible minor acquisition for drainage and intersection improvements.
84.013(2m)
(2m) The department shall annually adjust the amounts specified in
sub. (1) (a) 1m. and
2m. to reflect the annual change in the Wisconsin Department of Transportation Price Index, Yearly Moving Average, as maintained by the department or, if at any time the department no longer maintains this index, another suitable index as determined by the department. Beginning in 2012, prior to October 1 of each year, the department shall compute the annual adjustment required under this subsection and shall publish the new adjusted amount applicable under
sub. (1) (a) 1m. and
2m., which amount shall become effective on October 1 of that year. The department may not adjust the amounts specified in
sub. (1) (a) 1m. and
2m. to an amount less than that specified in
sub. (1) (a) 1m. and
2m.
84.013(3)
(3) The department may proceed with construction of the following major highway projects:
84.013(3)(ab)
(ab) STH 11 extending approximately 7.6 miles from west of Burlington to STH 36/83 east of Burlington, designated as the Burlington bypass, in Walworth and Racine counties.
84.013(3)(ac)
(ac) USH 12 extending approximately 11.6 miles from the junction of USH 12 and I 90/94 to approximately 0.75 miles south of Ski Hi Road in Sauk County.
84.013(3)(ae)
(ae) USH 53 extending approximately 6.2 miles between I 90 and USH 14/61 near 7th Street in La Crosse, La Crosse County.
84.013(3)(ag)
(ag) STH 57 extending approximately 17.3 miles from the junction of STH 57 with CTH "A" to STH 42 in Kewaunee and Door counties.
84.013(3)(ai)
(ai) USH 141 extending approximately 15.4 miles between Lemere Road and 6th Road in Oconto and Marinette counties.
84.013(3)(bd)
(bd) I 39/90 extending approximately 45 miles from USH 12/18 in Dane County to the Illinois-Wisconsin state line in Rock County.
84.013(3)(bh)
(bh) STH 38 extending approximately 9 miles from CTH "K" in Racine County to Oakwood Road in Milwaukee County.
84.013(3)(bp)
(bp) USH 10 and USH 10/STH 441 extending approximately 5 miles from CTH "CB" in Winnebago County to Oneida Street in Calumet County.
84.013(3)(bt)
(bt) STH 15 extending approximately 11 miles from STH 76 to USH 45, near New London, in Outagamie County.
84.013(3)(kg)
(kg) STH 16 and STH 16/67 extending approximately 7.4 miles from the junction of STH 16 with the Rock River to the STH 16/67 interchange east of Oconomowoc, designated as the Oconomowoc bypass, in Jefferson and Waukesha counties.
84.013(3)(km)
(km) USH 53 extending approximately 7.5 miles between USH 53 south of the USH 53/STH 93 interchange in Eau Claire and the USH 53/STH 124 interchange south of Chippewa Falls, designated as the Eau Claire Freeway, in Eau Claire and Chippewa counties.
84.013(3)(pm)
(pm) STH 26 extending approximately 48 miles between I 90 in Janesville and STH 60 north of Watertown in Rock, Jefferson, and Dodge counties.
84.013(3)(ps)
(ps) I 39/USH 51 extending approximately 8 miles from south of Fox Glove Road to north of Bridge Street, designated as the Wausau beltline, in Marathon County.
84.013(3)(ra)
(ra) STH 23 between STH 67 and USH 41 in Sheboygan and Fond du Lac counties.
84.013(3)(rb)
(rb) The Rock County transportation plan, consisting of STH 11 extending southeasterly approximately 6.1 miles between STH 11 west of Janesville and the intersection of USH 51 and STH 351, designated as the Janesville bypass, and STH 81 and STH 213 extending southerly approximately 2.5 miles between STH 213 west of Beloit and the state line, designated as the Beloit bypass, in Rock County.
84.013(3)(re)
(re) USH 12 extending approximately 18.2 miles between the USH 12/14 interchange area in Middleton and STH 60 in Dane and Sauk counties.
84.013(3)(rj)
(rj) STH 64 extending approximately 14.3 miles between STH 64 northeast of Houlton and STH 65 east of New Richmond, designated as the Houlton to New Richmond project, in St. Croix County.
84.013(3)(rm)
(rm) USH 151 between CTH "D" and STH 149, designated as the Fond du Lac bypass, in Fond du Lac County.
84.013(3)(tc)
(tc) USH 12 extending between USH 12 approximately 1.5 miles northwest of Whitewater and USH 12 approximately 1.0 mile east of CTH "P", designated as the Whitewater bypass, in Jefferson and Walworth counties.
84.013(3)(tr)
(tr) STH 110 between USH 41 and approximately 1.5 miles north of STH 116 in Winnebago County.
84.013(3)(xb)
(xb) USH 151 between the south interchange with STH 73 south of Columbus and USH 41 at Fond du Lac.
84.013(3)(ye)
(ye) USH 10 between Appleton and Marshfield, in Winnebago, Outagamie, Waupaca, Portage and Wood counties.
84.013(3)(zb)
(zb) USH 41 extending from 1.5 miles south of Frog Pond Road in Oconto County to 1.3 miles north of Schacht Road in Marinette County.
84.013(3)(zd)
(zd) USH 14 from approximately 2 miles west of Westby to 1.5 miles south of Viroqua in Vernon County.
84.013(3)(zh)
(zh) USH 18 from Main Street in the city of Prairie du Chien to STH 60 in the town of Bridgeport in Crawford County.
84.013(3)(zp)
(zp) USH 41 from 0.5 miles south of STH 26 to 0.5 miles north of Breezewood Lane in the city of Neenah in Winnebago County.
84.013(3)(zt)
(zt) USH 41 from Orange Lane in the town of Lawrence, one mile south of CTH "F" to CTH "M" in Brown County.
84.013(3m)(c)(c) The department shall complete the design work for any major highway project involving STH 57 between CTH "A" near Dyckesville and STH 42 in Kewaunee and Door counties by December 31, 2003.
