86.31(3s)(bm)(bm) From the appropriation under s. 20.395 (2) (fq), the department shall allocate in 2023-24 amounts for county trunk highway improvements, town road improvements, and municipal street improvements so that the total funding under s. 20.395 (2) (fq) in 2023-24 is distributed among these groups at the same percentage that each group is allocated from the total funding allocated under par. (b).
86.31(3s)(c)(c) Notwithstanding sub. (4), a political subdivision may apply to the department under this subsection for reimbursement of not more than 90 percent of eligible costs of an improvement.
86.31(3t)(3t)Payments related to environmental review of local projects. Notwithstanding limitations on the amount and use of aids provided under this section, or on eligibility requirements for receiving aids under this section, and subject to any applicable interagency agreement between the department of transportation and the department of natural resources, the department of transportation may make a payment in each fiscal year to the department of natural resources to support 3.0 full-time equivalent positions in the department of natural resources related to the environmental review of local transportation projects. Notwithstanding sub. (3), any payment under this subsection shall be made from the appropriation under s. 20.395 (2) (fr) before making any other allocation of funds under sub. (3). After the department of transportation makes the payment under this subsection, the allocation of funds under sub. (3) shall be reduced proportionately to reflect the amount of the payment.
86.31(4)(4)Reimbursement for improvements. All costs of an improvement funded under this section shall be the responsibility of the political subdivision. At the completion of an improvement, the political subdivision may apply to the department for reimbursement of not more than 50 percent of eligible costs in the manner and form prescribed by the department. Eligible costs for which no reimbursement is made by the department may be paid by the political subdivision from contributions of tribal funds received from federally recognized American Indian tribes or bands in this state.
86.31(5)(5)Exceptions. Nothing in this section prevents improvements under other highway aid programs if applicable.
86.31(6)(6)Rules. The department shall promulgate rules to implement and administer the program. The rules shall include all of the following:
86.31(6)(a)(a) Criteria for county administrative responsibilities.
86.31(6)(b)(b) Reallocation of any uncommitted funds, including a procedure to reallocate uncommitted funds between counties.
86.31(6)(c)(c) Formulas and procedures for entitlements and reimbursements for each program component under sub. (3) (a) 1. to 3.
86.31(6)(d)(d) Procedures for reimbursements for county trunk highway improvements under sub. (3g), for town road improvements under sub. (3m) and for municipal street improvements under sub. (3r).
86.31(6)(e)(e) Procedures for the selection and administration of improvements.
86.31(6)(f)(f) Procedures for the establishment, administration and operation of county highway improvement program districts and county highway improvement program district committees.
86.31(6)(g)(g) Specific criteria for making determinations of cost-effectiveness under sub. (2) (d) 5. a. and procedures for review by the department of disputes relating to whether proposed work to be performed by a county highway department is cost-effective for purposes of sub. (2) (d) 5. a.
86.31(6)(h)(h) Subject to s. 59.52 (30), criteria and procedures for contracting with a county for a town road improvement that includes at least all of the following:
86.31(6)(h)1.1. A requirement that a written and sealed estimate of the cost of the improvement that includes the source of the estimate be prepared prior to the time set for the opening of bids for the improvement and not be opened until after the opening of all bids.
86.31(6)(h)2.2. A requirement that all bids may be rejected and the contract awarded to a county for the improvement if the lowest bid exceeds the cost estimate under subd. 1. by at least 10 percent and the town board notifies the 2 lowest bidders or, if only one bid was received, the bidder to provide information on the accuracy of the cost estimate under subd. 1.
86.31(6)(h)3.3. A requirement that the amount of the contract with a county for the improvement be at least 10 percent below the lowest bid received for the improvement.
86.31(6)(h)4.4. A provision that permits rebidding if the amount of the proposed contract with a county for the improvement is less than 10 percent below the lowest bid received for the improvement.
86.31(6)(i)(i) Authorization for a political subdivision to apply towards its eligible expenses for which reimbursement is not sought under sub. (4) contributions of tribal funds deriving from any source to the extent allowed under federal law.
86.31 HistoryHistory: 1991 a. 39, 269; 1993 a. 16, 437; 1997 a. 27; 1999 a. 9; 2001 a. 16; 2003 a. 33; 2005 a. 25; 2007 a. 20; 2009 a. 28; 2011 a. 32, 257; 2013 a. 49; 2015 a. 55; 2017 a. 59; 2019 a. 9; Bartlett v. Evers, 2020 WI 68, ¶¶ 4, 9, 393 Wis. 2d 172, 945 N.W.2d 685, 19-1376; 2021 a. 58, 240; 2023 a. 13, 19; s. 35.17 correction in (3o) (j), (k).
86.31 Cross-referenceCross-reference: See also ch. Trans 206, Wis. adm. code.
86.31286.312Local roads for job preservation program.
86.312(1)(1)In this section:
86.312(1)(a)(a) “Job” means an employment position providing full-time equivalent employment. “Job” does not include initial training before an employment position begins.
86.312(1)(b)(b) “Local roads” means streets under the authority of cities or villages, county trunk highways or town roads.
86.312(1)(c)(c) “Political subdivision” means any city, village, town or county.
86.312(1)(d)(d) “Population” means the number of inhabitants in the previous year determined by the department of administration under s. 16.96 (2) for purposes of revenue sharing distribution.
86.312(1)(e)(e) “Project” means the development, construction, repair or improvement of a local road.
86.312(2)(2)