Wisconsin Legislature: 002 - CR 18-065 Rule Text

TEXT OF PERMANENT RULE

SECTION 1: Trans 3.01 (2) is amended to read:

Trans 3.01 (2) The procedures prescribed in this chapter shall apply to all urban mass transit system ridership information collected during calendar year 1991 2019 and in each year thereafter.

SECTION 2: Trans 3.02 (1) is renumbered 3.02 (1m).

SECTION 3: Trans 3.02 (1) is created to read:

Trans 3.02 (1) “Department” means the Wisconsin department of transportation.

SECTION 4: Trans 3.02 (2) and (3) are amended to read:

Trans 3.02 (2) “Free fare passenger trip” means a trip on an urban mass transit system by a passenger who is any all of the following:

(a) A passenger who does not pay a fare.

(b) A passenger for whom a fare has not been paid by another or under contract or other arrangement with an urban mass transit system.

Trans 3.02 (3) “Holiday” means any one of the 6 following legal holidays: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas, or the days day officially designated for their its observance.

SECTION 5: Trans 3.02 (3m) is created to read:

Trans 3.02 (m) “Passenger” means an individual on board, boarding, or alighting a revenue transit vehicle.

SECTION 6: Trans 3.02 (4), (5), (7) and (9) are amended to read:

Trans 3.02 (4) “Passenger trip” means a revenue, transfer or free fare passenger an unlinked trip on an urban mass transit system vehicle, where “unlinked trip” has the meaning given in s. Trans 4.02 (8m).

Trans 3.02 (5) “Periods” mean the time periods during which a transit system is required to make conduct its survey for the purpose of computing average fare factors pursuant to the survey method under s. Trans 3.04. The general limits of the respective periods are: period I, March through April; period II, mid-June through mid-August; period III, mid-September through mid-November. The specific limits of these periods for any year shall be determined by the department and a notice of that determination shall be mailed to participating transit systems by January 31 of that year.

Trans 3.02 (7) “Revenue passenger trip" means a trip by a revenue passenger taken on an urban mass transit system. The transit system may include includes all routes that are generally known as express services, shuttles, trippers, route guarantees, and special contracts for routes or service that are open to the general public, unless the passenger trips on the routes are paid for and reported by another urban mass transit system receiving state transit aids under s. 85.20, Stats. Revenue passenger trips on specialized subsystems shall be included to the extent that the subsystem’s operating expenses are included in the mass transit system's program under s. 85.20, Stats. If the a subsystem's operating expenses are not fully supported by the participating urban mass transit system, then the revenue passenger trip figures from the subsystem shall be in proportion to the transit system's share of the subsystem's operating deficit.

Trans 3.02 (9) “Specialized subsystem” means a transportation service operated as a separate part of an urban mass transit system and which provides transportation exclusively for the disabled and elderly seniors and individuals with disabilities. The specialized subsystem may be operated directly by the urban mass transit system or by a public or private transportation provider under contract to the urban mass transit system receiving funds under s. 85.20, Stats.

SECTION 7: Trans 3.03 (1) (b), (3) (c) and (3) (f) are amended to read:

Trans 3.03 (1) (b) By dividing the system's annual fare revenue by the system’s per-passenger tariff if the system has established and applied a uniform fare for each passenger using the system during the calendar year, and after accounting separately for elderly seniors and disabled individuals with disabilities, transfer and free fare passenger trips and passenger trips on specialized subsystems.

Trans 3.03 (3) (c) Children boarding free because they are under a certain age established by the transit system and accompanied by an adult, or because they meet other special conditions, shall be counted as free fare passengers.

Trans 3.03 (3) (f) Transit riders using special subsystems exclusively for elderly seniors and disabled riders individuals with disabilities shall be counted separately from and included in a transit system's revenue passenger trips. Revenue passenger trips on special subsystems shall be determined by an actual count; or, if the subsystem is operated under contract to the urban mass transit system, the passenger trip figures reported shall be in direct proportion to the urban mass transit system's contribution to the special subsystem's total expenses. Alternative methods for counting transit riders under this paragraph may be used if expressly approved in writing by the department and then only if the department is satisfied that the alternative method does not adversely affect the statistical reliability, validity and comparability of the data collected pursuant to the variant procedures.

SECTION 8: Trans 3.04 (3) (e) and (4) (c) are amended to read:

Trans 3.04 (3) (e) Special fare day. Revenue passenger trips on days when a special tariff is in effect shall be established by taking actual revenue passenger counts during the entire period in which the special tariff applies, unless the special fare is the same for all riders. If the special fare is the same for all riders, revenue passenger trips may be determined by dividing total special fare day revenues by the per-rider fare. On free fare days sponsored by the subsidizing governmental units, no revenue is recorded and no revenue passenger trips may be counted. On free fare or reduced fare days sponsored by an agency that actually pays the fare of those riding, a revenue may be recorded and the actual number of passengers counted may be included as revenue passengers.

Trans 3.04 (4) (c) An urban mass transit system may estimate pass ridership by multiplying the number or of each type of pass sold by the average number of passenger trips taken per pass during the time period for which the pass is valid. The average number of passenger trips taken by pass riders shall be estimated at least once every 3 years by a survey method approved by the department or when a change in a system's fare structure may significantly alter the average use of passes.

SECTION 9: Trans 4 Table of Contents is amended to read:

Trans 4.08 State aid contracts grant agreements

SECTION 10: Trans 4.02 (1) is renumbered 4.02 (1h).

SECTION 11: Trans 4.02 (1d) and Trans 4.02 (1p) are created to read:

Trans 4.02 (1d) “Capital equipment” means non-expendable personal property for use in the provision of public transportation service and having:

(a) an anticipated useful life of one year or more; and

(b) an acquisition cost of $5,000 or more per unit.

Trans 4.02 (1p) “Job access and reverse commute project” means a transportation project to finance planning, capital, or operating costs that support the development and maintenance of transportation services designed to transport welfare recipients and low-income individuals to and from jobs and employment-related activities, including transportation projects that facilitate the provision of public transportation services from rural and urbanized areas to suburban employment locations, where:

(a) “low-income individual” means an individual whose family income is at or below 150 percent of the poverty line, as that term is defined in Section 673(2) of the Community Services Block Grant Act, 42 U.S.C. 9902(2), including any revision required by that section, for a family of the size involved; and

(b) “welfare recipient” means an individual who has received assistance under a State or tribal program funded under part A of title IV of the Social Security Act, 42 U.S.C. 601 et seq., at any time during the previous three-year period.

SECTION 12: Trans 4.02 (1r) is renumbered Trans 4.02 (1t) and, as renumbered, is amended to read:

Trans 4.02 (1t) “Joint-use facility” means a facility that is shared by the public transit operation a mass transit system and at least one other business.

SECTION 13: Trans 4.02 (2) is amended to read:

Trans 4.02 (2) “Local public bodies body” are defined to be means:

(a) Counties, municipalities or towns, or agencies thereof A county or municipality as defined in s. 59.001, Stats.;

(b) Transit A transit or transportation commissions or authorities commission or authority, and or a public corporations corporation established by law or by interstate compact to provide mass transportation services and facilities; or,

SECTION 14: Trans 4.02 (3) is repealed and recreated to read:

Trans 4.02 (3) “Mass transit system” has the meaning given in s. 85.20 (1) (e), Stats., and additionally may include specialized transportation subsystems for seniors and individuals with disabilities, but does not include transportation services exclusively for a subgroup of the general public.

SECTION 15: Trans 4.02 (3g) and (3r) are created to read:

Trans 4.02 (3g) “Operating deficit” means the amount by which the total operating expenses incurred in the operation of a mass transit system exceeds the amount of operating revenues derived therefrom.

Trans 4.02 (3r) “Operating revenues” means income that accrues to a mass transit system by virtue of its operations, excluding any income derived from the sale of charter service or the hauling of freight.

SECTION 16: Trans 4.02 (4) is amended to read:

Trans 4.02 (4) “Private provider” means a privately owned entity that owns facilities or revenue passenger vehicles used to provide transit service is paid by an eligible applicant to provide transit service on its behalf.

SECTION 17: Trans 4.02 (4m) is created to read:

Trans 4.02 (4m) “Project year” means a calendar year in which an eligible applicant executes a public transit project receiving funding under s. 85.20, Stats.

SECTION 18: Trans 4.02 (5m), (7) and (8m) are amended to read:

Trans 4.02 (5m) “Revenue hours” means hours in which a mass transit vehicle is operating in revenue service, such as being available to pick up or discharge passengers times when an eligible applicant’s revenue passenger vehicle operates during advertised hours of service, plus any additional times during which it transports revenue paying passengers, travels to its base destination at the end of daily operation, or undergoes a pre-trip inspection.

Trans 4.02 (7) “Shared-ride taxicab" means a taxicab legally able to simultaneously transport passengers having different origins, or different destinations, or both.

Trans 4.02 (8m) “Unlinked trip” means a trip beginning when a passenger boards the vehicle and ending when the passenger alights from the vehicle, even though if the passenger may have to transfer transfers to another vehicle to complete his or her journey reach a destination.

SECTION 19: Trans 4.02 (10m) is created to read:

Trans 4.02 (10m) “Urbanized area” means an area of the state so defined by the U.S. bureau of the census.

SECTION 20: Trans 4.04 (1) and (2) are amended to read:

Trans 4.04 (1) Eligible project costs are limited to the operating expenses of an urban mass transit system, including labor, fringe benefits, materials and supplies, utilities, insurance, purchased transportation services, license fees and lease expenses. For publicly owned mass transit systems, the only the wages and fringe benefits that shall be considered eligible project costs are those of those employees whose activities are directly related to the day-to-day operation of the system shall be considered eligible project costs. If those the employees do not work full time on transit, only expenses related to that portion of their time spent on transit shall be considered eligible costs. For services provided by private transportation providers operating under mass transit contracts, eligible project costs may include profit, return on investment, interest on short term debt obligation, and depreciation of facilities and capital equipment used directly for the provision of urban mass transit services, provided that the facilities and equipment were acquired without benefit of public financial assistance. If a facility is a joint-use facility, depreciation costs for only of that portion of the facility used in the provision of urban mass transit services are is an eligible project costs cost. For shared-ride taxicab services provided by private transportation providers operating under mass transit system contracts, eligible project costs may include management administrative fees the eligible applicant incurs in the course of satisfying state and federal requirements.

Trans 4.04 (2) Eligible project costs may include the costs of user-side subsidies provided to disabled persons individuals with disabilities. User contributions to the user-side subsidy service are considered eligible project costs in accordance with s. 85.20 (3m) (b), Stats.

SECTION 21: Trans 4.04 (3) is created to read:

Trans 4.04 (3) If the recipient contracts for mass transit service with a private provider, the recipient shall execute a formal written contract with the provider. Only costs incurred under a properly executed written contract shall be considered eligible project costs.

SECTION 22: Trans 4.04 (4) is amended to read:

Trans 4.04 (4) (a) If urban mass transit service is provided under a local public body contract with a private provider chosen following advertisement for competitive bids, eligible project costs may include profit, return on investment, and depreciation of facilities and capital equipment used directly for the provision of urban mass transit services, provided that the facilities and equipment were acquired without benefit of public financial assistance. If a facility is a joint-use facility, depreciation costs for only of that portion of the facility used in the provision of urban mass transit services are is an eligible project costs cost. If transit services are competitively bid, eligible project costs are eligible project costs only if the eligible applicant uses the competitive bid process set forth in par. (b), and these costs may only include costs those associated with the bid accepted by the local public body. If transit services are competitively bid, no costs shall be eligible project costs unless the eligible applicant uses the competitive bid process set forth in par. (b). A contract awarded to a private provider following the competitive bid process may not exceed 5 years in length.

(b) Eligible applicants shall use the following competitive bid process:

1. An eligible applicant shall prepare a “request for qualifications proposal” document. That The document shall request expressions of interest from providers, shall and describe essential provider qualifications and shall describe criteria for evaluating the provider those qualifications. The eligible applicant shall send the request for qualifications document to all providers of passenger transportation services, either for the general public or for elderly or disabled persons, operating within the service area of the applicant post the document, along with any ancillary documents, on the department of administration’s statewide goods and services electronic purchasing system website. The eligible applicant shall also cause an appropriate notice of the request for qualifications to be published in a local newspaper of general circulation.

2. If only one qualified provider expresses interest in providing the eligible public transportation service, the eligible applicant may negotiate a contract with that provider. The negotiated contract shall be subject to the department's approval.

3. If 2 or more qualified providers express interest in providing the eligible public transportation service, the eligible applicant shall send each party a “request for proposal” document. The document shall describe the eligible public transportation service requirements and the criteria that shall be used in evaluating the bid proposals rank each provider on the criteria set forth in the request for proposal.

4. When a publicly owned mass transit system responds to a request for proposal issued by a local public body under subd. 3., the cost proposal shall include an analysis of fully allocated costs that will be used as the basis for evaluating costs when ranking proposals. The analysis shall include all of the system's costs measured in accordance with generally accepted accounting principles, regardless of whether these costs are otherwise paid for through other public financial assistance, including operating subsidies and capital grants. When the public body which owns the mass transit system has prepared a cost allocation plan in accordance with United States office of management and budget circular A-87, or OMB circular A-87 2 CFR 200, costs of the mass transit system shall be allocated in accordance with that plan. When the mass transit system has not prepared a cost allocation plan in accordance with OMB circular A-87 2 CFR 200, costs which are allocable to the mass transit system shall be determined using the principles outlined in OMB circular A-87 2 CFR 200. Expenses of the mass transit system shall be allocated to segments of service considered using the following categories:

a. Costs that depend on the number of vehicle hours operated, including particular operators operators’ salaries and fringe benefits.

b. Costs that depend on the number of vehicle miles traveled, including fuel costs, maintenance costs and maintenance personnel salaries and fringe benefits.

c. Costs that depend on the maximum number of vehicles that are in service during the day, including administrative and capital costs.

5. The “request for qualifications” and the “request for proposal” may be combined and sent to transportation providers as one document.

6. When a contract is awarded based on bids for purposes of state aids, the The proposed costs in an awarded bid shall be reduced by an allowance for operating and capital costs subsidized through other state and federal grants.

7. An eligible applicant shall establish an appropriate procedure for resolving bid proposal complaints and conflicts, and shall include the procedure in its request for proposal.

(c) If a local public body contracts for urban mass transit service with a private provider on the basis of negotiated procurement, eligible operating expenses may include as costs depreciation of facilities and capital equipment used directly for the provision of urban mass transit services, provided that the facilities and equipment were acquired without benefit of public financial assistance. If a facility is a joint-use facility, depreciation costs for only of that portion of the facility used in the provision of urban mass transit services are is an eligible project costs cost.

Note: Copies of the OMB Circular A−87 may be obtained, without cost, by writing to the Division of Transportation Investment Management, Bureau of Transit and Local Roads, Room 951, P. O. Box 7913, Madison, WI 53707−7913. A copy of this document is also on file with the offices of the Secretary of State, and the Legislative Reference Bureau.

SECTION 23: Trans 4.04 (5) (q), (r), (t), (x) and (z) are amended to read:

Trans 4.04 (5) (q) Indirect transit-related Expenses for general public administration functions or activities of regional or local entities performed as a normal or direct aspect of general public administration that are not transit-related.

Trans 4.04 (5) (r) Expenses for contingencies or capital acquisitions, including contributions to a capital reserve account or fund. For purposes of determining eligible operating expenses, capital acquisitions are defined as the purchase of non-expendable personal property with a useful life of more than one year and an acquisition cost of $1,000 or more per unit. The cost of materials and supplies utilized in facility or vehicle repairs, regardless of cost, shall be considered as eligible operating costs so long as such repairs involve replacement of existing items.

Trans 4.04 (5) (t) Fees imposed upon a contracted service provider by the recipient public body, such as taxi taxicab license fees.

Trans 4.04 (5) (x) Expenses for the direct operation of private or public transit van pools, except public van pool administrative and marketing expenses associated with the public transit van pool program.

Trans 4.04 (5) (z) For transit systems providing services outside of their jurisdictional boundaries, expenses related to services which duplicate those provided by another public mass transit system in terms of geographic area served, hours operated, frequency of service and passenger boarding and alighting locations. Decisions on duplication of service shall be made by the department, after consultation with the affected public bodies.

SECTION 24: Trans 4.04 (5) (aa) is created to read:

Trans 4.04 (5) (aa) Job access and reverse commute project expenses, except in cases where the recipient’s grant agreement with the department explicitly authorizes use of funds for such project(s).

SECTION 25: Trans 4.05 is amended to read:

Trans 4.05 State share of eligible project costs.