6. The technical proposal or cost proposal submitted by the design-builder who received the notice of intent to award a contract is not responsive to the request for proposals, contains conditions or qualifications not provided for in the request for proposals, or does not assign costs to all services identified in the technical proposal or is otherwise materially unbalanced.
(c) If the office prevails upon judicial review, following any protest and appellate court proceedings, the office shall be entitled to recover all costs and charges included in the final order or judgment, excluding attorney fees. Upon payment of costs and charges by the protester, the bond shall be returned. If the protesting party prevails, the protesting party shall be entitled to recover from the office all costs and charges included in the final order or judgment, excluding attorney fees. The entire amount of the bond shall be forfeited if the hearing officer determines that a protest was filed for a frivolous or improper purpose, including but not limited to the purpose of harassing, causing unnecessary delay, or causing needless cost for the office or parties.
(14) Deliverables. (a) No later than 3 months after the effective date of this section .... [LRB inserts date], the office shall prepare a report that establishes a program structure for delivering projects as required under this subsection. The report shall specify the types of highway improvement projects to be considered and procedures and timelines for the bid process. The office cannot designate a highway improvement project as a design-build project prior to the completion of the report.
(b) No later than 6 months after the effective date of this section .... [LRB inserts date], the office shall prepare a design-build procurement manual that incorporates the requirements under this subsection and any applicable requirements under federal law. The manual shall be created by a committee that includes all of the following members:
1. The director.
2. Two employees of the department who represent the division of the department responsible for transportation project development and who each have not less than 5 years of experience in the transportation construction industry.
3. One person representing a state association of transportation architectural, engineering, or design companies to be nominated by the governor and appointed with the advice and consent of the senate.
4. One person representing a state association of transportation construction companies to be nominated by the governor and appointed with the advice and consent of the senate.
5. One person representing a national trade group with a design-build certification program and experience in assisting states with the implementation of a design-build program to be nominated by the governor and appointed with the advice and consent of the senate.
(c) No later than December 31, 2026, the office shall submit a report the joint committee on finance and the senate and assembly standing committees having jurisdiction over transportation matters summarizing observations of the process utilized for alternative project delivery methods and describing the effectiveness of the alternative project delivery methods contracting procedures. The report shall include discussion on scope of work, history of projects selected, evaluation criteria, selection process, contract administration, work progression, time and cost comparisons between the traditional contracting method and alternative delivery methods, claims, and changes.
(d) No later than 6 months after receipt of the report required under par. (c), the joint committee on finance shall determine whether the alternative project delivery pilot program was successful in providing the department with additional tools that allow innovation, reduced project completion time, cost certainty, or reduced cost or other advantages or benefits and shall make a recommendation to the legislature as to whether the pilot program should be made permanent.
9,1082
Section
1082. 84.59 (6) of the statutes is amended to read:
84.59 (6) The building commission may contract revenue obligations when it reasonably appears to the building commission that all obligations incurred under this section can be fully paid from moneys received or anticipated and pledged to be received on a timely basis. Except as provided in this subsection, the principal amount of revenue obligations issued under this section may not exceed $4,055,372,900, excluding any obligations that have been defeased under a cash optimization program administered by the building commission, to be used for transportation facilities under s. 84.01 (28) and major highway projects for the purposes under ss. 84.06 and 84.09. In addition to the foregoing limit on principal amount, the building commission may contract revenue obligations under this section up to $142,254,600, excluding any obligations that have been defeased under a cash optimization program administered by the building commission, to be used for transportation facilities under s. 84.01 (28) and major highway projects for the purposes under ss. 84.06 and 84.09. In addition to the foregoing limit limits on principal amount, the building commission may contract revenue obligations under this section as the building commission determines is desirable to refund outstanding revenue obligations contracted under this section, to make payments under agreements or ancillary arrangements entered into under s. 18.55 (6) with respect to revenue obligations issued under this section, and to pay expenses associated with revenue obligations contracted under this section.
9,1082m
Section 1082m. 85.0203 of the statutes is created to read:
85.0203 Mileage-based fees and tolling. (1) The department shall expend not more than $2,500,000 to enter into a contract with a firm for the study of, and preparation of a report regarding, the policies, procedures, and operations needed to implement mileage-based fees and tolling and for the preparation of a traffic and revenue analysis associated with these fees and tolls. No later than December 1, 2022, the firm conducting the study and preparing the analysis under this subsection shall report its findings to the department and the legislature under s. 13.172 (2).
(2) The department shall, in its next subsequent biennial budget request under s. 16.42 following submission of the report under sub. (1), include a recommendation regarding mileage-based fees and tolling.
9,1082o
Section 1082o. 85.061 (3) (a) (intro.) of the statutes is amended to read:
85.061 (3) (a) (intro.) The department shall administer a rail passenger route development program. From the appropriation appropriations under s. ss. 20.395 (2) (br) and 20.866 (2) (up), the department may fund any of the following:
9,1082p
Section 1082p. 85.061 (3) (b) of the statutes is amended to read:
85.061 (3) (b) The department may not use any proceeds from the bond issue authorized under s. 20.866 (2) (up) or the moneys appropriated under s. 20.395 (2) (br) unless the joint committee on finance approves the use of the proceeds or moneys 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.
9,1083d
Section 1083d. 85.093 of the statutes is created to read:
85.093 Intermodal freight assistance. The department may make grants to public or private applicants for intermodal freight facilities that the department determines have a public purpose. In the 2019-21 fiscal biennium, a grant made under this section shall be paid from the appropriation under s. 20.395 (2) (bu). After July 1, 2021, a grant made under this section shall be paid from the appropriation under s. 20.866 (2) (uw). For the 2019-21 fiscal biennium, grants under this section cannot exceed $1,500,000.
9,1084
Section
1084. 85.20 (4m) (a) 6. cm. of the statutes is amended to read:
85.20 (4m) (a) 6. cm. From the appropriation under s. 20.395 (1) (ht), the department shall pay $61,724,900 for aid payable for calendar years 2012 to 2014 and $64,193,900 for aid payable for calendar year years 2015 to 2019 and $65,477,800 for calendar year 2020 and thereafter, to the eligible applicant that pays the local contribution required under par. (b) 1. for an urban mass transit system that has annual operating expenses of $80,000,000 or more. If the eligible applicant that receives aid under this subd. 6. cm. is served by more than one urban mass transit system, the eligible applicant may allocate the aid between the urban mass transit systems in any manner the eligible applicant considers desirable.
9,1085
Section
1085. 85.20 (4m) (a) 6. d. of the statutes is amended to read:
85.20 (4m) (a) 6. d. From the appropriation under s. 20.395 (1) (hu), the department shall pay $16,219,200 for aid payable for calendar years 2012 to 2014 and $16,868,000 for aid payable for calendar year years 2015 to 2019 and $17,205,400 for calendar year 2020 and thereafter, to the eligible applicant that pays the local contribution required under par. (b) 1. for an urban mass transit system that has annual operating expenses in excess of $20,000,000 but less than $80,000,000. If the eligible applicant that receives aid under this subd. 6. d. is served by more than one urban mass transit system, the eligible applicant may allocate the aid between the urban mass transit systems in any manner the eligible applicant considers desirable.
9,1086
Section
1086. 85.20 (4m) (a) 7. b. of the statutes is amended to read:
85.20 (4m) (a) 7. b. For the purpose of making allocations under subd. 7. a., the amounts for aids are $23,267,200 in calendar years 2012 and 2013, $23,544,900 in calendar year 2014, and $24,486,700 in calendar year years 2015 to 2019 and $24,976,400 in calendar year 2020 and thereafter. These amounts, to the extent practicable, shall be used to determine the uniform percentage in the particular calendar year.
9,1087
Section
1087. 85.20 (4m) (a) 8. b. of the statutes is amended to read:
85.20 (4m) (a) 8. b. For the purpose of making allocations under subd. 8. a., the amounts for aids are $5,267,000 in calendar years 2012 and 2013, $4,989,300 in calendar year 2014, and $5,188,900 in calendar year years 2015 to 2019 and $5,292,700 in calendar year 2020 and thereafter. These amounts, to the extent practicable, shall be used to determine the uniform percentage in the particular calendar year.
9,1089m
Section 1089m. 85.64 of the statutes is created to read:
85.64 Office of innovative program delivery. (1) In this section:
(a) “Director” means the director of the office of innovative program delivery attached to the department under s. 15.463 (1).
(b) “Office” means the office of innovative program delivery attached to the department under s. 15.463 (1).
(2) The secretary shall appoint a director who has no fewer than 5 years of experience in design-build project development and delivery specific to public transportation or public infrastructure construction.
(3) The director shall do all of the following:
(a) Perform the duties and functions required under s. 84.062.
(b) Employ, supervise, and train personnel assigned to the office by the secretary.
(c) Supervise all expenditures of the office.
(4) The office shall perform the duties and functions required under s. 84.062.
9,1091
Section
1091. 86.30 (2) (a) 3. of the statutes is amended to read:
86.30 (2) (a) 3. For each mile of road or street under the jurisdiction of a municipality as determined under s. 86.302, the mileage aid payment shall be $2,202
$2,389 in calendar year 2017 2019 and
$2,389 $2,628 in calendar year 2018 2020 and thereafter.
9,1091m
Section 1091m. 86.30 (3) of the statutes is created to read:
86.30 (3) Supplemental transportation aids. (a) Amount of aids payments. Notwithstanding sub. (2) and subject to pars. (b) and (c), for a town for which the amount of aid determined under sub. (2) (a) 2. is limited by sub. (2) (d), the amount of aid under this subsection is calculated by dividing $2,500,000 by the total mileage of town roads in towns eligible to receive aid under this subsection and then multiplying that amount by the total mileage of town roads in the town receiving aid. The department shall determine the amount of aid payable under this paragraph
no later than October 1 of the year prior to the calender year in which the aid would be payable.
(b) Limit on aids payments. A town may not receive aid under par. (a) that, when combined with the amount the town received under sub. (2), exceeds 100 percent of the town's 3-year average costs.
(c) Recalculation of amount of aids payments. As the department makes aid payments under par. (a), the department shall recalculate the amount of aid payable under par. (a) for all towns that remain below 100 percent of the town's 3-year average costs. The department shall continue to make aids payments until an amount up to $2,500,000 is expended from the appropriation under s. 20.395 (1) (av), or each town eligible for aid under this subsection has received an amount equal to 100 percent of the town's 3-year average costs, whichever occurs first.
(d) Aids payments. The department shall make the payments calculated under par. (a) no later than the first Monday in January of each year.
(e) Sunset. This subsection does not apply after June 30, 2021.
9,1092
Section
1092. 86.30 (9) (b) of the statutes is amended to read:
86.30 (9) (b) For the purpose of calculating and distributing aids under sub. (2), the amounts for aids to counties are $98,400,200 $111,093,800 in calendar year 2017 2019 and $111,093,800 $122,203,200 in calendar year 2018 2020 and thereafter. These amounts, to the extent practicable, shall be used to determine the statewide county average cost-sharing percentage in the particular calendar year.
9,1093
Section
1093. 86.30 (9) (c) of the statutes is amended to read:
86.30 (9) (c) For the purpose of calculating and distributing aids under sub. (2), the amounts for aids to municipalities are $321,260,500 $348,639,300 in calendar year 2017 2019 and $348,639,300 $383,503,200 in calendar year 2018 2020 and thereafter. These amounts, to the extent practicable, shall be used to determine the statewide municipal average cost-sharing percentage in the particular calendar year.
9,1095m
Section 1095m. 86.31 (3s) of the statutes is created to read:
86.31 (3s) Discretionary supplemental grants. (a) Funds provided under s. 20.395 (2) (fc) shall be distributed under this subsection as discretionary grants to reimburse political subdivisions for improvements. The department shall solicit and provide discretionary grants under this subsection until all funds appropriated under s. 20.395 (2) (fc) have been expended.
(b) 1. From the appropriation under s. 20.395 (2) (fc), the department shall allocate $32,003,200 in fiscal year 2019-20, to fund county trunk highway improvements.
2. From the appropriation under s. 20.395 (2) (fc), the department shall allocate $35,149,400 in fiscal year 2019-20, to fund town road improvements.
3. From the appropriation under s. 20.395 (2) (fc), the department shall allocate $22,847,400 in fiscal year 2019-20, to fund municipal street improvement projects.
(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.
9,1096m
Section 1096m. 86.315 (1) of the statutes is amended to read:
86.315 (1) From the appropriation under s. 20.395 (1) (fu), the department shall annually, on March 10, pay to counties having county forests established under ch. 28, for the improvement of public roads within the county forests which are open and used for travel and which are not state or county trunk highways or town roads and for which no aids are paid under s. 86.30, the amount of $336 $351 per mile of road designated in the comprehensive county forest land use plan as approved by the county board and the department of natural resources. If the amount appropriated under s. 20.395 (1) (fu) is insufficient to make the payments required under this subsection, the department shall prorate the amount appropriated in the manner it considers desirable.
9,1098
Section
1098. 93.06 (16) of the statutes is created to read:
93.06 (16) Farmer mental health assistance. Provide mental health assistance to farmers and farm families.
9,1103m
Section 1103m. 101.02 (7y) of the statutes is created to read:
101.02 (7y) (a) In this subsection, “quarry” has the meaning given in s. 66.04135 (2) (c).
(b) Notwithstanding sub. (7) (a), and except as provided in this subsection and s. 66.04135 (3) (c), a city, village, town, or county cannot make or enforce a local order that limits blasting at a quarry.
(c) A city, village, town, or county may petition the department for an order granting the city, village, town, or county the authority to impose additional restrictions and requirements related to blasting on the operator of a quarry. If a city, village, town, or county submits a petition under this paragraph because of concerns regarding the potential impact of blasting on a qualified historic building, as defined in s. 101.121 (2) (c), the department may require the operator of the quarry to pay the costs of an impact study related to the qualified historic building.
(d) If the department issues an order under this subsection, the order may grant the city, village, town, or county the authority to impose restrictions and requirements related to blasting at the quarry that are more restrictive than the requirements under s. 101.15 related to blasting and rules promulgated by the department under s. 101.15 (2) (e) related to blasting.
(e) The department cannot charge a fee to a city, village, town, or county in connection with a petition submitted under par. (c).
9,1110
Section
1110. 102.07 (20) of the statutes is amended to read:
102.07 (20) An individual who is performing services for a person participating in the self-directed services option, as defined in s. 46.2897 (1), for a person receiving long-term care benefits under s. 46.27, 46.275, or 46.277 or under any children's long-term support waiver program on a self-directed basis, or for a person receiving the Family Care benefit, as defined in s. 46.2805 (4), or benefits under the Family Care Partnership program, as described in s. 49.496 (1) (bk) 3., on a self-directed basis and who does not otherwise have worker's compensation coverage for those services is considered to be an employee of the entity that is providing financial management services for that person.
9,1325b
Section 1325b. 106.18 of the statutes is amended to read:
106.18 Youth summer jobs programs in 1st class cities. From the appropriation account under s. 20.445 (1) (fm), the department shall implement and operate youth summer jobs programs in 1st class cities
this state.
9,1325c
Section 1325c. 106.27 (1) (g) of the statutes is created to read:
106.27 (1) (g) Grants for programs that promote the attraction and retention of personal care workers.
9,1325d
Section 1325d. 106.27 (1j) (title) of the statutes is amended to read:
106.27 (1j) (title) Workforce training program; grants for mobile classrooms and institutional job centers.
9,1325h
Section 1325h. 106.27 (1j) (a) of the statutes is amended to read:
106.27 (1j) (a) Of the amounts appropriated under s. 20.445 (1) (b), the department shall allocate up to $1,000,000
$200,000 in the 2019-20 fiscal year and $320,000 in the 2020-21 fiscal year for grants to the department of corrections to fund the creation and operation of mobile classrooms.
9,1325p
Section 1325p. 106.27 (1j) (ad) of the statutes is created to read:
106.27 (1j) (ad) In this paragraph, “eligible institution” means a minimum security correctional institution or a medium security prison. Of the amounts appropriated under s. 20.445 (1) (b), the department shall allocate
$225,000 in the 2019-20 fiscal year for grants to the department of corrections to fund the creation and operation of institutional job centers at 6 eligible institutions
and $262,500 in the 2020-21 fiscal year for grants to the department of corrections to fund the creation and operation of institutional job centers at 7 eligible institutions .
The department of corrections cannot use a grant under this paragraph to fund the creation and operation of more than one institutional job center at any eligible institution.
9,1326
Section
1326. 106.27 (1u) of the statutes is created to read:
106.27 (1u) Shipbuilders; training grants. From the appropriation under s. 20.445 (1) (b), in each year of the 2019-21 fiscal biennium, the department shall allocate $1,000,000 for grants to shipbuilders in this state to train new and current employees.
A shipbuilder that receives a grant under this subsection shall expend all grant moneys before July 1, 2021, for purposes of training new and current employees.
9,1354
Section
1354. 108.02 (13) (k) of the statutes is amended to read:
108.02 (13) (k) “Employer" does not include a county department, an aging unit, or, under s. 46.2785, a private agency that serves as a fiscal agent or contracts with a fiscal intermediary to serve as a fiscal agent under s. 46.27 (5) (i), 46.272 (7) (e), or 47.035 as to any individual performing services for a person receiving long-term support services under s. 46.27 (5) (b), 46.272 (7) (b), 46.275, 46.277, 46.278, 46.2785, 46.286, 46.495, 51.42, or 51.437 or personal assistance services under s. 47.02 (6) (c).
9,1387
Section
1387. 108.22 (10) of the statutes is amended to read:
108.22 (10) A private agency that serves as a fiscal agent under s. 46.2785 or contracts with a fiscal intermediary to serve as a fiscal agent under s. 46.27 (5) (i), 46.272 (7) (e), or 47.035 as to any individual performing services for a person receiving long-term support services under s. 46.27 (5) (b), 46.272 (7) (b), 46.275, 46.277, 46.278, 46.2785, 46.286, 46.495, 51.42, or 51.437 or personal assistance services under s. 47.02 (6) (c) may be found jointly and severally liable for the amounts owed by the person under this chapter, if, at the time the person's quarterly report is due under this chapter, the private agency served as a fiscal agent for the person. The liability of the agency as provided in this subsection survives dissolution, reorganization, bankruptcy, receivership, assignment for the benefit of creditors, judicially confirmed extension or composition, or any analogous situation of the person and shall be set forth in a determination or decision issued under s. 108.10. An appeal or review of a determination under this subsection shall not include an appeal or review of determinations of amounts owed by the person.
9,1421
Section
1421. 115.28 (65) of the statutes is amended to read:
115.28 (65) Wisconsin Reading Corps. In the 2017-18 and 2018-19 school years, Annually distribute the amounts appropriated under s. 20.255 (3) (fr) to Wisconsin Reading Corps to provide one-on-one tutoring if Wisconsin Reading Corps provides matching funds of $250,000 in each school year.
9,1425f
Section 1425f. 115.343 (1) of the statutes is amended to read:
