AB68: Bill Text

AB68,928,17 84.01 (35) (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 applies:

AB68,928,25 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.

AB68,929,2 3. Establishing bikeways or pedestrian ways would have excessive negative impacts in a constrained environment.

AB68,929,4 4. There is an absence of need for the bikeways or pedestrian ways, as indicated by sparsity of population, traffic volume, or other factors.

AB68,929,6 5. The community where pedestrian ways are to be located refuses to accept an agreement to maintain them.

AB68,1459 Section 1459. 84.01 (35) (d) (intro.) and 2. of the statutes are repealed.

AB68,1460 Section 1460. 84.01 (35) (d) 1. of the statutes is renumbered 84.01 (35) (c) 1.

AB68,1461 Section 1461. 84.014 (5m) (ag) 1. of the statutes is renumbered 84.014 (5m) (ag) 1m.

AB68,1462 Section 1462. 84.014 (5m) (ag) 1e. of the statutes is created to read:

AB68,929,15 84.014 (5m) (ag) 1e. “I 94 east-west corridor” means all freeways, including related interchange ramps, roadways, and shoulders, encompassing I 94 in Milwaukee County from 70th Street to 16th Street, and all adjacent frontage roads and collector road systems.

AB68,1463 Section 1463. 84.0145 (1) (a) of the statutes is renumbered 84.0145 (1) (am) and amended to read:

AB68,929,19 84.0145 (1) (am) “I 94 north-south corridor" has the meaning given in s. 84.014 (5m) (ag) 1. 1m.

AB68,1464 Section 1464 . 84.0145 (1) (ae) of the statutes is created to read:

AB68,929,22 84.0145 (1) (ae) “I 94 east-west corridor project" has the meaning given in s. 84.014 (5m) (ag) 1e.

AB68,1465 Section 1465 . 84.0145 (3) (b) 3. of the statutes is created to read:

AB68,929,24 84.0145 (3) (b) 3. The I 94 east-west corridor project.

AB68,1466 Section 1466. 84.06 (2) (a) of the statutes is amended to read:

AB68,930,20 84.06 (2) (a) All such highway improvements shall be executed by contract based on bids unless the department finds that another method as provided in sub. (3) or (4) would be more feasible and advantageous. Bids shall be advertised for in the manner determined by the department. Except as provided in s. 84.075, the contract shall be awarded to the lowest competent and responsible bidder as determined by the department. If the bid of the lowest competent bidder is determined by the department to be in excess of the estimated reasonable value of the work or not in the public interest, all bids may be rejected. The department shall, so far as reasonable, follow uniform methods of advertising for bids and may prescribe and require uniform forms of bids and contracts. Except as provided in par. (b), the secretary shall enter into the 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. Any such contract involving an expenditure of $1,000 $250,000 or more shall not be valid until approved by the governor. The secretary may require the attorney general to examine any contract and any bond submitted in connection with the contract and report on its sufficiency of form and execution. The bond required by s. 779.14 (1m) is exempt from approval by the governor and shall be subject to approval by the secretary. This subsection also applies to contracts with private contractors based on bids for maintenance under s. 84.07.

AB68,1467 Section 1467. 84.06 (3) of the statutes is amended to read:

AB68,931,13 84.06 (3) Contracts with county or municipality; direct labor; materials. If the department finds that it would be more feasible and advantageous to have the improvement performed by the county in which the proposed improvement is located and without bids, the department may, by arrangement with the county highway committee of the county, enter into a contract satisfactory to the department to have the work done by the county forces and equipment. In such contract the department may authorize the county to purchase, deliver, and store materials and may fix the rental rates of small tools and equipment. The contract shall be between the county and the state and shall not be based on bids, and may be entered into on behalf of the county by the county highway committee and on behalf of the state by the secretary. Such contract is exempted from s. 779.14 and from all provisions of chs. 16 and 230, except ss. 16.753 and 16.754. If the total estimated indebtedness to be incurred exceeds $5,000 $100,000, the contract shall not be valid until approved by the governor. The provisions of this subsection relating to agreements between a county and the state shall also authorize and apply to such arrangements between a city, town, or a village and the state. In such cases, the governing body of the city, town, or village shall enter into the agreement on behalf of the municipality.

AB68,1468 Section 1468. 84.06 (4) of the statutes is amended to read:

AB68,932,8 84.06 (4) Special contracts with railroads and utilities. If an improvement undertaken by the department will cross or affect the property or facilities of a railroad or public utility company, the department may, upon finding that it is feasible and advantageous to the state, arrange to perform portions of the improvement work affecting such facilities or property or perform work of altering, rearranging, or relocating such facilities by contract with the railroad or public utility. Such contract shall be between the railroad company or public utility and the state and need not be based on bids. The contract may be entered into on behalf of the state by the secretary. Every such contract is exempted from s. 779.14 and from all provisions of chs. 16 and 230, except ss. 16.528, 16.752, 16.753, and 16.754. No such contract in which the total estimated debt to be incurred exceeds $5,000 $100,000 shall be valid until approved by the governor. As used in this subsection, “public utility" means the same as in s. 196.01 (5), and includes a telecommunications carrier as defined in s. 196.01 (8m), and “railroad" means the same as in s. 195.02. “Property" as used in this subsection includes but is not limited to tracks, trestles, signals, grade crossings, rights-of-way, stations, pole lines, plants, substations, and other facilities. Nothing in this subsection shall be construed to relieve any railroad or public utility from any financial obligation, expense, duty, or responsibility otherwise provided by law relative to such property.

AB68,1469 Section 1469. 84.07 (1b) of the statutes is amended to read:

AB68,932,20 84.07 (1b) Emergency repair and protection of state trunk highways. To accomplish prompt repair, protection or preservation of any state trunk highway which has been closed or is being jeopardized by extraordinary damage by flood, structure failure, slides, or other extraordinary condition of necessity and emergency, the department may, if it is deemed for the best interest of the state, proceed at once to repair or protect the highway with forces and services of private constructors and agencies, summarily engaged by the department and cause said work to be done by negotiated contract or agreement without calling for competitive bids, provided that any such contract or agreement involving an estimated expenditure in excess of $10,000 $100,000 shall be subject to approval of the governor before it becomes effective.

AB68,1470 Section 1470. 84.075 (title) of the statutes is amended to read:

AB68,932,24 84.075 (title) Contracting with minority businesses and; disabled veteran-owned businesses; lesbian, gay, bisexual, or transgender-owned businesses; and disability-owned businesses.

AB68,1471 Section 1471. 84.075 (1c) (a) of the statutes is renumbered 84.075 (1c) (ah).

AB68,1472 Section 1472. 84.075 (1c) (ae) of the statutes is created to read:

AB68,933,3 84.075 (1c) (ae) “Disability-owned business” means a business certified by the department of administration under s. 16.289 (3).

AB68,1473 Section 1473. 84.075 (1c) (br) of the statutes is created to read:

AB68,933,6 84.075 (1c) (br) “Lesbian, gay, bisexual, or transgender-owned business” means a business certified by the department of administration under s. 16.288 (3).

AB68,1474 Section 1474. 84.075 (1m) (bg) of the statutes is created to read:

AB68,933,18 84.075 (1m) (bg) In purchasing services under s. 84.01 (13), in awarding construction contracts under s. 84.06, and in contracting with private contractors and agencies under s. 84.07, the department shall attempt to ensure that at least 1 percent of the total amount expended in each fiscal year is paid to contractors, subcontractors, and vendors that are lesbian, gay, bisexual, or transgender-owned businesses. In attempting to meet this goal, the department may award any contract to a lesbian, gay, bisexual, or transgender-owned business that submits a qualified responsible bid that is no more than 5 percent higher than the low bid unless doing so would violate the provisions of any federal law or regulation or any contract between the department and a federal agency or would otherwise result in a reduction of the amount of federal highway aid received by this state.

AB68,1475 Section 1475. 84.075 (1m) (br) of the statutes is created to read:

AB68,934,5 84.075 (1m) (br) In purchasing services under s. 84.01 (13), in awarding construction contracts under s. 84.06, and in contracting with private contractors and agencies under s. 84.07, the department shall attempt to ensure that at least 1 percent of the total amount expended in each fiscal year is paid to contractors, subcontractors, and vendors that are disability-owned businesses. In attempting to meet this goal, the department may award any contract to a disability-owned business that submits a qualified responsible bid that is no more than 5 percent higher than the low bid unless doing so would violate the provisions of any federal law or regulation or any contract between the department and a federal agency or would otherwise result in a reduction of the amount of federal highway aid received by this state.

AB68,1476 Section 1476. 84.075 (1m) (c) of the statutes is amended to read:

AB68,934,12 84.075 (1m) (c) If a contractor, subcontractor, or vendor is both a minority business and a disabled veteran-owned business, lesbian, gay, bisexual, or transgender-owned business, or disability-owned business, the department may award a contract under par. (a) or under par. (b) , (bg), or (br), but the qualified responsible bid must be no more than 5 percent higher than the low bid, as provided under pars. (a) and, (b), (bg), and (br).

AB68,1477 Section 1477. 84.075 (2) of the statutes is amended to read:

AB68,934,17 84.075 (2) The contractor shall report to the department any amount of the contract paid to subcontractors and vendors which are minority businesses or, disabled veteran-owned businesses, lesbian, gay, bisexual, or transgender-owned businesses, or disability-owned businesses.

AB68,1478 Section 1478. 84.075 (3) of the statutes is amended to read:

AB68,935,5 84.075 (3) The department shall at least semiannually, or more often if required by the department of administration, report to the department of administration the total amount of money it has paid to contractors, subcontractors, and vendors that are minority businesses and, that are disabled veteran-owned businesses, that are lesbian, gay, bisexual, or transgender-owned business, and that are disability-owned businesses under ss. 84.01 (13), 84.06, and 84.07 and the number of contacts with minority businesses and, disabled veteran-owned businesses, lesbian, gay, bisexual, or transgender-owned businesses, and disability-owned businesses in connection with proposed purchases and contracts. In its reports, the department shall include only amounts paid to businesses certified by the department of safety and professional services [department of administration] as minority businesses or disabled veteran-owned businesses.

AB68,1479 Section 1479. 84.11 (4) of the statutes is amended to read:

AB68,935,23 84.11 (4) Finding, determination, and order. After such hearing the department shall make such investigation as it considers necessary in order to make a decision in the matter. If the department finds that the construction is necessary it shall determine the location of the project and whether the project is eligible for construction under this section. The department shall also determine the character and kind of bridge most suitable for such location and estimate separately the cost of the bridge portion and the entire project. The department shall make its finding, determination, and order, in writing, and file a certified copy thereof with the clerk of each county, city, village, and town in which any portion of the bridge project will be located and also with the secretary of state and the secretary of administration. The determination of the location of the project made by the department and set forth in its finding, determination, and order shall be conclusive as to such location and shall constitute full authority for laying out new streets or highways or for any relocations of highways made necessary for the construction of the project and for acquirement of any lands necessary for such streets or highways, relocation or construction. The estimate of cost made by the department shall be conclusive insofar as cost may determine eligibility of construction under this section.

AB68,1480 Section 1480. 84.12 (4) of the statutes is amended to read:

AB68,936,20 84.12 (4) Finding, determination, and order. If the department finds that the construction is necessary, and that provision has been made or will be made by the adjoining state or its subdivisions to bear its or their portions of the cost of the project, the department, in cooperation with the state highway department of the adjoining state, shall determine the location thereof, the character and kind of bridge and other construction most suitable at such location, estimate the cost of the project, and determine the respective portions of the estimated cost to be paid by each state and its subdivisions. In the case of projects eligible to construction under sub. (1) (a) the department shall further determine the respective portions of the cost to be paid by this state and by its subdivisions which are required to pay portions of the cost. The department, after such hearing, investigation, and negotiations, shall make its finding, determination, and order in writing and file a certified copy thereof with the clerk of each county, city, village, or town in this state in which any part of the bridge project will be located, with the secretary of state, and the secretary of administration and with the state highway department of the adjoining state. The determination of the location set forth in the finding, determination, and order of the department shall be conclusive as to such location and shall constitute full authority for laying out new streets or highways or for any relocations of the highways made necessary for the construction of the project and for acquiring lands necessary for such streets or highways, relocation or construction.

AB68,1481 Section 1481 . 84.41 (3) of the statutes is created to read:

AB68,937,2 84.41 (3) Employment regulations. Employment regulations set forth in s. 103.50 pertaining to wages and hours shall apply to all projects constructed under s. 84.40 in the same manner as such laws apply to projects on other state highways. Where applicable, the federal wages and hours law known as the Davis-Bacon act shall apply.

AB68,1482 Section 1482 . 84.54 of the statutes is repealed.

AB68,1483 Section 1483. 84.555 (1m) of the statutes is amended to read:

AB68,937,17 84.555 (1m) Notwithstanding sub. (1) and ss. 84.51 and 84.59, the proceeds of general obligation bonds issued under s. 20.866 (2) (uum) are allocated for expenditure obligations under s. 84.95 and s. 84.014, the proceeds of general obligation bonds issued under s. 20.866 (2) (uup) and (uuv) may be used to fund expenditure obligations for the Marquette interchange reconstruction project under s. 84.014, for the reconstruction of the I 94 north-south corridor, as defined in s. 84.014 (5m) (ag) 1. 1m., for the reconstruction of the Zoo interchange, as defined in s. 84.014 (5m) (ag) 2., for the reconstruction of the I 94 east-west corridor, as defined in s. 84.014 (5m) (ag) 1e., for southeast Wisconsin freeway megaprojects under s. 84.0145, and for high-cost state highway bridge projects under s. 84.017, and the proceeds of general obligation bonds issued under s. 20.866 (2) (uur) and (uuv) may be used to fund expenditure obligations for southeast Wisconsin freeway megaprojects under s. 84.0145.

AB68,1484 Section 1484. 84.56 of the statutes is amended to read:

AB68,937,22 84.56 Additional funding for major highway projects. Notwithstanding ss. 84.51, 84.53, 84.555, and 84.59, major highway projects, as defined under s. 84.013 (1) (a), for the purposes of ss. 84.06 and 84.09, may be funded with the proceeds of general obligation bonds issued under s. 20.866 (2) (uus) and (uuv).

AB68,1485 Section 1485. 84.57 (1) of the statutes is amended to read:

AB68,938,2 84.57 (1) Notwithstanding ss. 84.51, 84.53, 84.555, 84.59, and 84.95, and subject to sub. (2), state highway rehabilitation projects for the purposes specified in s. 20.395 (6) (aq) may be funded with the proceeds of general obligation bonds issued under s. 20.866 (2) (uut) and (uuv).

AB68,1486 Section 1486. 84.59 (6) of the statutes is amended to read:

AB68,938,23 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 $4,359,650,700, 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 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.

AB68,1487 Section 1487. 85.0215 of the statutes is created to read:

AB68,938,25 85.0215 Local supplement. (1) In this section:

AB68,939,2 (a) “Eligible applicant” means a city, village, town, or county or a combination of these or an eligible entity, as defined under 23 USC 133 (h) (4) (B).

AB68,939,4 (b) “Eligible project” means a project eligible for funding under s. 84.12, 84.16, 84.18, or 86.31 (3) or (3t) or 23 USC 133 (h) (3).

AB68,939,8 (2) Funds provided under s. 20.395 (2) (fq) shall be distributed under this subsection as discretionary grants to reimburse eligible applicants for eligible projects. The department shall solicit and provide discretionary grants under this section until all funds appropriated under s. 20.395 (2) (fq) have been expended.

AB68,1488 Section 1488. 85.09 (2) (a) of the statutes is amended to read:

AB68,940,14 85.09 (2) (a) The department of transportation shall have the first right to acquire, for present or future transportational or recreational purposes, any property used in operating a railroad or railway, including land and rails, ties, switches, trestles, bridges, and the like located on that property, that has been abandoned. The department of transportation may, in connection with abandoned rail property, assign this right to a state agency, the board of regents of the University of Wisconsin System, any county or municipality, or any transit commission. Acquisition by the department of transportation may be by gift, purchase, or condemnation in accordance with the procedure under s. 32.05, except that the power of condemnation may not be used to acquire property for the purpose of establishing or extending a recreational trail; a bicycle way, as defined in s. 340.01 (5s); a bicycle lane, as defined in s. 340.01 (5e); or a pedestrian way, as defined in s. 346.02 (8) (a). In addition to its property management authority under s. 85.15, the department of transportation may, subject to any prior action under s. 13.48 (14) (am) or 16.848 (1), lease and collect rents and fees for any use of rail property pending discharge of the department's duty to convey property that is not necessary for a public purpose. No person owning abandoned rail property, including any person to whom ownership reverts upon abandonment, may convey or dispose of any abandoned rail property without first obtaining a written release from the department of transportation indicating that the first right of acquisition under this subsection will not be exercised or assigned. No railroad or railway may convey any rail property prior to abandonment if the rail property is part of a rail line shown on the railroad's system map as in the process of abandonment, expected to be abandoned, or under study for possible abandonment unless the conveyance or disposal is for the purpose of providing continued rail service under another company or agency. Any conveyance made without obtaining such release is void. The first right of acquisition of the department of transportation under this subsection does not apply to any rail property declared by the department to be abandoned before January 1, 1977. The department of transportation may acquire any abandoned rail property under this section regardless of the date of its abandonment.

AB68,1489 Section 1489 . 85.093 of the statutes is renumbered 85.093 (2) and amended to read:

AB68,940,19 85.093 (2) The Subject to sub. (3), the department may make grants to public or private applicants for intermodal freight facilities that the department determines have a public purpose.

AB68,940,22 (4) 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).

AB68,940,24 (5) For the 2019-21 fiscal biennium, grants under this section cannot exceed $1,500,000.

AB68,1490 Section 1490 . 85.093 (1) of the statutes is created to read:

AB68,941,12 85.093 (1) The legislature finds and determines that intermodal freight facilities provide a vital connection between the freight rail industry and harbors and the commercial trucking industry in this state by allowing for the efficient movement of goods and supplies. The legislature further finds and determines that these facilities boost economic development and connect citizens of the state with products from across the world, and that supporting these facilities and thereby preserving and improving the development of freight rail service in the state are statewide responsibilities of statewide dimension. The legislature further finds that private capital and local government financial and technical resources are unable to fully meet the transportation and infrastructure needs of the state. It is therefore in the public interest, and it is the public policy of this state, to support the development of intermodal freight facilities through grants awarded under sub. (2).

AB68,1491 Section 1491 . 85.093 (3) of the statutes is created to read:

AB68,941,23 85.093 (3) The department may not make a grant under this section unless the grantee agrees to provide adequate intermodal freight services at the facility funded by the grant, subject to remedial transfer of the facility to the department. If, without the approval of the department, intermodal freight service is discontinued or inadequate at the facility or the grantee disposes of any portion of the facility, the intermodal freight facility for which financial assistance was provided under this section shall transfer to the ownership and control of the department. The department may elect to accept repayment from the grantee of the full amount of all grants received from the department for the facility in lieu of transfer under this subsection.

AB68,1492 Section 1492. 85.20 (4m) (a) 6. cm. of the statutes is amended to read:

AB68,942,10 85.20 (4m) (a) 6. cm. From the appropriation under s. 20.395 (1) (ht), the department shall pay $64,193,900 for aid payable for calendar years 2015 to 2019 and $65,477,800 for aid payable for calendar year years 2020 and 2021, $67,114,700 for calendar year 2022, and $68,792,600 for calendar year 2023 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.

AB68,1493 Section 1493. 85.20 (4m) (a) 6. d. of the statutes is amended to read:

AB68,942,21 85.20 (4m) (a) 6. d. From the appropriation under s. 20.395 (1) (hu), the department shall pay $16,868,000 for aid payable for calendar years 2015 to 2019 and $17,205,400 for aid payable for calendar year years 2020 and 2021, $17,635,500 for calendar year 2022, and $18,076,400 for calendar year 2023 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.

AB68,1494 Section 1494. 85.20 (4m) (a) 7. b. of the statutes is amended to read:

AB68,943,3 85.20 (4m) (a) 7. b. For the purpose of making allocations under subd. 7. a., the amounts for aids are $24,486,700 in calendar years 2015 to 2019 and $24,976,400 in calendar year years 2020 and 2021, $25,600,800 in calendar year 2022, and $26,240,800 in calendar year 2023 and thereafter. These amounts, to the extent practicable, shall be used to determine the uniform percentage in the particular calendar year.

AB68,1495 Section 1495. 85.20 (4m) (a) 8. b. of the statutes is amended to read:

AB68,943,10 85.20 (4m) (a) 8. b. For the purpose of making allocations under subd. 8. a., the amounts for aids are $5,188,900 in calendar years 2015 to 2019 and $5,292,700 in calendar year years 2020 and 2021, $5,425,000 in calendar year 2022, and $5,560,600 in calendar year 2023 and thereafter. These amounts, to the extent practicable, shall be used to determine the uniform percentage in the particular calendar year.

AB68,1496 Section 1496. 85.203 of the statutes is created to read:

AB68,943,12 85.203 Transit capital assistance grants. (1) In this section:

AB68,943,13 (a) “Eligible applicant" has the meaning given in s. 85.20 (1) (b).

AB68,943,16 (b) “Public transit vehicle" means any vehicle used for providing transportation service to the general public that is eligible for replacement under settlement guidelines, as defined in s. 16.047 (1) (b).

AB68,943,20 (2) The department shall administer a transit capital assistance grant program. From the appropriation under s. 20.395 (1) (bt), the department shall award grants to eligible applicants for the replacement of public transit vehicles. The department shall establish criteria for awarding grants under this section.

AB68,1497 Section 1497. 85.215 of the statutes is amended to read:

AB68,944,4 85.215 Tribal elderly transportation grant program. The department shall award grants to federally recognized American Indian tribes or bands to assist in providing transportation services for elderly persons. Grants awarded under this section shall be paid from the appropriation under s. 20.395 (1) (ck) (ct). The department shall prescribe the form, nature, and extent of the information that shall be contained in an application for a grant under this section. The department shall establish criteria for evaluating applications and for awarding grants under this section.

AB68,1498 Section 1498. 85.25 (2) (c) 2m. of the statutes is amended to read: