Register February 2013 No. 686
Chapter Trans 30
RAILROAD AND PUBLIC UTILITY ALTERATION AND RELOCATION LOAN PROGRAM
Trans 30.01 Purpose and scope.
Trans 30.04 Application procedures.
Trans 30.05 Standards for the approval of loans.
Trans 30.06 Loan agreement.
Trans 30.07 Disbursement of funds.
Trans 30.08 Prosecution of work.
Trans 30.09 Loan repayment.
Trans 30.10 Inspection of work.
Trans 30.11 Audit and inspection of records.
Trans 30.01
Trans 30.01 Purpose and scope. The purpose of this chapter is to provide loans to railroad and public utility companies to encourage them to alter or relocate their facilities in advance of the department awarding contracts on state trunk and connecting highway improvement projects where such alteration or relocation work is not otherwise reimbursable by the department. Loans shall be repaid with or without interest, as prescribed in
s. 84.065 (3) (d), Stats.
Trans 30.01 History
History: Cr.
Register, January, 1991, No. 421, eff. 2-1-91.
Trans 30.02(1)
(1) The definition of words and phrases in
s. 84.065(2), Stats., apply to this chapter. In this chapter:
Trans 30.02(2)
(2) “Alteration” means changing, modifying or adjusting railroad or public utility facilities.
Trans 30.02(3)
(3) “Applicant” means a railroad company or a public utility company applying for a loan under this chapter.
Trans 30.02(5)
(5) “Department” means the department of transportation.
Trans 30.02(7)
(7) “Loan agreement” means a signed document which sets forth the understandings between an applicant and the department for alteration or relocation of facilities and disbursement and repayment of funds.
Trans 30.02(8)
(8) “Loan ceiling” means the maximum amount of money that the department will loan to a single applicant.
Trans 30.02(9)
(9) “Recipient” means a railroad or public utility company granted a loan under this chapter.
Trans 30.02(10)
(10) “Relocation” means establishing an existing railroad or public utility facility in a new place.
Trans 30.02 History
History: Cr.
Register, January, 1991, No. 421, eff. 2-1-91.
Trans 30.03(1)
(1)
State trunk or connecting highway improvement project. Only a railroad or a public utility is eligible for a loan under this chapter. An alteration or relocation project shall be part of a planned state trunk or connecting highway improvement project to qualify for a loan under this chapter.
Trans 30.03(2)(a)(a) Alteration or relocation work which is reimbursable by the department under other policies or programs is not eligible for a loan under this chapter.
Trans 30.03(2)(b)
(b) Alteration or relocation projects not adversely affecting the ability of the department's highway contractor to start, progress, and complete a highway improvement in accordance with the programmed highway construction schedule are not eligible for a loan under this chapter.
Trans 30.03 History
History: Cr.
Register, January, 1991, No. 421, eff. 2-1-91.
Trans 30.04(1)
(1)
Application packet. Applicants may contact either the department's chief utilities engineer or the utilities engineer of a department region office for an application packet containing the application requirements and a description of the application screening, evaluation and loan availability process.
Trans 30.04 Note
Note: The central office address is Chief Utilities Engineer, Wisconsin Department of Transportation, P.O. Box 7916, Madison, WI 53707.
Trans 30.04(2)
(2) Review process. Completed applications shall be sent for initial review and recommendation to the department's region office in which the alteration or relocation work is to take place. Applications shall be accepted by the department throughout the year. Applications will not be evaluated for eligibility unless all information required in the application packet is complete. The region office's review shall be completed within 45 days of the receipt of the application material and the region office's recommendation shall be reported to the applicant within 10 days following completion of the region office's review. Applications recommended for approval by the region office shall be forwarded to the department's state design engineer for highways within 10 days following completion of the region office's review. The department shall notify the applicant of its final decision within 30 days of receipt of the region office's recommendation by the state design engineer for highways.
Trans 30.04(3)(a)(a) An application shall demonstrate an applicant's need to alter or relocate its facilities consistent with
s. Trans 30.01, and include the following minimum information:
Trans 30.04(3)(a)1.
1. An acknowledgement that the applicant will comply with all federal and state laws and local ordinances relating to the alteration or relocation of its facilities.
Trans 30.04(3)(a)2.
2. A narrative description, supported by exhibits, plats, maps and an estimate of cost with manhours, quantities, bill of materials and unit costs, of all work to be performed with the loan funds.
Trans 30.04(3)(a)3.
3. A statement indicating whether additional land interests are required to accomplish the alteration or relocation work. If additional land interests are required, the applicant shall provide plats, maps and descriptions of the required land interests, and shall indicate whether it will acquire the additional land interests or whether it will occupy lands acquired by the department for highway purposes.
Trans 30.04(3)(a)4.
4. A schedule, including specific calendar dates, for starting and completing the work, including dates for completion of significant intermediate phases of the work.
Trans 30.04(3)(b)
(b) The department may require supplemental information to complete its review of an application. The department shall notify an applicant in writing of any supplemental information required and shall set reasonable deadlines for the receipt of this information. If the supplemental information is not received by the deadlines established, the department may remove the application from consideration.
Trans 30.04 History
History: Cr.
Register, January, 1991, No. 421, eff. 2-1-91;
corrections in (1), (2) made under s. 13.92 (4) (b) 6., Stats., Register February 2013 No. 686. Trans 30.05
Trans 30.05 Standards for the approval of loans. Trans 30.05(1)(1)
Criteria. The department may approve applications that satisfy the following criteria:
Trans 30.05(1)(b)
(b) The applicant has been in business in Wisconsin for a continuous period of not less than 5 years prior to the date of the loan application.
Trans 30.05(1)(c)
(c) The loan request is for at least $20,000 but not more than $200,000.
Trans 30.05(1)(e)
(e) An applicant may not have a total of more than $200,000 in loan funds outstanding under this program at one time.
Trans 30.05(2)(a)(a) The department may not grant a loan unless it determines that an application is compatible with the department's highway improvement program construction schedules.
Trans 30.05(2)(b)
(b) The department shall consider loan applications on the basis of state-wide needs and importance.
Trans 30.05(2)(c)
(c) The department may not loan funds more than 2 years before, or within 90 days of, the scheduled letting of a highway construction contract.
Trans 30.05(2)(d)
(d) The department may not loan funds to finance work to be carried out concurrent with highway construction.
Trans 30.05 History
History: Cr.
Register, January, 1991, No. 421, eff. 2-1-91.
Trans 30.06(1)
(1) An applicant with an approved loan application shall execute a loan agreement with the department on a form approved by the department.
Trans 30.06(2)
(2) A loan agreement is void unless it is executed by an applicant and by the department within 60 days of approval of the loan application by the department.
Trans 30.06(3)
(3) Recipients are subject to all relevant statutes, rules, and agreements of the department, including the obligation to obtain a permit from the department to occupy highway rights-of-way.
Trans 30.06(4)
(4) The amount of loan provided by the department shall be stated in the loan agreement.
Trans 30.06(5)
(5) Recipients shall make periodic progress reports to the department if required by the agreement.
Trans 30.06(6)
(6) The department shall require repayment of loan funds advanced to a recipient if the railroad or public utility alteration or relocation project for which the loan funds are granted is not completed in accordance with all terms of the loan agreement.
Trans 30.06 History
History: Cr.
Register, January, 1991, No. 421, eff. 2-1-91.
Trans 30.07
Trans 30.07 Disbursement of funds. After a loan agreement is executed in accordance with
s. Trans 30.06, the department shall disburse the full amount of the approved loan to the recipient within 30 days of receipt of written notice from the recipient that the relocation or alteration work for which the loan was approved will commence within 30 days after receipt of the loan funds.
Trans 30.07 History
History: Cr.
Register, January, 1991, No. 421, eff. 2-1-91.
Trans 30.08(1)
(1) Upon receipt of loan funds, the recipient shall carry out the alteration or relocation work for which the loan was approved to completion in a timely and expeditious manner in accordance with a schedule approved by the department.
Trans 30.08(2)
(2) The recipient may not suspend or delay work without approval of the department.
Trans 30.08(3)
(3) The department may not unreasonably withhold approval for suspension or delay of the recipient's work if there is just cause for the delay or suspension.
Trans 30.08 History
History: Cr.
Register, January, 1991, No. 421, eff. 2-1-91.
Trans 30.09(1)
(1) Loans may be repaid with or without interest, as prescribed in the loan agreement. The interest rate shall be as prescribed in
s. 84.065 (3) (d), Stats.
Trans 30.09 Note
Note: Principal and interest, if any, shall be repaid within one year of the date the highway construction improvement contract is awarded, s.
84.065 (3) (d), Stats.
Trans 30.09(2)
(2) In the event alteration or relocation work for which the loan was approved is suspended or delayed for more than 90 days as approved under
s. Trans 30.08, the recipient shall, upon the department's request, refund to the department the outstanding balance of any loan, plus interest as prescribed in
s. 84.065 (3) (d), Stats.
Trans 30.09(3)
(3) The recipient shall refund to the department the outstanding balance of any loan after completion of the alteration or relocation work for which the loan was approved, plus interest as prescribed in
s. 84.065 (3) (d), Stats.
Trans 30.09 History
History: Cr.
Register, January, 1991, No. 421, eff. 2-1-91.
Trans 30.10
Trans 30.10 Inspection of work. The department may inspect the alteration or relocation work for which the loan was approved, without prior notice and at reasonable times, for compliance with the provisions of the loan application and the loan agreement.
Trans 30.10 History
History: Cr.
Register, January, 1991, No. 421, eff. 2-1-91.
Trans 30.11
Trans 30.11 Audit and inspection of records. The department may audit and inspect the records of a recipient to ascertain that the costs for the alteration or relocation work for which the loan was approved are in substantial conformity with the approved loan application. Recipients shall retain all records related to a loan granted under this chapter for at least 3 years from the date the loan was repaid, and shall make these records available for inspection and copying by the department upon request.
Trans 30.11 History
History: Cr.
Register, January, 1991, No. 421, eff. 2-1-91.
