Trans 4.02 (1h) “Eligible project cost” means an expense that an eligible applicant incurs in the operation of an urban mass transit system for which it is eligible to receive operating assistance authorized under s. 85.20, Stats. 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.
Trans 4.02 (1r) is renumbered to Trans 4.02 (1t) and 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.
Trans 4.02 (2) (intro.), (a) and (b) are amended to read:
Trans 4.02 (2) (intro.) “Local public bodies body” are defined to be means one of the following:
Trans 4.02 (2) (a) Counties, municipalities or towns, or agencies A county or a municipality as defined in s. 59.001 (3), Stats., or an agency thereof; Trans 4.02 (2) (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
Trans 4.02 (2m) is created to read:
Trans 4.02 (2m) “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. Trans 4.02 (3) is repealed and recreated to read: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 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. 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.
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 provides public transit service.
Trans 4.02 (4g) and (4r) are created to read:
Trans 4.02 (4g) “Project” means operation of an urban mass transit system, or subsystem thereof, during a project year.
Trans 4.02 (4r) “Project year” means a calendar year in which an eligible applicant executes a public transit project receiving funding under s. 85.20, Stats. Trans 4.02 (5m), (7) and (8m) are amended to read:
Trans 4.02 (5m) “Revenue hours” means the annual number of hours in which a mass transit vehicle is operating in revenue service, such as being available to pick up or discharge passengers for which a mass transit system’s revenue passenger vehicles offer advertised public transit service, plus the annual sum of any additional hours during which these vehicles transport revenue paying passengers and, for shared-ride taxicab services, during which they travel to a base destination at the end of daily operation or undergo 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.
Trans 4.02 (10g) and (10r) are created to read:
Trans 4.02 (10g) “Urbanized area” means an area of the state so defined by the U.S. bureau of the census.
Trans 4.02 (10r) “Useful life” means a minimum time period, specified by the department, during which an asset is expected to remain in suitable condition for continued use in its intended capacity.
Trans 4.02 (11) is amended to read:
Trans 4.02 (11) “User-side subsidy” means financial assistance provided directly to a user of a mass transit system or of a subsystem thereof in the form of a voucher provided to the user by the local public body for use in payment of a fare, or a portion of a fare, for a trip taken on an urban transit system or eligible subsystem.
Trans 4.02 (12) is created to read:
Trans 4.02 (12) “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. Trans 4.03 is amended to read:
Trans 4.03 Appropriateness of urban areas. All urban areas shall be deemed appropriate for an urban mass transit system for purposes of receiving state aid, except that no city or village shall be deemed appropriate may receive state aid for a municipal bus transportation transit system unless the system is approved by action of it’s its governing body and by referendum vote of its electorate pursuant to s. 66.0803 (2) (a), Stats. 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 For employees who do not work full time on transit system operations, only expenses related to that portion of their time spent on transit shall be considered eligible project costs. For urban mass transit services provided by a private transportation providers provider operating under mass transit contracts contract with an eligible applicant, 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 of only 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 contract with an eligible applicant, eligible project costs may include management administrative fees that 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. Trans 4.04 (3) is created to read:
Trans 4.04 (3) If an eligible applicant contracts for mass transit service with a private provider, it shall execute a formal written contract with the provider. Only costs incurred under a properly executed written contract shall be considered eligible project costs.
Trans 4.04 (4) (a) is repealed and recreated to read:
Trans 4.04 (4) (a) If an eligible applicant contracts with a private provider to operate an urban mass transit system on its behalf, it shall do so using the competitive proposal process set forth in par. (b), and eligible project costs are limited to those costs associated with the proposal accepted by the eligible applicant.
Trans 4.04 (4) (b) 1., 2., 3., 4. (intro.) and a. are amended to read:
Trans 4.04 (4) (b) 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 proposal to be published in a local newspaper of general circulation.
Trans 4.04 (4) (b) 2. If only one qualified provider expresses interest in providing the eligible public transportation urban mass transit service, the eligible applicant may negotiate a contract with that provider. The negotiated contract shall be subject to the department’s approval.
Trans 4.04 (4) (b) 3. If 2 or more qualified providers express interest in providing the eligible public transportation urban mass transit 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.
Trans 4.04 (4) (b) 4. (intro.) 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 if so required by the request for proposal. 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: Trans 4.04 (4) (b) 4. a. Costs that depend on the number of vehicle hours operated, including particular operators operators’ salaries and fringe benefits.
Trans 4.04 (4) (b) 4. (Note) is repealed.
Trans 4.04 (4) (b) 5. is repealed.
Trans 4.04 (4) (b) 6., 7. and (c) are amended to read:
Trans 4.04 (4) (b) 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.
Trans 4.04 (4) (b) 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.
Trans 4.04 (4) (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 project costs 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.
Trans 4.04 (5) (f), (g), (o), (q), (r), (s), (t), (u), (w), (x) and (z) are amended to read:
Trans 4.04 (5) (f) Lease payments to a related party which are made under less than an arms- arm’s length agreement. Only actual eligible expenses project costs of owning the property, including depreciation and taxes taxes, shall be allowed, as authorized under sub. (1).
