Trans 4.04 (5) (g) Lease payments for revenue passenger vehicles unless the situation exists necessitating a short−term lease. For purposes of this subsection, a short−term lease is defined to be of one year or less in duration. If the grantee is actively pursuing a federal grant to purchase vehicles, the eligibility of lease payments may be extended until such time as the purchased vehicles have been delivered unless, and only for the term, pre-approved by the department.
Trans 4.04 (5) (o) Charter-related expenses. Such expenses shall be considered to be equal to the revenue received directly from the provision of charter service, except when charter revenues exceed 10% of the total annual operating revenues of the eligible mass transit system. When charter revenues exceed 10% of the total annual operating revenues of the eligible mass transit system, charter-related expenses shall be determined in accordance with a cost allocation plan approved by the department.
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 related to the provision of mass transit service.
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 project costs so long as such repairs involve replacement of existing items.
Trans 4.04 (5) (s) For privately owned mass transit systems operated under contract by a private provider, the wages and fringe benefits of any public employees, except those employees involved in administration of the mass transit contract or in monitoring the performance of the private transportation provider.
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) (u) Return on investment, except as authorized by sub. (1). Return on investment shall be a fixed amount and may not exceed an amount calculated by applying the interest rate the secretary of the treasury specifies under 50 USC App. 1215 (b) (2) as applicable to the period ending on December 31 of the year prior to the project year to the net book value of the private transportation provider’s equipment and facilities used in providing the contracted for transportation service.
Trans 4.04 (5) (w) Franchise fees paid by the recipient public body to a private transportation provider.
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 mass 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.
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).
Trans 4.05 (1) is amended to read:
Trans 4.05 (1) State share of eligible project costs. The department of transportation may audit all public and private providers of urban mass transit services receiving state aids under the urban mass transit operating assistance program. The audits shall be the basis for computing the maximum share of state and federal aids each eligible applicant can apply against operating deficits for each state aid contract period. If a private provider is a subsidiary corporation, the department of transportation may audit both the subsidiary and the parent corporation. The department shall conduct audits as follows:
(a) For all urban mass transit systems participating in the state aid program, except privately owned systems with those in which a local public body contracts for services with a private provider on the basis of competitive bids, the department shall audit the actual operating revenues and operating expenses for each state aid contract period. Audits shall be conducted in accordance with generally accepted governmental auditing standards.
(b) For privately owned mass transit systems with in which a local public body contracts for services with a private provider on the basis of competitive bids, the department shall conduct contract compliance audits, except that the department may not conduct financial audits of the business records of the private provider. This provision shall apply only for years in which an actual dollar amount was bid. Years for which a definite percentage increase over first year costs has been specified in the bid, or years in which costs are to be increased by the rate of inflation as measured by the consumer price index shall be considered years in which an actual dollar amount was bid. Additionally, the department shall audit any fees the local public body charges to the department for administration of the private provider’s service.
Trans 4.05 (3), (4) and (5) are repealed.
Trans 4.06 (1), (2) and (4) are amended to read:
Trans 4.06 (1) The department shall distribute the state appropriations for this program among eligible applicants in accordance with the procedures set forth in s. 85.20 (4m), Stats., and also in accordance with provisions of the annual state contract grant agreements executed between the each applicant and the department. Trans 4.06 (2) Except as provided in sub. (3), each eligible applicant shall provide a local contribution, exclusive of user fees, toward operating expenses in an amount equal to at least 20% of all state allocations to that applicant under this chapter. No in-kind services, federal or state categorical financial aids or passenger revenues are allowed as part of the local contribution. No part of the local contribution may be paid by a private transportation provider contracting with the applicant public body. The local contribution shall be determined by audit and calculated by subtracting passenger revenues, federal aids and state aids from eligible operating expenses project costs.
Trans 4.06 (4) State aids shall be paid to a recipient on a quarterly recurring basis, and no more than four times annually. If the department’s audit establishes that the state aid payment to a recipient has exceeded any limitation on the state’s share of eligible project costs under s. 85.20, Stats., then the recipient shall refund to the department an amount sufficient to reduce the state aids to an amount that is in conformity with s. 85.20, Stats. Trans 4.07 (1) is amended to read:
Trans 4.07 (1) Applications shall be made in a form and manner prescribed by the department. If more than one multiple local public body bodies in a given urban area contributes contribute assistance to a mass transit system, one public body should eligible applicant shall submit a single application on behalf of all participating local governments. The applicant public body, as well as all other participating local governments, shall assure that the required local shares of eligible project costs will be available.
Trans 4.07 (1) (Note) is repealed.
Trans 4.07 (1m) is created to read:
Trans 4.07 (1m) Each state aid application shall include a transit management plan which describes the mass transit system’s operations for the coming year, including the amount of service to be provided, the fares to be charged, any steps to be taken to improve system effectiveness and efficiency, and the procedures to be used for counting revenue passenger trips.
Trans 4.07 (2), (3), (4), (5) and (6) are amended to read:
Trans 4.07 (2) Applications for aids shall be submitted to the department no later than November December 15 of the year immediately preceding the proposed project year. Applicants may request up to a 45-day extension of this due date and the department may grant such requests. No application received after January 1 of the project year shall be funded unless the secretary of transportation determines that a later date is appropriate in order to properly respond to an emergency situation.
Trans 4.07 (3) Eligible applicants in “urbanized” areas serving an urban area with a population exceeding 49,999 shall submit a copy of make available their application to the appropriate metropolitan planning organization.
Trans 4.07 (4) For purposes of this chapter a “project year” is defined to be a calendar year. The assisted Mass transit services receiving financial assistance may be operated for less than a calendar year.
Trans 4.07 (5) Costs for services not included in the application for state aids will not be eligible for funding until the following calendar project year unless the department so approves them in writing prior to the time at which costs start accruing.
Trans 4.07 (6) An eligible applicant intending to submit an application to support a new mass transit system shall notify the department of the applicant’s its intention no later than April January 15 of the even-numbered preceding year to be eligible for funding in the next biennium.
Trans 4.08 (title) is amended to read:
Trans 4.08 (title) State aid contracts grant agreements.
Trans 4.08 (1), (2) (intro.), (a), (3), (4) (intro.), (b) and (g) are amended to read:
Trans 4.08 (1) For each calendar year, the department may execute an annual aid contract grant agreement with each eligible applicant.
Trans 4.08 (2) (intro.) State aid contracts grant agreements may be terminated by either the department or the applicant under the following conditions:
Trans 4.08 (2) (a) By the department, if the department determines that the purpose of the aid program as expressed in s. 85.20, Stats., is not being fulfilled, or if the recipient fails to comply with the terms and conditions of the state aid contract grant agreement. Trans 4.08 (3) A state aid contract grant agreement may be terminated as provided in sub. (2) by giving written notice of intent to terminate, sent by certified mail, at least 30 calendar days prior to the proposed termination date.
Trans 4.08 (4) (intro.) State aid contracts grant agreements shall require that recipients do the following:
Trans 4.08 (4) (b) Provide reduced fare programs for elderly and disabled persons seniors and individuals with disabilities during nonpeak hours, except if the mass transit system is a shared-ride taxicab system. Reduced fares may not exceed one-half of the adult cash fare;
Trans 4.08 (4) (g) Assure that, if urban mass transit service is provided under a local public body contract with a private provider, the local public body makes payments to the private provider shall permit the department to conduct audits of the private provider’s business records as required by s. Trans 4.05 (1) only on the basis of actual billed expenses. Trans 4.08 (5) and (6) are repealed.
Trans 4.09 (intro.), (1) and (2) (intro.) are amended to read:
Trans 4.09 (intro.) Planning requirements. As a condition of eligibility to receive state aids, an applicant shall comply with the The following requirements apply to all eligible applicants receiving assistance under s. 85.20, Stats.: Trans 4.09 (1) TRANSIT DEVELOPMENT PROGRAMS. Prepare The applicant shall prepare and submit annually to the department a 4-year transit development program, in the form and manner prescribed by the department.
Trans 4.09 (2) (Intro.) PERFORMANCE GOALS. Establish annually The applicant shall establish annual service and performance goals for a 4-year period the coming 4 project years and assess the effectiveness of the applicant’s its operations mass transit system in relation to those goals. The goals shall be submitted to the department as a part of the application for state aids. At a minimum, systemwide goals shall be established for the following performance indicators:
Trans 4.09 (3) is repealed and recreated to read:
Trans 4.09 (3) TRANSIT MANAGEMENT PLAN. The applicant shall submit a transit management plan annually that meets the requirements of s. Trans 4.07 (1m). Each mass transit system’s policies and activities shall conform at all times to the transit management plan for the current project year. The applicant shall report to the department any proposed deviations from the transit management plan and shall not implement them prior to department concurrence. The department shall determine if a formal amendment to the transit management plan is required in all cases. The department may require the applicant to hold a public hearing on the proposed change prior to approving the proposal. Trans 4.09 (4) (b), (c), (d) and (f) 1. are amended to read:
Trans 4.09 (4) (b) For purposes of analysis, The department will assign each mass transit systems system are divided into the following to a peer groups: group based on operating characteristic similarities.
1. Milwaukee.
2. Madison.
