STATE OF WISCONSIN
DEPARTMENT OF TRANSPORTATION
OFFICE OF THE SECRETARY
PROPOSED ORDER AMENDING PERMANENT RULE
The Wisconsin Department of Transportation proposes an order to: Repeal ss. Trans 2.015 (1), (7), 2.05 (1) (a), (b), (c), (d), (3), 2.07, 2.10 (1) (b) 5.; Amend ss. Trans 2 (title), 2.01, 2.015 (3), (6), 2.02 (title), (1), 2.03, 2.04 (intro.), (4), 2.045, 2.05 (1) (intro.), 2.055 (1), (2), (3), (7), (8), (9), 2.06 (3), 2.09, 2.10 (1) (b) (intro.), 1., 2., 4., (2) (a), (b), 2.11; Repeal and recreate ss. Trans 2.02 (2), 2.05 (title), (2), 2.06 (1), (2); and Create ss. Trans 2.015 (8), (9). The State of Wisconsin Department of Transportation (Department) proposes an order to amend Wisconsin Admin. Code. ch. Trans 2 relating to the Administration of Grant Programs to Administer Federal and State Funds for Transportation for Seniors and Individuals with Disabilities. The analysis below was prepared by the State of Wisconsin Department of Transportation. The Statement of Scope for this Trans 2 Rule, SS 036-14, was approved by the Governor on April 16, 2014, published in Register No. 701A on May 14, 2014, and approved by Secretary of the State of Wisconsin Department of Transportation Mark Gottlieb, P.E., as required by s. 227.135 (2), Stats, on January 1, 2014. ANALYSIS
Statutes Interpreted: Section 85.22, Stats. Explanation of Agency Authority: Section 85.16 (1), Stats., authorizes the Department’s Secretary to “make reasonable and uniform orders and rules deemed necessary to the discharge preamble of powers, duties, and functions vested in the department.” Additionally, s. 85.22 (3) [preamble], Stats., states: “The Department shall administer the grant program and shall have all the powers necessary and convenient to implement this section,” and s. 85.22 (3) (h), Stats. expressly authorizes the Department to “establish, by rule, standards for the coordination of transportation services to seniors and individuals with disabilities.” Section 227.10 (1), Stats., states: “Each agency shall promulgate as a rule each statement of general policy and each interpretation of a statute which it specifically adopts to govern its enforcement or administration of that statute.” Related Statute or Rule: Chapter Trans 2, Wis. Admin. Code derives from s. 85.22, Stats., which establishes a statewide program to provide specialized transportation assistance to seniors and to individuals with disabilities. Chapter Trans 2 authorizes the Department of Transportation to administer this program. Several other statutes (ss. 20.002, 51.42, 51.437, 85.20, 85.21, 340.01, Stats. and chs. Trans 300 and 301) bear on the administrative rules subject to this proposed order. However, the proposed changes to ch. Trans 2 do not affect how these other statutes and rules regulate transportation services for seniors and individuals with disabilities in Wisconsin. Plain Language Analysis: This rulemaking updates ch. Trans 2 which addresses the Department’s administration of state and federal specialized transit competitive grant programs. Chapter Trans 2 currently only allows capital vehicle projects to be awarded under it. This rulemaking removes or replaces obsolete language and provides a broader definition of allowable transit projects to serve seniors and individuals with disabilities which will allow for funding of operating assistance and mobility management projects in addition to vehicles. This change will bring the state program into conformity with the federal program which it provides supplemental funding. Summary of, and Comparison with, Existing or Proposed Federal Statutes and Regulations: Chapter Trans 2 establishes the Department’s process for implementing and managing federal transit operating and capital funding programs established under 49 U.S.C. § 5310 and the state capital assistance program for specialized transportation established under s. 85.22, Stats. The Department compared the language in ch. Trans 2 governing the federal program (Section 5310 circular / FTA C 9070.1) to ensure the changes to ch. Trans 2 would conform to all projects allowed under the federal program. The federal Section 5310 program administered by the Department provides funding to providers of specialized transit (seniors and individuals with disabilities) in rural areas (municipalities with populations fewer than 50,000) and small urban areas (municipalities with populations totaling 50,000 – 199,999). Specialized transit providers can be private non-profit organizations or local public bodies and must predominantly provide rides and other transportation services to residents aged 65 or older and/or to residents with temporary or permanent physical or intellectual disabilities.
Projects typically funded under Section 5310 include accessible vehicles, operating costs, staff salaries for providers, and mobility manager positions. Specialized transit operating projects are reimbursed at 50 percent of deficit. Capital projects (vehicles and mobility management projects) are reimbursed at 80 percent net deficit. This program is administered as a discretionary program. Annually an application is released for organizations to apply for funding for the following calendar year. Awards are typically announced in December each year.
The state Capital Assistance Program for Specialized Transportation, s. 85.22, Stats., mirrors the federal Section 5310 program and allows state funds to be used on transit projects geared towards seniors and individuals with disabilities. The reimbursement rules, and program administration are the same as the Section 5310 program. Grant recipients are generally unaware whether their award is made with federal Section 5310 or s. 85.22, Stats. funds. Comparison with Rules in Adjacent States:
Illinois. Illinois does not currently have any state money that is paired with their federal Section 5310 Enhanced Mobility for Seniors and Individuals with Disabilities program. Illinois did have a state program in the past.
Iowa. Iowa has three statewide funding programs available to transit providers, but differ significantly from how Wisconsin uses funds appropriated under s. 85.22, Stats. Two of Iowa’s funds are used for transit infrastructure projects (PTIG Fund) and a capital match revolving loan fund (Amoco Loan). The other (State Transit Assistance) is similar to what the proposed change to ch. Trans 2 and funds transit operating and capital projects throughout the state that improve public transit. These funds can also be used for training purposes. Michigan. Michigan has state funds through their Comprehensive Transportation Fund (CTF) that assist in funding specialized transit. Under part 247.660e of the Michigan Compiled Laws, not less than $3,600,100 goes to specialized services assistance programs. In FY2016, $3,853,900 went to Michigan’s specialized services public transportation development projects.
Minnesota. Minnesota does not currently have any state money paired with their federal Section 5310 Enhanced Mobility for Seniors and Individuals with Disabilities program.
Summary of the Factual Data and Analytical Methodologies that the Agency Used in Support of the Proposed Rule and How Any Related Findings Support the Regulatory Approach Chosen for the Rule:
The Department’s approach to update ch. Trans 2 mirrored the changes in the federal Section 5310 circular (FTA C 9070.1) to comply with the Moving Ahead Progress in the 21st Century Act (MAP-21) of July 2012, the Fixing America’s Surface Transportation (FAST) Act passed in December 2015, and any future federal changes to the Section 5310 program. By comparing state funding rules in Michigan and Iowa, the Department believes it will be best for its program managers and grant recipients if Wisconsin’s rule was less restrictive so the rules can more easily reflect any future federal changes to the program. Analysis Regarding Rule’s Effect on Small Businesses:
By broadening the type of projects allowed under ch. Trans 2, the proposed changes would allow s. 85.22, Stats. funds to be awarded to small private non-profit agencies that provide specialized transportation service to seniors and individuals with disabilities. Currently, s. 85.22, Stats. funds are restricted to funding only accessible vehicle purchases. These rules changes would allow a greater variety of projects using s. 85.22, Stats. funds; projects could include: staff costs associated with mobility management grants; and, voucher programs, volunteer driver programs, and service operating costs with operating assistance grants. Fiscal effect: There are no additional funds being requested by the changes to ch. Trans 2. No fiscal effects are anticipated. Anticipated costs incurred by private sector: No additional costs in the private sector are anticipated. By broadening the projects allowed under ch. Trans 2, non-profit organizations may be awarded additional funding for their operating and non-vehicle capital projects. The only cost incurred by a private non-profit applying for s. 85.22, Stats. funds would be the local match required towards an awarded project. Agency Contact Person:
John Swissler
State of Wisconsin Department of Transportation
Division of Transportation Investment Management
4822 Madison Yards Way, Transit Section 6th Floor
Madison, Wisconsin 53705
608-264-9532
Place Where Comments Should Be Submitted and Deadline:
Comments may be submitted to the agency contact person listed above until the deadline given in the upcoming notice of public hearing. The deadline for submitting comments and the notice of public hearing will be posted on the Wisconsin Administrative Rules Website at http://adminrules.wisconsin.gov after the hearing is scheduled. TEXT OF PERMANENT RULE
Trans 2 (title) is amended to read:
ELDERLY AND DISABLED TRANSPORTATION CAPITAL ASSISTANCE PROGRAM ENHANCED MOBILITY FOR SENIORS AND INDIVIDUALS WITH DISABILITIES GRANT PROGRAM
Trans 2.01 is amended to read:
Trans 2.01 Purpose and scope. The purposes of this chapter are to establish the department's administrative interpretation of s. 85.22, Stats., including the administration of assistance under the federal sec. 5310 program, and to prescribe administrative policies and procedures for implementing the elderly and disabled specialized transportation capital assistance program authorized under s. 85.22, Stats. Trans 2.015 (1) is repealed.
Trans 2.015 (6) is amended to read:
Trans 2.015 (6) “Other transportation providers provider” include means a public, private nonprofit and nonprofit, or private for-profit businesses business or organizations organization, other than a given an eligible applicant, which operate operates passenger transportation services using the same mode of transportation as an applicant.
