Trans 28.05(1)(b)2.c.c. Maintenance dredging and disposal within a United States corps of engineers project area. Trans 28.05(1)(b)2.d.d. New project development of a commercial transportation facility, where the development involves dredging, dredged material disposal and dockwall construction. Trans 28.05(1)(b)2.f.f. New project development of a commercial transportation facility other than that development described in subd. 2. d. Trans 28.05(1)(c)(c) Amount of tonnage and waterborne transportation: Higher priority shall be given to projects in harbors with larger amounts of tonnage and waterborne transportation, and a lower priority shall be given to projects in harbors with lesser amounts of tonnage and waterborne transportation. Improvements that benefit cruise vessels shall be of lower priority than improvements benefiting vessels transporting cargo or operating as ferries. Trans 28.05(2)(2) The department may deny funding of otherwise eligible projects if: Trans 28.05(2)(a)(a) The application was submitted by an ineligible applicant or was submitted after the due date. Trans 28.05(2)(e)(e) The project is speculative; that is, the eligible applicant for a new project development has no firm financial commitment from a potential lessee or operator that ensures future, productive use of the work performed under the project. Trans 28.05(2)(f)(f) The project has a lower priority than others requiring harbor assistance program funding during the current biennium. Trans 28.05(2)(h)(h) The project proposed is inconsistent with applicable harbor development plans or local comprehensive plans. Trans 28.05(3)(3) The department shall establish an advisory council, under authority of s. 15.04 (1) (c), Stats., to evaluate harbor assistance program project applications. The advisory council shall include a representative of the Wisconsin Economic Development Corporation and of the Wisconsin coastal management council and shall include 2 or 3 other persons familiar with water transportation. Consistent with this chapter, the advisory council shall evaluate and rank the proposed projects and shall recommend to the department the priority of the projects to be funded. Trans 28.05 HistoryHistory: Cr. Register, February, 1985, No. 350, eff. 3-1-85; correction in (2) (g) made under s. 13.93 (2m) (b) 7., Stats., Register, December, 1987, No. 384; CR 01-117: am. (1) (a) 1., (c), and (3) Register March 2002 No. 555, eff. 4-1-02; CR 05-019: am. (1) (b) 2. d. to f., (2) (e) and (g) Register July 2005 No. 595, eff. 8-1-05; correction in (3) made under s. 13.92 (4) (b) 6., Stats., Register January 2012 No. 673; correction in (3) made under s. 13.92 (4) (b) 6., Stats., Register January 2012 No. 673; correction in (3) made under s. 13.92 (4) (b) 6., Stats., Register February 2012 No. 674. Trans 28.06(1)(1) The department shall annually establish deadlines for filing harbor assistance project applications and shall give appropriate notice of the deadlines. Notice shall be by mail, sent to every eligible applicant that has met the planning requirements under s. Trans 28.10. The department shall issue notice of the grant awards within 180 days after an application deadline. No grant funds may be committed to an eligible applicant until a grant agreement is negotiated and signed by the department and the eligible applicant. Trans 28.06(2)(2) The department may rescind grant awards in whole or in part if: Trans 28.06(2)(a)(a) All legally required permits are not obtained by July 1 of the calendar year for which a grant is awarded; Trans 28.06(2)(c)(c) Funds to be made available from other sources because of the grant are not advanced when due; Trans 28.06(2)(d)(d) Work eligible for grant reimbursement is not begun in the calendar year for which the grant was awarded; Trans 28.06(2)(e)(e) A significant change in the project scope occurs after notice of the grant award is issued; or Trans 28.06(3)(3) The department shall rescind a grant award if the eligible applicant withdraws its application or is unable to enter a grant agreement in the calendar year for which the grant is awarded. Trans 28.06(4)(4) Recision of a grant award, in whole or in part, shall permit the department to award a grant to the next, most highly ranked, unfunded project on the current project priority list that can be funded under the requirements of this chapter. Trans 28.06 HistoryHistory: Cr. Register, February, 1985, No. 350, eff. 3-1-85; CR 05-019: am. (1) Register July 2005 No. 595, eff. 8-1-05.