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. Trans 28.07(1)(1) In accordance with s. 85.095 (2) (a), Stats., the state share of project costs may not exceed 80% of the eligible costs incurred by the eligible applicant for the harbor assistance project. Trans 28.07(2)(2) For projects funded in part by the U.S. army corps of engineers, the state share may not exceed 50% of the non-federal share of the project costs. Trans 28.07(3)(3) For projects with federal funding, other than those projects funded in part by the U.S. army corps of engineers as described in sub. (2), the state share may not exceed 80% of the non-federal share of project costs; furthermore, the minimum eligible applicant share shall be no less than 10% of project costs. Trans 28.07(4)(4) The department may not assume a continuing funding responsibility for any project. Trans 28.07 HistoryHistory: Cr. Register, February, 1985, No. 350, eff. 3-1-85; CR 01-117: am. (4) Register March 2002 No. 555, eff. 4-1-02; CR 05-019: am. (1) and (3) Register July 2005 No. 595, eff. 8-1-05. Trans 28.08(1)(1) Harbor assistance projects for which grants are approved shall be formally implemented through grant agreements between the department and the eligible applicant. If the eligible applicant is unable or unwilling to enter into a grant agreement with the department in the calendar year for which the applicant’s project is approved, the applicant shall resubmit another application for the project before the department shall again consider it for funding. Trans 28.08(2)(2) The types and amounts of costs eligible for state assistance shall be negotiated in developing a grant agreement. Eligible costs may include final engineering, construction, and dredging costs and other costs agreed to by the department and the eligible applicant. The following items, however, are not eligible for reimbursement: