84.31 (8) (b) The department and another state agency may enter into agreements for the purpose of assigning to the other state agency the responsibility for the administration of this section and rules adopted under this section. To the extent responsibility for administration is assigned to the other agency under such agreements, the other state agency shall have the same powers and duties conferred on the department under this section. The department shall reimburse the other state agency from the appropriation under s. 20.395 (3) (cq) and (cx) for all expenses, including administrative expenses, incurred by the other state agency in connection with the screening, relocation, removal or disposal of junkyards under the authority assigned to the other state agency, except that no moneys may be reimbursed for the acquisition of land or interests in land contrary to s. 86.255.

84.59 (2) The department may, under s. 18.56 (5) and (9) (j) 18.561 or 18.562, deposit in a separate and distinct fund outside the state treasury, in an account maintained by a trustee, revenues derived under s. 341.25. The revenues deposited are the trustee's revenues in accordance with the agreement between this state and the trustee or in accordance with the resolution pledging the revenues to the repayment of revenue obligations issued under this section.

84.59 (6) Revenue obligations may be contracted by the The building commission may contract revenue obligations when it reasonably appears to the building commission that all obligations incurred under this section can be fully paid from moneys received or anticipated and pledged to be received on a timely basis. Revenue Except as provided in this subsection, the principal amount of revenue obligations issued under this section shall may not exceed $1,348,058,900 in principal amount, excluding obligations issued to refund outstanding revenue obligations. Not more than $1,255,499,900 of the $1,348,058,900 may $1,447,085,500 and may be used for transportation facilities under s. 84.01 (28) and major highway projects under ss. 84.06 and 84.09. In addition to the foregoing limit on principal amount, the building commission may contract revenue obligations under this section as the building commission determines is desirable to refund outstanding revenue obligations contracted under this section and to pay expenses associated with revenue obligations contracted under this section.

85.024 (2) The department shall administer a bicycle and pedestrian facilities program to award grants of assistance to political subdivisions for the planning, development or construction of bicycle and pedestrian facilities. Annually, the The department shall award from the appropriation under s. 20.395 (2) (nx) (ox) grants to political subdivisions under this section. A political subdivision that is awarded a grant under this section shall contribute matching funds equal to at least 25% of the amount awarded under this section. The department shall select grant recipients annually beginning in 1994 from applications submitted to the department on or before April 1 of each year The total amount of the grants awarded under this subsection and ss. 85.026 (2) (b) and 85.243 (2) (am) and projects approved under s. 85.245 (1m) for the planning, design or construction of bicycle and pedestrian facilities may not exceed $9,755,000 in the fiscal year in which the grants are awarded or the projects are approved. If the department determines that a grant was awarded under this subsection for a project on which construction will not be completed within a reasonable time after the grant is awarded, the department may withdraw that grant and the amount of the grant withdrawn may not be counted under this subsection.

85.026 (2) (a) The Subject to s. 85.61, the department may administer a program to award grants of assistance to any political subdivision or state agency, as defined in s. 20.001 (1), for transportation enhancement activities consistent with federal regulations promulgated under 23 USC 133 (b) (8). The Except as provided in par. (b), the grants shall be awarded from the appropriations under s. 20.395 (2) (nv) and (nx).

85.026 (2) (b) Grants awarded under this section for the planning, design and construction of bicycle and pedestrian facilities shall be only awarded from the appropriation under s. 20.395 (2) (ox). The total amount of the grants awarded under this paragraph and ss. 85.024 and 85.243 (2) (am) and projects approved under s. 85.245 (1m) for the planning, design or construction of bicycle and pedestrian facilities may not exceed $9,755,000 in the fiscal year in which the grants are awarded or the projects are approved. If the department determines that a grant was awarded under this paragraph for a project on which construction will not be completed within a reasonable time after the grant is awarded, the department may withdraw that grant and the amount of the grant withdrawn may not be counted under this paragraph.

85.026 (3) Procedure. The department may not approve a grant under sub. (2) until after enactment of the biennial budget act for the biennium during which the grant will be awarded. The total amount of grants awarded under sub. (2) and paid from the appropriations under s. 20.395 (2) (nv) and (nx) may not exceed the amounts appropriated under s. 20.395 (2) (nv) and (nx) for the purposes of transportation enhancement activities for the biennium during which the grants are awarded. If the department determines that a grant was awarded under sub. (2) for a project on which construction will not be completed within a reasonable time after the grant is awarded, the department may withdraw that grant and the amount of the grant so withdrawn may not be counted under this subsection.

85.037 Certification of fees collected. Annually, no later than October 1, the secretary of transportation shall certify to the secretary of administration the amount of fees collected under s. ss. 101.9208 (1) (dm) and 342.14 (3m) during the previous fiscal year, for the purpose of determining the amounts to be transferred under s. 20.855 (4) (f) during the current fiscal year.

85.05 Evaluation of proposed major highway projects. The department by rule shall establish a procedure for numerically evaluating projects considered for enumeration under s. 84.013 (3) as a major highway project. The evaluation procedure may include any criteria that the department considers relevant. The rules shall establish a minimum score that a project shall meet or exceed when evaluated under the procedure established under this section before the department may recommend the project to the transportation projects commission for consideration under s. 13.489 (4).

85.055 Passenger railroad station improvements. (1) In this section, "Local governmental unit" means a city, village, town or county or an agency or subdivision of a city, village, town or county.

(2) The department shall administer a passenger railroad station improvement grant program. From the appropriation under s. 20.395 (2) (ct), the department shall award grants to local governmental units or private entities for the construction or rehabilitation of passenger railroad stations along existing or proposed rail passenger routes. The amount of a grant awarded under this section shall be limited to an amount equal to 33% of the cost of the project or $60,000, whichever is less.

(3) The department may not award a grant under this section to a public entity unless the governing body of the city, town, village or county has adopted a resolution supporting the proposed project.

(4) The department shall promulgate rules to administer the program.

85.07 (7) (b) When evaluating and selecting proposed hazard elimination projects to be funded using federal funds available under 23 USC 152, the department shall consider the reduction in motor vehicle accidents that will result from the proposed projects, except that, if a proposed project will reduce the response time of emergency vehicles, the department shall consider both the reduction in motor vehicle accidents that will result from the proposed project and the public safety benefits that will result from a reduction in the response time of emergency vehicles.

85.12 (3) The department may contract with any local governmental unit, as defined in s. 16.97 (7), to provide that local governmental unit with services under this section.

85.20 (1) (g) "Operating expenses" mean costs accruing to an urban mass transit system by virtue of its operations, including costs to subsidize fares paid by disabled persons for transportation within the urban area of the eligible applicant, and , for eligible applicants receiving aid under sub. (4m) (a) 7. or 8., maintenance. "Operating expenses" do not include costs accruing to an urban mass transit system from services provided by a publicly owned urban mass transit system under a contract awarded on the basis of competitive bids unless the urban mass transit system's bid used the fully allocated cost methodology described in sub. (8). For a publicly owned system, operating expenses do not include profit, return on investment or depreciation as costs. If a local public body contracts for the services of a privately owned system on the basis of competitive bids, operating expenses may include as costs depreciation on the facilities and equipment that the privately owned system acquired without benefit of public financial assistance, profit and return on investment. If a local public body contracts for the services of a privately owned system on the basis of negotiated procurement, operating expenses may include as costs depreciation on the facilities and equipment that the privately owned system acquired without benefit of public financial assistance. In an urban area which is served exclusively by shared-ride taxicab systems, operating expenses may include costs to subsidize reasonable fares paid by all users for transportation within the urban area of the eligible applicant.

85.20 (1) (h) "Operating revenues" mean income accruing to an urban mass transit system by virtue of its operations, but do not include income accruing from operations under a contract awarded on the basis of competitive bids to a publicly owned urban mass transit system that did not use the fully allocated cost methodology described in sub. (8).

85.20 (4m) (a) (intro.) An amount shall be allocated The department shall pay annually to the eligible applicant described in subd. 6. cm. the amount of aid specified in subd. 6. cm. The department shall pay annually to the eligible applicant described in subd. 6. d. the amount of aid specified in subd. 6. d. The department shall allocate an amount to each eligible applicant described in subd. 7. or 8. to ensure that the sum of state and federal aids for the projected operating expenses of each eligible applicant's urban mass transit system is equal to a uniform percentage, established by the department, of the projected operating expenses of the mass transit system for the calendar year. For calendar year 1999, the operating expenses used to establish the uniform percentage shall be the projected operating expenses of an urban mass transit system. Subject to sub. (4r), for calendar year 2000 and thereafter the operating expenses used to establish the uniform percentage shall be the operating expenses incurred during the 2nd calendar year preceding the calendar year for which aid is paid under this section. The department shall make allocations as follows:

85.20 (4m) (a) 6. a. From the appropriation under s. 20.395 (1) (hq), the uniform percentage for each eligible applicant in an urban area served by an urban mass transit system with annual operating expenses in excess of $20,000,000. This subd. 6. a. does not apply to aid payable for calendar year 2000 or thereafter.

85.20 (4m) (a) 6. b. For the purpose of making allocations under subd. 6. a., the amounts amount for aids are $60,984,900 in calendar year 1998 and is $63,119,300 in calendar year 1999 and thereafter. These amounts,. This amount, to the extent practicable, shall be used to determine the uniform percentage in the particular calendar year 1999. This subd. 6. b. does not apply to aid payable for calendar year 2000 or thereafter.

85.20 (4m) (a) 6. cm. Beginning with aid payable for calendar year 2000, from the appropriation under s. 20.395 (1) (ht), the department shall pay $53,555,600 to the eligible applicant that pays the local contribution required under par. (b) 1. for an urban mass transit system that has annual operating expenses in excess of $80,000,000. If the eligible applicant that receives aid under this subd. 6. cm. is served by more than one urban mass transit system, the eligible applicant may allocate the aid between the urban mass transit systems in any manner the eligible applicant considers desirable.

85.20 (4m) (a) 6. d. Beginning with aid payable for calendar year 2000, from the appropriation under s. 20.395 (1) (hu), the department shall pay $14,297,600 to the eligible applicant that pays the local contribution required under par. (b) 1. for an urban mass transit system that has annual operating expenses in excess of $20,000,000 but less than $80,000,000. If the eligible applicant that receives aid under this subd. 6. d. is served by more than one urban mass transit system, the eligible applicant may allocate the aid between the urban mass transit systems in any manner the eligible applicant considers desirable.

85.20 (4m) (a) 7. b. For the purpose of making allocations under subd. 7. a., the amounts for aids are $17,799,600 in calendar year 1998 and $18,422,500 in calendar year 1999 and $19,804,200 in calendar year 2000 and thereafter. These amounts, to the extent practicable, shall be used to determine the uniform percentage in the particular calendar year.

85.20 (4m) (a) 8. b. For the purpose of making allocations under subd. 8. a., the amounts for aids are $4,807,600 in calendar year 1998 and $4,975,900 in calendar year 1999 and $5,349,100 in calendar year 2000 and thereafter. These amounts, to the extent practicable, shall be used to determine the uniform percentage in the particular calendar year.

85.20 (4r) Expansion of service. An eligible applicant that receives aid under sub. (4m) (a) 7. or 8. shall notify the department if the eligible applicant anticipates receiving new or expanded services provided by an urban mass transit system in a manner that will increase operating expenses. The eligible applicant shall provide the notice during the calendar year preceding the calendar year in which the new or expanded services will first be provided. The notice shall include an estimate of the projected annual operating expenses of the new or expanded services. The department may modify the projected annual operating expenses to an amount that the department considers reasonable. The department shall adjust the projected annual operating expenses for inflation and, for each calendar year for which actual operating costs of the new or expanded services are not known, shall add the adjusted projected annual operating expenses to the operating expenses used to determine the uniform percentage under sub. (4m) (a) (intro.).

85.20 (4s) Payment of aids under the contract. The contracts executed between the department and eligible applicants under this section shall provide that the payment of the state aid allocation under sub. (4m) (a) for the last quarter of the state's fiscal year shall be provided from the following fiscal year's appropriation under s. 20.395 (1) (hq), (hr) or, (hs), (ht) or (hu).

85.20 (6) (c) Disclose to the department the amount of federal aid over which the eligible applicant has spending discretion and that the eligible applicant intends to apply towards operating expenses for a calendar year. This paragraph applies only to an eligible applicant that receives aid under sub. (4m) (a) 7. or 8.

85.20 (6m) Local segregated account required. (a) Notwithstanding sub. (4m), the department may not pay state aid under this section to an eligible applicant unless the eligible applicant does all of the following:

1. Establishes and administers a separate segregated account from which moneys may be used only for purposes related to a mass transit system.

2. Deposits in the account established under subd. 1. all of the following:

a. All moneys received from this state and from the federal government for a mass transit system.

b. All local moneys required by this state, or by the federal government, to match moneys described under subd. 2. a. as a condition of receiving or expending those state or federal moneys.

c. All local moneys allocated for a mass transit system by the eligible applicant.

d. All moneys received from a local revenue source that is dedicated to a mass transit system.

(b) If an eligible applicant does not meet the requirements under par. (a) at the time that aid should be paid under this section, the department shall withhold the aid payment until the eligible applicant meets the requirements under par. (a). When the eligible applicant meets the requirements under par. (a), the department shall pay the aid withheld under this paragraph, without interest, except that, if the eligible applicant fails to meet the requirements under par. (a) within 180 days after the time that the aid should be paid, that aid is forfeited and may not be paid to that eligible applicant. Aid that is forfeited under this paragraph shall be counted under this section as if the aid had been paid.

(c) The department, in consultation with the representatives appointed under s. 86.303 (5) (am), shall promulgate rules implementing this subsection . The department may not require any eligible applicant to do any of the following:

1. Pay expenses related to law enforcement using moneys from an account established under this subsection.

2. Maintain separate checking accounts to implement this subsection, if the eligible applicant implements this subsection by segregating revenues and expenditures described in this subsection in the eligible applicant's bookkeeping system.

85.20 (7) (c) Beginning with contracts for aid payable for calendar year 2000, the department may not enter into a contract for payment of state aids under sub. (4m) unless the rules promulgated under this subsection are in effect and unless the contract requires the urban mass transit system to comply with those rules as a condition of receiving aid under sub. (4m).

85.20 (8) Fully allocated cost bidding. If a local public body solicits bids to contract for services, the bids of a publicly owned urban mass transit system shall use a fully allocated cost methodology established by the department by rule. The fully allocated cost methodology shall do all of the following:

(a) Be based on generally accepted accounting principles.

(b) Consider all shared costs and direct costs of the mass transit system that are related to and support the service being considered. A publicly owned urban mass transit system's costs include all subsidies provided to the system, including operating subsidies, capital grants and the use of public facilities.

(c) Assign each cost of a publicly owned urban mass transit system to one of the following categories:

1. Costs that depend on the number of vehicle hours operated, including operators' salaries and fringe benefits.

2. Costs that depend on the number of vehicle miles traveled, including fuel costs, maintenance costs and maintenance personnel salaries and fringe benefits.

3. Costs that depend on the maximum number of vehicles that are in service during the day, including administrative and capital costs.

85.205 Prohibited expenditures for light rail. Notwithstanding ss. 85.022, 85.062 and 85.063, the department may not encumber or expend any federal funds received under P.L. 102-240, section 1045, or P.L. 105-277, section 373, or state funds for any purpose related to a light rail mass transit system. This section does not apply to any light rail mass transit system that is being constructed on the effective date of this section .... [revisor inserts date]. This section does not apply to any funds expended or activity related to a mass transit system that is done under the memorandum of agreement concerning USH 12 between Middleton and Lake Delton, Wisconsin, that was executed by the governor, the secretary of transportation, the secretary of natural resources, the county executive of Dane County, the administrative coordinator of Sauk County, and others, and that became effective on April 22, 1999. This section does not apply after June 30, 2001.

85.22 (2) (am) (intro.) "Eligible applicant" means any applicant that meets eligibility requirements for federal assistance under 49 USC 1612 (b) (2) 5310 (a) and is one of the following:

85.22 (4) (a) (intro.) Commencing with the highest ranked application and to the extent that state moneys are available, the department shall offer to each eligible applicant an amount of state aid such that the sum of federal and state aid received by an applicant does not exceed 80% any of the following:

1. The percentage, specified by the department by rule, of the estimated capital project costs.

(b) State aids available under this section shall not be available for operating purposes.

85.22 (4) (a) 2. For the specific type or category of capital equipment for which aid is paid, the percentage of the estimated capital costs that are eligible for federal aid.

85.243 (2) (a) The Subject to par. (ar), the department shall administer a surface transportation discretionary grants program to promote the development and implementation of surface transportation projects that foster the diverse transportation needs of the people of this state. Annually, the department may make grants to eligible applicants for surface transportation projects that promote nonhighway use or that otherwise supplement existing transportation activities. A grant may not exceed 80% of the total cost of a project. The department shall give priority to funding projects that foster alternatives to single-occupancy automobile trips. In deciding whether to award a grant under this section, the department may consider whether other funding sources are available for the proposed project.

85.243 (2) (am) Grants awarded under this section for the planning, design or construction of bicycle and pedestrian facilities shall be only awarded from the appropriation under s. 20.395 (2) (ox). The total amount of the grants awarded under this paragraph and ss. 85.024 and 85.026 (2) (b) and projects approved under s. 85.245 (1m) for the planning, design or construction of bicycle and pedestrian facilities may not exceed $9,755,000 in the fiscal year in which the grants are awarded or the projects are approved. If the department determines that a grant was awarded under this paragraph for a project on which construction will not be completed within a reasonable time after the grant is awarded, the department may withdraw that grant and the amount of the grant withdrawn may not be counted under this paragraph.