Section 84.185. Transportation facilities economic assistance and development.

 

(1)   Definitions. In this section:

(a) “Business" means a company located in this state, a company that has made a firm commitment to locate a facility in this state, or a group of companies at least 80 percent of which are located in this state.

(am) “Economic development project" means a business development that directly and significantly increases the number of jobs in this state.

(b) “Governing body" means a county board, city council, village board, town board, regional planning commission or transit commission under s. 59.58 (2) or 66.1021 .

(bm) “Grant ceiling" means the department's maximum financial participation in an improvement.

(c) “Improvement" includes construction, reconstruction and the activities, operations and processes incidental to building, fabricating or bettering a transportation facility, but not maintaining or operating a transportation facility.

(ce) “Job" means a position providing full-time equivalent employment. “Job" does not include initial training before an employment position begins.

(cm) “Political subdivision" means a county, city, town, or village.

(d) “Transportation facility" means any of the following:

1. A highway as defined in s. 340.01 (22) .

2. A runway, taxiway or apron of an airport as defined in s. 114.002 (7) .

3. A harbor improvement as defined in s. 85.095 (1) (b) .

4. Rail property consisting of an industrial lead, spur, team track property or trackside intermodal transfer facility.

5. A segment of railroad track, if the conditions under sub. (2) (c) are met.

(2)   Approval of improvements.

(a) The secretary may approve the improvement of a transportation facility under this section if the improvement is a component of an economic development project.

(b) The secretary may approve an improvement under this section only after determining all of the following:

1. Whether the improvement is a justified transportation need. An improvement qualifies as a justified transportation need only when the secretary determines that the costs of the improvement are substantially balanced by significant transportation benefits resulting from the improvement.

2. The cost of the improvement.

3. The ratio of the cost of the improvement to the increase in the number of jobs in this state resulting directly from the improvement or economic development project.

4. The number of jobs which the improvement or economic development project will cause to be retained or increased in this state.

5. Whether the political subdivision will contribute, from funds not provided by this state, not less than 50 percent of the cost of the improvement.

6. The value of the expenditures required for local infrastructure relating to the improvement.

7. Whether the improvement is compatible and complementary to other transportation facilities and improvements in the political subdivision.

8. Whether the improvement serves a public purpose.

9. Whether the improvement is unlikely to be made without assistance under this section.

10. Whether the improvement will be located in an area of high unemployment or low average income.

11. Whether the improvement will contribute to the economic growth of this state and the well-being of the residents of this state.

12. Whether a business that would be helped by an improvement is financially sound.

14. Whether the improvement would have a significant negative impact on other businesses.

(c) The secretary may approve the relocation of a segment of railroad track as an improvement of a transportation facility if the land on which the track lies is necessary for the expansion or continued operation of an existing business facility and the conditions under pars. (a) and (b) are met.

(3)   Department share.

(a) When awarding a grant under this section, the department shall establish a grant ceiling. Except as provided in par. (b) 2. , the grant ceiling shall not be amended after the secretary has approved an application for funding. Except as provided in par. (b) , the grant ceiling shall be the lesser of the following:

1. 50 percent of the anticipated cost of the improvement.

2. Five thousand dollars for each job in this state resulting directly from the improvement or economic development project.

(b)

1. If the secretary finds that special circumstances exist, the secretary may increase the grant ceiling determined under par. (a) .

2. The secretary may increase the grant ceiling determined under par. (a) by $50,000 if the secretary determines that all of the following apply:

a. The improvement includes the construction, expansion or rehabilitation of a rail spur or other facility related to railroads.

b. The applicant demonstrates that the improvement will result in a reduction in the amount of motor truck traffic entering or exiting the area or community in which the improvement is located.

c. The department received the application for assistance under this section before April 27, 1998, and either the improvement was not completed by that date or not all reimbursements under this section were made by that date.

3. The department may reduce the grant ceiling determined under par. (a) for any reason, including the following:

a. The grant ceiling determined under par. (a) is based on 50 percent of the anticipated cost of the improvement and would result in a grant exceeding $1 million.

b. Grants for all eligible applications would exceed available funds.

(3m)   Review of applications. The department shall accept, review, and make determinations on applications for assistance under this section on a continuing, year-round basis. The department shall make a determination on each application for assistance under this section within a reasonable time after its receipt by the department.

(4)   Rules. The department shall promulgate rules establishing criteria for making determinations under this section. The rules shall include criteria to rank projects and make competitive selections, and criteria and procedures for the repayment of loans made under sub. (6m) .

(6m)   Administration. From the appropriations under s. 20.395 (2) (iq) , (iv) and (ix) , upon the approval of the secretary under sub. (2) , the department may make improvements to or provide other assistance for the improvement of a transportation facility under sub. (1) (d) 1. to 3. or provide other assistance for the improvement of a transportation facility under sub. (1) (d) 4. or 5. The department may make loans from the appropriations under s. 20.395 (2) (iq) and (iw) for the improvement of a transportation facility. The state share of costs for the improvement of a transportation facility, including any loans made under this subsection for the improvement of the transportation facility, may not exceed 50 percent of the cost of the improvement.

(7m)   Agreements. The department may enter into agreements with a governing body or private source, or both, respecting the financing of an improvement under this section.

(8m)   Exception. Nothing in this section prevents the improvement of a transportation facility under other applicable provisions.

(8r)   Ethanol production facilities. The department may not make a grant under this section after July 27, 2005, for an improvement related to an economic development project that involves the construction of an ethanol production facility, unless the department determines a competitive bidding process is used for the construction of the ethanol production facility.

(9)   Exclusion of private roads. No private road or driveway, as defined in s. 340.01 (46) , may be improved under this section.

1987 a. 27 ; 1989 a. 31 ; 1991 a. 39 ; 1993 a. 16 ; 1997 a. 237 ; 2001 a. 109 ; 2005 a. 25 ; 2007 a. 20 ; 2011 a. 32 . Cross-reference: See also ch. Trans 510 , Wis. adm. code.