Section Trans 8.03 - Distribution of federal assistanceThe governor's annual apportionment of federal section 5307 funds shall be distributed as follows:
(1)(a) Funds apportioned to the governor and made available by the department for operating assistance shall be allocated annually among eligible recipients in proportion to each recipient's share of the projected operating expenses of all eligible recipients for the project year. No recipient may receive an allocation that exceeds 50% of its operating deficit for any project year in accordance with 49 USC 5307(d) (2); and no recipient shall receive an allocation that when combined with the state s. 85.20, Stats., operating assistance funds exceeds 60% of its projected operating expenses.(b) The department shall provide to each eligible recipient projections of state and federal fund amounts for operating assistance which will be allocated to each recipient for the next project year as soon as possible after October 1, based on the best information available at the time regarding state and federal budgeted amounts and the operating assistance needs of the recipients.(2) Funds apportioned to the governor and not allocated for operating assistance under sub. (1) shall be made available on an annual basis to eligible recipients to cover up to 80% of the cost of capital projects, or at the department's discretion up to 90% of the costs of projects required to comply with the Americans with Disabilities Act or Clean Air Act. In any project year in which requests for capital assistance exceed available funds, the department shall rank the requests in consultation with eligible recipients. The ranking shall consider the age and condition of capital items requiring replacement or rehabilitation, and transit system needs. The department shall consider the following hierarchy, along with emergent capital needs among eligible recipients, when selecting projects for funding: (a) Projects to replace or rehabilitate existing vehicles and maintenance equipment.(b) Projects to improve or rehabilitate existing maintenance and storage facilities.(c) Projects to purchase and install passenger amenities such as shelters and bus stop signs.(d) Projects to purchase vehicles necessary to expand transit service.(e) Projects to construct new maintenance and storage facilities and major passenger transfer facilities.(f) Capitalized maintenance projects for existing transit systems.(g) Other capital projects for which the use of section 5307 funds is permitted under 49 USC chapter 53.(3) Any uncommitted balances of the governor's apportionment after capital assistance needs are met under sub. (2) and any unexpended balances from previous years under this section shall be carried forward to the following year.Wis. Admin. Code Department of Transportation § Trans 8.03
Cr. Register, January, 1987, No. 373, eff. 2-1-87; emerg. am. (1) (a) and (3), eff. 2-20-92; am. (1) (a) and (3), Register, June, 1992. No. 438, eff. 7-1-92; am. (intro.), (1) (b) and (3), r. (2) (b), renum. and am. (2) (a) (intro.) to be (2) (intro.), and (2) (a) 3. to be (2) (c), renum. (2) (a) 1., 2., 4. and 5. to be (2) (a), (b), (d) and (e), Register, November, 2000, No. 539, eff. 12-1-00.Amended by, CR 18-065: am. (title), (1), (2) (intro.), (a), cr. (2) (f), (g), am. (3) Register October 2020 No. 778, eff. 11/1/2020