Section 28.05. Project selection.

 

(1)  The department shall base its project selection on the following criteria, listed in each paragraph in descending order of importance:

(a) Economic impact of the project:

1. Indicators of expected economic impact shall be determined by a benefit–cost analysis. Benefits must exceed costs for the project to be further evaluated for funding.

2. The expected number of jobs created by a project or lost by not completing a project shall be considered.

(b) Type and urgency of the project:

1. An urgent project shall be given priority. A project is urgent if:

a. Harbor depth is less than, or within 18 months after the application date is projected to be less than, the navigation depth required for harbor usage.

b. A dockwall has deteriorated so that a terminal facility is not, or within 18 months after the application date is projected to be not, usable for terminal purposes.

c. Failure to complete the project would decrease passenger or commodity movement through a harbor or through a commercial, transportation facility by 25% or more.

2. The following project types shall have the following priority order for grant award:

a. Maintenance dredging of materials with its attendant disposal where maintenance is the responsibility of a local government and is performed outside a United States corps of engineers project area.

b. Dockwall repair or maintenance.

c. Maintenance dredging and disposal within a United States corps of engineers project area.

d. New project development of a commercial transportation facility, where the development involves dredging, dredged material disposal and dockwall construction.

e. Maintenance of a commercial transportation facility other than maintenance described in subd. 2. a. , b. or c.

f. New project development of a commercial transportation facility other than that development described in subd. 2. d.

(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.

(2)  The department may deny funding of otherwise eligible projects if:

(a) The application was submitted by an ineligible applicant or was submitted after the due date.

(b) The application is incomplete.

(c) The project is inconsistent with the criteria in this chapter.

(d) Harbor assistance program funds are inadequate.

(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.

(f) The project has a lower priority than others requiring harbor assistance program funding during the current biennium.

(g) The eligible applicant has not met the program planning requirements under s. Trans 28.10 .

(h) The project proposed is inconsistent with applicable harbor development plans or local comprehensive plans.

(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.

History: 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 .