Section 8.03. Distribution of federal aids.

  The governor's annual apportionment of federal section 5307 funds shall be distributed as follows:

(1)  

(a) Funds apportioned to the governor and available 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 1607a (k) (1); and no recipient shall receive an allocation that when combined with the state s. 85.20 , Stats., operating assistance funds exceeds 70% of its projected operating expenses.

(b) The department of transportation shall provide to each eligible recipient projections of the amount of state and federal funds for operating assistance which will be allocated to each recipient for the next project year as soon as possible after October 1 and once state and federal budgeted amounts are known along with reasonable estimates of the operating assistance needs of affected mass transit systems. The projections shall be based on the best information available at the time.

(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 90% of the costs if the project is required to comply with the Americans with Disabilities Act, included in the final program of projects submitted by each recipient to the secretary of the United States department of transportation as required by 49 USC 1607a (e)(2). In any project year in which requests for capital assistance exceed available funds, the rank order of priorities shall be established by the department in consultation with the eligible recipient. Annually, the rank order shall consider age, condition, transit service needs and urgency among other factors. The rank order shown below may be used, or it may be modified, until all funds available are distributed:

(a) Projects to replace or rehabilitate existing vehicles and maintenance and shop 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.

(3)  Any uncommitted balances of the governor's apportionment after capital assistance needs are met under sub. (2) or any unexpended balances from previous years under this section shall be carried forward to the following year.

History: 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.