AB270,23
4Section 23
. 16.765 (5) of the statutes is amended to read:
AB270,12,215
16.765
(5) The head of each contracting agency and the boards of directors of
6the University of Wisconsin Hospitals and Clinics Authority, the Fox River
7Navigational System Authority, the Wisconsin Aerospace Authority,
the Wisconsin
8Renewable Energy Development Authority, the Lower Fox River Remediation
9Authority, the Wisconsin Economic Development Corporation, and the Bradley
10Center Sports and Entertainment Corporation shall be primarily responsible for
11obtaining compliance by any contractor with the nondiscrimination and affirmative
12action provisions prescribed by this section, according to procedures recommended
13by the department. The department shall make recommendations to the contracting
14agencies and the boards of directors of the University of Wisconsin Hospitals and
15Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
16Aerospace Authority,
the Wisconsin Renewable Energy Development Authority, the
17Lower Fox River Remediation Authority, the Wisconsin Economic Development
18Corporation, and the Bradley Center Sports and Entertainment Corporation for
19improving and making more effective the nondiscrimination and affirmative action
20provisions of contracts. The department shall promulgate such rules as may be
21necessary for the performance of its functions under this section.
AB270,24
22Section 24
. 16.765 (6) of the statutes is amended to read:
AB270,13,623
16.765
(6) The department may receive complaints of alleged violations of the
24nondiscrimination provisions of such contracts. The department shall investigate
25and determine whether a violation of this section has occurred. The department may
1delegate this authority to the contracting agency, the University of Wisconsin
2Hospitals and Clinics Authority, the Fox River Navigational System Authority, the
3Wisconsin Aerospace Authority,
the Wisconsin Renewable Energy Development
4Authority, the Lower Fox River Remediation Authority, the Wisconsin Economic
5Development Corporation, or the Bradley Center Sports and Entertainment
6Corporation for processing in accordance with the department's procedures.
AB270,25
7Section 25
. 16.765 (7) (intro.) of the statutes is amended to read:
AB270,13,188
16.765
(7) (intro.) When a violation of this section has been determined by the
9department, the contracting agency, the University of Wisconsin Hospitals and
10Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
11Aerospace Authority,
the Wisconsin Renewable Energy Development Authority, the
12Lower Fox River Remediation Authority, the Wisconsin Economic Development
13Corporation, or the Bradley Center Sports and Entertainment Corporation, the
14contracting agency, the University of Wisconsin Hospitals and Clinics Authority, the
15Fox River Navigational System Authority, the Wisconsin Aerospace Authority,
the
16Wisconsin Renewable Energy Development Authority, the Lower Fox River
17Remediation Authority, the Wisconsin Economic Development Corporation, or the
18Bradley Center Sports and Entertainment Corporation shall:
AB270,26
19Section 26
. 16.765 (7) (d) of the statutes is amended to read:
AB270,14,220
16.765
(7) (d) Direct the violating party to take immediate steps to prevent
21further violations of this section and to report its corrective action to the contracting
22agency, the University of Wisconsin Hospitals and Clinics Authority, the Fox River
23Navigational System Authority, the Wisconsin Aerospace Authority,
the Wisconsin
24Renewable Energy Development Authority, the Lower Fox River Remediation
1Authority, the Wisconsin Economic Development Corporation, or the Bradley Center
2Sports and Entertainment Corporation.
AB270,27
3Section 27
. 16.765 (8) of the statutes is amended to read:
AB270,14,214
16.765
(8) If further violations of this section are committed during the term
5of the contract, the contracting agency, the Fox River Navigational System Authority,
6the Wisconsin Aerospace Authority,
the Wisconsin Renewable Energy Development
7Authority, the Lower Fox River Remediation Authority, the Wisconsin Economic
8Development Corporation, or the Bradley Center Sports and Entertainment
9Corporation may permit the violating party to complete the contract, after complying
10with this section, but thereafter the contracting agency, the Fox River Navigational
11System Authority, the Wisconsin Aerospace Authority,
the Wisconsin Renewable
12Energy Development Authority, the Lower Fox River Remediation Authority, the
13Wisconsin Economic Development Corporation, or the Bradley Center Sports and
14Entertainment Corporation shall request the department to place the name of the
15party on the ineligible list for state contracts, or the contracting agency, the Fox River
16Navigational System Authority, the Wisconsin Aerospace Authority,
the Wisconsin
17Renewable Energy Development Authority, the Lower Fox River Remediation
18Authority, the Wisconsin Economic Development Corporation, or the Bradley Center
19Sports and Entertainment Corporation may terminate the contract without liability
20for the uncompleted portion or any materials or services purchased or paid for by the
21contracting party for use in completing the contract.
AB270,28
22Section
28. 16.838 (1) (b) of the statutes is amended to read:
AB270,14,2423
16.838
(1) (b) “Authority" means a body created under subch. II of ch. 114 or
24ch. 231, 232, 233, 234,
235, or 237.
AB270,29
25Section 29
. 16.85 (2) of the statutes is amended to read:
AB270,15,10
116.85
(2) To furnish engineering, architectural, project management, and other
2building construction services whenever requisitions therefor are presented to the
3department by any agency. The department may deposit moneys received from the
4provision of these services in the account under s. 20.505 (1) (kc) or in the general
5fund as general purpose revenue — earned. In this subsection, “agency" means an
6office, department, independent agency, institution of higher education, association,
7society, or other body in state government created or authorized to be created by the
8constitution or any law, which is entitled to expend moneys appropriated by law,
9including the legislature and the courts, but not including an authority created in
10subch. II of ch. 114 or in ch. 231, 233, 234,
235, 237, 238, or 279.
AB270,30
11Section 30
. 16.865 (8) of the statutes is amended to read:
AB270,16,212
16.865
(8) Annually in each fiscal year, allocate as a charge to each agency a
13proportionate share of the estimated costs attributable to programs administered by
14the agency to be paid from the appropriation under s. 20.505 (2) (k). The department
15may charge premiums to agencies to finance costs under this subsection and pay the
16costs from the appropriation on an actual basis. The department shall deposit all
17collections under this subsection in the appropriation account under s. 20.505 (2) (k).
18Costs assessed under this subsection may include judgments, investigative and
19adjustment fees, data processing and staff support costs, program administration
20costs, litigation costs, and the cost of insurance contracts under sub. (5). In this
21subsection, “agency" means an office, department, independent agency, institution
22of higher education, association, society, or other body in state government created
23or authorized to be created by the constitution or any law, that is entitled to expend
24moneys appropriated by law, including the legislature and the courts, but not
1including an authority created in subch. II of ch. 114 or in ch. 231, 232, 233, 234,
235, 2237, 238, or 279.
AB270,31
3Section
31. 19.42 (10) (qm) of the statutes is created to read:
AB270,16,54
19.42
(10) (qm) The executive director and members of the board of directors
5of the Wisconsin Renewable Energy Development Authority.
AB270,33
8Section
33. 20.498 of the statutes is created to read:
AB270,16,11
920.498 Wisconsin Renewable Energy Development Authority. There is
10appropriated to the Wisconsin Renewable Energy Development Authority for the
11following program:
AB270,16,13
12(1) Authority operations. (a)
General program operations. As a continuing
13appropriation, the amounts in the schedule for the purposes of ch. 235.
AB270,34
14Section
34. 23.175 (1) (b) of the statutes is amended to read:
AB270,16,1915
23.175
(1) (b) “State agency" means any office, department, agency, institution
16of higher education, association, society or other body in state government created
17or authorized to be created by the constitution or any law which is entitled to expend
18moneys appropriated by law, including any authority created under subch. II of ch.
19114 or ch. 231, 233, 234,
235, or 237 but not including the legislature or the courts.
AB270,35
1Section
35. 25.17 (3) (b) 14. of the statutes is created to read:
AB270,17,32
25.17
(3) (b) 14. Bonds issued by the Wisconsin Renewable Energy
3Development Authority.
AB270,36
4Section
36. 40.02 (54) (k) of the statutes is created to read:
AB270,17,55
40.02
(54) (k) The Wisconsin Renewable Energy Development Authority.
AB270,37
6Section
37. 66.0603 (1m) (a) 3v. of the statutes is created to read:
AB270,17,87
66.0603
(1m) (a) 3v. Bonds issued by the Wisconsin Renewable Energy
8Development Authority.
AB270,38
9Section 38
. 70.11 (38o) of the statutes is created to read:
AB270,17,1410
70.11
(38o) Wisconsin Renewable Energy Development Authority. 11Notwithstanding the provisions of s. 70.11 (intro.) that relate to leased property or
12that impose other limitations, all property owned or leased by the Wisconsin
13Renewable Energy Development Authority, provided that use of the property is
14primarily related to the purposes of the authority.
AB270,39
15Section
39. 71.05 (1) (c) 7m. of the statutes is created to read:
AB270,17,1616
71.05
(1) (c) 7m. The Wisconsin Renewable Energy Development Authority.
AB270,40
17Section 40
. 71.26 (1) (be) of the statutes is amended to read:
AB270,17,2118
71.26
(1) (be)
Certain authorities. Income of the University of Wisconsin
19Hospitals and Clinics Authority, of the Fox River Navigational System Authority, of
20the Wisconsin Economic Development Corporation,
and of the Wisconsin Aerospace
21Authority
, and of the Wisconsin Renewable Energy Development Authority.
AB270,41
22Section
41. 71.26 (1m) (o) of the statutes is created to read:
AB270,17,2323
71.26
(1m) (o) Those issued under s. 235.06.
AB270,42
24Section
42. 71.45 (1t) (n) of the statutes is created to read:
AB270,17,2525
71.45
(1t) (n) Those issued under s. 235.06.
AB270,43
1Section
43. 77.54 (9a) (a) of the statutes is amended to read:
AB270,18,52
77.54
(9a) (a) This state or any agency thereof, the University of Wisconsin
3Hospitals and Clinics Authority, the Wisconsin Aerospace Authority,
the Wisconsin
4Renewable Energy Development Authority, the Wisconsin Economic Development
5Corporation, and the Fox River Navigational System Authority.
AB270,44
6Section
44. 100.45 (1) (dm) of the statutes is amended to read:
AB270,18,167
100.45
(1) (dm) “State agency" means any office, department, agency,
8institution of higher education, association, society, or other body in state
9government created or authorized to be created by the constitution or any law which
10is entitled to expend moneys appropriated by law, including the legislature and the
11courts, the Wisconsin Housing and Economic Development Authority, the Bradley
12Center Sports and Entertainment Corporation, the University of Wisconsin
13Hospitals and Clinics Authority, the Wisconsin Health and Educational Facilities
14Authority, the Wisconsin Aerospace Authority,
the Wisconsin Renewable Energy
15Development Authority, the Wisconsin Economic Development Corporation, and the
16Fox River Navigational System Authority.
AB270,45
17Section
45. 106.16 (2) of the statutes is amended to read:
AB270,18,2318
106.16
(2) Any company that receives a loan or grant from a state agency or
19an authority under ch. 231
or, 234
, or 235 shall notify the department and the local
20workforce development board established under
29 USC 2832, of any position in the
21company that is related to the project for which the grant or loan is received to be
22filled in this state within one year after receipt of the loan or grant. The company
23shall provide this notice at least 2 weeks prior to advertising the position.
AB270,46
24Section
46. 106.16 (3) of the statutes is amended to read:
AB270,19,3
1106.16
(3) A state agency or an authority under ch. 231
or, 234
, or 235 shall
2notify the Wisconsin Economic Development Corporation if it makes a loan or grant
3to a company.
AB270,47
4Section
47. 219.09 (1) (h) of the statutes is created to read:
AB270,19,55
219.09
(1) (h) The Wisconsin Renewable Energy Development Authority.
AB270,48
6Section 48
. 230.03 (3) of the statutes is amended to read:
AB270,19,167
230.03
(3) “Agency" means any board, commission, committee, council, or
8department in state government or a unit thereof created by the constitution or
9statutes if such board, commission, committee, council, department, unit, or the
10head thereof, is authorized to appoint subordinate staff by the constitution or
11statute, except the Board of Regents of the University of Wisconsin System, a
12legislative or judicial board, commission, committee, council, department, or unit
13thereof or an authority created under subch. II of ch. 114 or under ch. 231, 232, 233,
14234,
235, 237, 238, or 279. “Agency" does not mean any local unit of government or
15body within one or more local units of government that is created by law or by action
16of one or more local units of government.
AB270,49
17Section 49
. Chapter 235 of the statutes is created to read:
AB270,19,1818
CHAPTER 235
AB270,19,1919
Wisconsin renewable energy
AB270,19,2020
development authority
AB270,19,21
21235.01 Definitions. In this chapter:
AB270,19,23
22(1) “Authority" means the Wisconsin Renewable Energy Development
23Authority.
AB270,19,24
24(2) “Board" means the board of directors of the authority.
AB270,20,2
1(3) “Bond" means a bond, note, or other obligation of the authority issued under
2this chapter, including a refunding bond.
AB270,20,6
3(4) “Bond resolution" means a resolution of the board authorizing the issuance
4of, or providing terms and conditions related to, bonds and includes, when
5appropriate, any trust agreement, trust indenture, indenture of mortgage, or deed
6of trust providing terms and conditions for the bonds.
AB270,20,8
7(5) “Eligible business" means a commercial entity that does any of the
8following:
AB270,20,109
(a) Produces energy, fuels, chemicals, or products primarily from renewable
10resources or agricultural, forestry, plant, or other biological materials.
AB270,20,1211
(b) Provides services related to reducing energy consumption or improving
12energy efficiency.
AB270,20,16
13(6) “Eligible project" means a project of a commercial entity to construct any
14new plant, equipment, property, or facilities, or extend, improve, or add to any
15existing plant, equipment, property, or facilities, for the purpose of reducing energy
16consumption or improving energy efficiency of the commercial entity.
AB270,20,17
17(7) “Lender" does not include a seller under a land contract.
AB270,20,18
18(8) “Renewable resource" has the meaning given in s. 196.378 (1) (h).
AB270,20,21
19235.02 Creation and organization.
(1) (a) There is created a public body
20politic and corporate to be known as the “Wisconsin Renewable Energy Development
21Authority." The board of the authority shall consist of the following members:
AB270,20,2222
1. Four persons representing eligible businesses.
AB270,20,2323
2. One commercial lender.
AB270,20,2424
3. The secretary of natural resources or his or her designee.
AB270,21,2
14. The secretary of agriculture, trade and consumer protection or his or her
2designee.
AB270,21,43
5. The chief executive officer of the Wisconsin Economic Development
4Corporation or his or her designee.
AB270,21,55
6. The chairperson of the public service commission or his or her designee.
AB270,21,76
7. The dean of the College of Agricultural and Life Sciences of the University
7of Wisconsin-Madison or his or her designee.
AB270,21,98
8. The director of the Wisconsin Alumni Research Foundation or his or her
9designee.
AB270,21,1410
(b) The members under par. (a) 1. and 2. shall be nominated by the governor,
11and with the advice and consent of the senate appointed, for 4-year terms. Except
12for the initial members under par. (a) 1. and 2., before nominating the members
13under par. (a) 1. and 2., the governor shall obtain and consider the board's
14recommendations for nominees.
AB270,21,1515
(c) Members of the board shall be residents of this state.
AB270,21,1716
(d) The terms of the members appointed under par. (a) 1. and 2. expire on July
171. Each member's appointment remains in effect until a successor is appointed.
AB270,22,7
18(2) The board shall appoint an executive director who may not be a member of
19the board and who shall serve at the pleasure of the board. The board shall determine
20the compensation of the executive director, except that the compensation of the
21executive director may not exceed the maximum of the salary range established
22under s. 20.923 (1) for positions assigned to executive salary group 4, and the
23compensation of each other employee of the authority may not exceed the maximum
24of the salary range established under s. 20.923 (1) for positions assigned to executive
25salary group 3. The executive director or another person designated by resolution
1of the board shall keep a record of the proceedings of the authority and shall be
2custodian of all books, documents, and papers filed with the authority, the minute
3book or journal of the authority, and its official seal. The executive director, or other
4person, may cause copies to be made of all minutes and other records and documents
5of the authority and may give certificates under the official seal of the authority to
6the effect that the copies are true copies, and all persons dealing with the authority
7may rely upon the certificates.
AB270,22,15
8(3) Six members of the board constitute a quorum. The affirmative vote of a
9majority of all of the members of the board is necessary for any action taken by the
10authority. A vacancy in the membership of the board does not impair the right of a
11quorum to exercise all of the rights and perform all of the duties of the authority. All
12meetings of the board are subject to subch. V of ch. 19. Resolutions of the authority
13need not be published or posted. The board may delegate by resolution to one or more
14of its members or the executive director the powers and duties that it considers
15proper.
AB270,22,19
16(4) The members of the board shall receive no compensation for the
17performance of their duties as members, but each member shall be reimbursed for
18the member's actual and necessary expenses while engaged in the performance of the
19member's duties.
AB270,22,23
20(5) No cause of action of any nature may arise against and no civil liability may
21be imposed upon a member of the board for any act or omission in the performance
22of his or her powers and duties under this chapter, unless the person asserting
23liability proves that the act or omission constitutes willful misconduct.
AB270,23,3
1235.03 Powers of authority. The authority has all of the powers necessary
2or convenient to carry out the purposes and provisions of this chapter. In addition
3to all other powers granted by this chapter, the authority may do any of the following:
AB270,23,5
4(1) Adopt bylaws, policies, and procedures for the regulation of its affairs and
5the conduct of its business.
AB270,23,6
6(2) Sue and be sued.
AB270,23,8
7(3) Hire employees, define their duties, and fix their rate of compensation,
8subject to s. 235.02 (2).
AB270,23,10
9(4) Have a seal and alter the seal at pleasure, have perpetual existence, and
10maintain an office.
AB270,23,14
11(5) Appoint any technical or professional advisory committee that the
12authority finds necessary to assist the authority in exercising its duties and powers,
13define the duties of any committee, and provide reimbursement for the expenses of
14any committee.