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AB1117,20 13Section 20 . 16.75 (1m) of the statutes is amended to read:
AB1117,11,214 16.75 (1m) The department shall award each order or contract for materials,
15supplies or equipment on the basis of life cycle cost estimates, whenever such action
16is appropriate. Each authority other than the University of Wisconsin Hospitals and
17Clinics Authority, the Lower Fox River Remediation Authority, and the Wisconsin
18Aerospace Authority, and the Wisconsin Renewable Energy Development Authority
19shall award each order or contract for materials, supplies or equipment on the basis
20of life cycle cost estimates, whenever such action is appropriate. The terms,
21conditions and evaluation criteria to be applied shall be incorporated in the
22solicitation of bids or proposals. The life cycle cost formula may include, but is not
23limited to, the applicable costs of energy efficiency, acquisition and conversion,
24money, transportation, warehousing and distribution, training, operation and
25maintenance and disposition or resale. The department shall prepare documents

1containing technical guidance for the development and use of life cycle cost
2estimates, and shall make the documents available to local governmental units.
AB1117,21 3Section 21 . 16.765 (1) of the statutes is amended to read:
AB1117,11,144 16.765 (1) Contracting agencies, the University of Wisconsin Hospitals and
5Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
6Aerospace Authority, the Wisconsin Renewable Energy Development Authority, the
7Lower Fox River Remediation Authority, the Wisconsin Economic Development
8Corporation, and the Bradley Center Sports and Entertainment Corporation shall
9include in all contracts executed by them a provision obligating the contractor not
10to discriminate against any employee or applicant for employment because of age,
11race, religion, color, handicap, sex, physical condition, developmental disability as
12defined in s. 51.01 (5), sexual orientation as defined in s. 111.32 (13m), or national
13origin and, except with respect to sexual orientation, obligating the contractor to take
14affirmative action to ensure equal employment opportunities.
AB1117,22 15Section 22 . 16.765 (2) of the statutes is amended to read:
AB1117,12,816 16.765 (2) Contracting agencies, the University of Wisconsin Hospitals and
17Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
18Aerospace Authority, the Wisconsin Renewable Energy Development Authority, the
19Lower Fox River Remediation Authority, the Wisconsin Economic Development
20Corporation, and the Bradley Center Sports and Entertainment Corporation shall
21include the following provision in every contract executed by them: “In connection
22with the performance of work under this contract, the contractor agrees not to
23discriminate against any employee or applicant for employment because of age, race,
24religion, color, handicap, sex, physical condition, developmental disability as defined
25in s. 51.01 (5), sexual orientation or national origin. This provision shall include, but

1not be limited to, the following: employment, upgrading, demotion or transfer;
2recruitment or recruitment advertising; layoff or termination; rates of pay or other
3forms of compensation; and selection for training, including apprenticeship. Except
4with respect to sexual orientation, the contractor further agrees to take affirmative
5action to ensure equal employment opportunities. The contractor agrees to post in
6conspicuous places, available for employees and applicants for employment, notices
7to be provided by the contracting officer setting forth the provisions of the
8nondiscrimination clause".
AB1117,23 9Section 23 . 16.765 (5) of the statutes is amended to read:
AB1117,13,210 16.765 (5) The head of each contracting agency and the boards of directors of
11the University of Wisconsin Hospitals and Clinics Authority, the Fox River
12Navigational System Authority, the Wisconsin Aerospace Authority, the Wisconsin
13Renewable Energy Development Authority,
the Lower Fox River Remediation
14Authority, the Wisconsin Economic Development Corporation, and the Bradley
15Center Sports and Entertainment Corporation shall be primarily responsible for
16obtaining compliance by any contractor with the nondiscrimination and affirmative
17action provisions prescribed by this section, according to procedures recommended
18by the department. The department shall make recommendations to the contracting
19agencies and the boards of directors of the University of Wisconsin Hospitals and
20Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
21Aerospace Authority, the Wisconsin Renewable Energy Development Authority, the
22Lower Fox River Remediation Authority, the Wisconsin Economic Development
23Corporation, and the Bradley Center Sports and Entertainment Corporation for
24improving and making more effective the nondiscrimination and affirmative action

1provisions of contracts. The department shall promulgate such rules as may be
2necessary for the performance of its functions under this section.
AB1117,24 3Section 24 . 16.765 (6) of the statutes is amended to read:
AB1117,13,124 16.765 (6) The department may receive complaints of alleged violations of the
5nondiscrimination provisions of such contracts. The department shall investigate
6and determine whether a violation of this section has occurred. The department may
7delegate this authority to the contracting agency, the University of Wisconsin
8Hospitals and Clinics Authority, the Fox River Navigational System Authority, the
9Wisconsin Aerospace Authority, the Wisconsin Renewable Energy Development
10Authority,
the Lower Fox River Remediation Authority, the Wisconsin Economic
11Development Corporation, or the Bradley Center Sports and Entertainment
12Corporation for processing in accordance with the department's procedures.
AB1117,25 13Section 25 . 16.765 (7) (intro.) of the statutes is amended to read:
AB1117,13,2414 16.765 (7) (intro.) When a violation of this section has been determined by the
15department, the contracting agency, the University of Wisconsin Hospitals and
16Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
17Aerospace Authority, the Wisconsin Renewable Energy Development Authority, the
18Lower Fox River Remediation Authority, the Wisconsin Economic Development
19Corporation, or the Bradley Center Sports and Entertainment Corporation, the
20contracting agency, the University of Wisconsin Hospitals and Clinics Authority, the
21Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the
22Wisconsin Renewable Energy Development Authority,
the Lower Fox River
23Remediation Authority, the Wisconsin Economic Development Corporation, or the
24Bradley Center Sports and Entertainment Corporation shall:
AB1117,26 25Section 26 . 16.765 (7) (d) of the statutes is amended to read:
AB1117,14,7
116.765 (7) (d) Direct the violating party to take immediate steps to prevent
2further violations of this section and to report its corrective action to the contracting
3agency, the University of Wisconsin Hospitals and Clinics Authority, the Fox River
4Navigational System Authority, the Wisconsin Aerospace Authority, the Wisconsin
5Renewable Energy Development Authority,
the Lower Fox River Remediation
6Authority, the Wisconsin Economic Development Corporation, or the Bradley Center
7Sports and Entertainment Corporation.
AB1117,27 8Section 27 . 16.765 (8) of the statutes is amended to read:
AB1117,15,29 16.765 (8) If further violations of this section are committed during the term
10of the contract, the contracting agency, the Fox River Navigational System Authority,
11the Wisconsin Aerospace Authority, the Wisconsin Renewable Energy Development
12Authority,
the Lower Fox River Remediation Authority, the Wisconsin Economic
13Development Corporation, or the Bradley Center Sports and Entertainment
14Corporation may permit the violating party to complete the contract, after complying
15with this section, but thereafter the contracting agency, the Fox River Navigational
16System Authority, the Wisconsin Aerospace Authority, the Wisconsin Renewable
17Energy Development Authority,
the Lower Fox River Remediation Authority, the
18Wisconsin Economic Development Corporation, or the Bradley Center Sports and
19Entertainment Corporation shall request the department to place the name of the
20party on the ineligible list for state contracts, or the contracting agency, the Fox River
21Navigational System Authority, the Wisconsin Aerospace Authority, the Wisconsin
22Renewable Energy Development Authority,
the Lower Fox River Remediation
23Authority, the Wisconsin Economic Development Corporation, or the Bradley Center
24Sports and Entertainment Corporation may terminate the contract without liability

1for the uncompleted portion or any materials or services purchased or paid for by the
2contracting party for use in completing the contract.
AB1117,28 3Section 28. 16.838 (1) (b) of the statutes is amended to read:
AB1117,15,54 16.838 (1) (b) “Authority" means a body created under subch. II of ch. 114 or
5ch. 231, 232, 233, 234, 235, or 237.
AB1117,29 6Section 29 . 16.85 (2) of the statutes is amended to read:
AB1117,15,167 16.85 (2) To furnish engineering, architectural, project management, and other
8building construction services whenever requisitions therefor are presented to the
9department by any agency. The department may deposit moneys received from the
10provision of these services in the account under s. 20.505 (1) (kc) or in the general
11fund as general purpose revenue — earned. In this subsection, “agency" means an
12office, department, independent agency, institution of higher education, association,
13society, or other body in state government created or authorized to be created by the
14constitution or any law, which is entitled to expend moneys appropriated by law,
15including the legislature and the courts, but not including an authority created in
16subch. II of ch. 114 or in ch. 231, 233, 234, 235, 237, 238, or 279.
AB1117,30 17Section 30 . 16.865 (8) of the statutes is amended to read:
AB1117,16,718 16.865 (8) Annually in each fiscal year, allocate as a charge to each agency a
19proportionate share of the estimated costs attributable to programs administered by
20the agency to be paid from the appropriation under s. 20.505 (2) (k). The department
21may charge premiums to agencies to finance costs under this subsection and pay the
22costs from the appropriation on an actual basis. The department shall deposit all
23collections under this subsection in the appropriation account under s. 20.505 (2) (k).
24Costs assessed under this subsection may include judgments, investigative and
25adjustment fees, data processing and staff support costs, program administration

1costs, litigation costs, and the cost of insurance contracts under sub. (5). In this
2subsection, “agency" means an office, department, independent agency, institution
3of higher education, association, society, or other body in state government created
4or authorized to be created by the constitution or any law, that is entitled to expend
5moneys appropriated by law, including the legislature and the courts, but not
6including an authority created in subch. II of ch. 114 or in ch. 231, 232, 233, 234, 235,
7237, 238, or 279.
AB1117,31 8Section 31. 19.42 (10) (qm) of the statutes is created to read:
AB1117,16,109 19.42 (10) (qm) The executive director and members of the board of directors
10of the Wisconsin Renewable Energy Development Authority.
AB1117,32 11Section 32. 20.005 (3) (schedule) of the statutes: at the appropriate place,
12insert the following amounts for the purposes indicated: - See PDF for table PDF - See PDF for table PDF
AB1117,33 13Section 33. 20.498 of the statutes is created to read:
AB1117,16,16 1420.498 Wisconsin Renewable Energy Development Authority. There is
15appropriated to the Wisconsin Renewable Energy Development Authority for the
16following program:
AB1117,16,18 17(1) Authority operations. (a) General program operations. As a continuing
18appropriation, the amounts in the schedule for the purposes of ch. 235.
AB1117,34 19Section 34. 23.175 (1) (b) of the statutes is amended to read:
AB1117,17,5
123.175 (1) (b) “State agency" means any office, department, agency, institution
2of higher education, association, society or other body in state government created
3or authorized to be created by the constitution or any law which is entitled to expend
4moneys appropriated by law, including any authority created under subch. II of ch.
5114 or ch. 231, 233, 234, 235, or 237 but not including the legislature or the courts.
AB1117,35 6Section 35. 25.17 (3) (b) 14. of the statutes is created to read:
AB1117,17,87 25.17 (3) (b) 14. Bonds issued by the Wisconsin Renewable Energy
8Development Authority.
AB1117,36 9Section 36. 40.02 (54) (k) of the statutes is created to read:
AB1117,17,1010 40.02 (54) (k) The Wisconsin Renewable Energy Development Authority.
AB1117,37 11Section 37. 66.0603 (1m) (a) 3v. of the statutes is created to read:
AB1117,17,1312 66.0603 (1m) (a) 3v. Bonds issued by the Wisconsin Renewable Energy
13Development Authority.
AB1117,38 14Section 38 . 70.11 (38o) of the statutes is created to read:
AB1117,17,1915 70.11 (38o) Wisconsin Renewable Energy Development Authority.
16Notwithstanding the provisions of s. 70.11 (intro.) that relate to leased property or
17that impose other limitations, all property owned or leased by the Wisconsin
18Renewable Energy Development Authority, provided that use of the property is
19primarily related to the purposes of the authority.
AB1117,39 20Section 39. 71.05 (1) (c) 7m. of the statutes is created to read:
AB1117,17,2121 71.05 (1) (c) 7m. The Wisconsin Renewable Energy Development Authority.
AB1117,40 22Section 40 . 71.26 (1) (be) of the statutes is amended to read:
AB1117,18,223 71.26 (1) (be) Certain authorities. Income of the University of Wisconsin
24Hospitals and Clinics Authority, of the Fox River Navigational System Authority, of

1the Wisconsin Economic Development Corporation, and of the Wisconsin Aerospace
2Authority, and of the Wisconsin Renewable Energy Development Authority.
AB1117,41 3Section 41. 71.26 (1m) (p) of the statutes is created to read:
AB1117,18,44 71.26 (1m) (p) Those issued under s. 235.06.
AB1117,42 5Section 42. 71.45 (1t) (o) of the statutes is created to read:
AB1117,18,66 71.45 (1t) (o) Those issued under s. 235.06.
AB1117,43 7Section 43 . 77.54 (9a) (a) of the statutes is amended to read:
AB1117,18,118 77.54 (9a) (a) This state or any agency thereof, the University of Wisconsin
9Hospitals and Clinics Authority, the Wisconsin Aerospace Authority, the Wisconsin
10Renewable Energy Development Authority,
the Wisconsin Economic Development
11Corporation, and the Fox River Navigational System Authority.
AB1117,44 12Section 44. 100.45 (1) (dm) of the statutes is amended to read:
AB1117,18,2213 100.45 (1) (dm) “State agency" means any office, department, agency,
14institution of higher education, association, society, or other body in state
15government created or authorized to be created by the constitution or any law which
16is entitled to expend moneys appropriated by law, including the legislature and the
17courts, the Wisconsin Housing and Economic Development Authority, the Bradley
18Center Sports and Entertainment Corporation, the University of Wisconsin
19Hospitals and Clinics Authority, the Wisconsin Health and Educational Facilities
20Authority, the Wisconsin Aerospace Authority, the Wisconsin Renewable Energy
21Development Authority,
the Wisconsin Economic Development Corporation, and the
22Fox River Navigational System Authority.
AB1117,45 23Section 45. 106.16 (2) of the statutes is amended to read:
AB1117,19,424 106.16 (2) Any company that receives a loan or grant from a state agency or
25an authority under ch. 231 or, 234 , or 235 shall notify the department and the local

1workforce development board established under 29 USC 2832, of any position in the
2company that is related to the project for which the grant or loan is received to be
3filled in this state within one year after receipt of the loan or grant. The company
4shall provide this notice at least 2 weeks prior to advertising the position.
AB1117,46 5Section 46. 106.16 (3) of the statutes is amended to read:
AB1117,19,86 106.16 (3) A state agency or an authority under ch. 231 or, 234, or 235 shall
7notify the Wisconsin Economic Development Corporation if it makes a loan or grant
8to a company.
AB1117,47 9Section 47. 219.09 (1) (h) of the statutes is created to read:
AB1117,19,1010 219.09 (1) (h) The Wisconsin Renewable Energy Development Authority.
AB1117,48 11Section 48 . 230.03 (3) of the statutes is amended to read:
AB1117,19,2112 230.03 (3) “Agency" means any board, commission, committee, council, or
13department in state government or a unit thereof created by the constitution or
14statutes if such board, commission, committee, council, department, unit, or the
15head thereof, is authorized to appoint subordinate staff by the constitution or
16statute, except the Board of Regents of the University of Wisconsin System, a
17legislative or judicial board, commission, committee, council, department, or unit
18thereof or an authority created under subch. II of ch. 114 or under ch. 231, 232, 233,
19234, 235, 237, 238, or 279. “Agency" does not mean any local unit of government or
20body within one or more local units of government that is created by law or by action
21of one or more local units of government.
AB1117,49 22Section 49 . Chapter 235 of the statutes is created to read:
AB1117,19,2323 CHAPTER 235
AB1117,19,2424 Wisconsin renewable energy
AB1117,19,2525 development authority
AB1117,20,1
1235.01 Definitions. In this chapter:
AB1117,20,3 2(1) “Authority" means the Wisconsin Renewable Energy Development
3Authority.
AB1117,20,4 4(2) “Board" means the board of directors of the authority.
AB1117,20,6 5(3) “Bond" means a bond, note, or other obligation of the authority issued under
6this chapter, including a refunding bond.
AB1117,20,10 7(4) “Bond resolution" means a resolution of the board authorizing the issuance
8of, or providing terms and conditions related to, bonds and includes, when
9appropriate, any trust agreement, trust indenture, indenture of mortgage, or deed
10of trust providing terms and conditions for the bonds.
AB1117,20,12 11(5) “Eligible business" means a commercial entity that does any of the
12following:
AB1117,20,1413 (a) Produces energy, fuels, chemicals, or products primarily from renewable
14resources or agricultural, forestry, plant, or other biological materials.
AB1117,20,1615 (b) Provides services related to reducing energy consumption or improving
16energy efficiency.
AB1117,20,20 17(6) “Eligible project" means a project of a commercial entity to construct any
18new plant, equipment, property, or facilities, or extend, improve, or add to any
19existing plant, equipment, property, or facilities, for the purpose of reducing energy
20consumption or improving energy efficiency of the commercial entity.
AB1117,20,21 21(7) “Lender" does not include a seller under a land contract.
AB1117,20,22 22(8) “Renewable resource" has the meaning given in s. 196.378 (1) (h).
AB1117,20,25 23235.02 Creation and organization. (1) (a) There is created a public body
24politic and corporate to be known as the “Wisconsin Renewable Energy Development
25Authority." The board of the authority shall consist of the following members:
AB1117,21,1
11. Four persons representing eligible businesses.
AB1117,21,22 2. One commercial lender.
AB1117,21,33 3. The secretary of natural resources or his or her designee.
AB1117,21,54 4. The secretary of agriculture, trade and consumer protection or his or her
5designee.
AB1117,21,76 5. The chief executive officer of the Wisconsin Economic Development
7Corporation or his or her designee.
AB1117,21,88 6. The chairperson of the public service commission or his or her designee.
AB1117,21,109 7. The dean of the College of Agricultural and Life Sciences of the University
10of Wisconsin-Madison or his or her designee.
AB1117,21,1211 8. The director of the Wisconsin Alumni Research Foundation or his or her
12designee.
AB1117,21,1713 (b) The members under par. (a) 1. and 2. shall be nominated by the governor,
14and with the advice and consent of the senate appointed, for 4-year terms. Except
15for the initial members under par. (a) 1. and 2., before nominating the members
16under par. (a) 1. and 2., the governor shall obtain and consider the board's
17recommendations for nominees.
AB1117,21,1818 (c) Members of the board shall be residents of this state.
AB1117,21,2019 (d) The terms of the members appointed under par. (a) 1. and 2. expire on July
201. Each member's appointment remains in effect until a successor is appointed.
AB1117,22,10 21(2) The board shall appoint an executive director who may not be a member of
22the board and who shall serve at the pleasure of the board. The board shall determine
23the compensation of the executive director, except that the compensation of the
24executive director may not exceed the maximum of the salary range established
25under s. 20.923 (1) for positions assigned to executive salary group 4, and the

1compensation of each other employee of the authority may not exceed the maximum
2of the salary range established under s. 20.923 (1) for positions assigned to executive
3salary group 3. The executive director or another person designated by resolution
4of the board shall keep a record of the proceedings of the authority and shall be
5custodian of all books, documents, and papers filed with the authority, the minute
6book or journal of the authority, and its official seal. The executive director, or other
7person, may cause copies to be made of all minutes and other records and documents
8of the authority and may give certificates under the official seal of the authority to
9the effect that the copies are true copies, and all persons dealing with the authority
10may rely upon the certificates.
AB1117,22,18 11(3) Six members of the board constitute a quorum. The affirmative vote of a
12majority of all of the members of the board is necessary for any action taken by the
13authority. A vacancy in the membership of the board does not impair the right of a
14quorum to exercise all of the rights and perform all of the duties of the authority. All
15meetings of the board are subject to subch. V of ch. 19. Resolutions of the authority
16need not be published or posted. The board may delegate by resolution to one or more
17of its members or the executive director the powers and duties that it considers
18proper.
AB1117,22,22 19(4) The members of the board shall receive no compensation for the
20performance of their duties as members, but each member shall be reimbursed for
21the member's actual and necessary expenses while engaged in the performance of the
22member's duties.
AB1117,23,2 23(5) No cause of action of any nature may arise against and no civil liability may
24be imposed upon a member of the board for any act or omission in the performance

1of his or her powers and duties under this chapter, unless the person asserting
2liability proves that the act or omission constitutes willful misconduct.
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