AB1117: Bill Text

AB1117,20 Section 20 . 16.75 (1m) of the statutes is amended to read:

AB1117,11,2 16.75 (1m) The department shall award each order or contract for materials, supplies or equipment on the basis of life cycle cost estimates, whenever such action is appropriate. Each authority other than the University of Wisconsin Hospitals and Clinics Authority, the Lower Fox River Remediation Authority, and the Wisconsin Aerospace Authority, and the Wisconsin Renewable Energy Development Authority shall award each order or contract for materials, supplies or equipment on the basis of life cycle cost estimates, whenever such action is appropriate. The terms, conditions and evaluation criteria to be applied shall be incorporated in the solicitation of bids or proposals. The life cycle cost formula may include, but is not limited to, the applicable costs of energy efficiency, acquisition and conversion, money, transportation, warehousing and distribution, training, operation and maintenance and disposition or resale. The department shall prepare documents containing technical guidance for the development and use of life cycle cost estimates, and shall make the documents available to local governmental units.

AB1117,21 Section 21 . 16.765 (1) of the statutes is amended to read:

AB1117,11,14 16.765 (1) Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Wisconsin Renewable Energy Development Authority, the Lower Fox River Remediation Authority, the Wisconsin Economic Development Corporation, and the Bradley Center Sports and Entertainment Corporation shall include in all contracts executed by them a provision obligating the contractor not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in s. 51.01 (5), sexual orientation as defined in s. 111.32 (13m), or national origin and, except with respect to sexual orientation, obligating the contractor to take affirmative action to ensure equal employment opportunities.

AB1117,22 Section 22 . 16.765 (2) of the statutes is amended to read:

AB1117,12,8 16.765 (2) Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Wisconsin Renewable Energy Development Authority, the Lower Fox River Remediation Authority, the Wisconsin Economic Development Corporation, and the Bradley Center Sports and Entertainment Corporation shall include the following provision in every contract executed by them: “In connection with the performance of work under this contract, the contractor agrees not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in s. 51.01 (5), sexual orientation or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Except with respect to sexual orientation, the contractor further agrees to take affirmative action to ensure equal employment opportunities. The contractor agrees to post in conspicuous places, available for employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the nondiscrimination clause".

AB1117,23 Section 23 . 16.765 (5) of the statutes is amended to read:

AB1117,13,2 16.765 (5) The head of each contracting agency and the boards of directors of the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Wisconsin Renewable Energy Development Authority, the Lower Fox River Remediation Authority, the Wisconsin Economic Development Corporation, and the Bradley Center Sports and Entertainment Corporation shall be primarily responsible for obtaining compliance by any contractor with the nondiscrimination and affirmative action provisions prescribed by this section, according to procedures recommended by the department. The department shall make recommendations to the contracting agencies and the boards of directors of the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Wisconsin Renewable Energy Development Authority, the Lower Fox River Remediation Authority, the Wisconsin Economic Development Corporation, and the Bradley Center Sports and Entertainment Corporation for improving and making more effective the nondiscrimination and affirmative action provisions of contracts. The department shall promulgate such rules as may be necessary for the performance of its functions under this section.

AB1117,24 Section 24 . 16.765 (6) of the statutes is amended to read:

AB1117,13,12 16.765 (6) The department may receive complaints of alleged violations of the nondiscrimination provisions of such contracts. The department shall investigate and determine whether a violation of this section has occurred. The department may delegate this authority to the contracting agency, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Wisconsin Renewable Energy Development Authority, the Lower Fox River Remediation Authority, the Wisconsin Economic Development Corporation, or the Bradley Center Sports and Entertainment Corporation for processing in accordance with the department's procedures.

AB1117,25 Section 25 . 16.765 (7) (intro.) of the statutes is amended to read:

AB1117,13,24 16.765 (7) (intro.) When a violation of this section has been determined by the department, the contracting agency, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Wisconsin Renewable Energy Development Authority, the Lower Fox River Remediation Authority, the Wisconsin Economic Development Corporation, or the Bradley Center Sports and Entertainment Corporation, the contracting agency, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Wisconsin Renewable Energy Development Authority, the Lower Fox River Remediation Authority, the Wisconsin Economic Development Corporation, or the Bradley Center Sports and Entertainment Corporation shall:

AB1117,26 Section 26 . 16.765 (7) (d) of the statutes is amended to read:

AB1117,14,7 16.765 (7) (d) Direct the violating party to take immediate steps to prevent further violations of this section and to report its corrective action to the contracting agency, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Wisconsin Renewable Energy Development Authority, the Lower Fox River Remediation Authority, the Wisconsin Economic Development Corporation, or the Bradley Center Sports and Entertainment Corporation.

AB1117,27 Section 27 . 16.765 (8) of the statutes is amended to read:

AB1117,15,2 16.765 (8) If further violations of this section are committed during the term of the contract, the contracting agency, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Wisconsin Renewable Energy Development Authority, the Lower Fox River Remediation Authority, the Wisconsin Economic Development Corporation, or the Bradley Center Sports and Entertainment Corporation may permit the violating party to complete the contract, after complying with this section, but thereafter the contracting agency, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Wisconsin Renewable Energy Development Authority, the Lower Fox River Remediation Authority, the Wisconsin Economic Development Corporation, or the Bradley Center Sports and Entertainment Corporation shall request the department to place the name of the party on the ineligible list for state contracts, or the contracting agency, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Wisconsin Renewable Energy Development Authority, the Lower Fox River Remediation Authority, the Wisconsin Economic Development Corporation, or the Bradley Center Sports and Entertainment Corporation may terminate the contract without liability for the uncompleted portion or any materials or services purchased or paid for by the contracting party for use in completing the contract.

AB1117,28 Section 28. 16.838 (1) (b) of the statutes is amended to read:

AB1117,15,5 16.838 (1) (b) “Authority" means a body created under subch. II of ch. 114 or ch. 231, 232, 233, 234, 235, or 237.

AB1117,29 Section 29 . 16.85 (2) of the statutes is amended to read:

AB1117,15,16 16.85 (2) To furnish engineering, architectural, project management, and other building construction services whenever requisitions therefor are presented to the department by any agency. The department may deposit moneys received from the provision of these services in the account under s. 20.505 (1) (kc) or in the general fund as general purpose revenue — earned. In this subsection, “agency" means an office, department, independent agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, which is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority created in subch. II of ch. 114 or in ch. 231, 233, 234, 235, 237, 238, or 279.

AB1117,30 Section 30 . 16.865 (8) of the statutes is amended to read:

AB1117,16,7 16.865 (8) Annually in each fiscal year, allocate as a charge to each agency a proportionate share of the estimated costs attributable to programs administered by the agency to be paid from the appropriation under s. 20.505 (2) (k). The department may charge premiums to agencies to finance costs under this subsection and pay the costs from the appropriation on an actual basis. The department shall deposit all collections under this subsection in the appropriation account under s. 20.505 (2) (k). Costs assessed under this subsection may include judgments, investigative and adjustment fees, data processing and staff support costs, program administration costs, litigation costs, and the cost of insurance contracts under sub. (5). In this subsection, “agency" means an office, department, independent agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, that is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority created in subch. II of ch. 114 or in ch. 231, 232, 233, 234, 235, 237, 238, or 279.

AB1117,31 Section 31. 19.42 (10) (qm) of the statutes is created to read:

AB1117,16,10 19.42 (10) (qm) The executive director and members of the board of directors of the Wisconsin Renewable Energy Development Authority.

AB1117,32 Section 32. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table - See PDF for table

AB1117,33 Section 33. 20.498 of the statutes is created to read:

AB1117,16,16 20.498 Wisconsin Renewable Energy Development Authority. There is appropriated to the Wisconsin Renewable Energy Development Authority for the following program:

AB1117,16,18 (1) Authority operations. (a) General program operations. As a continuing appropriation, the amounts in the schedule for the purposes of ch. 235.

AB1117,34 Section 34. 23.175 (1) (b) of the statutes is amended to read:

AB1117,17,5 23.175 (1) (b) “State agency" means any office, department, agency, institution of higher education, association, society or other body in state government created or authorized to be created by the constitution or any law which is entitled to expend moneys appropriated by law, including any authority created under subch. II of ch. 114 or ch. 231, 233, 234, 235, or 237 but not including the legislature or the courts.

AB1117,35 Section 35. 25.17 (3) (b) 14. of the statutes is created to read:

AB1117,17,8 25.17 (3) (b) 14. Bonds issued by the Wisconsin Renewable Energy Development Authority.

AB1117,36 Section 36. 40.02 (54) (k) of the statutes is created to read:

AB1117,17,10 40.02 (54) (k) The Wisconsin Renewable Energy Development Authority.

AB1117,37 Section 37. 66.0603 (1m) (a) 3v. of the statutes is created to read:

AB1117,17,13 66.0603 (1m) (a) 3v. Bonds issued by the Wisconsin Renewable Energy Development Authority.

AB1117,38 Section 38 . 70.11 (38o) of the statutes is created to read:

AB1117,17,19 70.11 (38o) Wisconsin Renewable Energy Development Authority. Notwithstanding the provisions of s. 70.11 (intro.) that relate to leased property or that impose other limitations, all property owned or leased by the Wisconsin Renewable Energy Development Authority, provided that use of the property is primarily related to the purposes of the authority.

AB1117,39 Section 39. 71.05 (1) (c) 7m. of the statutes is created to read:

AB1117,17,21 71.05 (1) (c) 7m. The Wisconsin Renewable Energy Development Authority.

AB1117,40 Section 40 . 71.26 (1) (be) of the statutes is amended to read:

AB1117,18,2 71.26 (1) (be) Certain authorities. Income of the University of Wisconsin Hospitals and Clinics Authority, of the Fox River Navigational System Authority, of the Wisconsin Economic Development Corporation, and of the Wisconsin Aerospace Authority, and of the Wisconsin Renewable Energy Development Authority.

AB1117,41 Section 41. 71.26 (1m) (p) of the statutes is created to read:

AB1117,18,4 71.26 (1m) (p) Those issued under s. 235.06.

AB1117,42 Section 42. 71.45 (1t) (o) of the statutes is created to read:

AB1117,18,6 71.45 (1t) (o) Those issued under s. 235.06.

AB1117,43 Section 43 . 77.54 (9a) (a) of the statutes is amended to read:

AB1117,18,11 77.54 (9a) (a) This state or any agency thereof, the University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Aerospace Authority, the Wisconsin Renewable Energy Development Authority, the Wisconsin Economic Development Corporation, and the Fox River Navigational System Authority.

AB1117,44 Section 44. 100.45 (1) (dm) of the statutes is amended to read:

AB1117,18,22 100.45 (1) (dm) “State agency" means any office, department, agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law which is entitled to expend moneys appropriated by law, including the legislature and the courts, the Wisconsin Housing and Economic Development Authority, the Bradley Center Sports and Entertainment Corporation, the University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Health and Educational Facilities Authority, the Wisconsin Aerospace Authority, the Wisconsin Renewable Energy Development Authority, the Wisconsin Economic Development Corporation, and the Fox River Navigational System Authority.

AB1117,45 Section 45. 106.16 (2) of the statutes is amended to read:

AB1117,19,4 106.16 (2) Any company that receives a loan or grant from a state agency or an authority under ch. 231 or, 234 , or 235 shall notify the department and the local workforce development board established under 29 USC 2832, of any position in the company that is related to the project for which the grant or loan is received to be filled in this state within one year after receipt of the loan or grant. The company shall provide this notice at least 2 weeks prior to advertising the position.

AB1117,46 Section 46. 106.16 (3) of the statutes is amended to read:

AB1117,19,8 106.16 (3) A state agency or an authority under ch. 231 or, 234, or 235 shall notify the Wisconsin Economic Development Corporation if it makes a loan or grant to a company.

AB1117,47 Section 47. 219.09 (1) (h) of the statutes is created to read:

AB1117,19,10 219.09 (1) (h) The Wisconsin Renewable Energy Development Authority.

AB1117,48 Section 48 . 230.03 (3) of the statutes is amended to read:

AB1117,19,21 230.03 (3) “Agency" means any board, commission, committee, council, or department in state government or a unit thereof created by the constitution or statutes if such board, commission, committee, council, department, unit, or the head thereof, is authorized to appoint subordinate staff by the constitution or statute, except the Board of Regents of the University of Wisconsin System, a legislative or judicial board, commission, committee, council, department, or unit thereof or an authority created under subch. II of ch. 114 or under ch. 231, 232, 233, 234, 235, 237, 238, or 279. “Agency" does not mean any local unit of government or body within one or more local units of government that is created by law or by action of one or more local units of government.

AB1117,49 Section 49 . Chapter 235 of the statutes is created to read:

AB1117,19,23 CHAPTER 235

AB1117,19,24 Wisconsin renewable energy

AB1117,19,25 development authority

AB1117,20,1 235.01 Definitions. In this chapter:

AB1117,20,3 (1) “Authority" means the Wisconsin Renewable Energy Development Authority.

AB1117,20,4 (2) “Board" means the board of directors of the authority.

AB1117,20,6 (3) “Bond" means a bond, note, or other obligation of the authority issued under this chapter, including a refunding bond.

AB1117,20,10 (4) “Bond resolution" means a resolution of the board authorizing the issuance of, or providing terms and conditions related to, bonds and includes, when appropriate, any trust agreement, trust indenture, indenture of mortgage, or deed of trust providing terms and conditions for the bonds.

AB1117,20,12 (5) “Eligible business" means a commercial entity that does any of the following:

AB1117,20,14 (a) Produces energy, fuels, chemicals, or products primarily from renewable resources or agricultural, forestry, plant, or other biological materials.

AB1117,20,16 (b) Provides services related to reducing energy consumption or improving energy efficiency.

AB1117,20,20 (6) “Eligible project" means a project of a commercial entity to construct any new plant, equipment, property, or facilities, or extend, improve, or add to any existing plant, equipment, property, or facilities, for the purpose of reducing energy consumption or improving energy efficiency of the commercial entity.

AB1117,20,21 (7) “Lender" does not include a seller under a land contract.

AB1117,20,22 (8) “Renewable resource" has the meaning given in s. 196.378 (1) (h).

AB1117,20,25 235.02 Creation and organization. (1) (a) There is created a public body politic and corporate to be known as the “Wisconsin Renewable Energy Development Authority." The board of the authority shall consist of the following members:

AB1117,21,1 1. Four persons representing eligible businesses.

AB1117,21,2 2. One commercial lender.

AB1117,21,3 3. The secretary of natural resources or his or her designee.

AB1117,21,5 4. The secretary of agriculture, trade and consumer protection or his or her designee.

AB1117,21,7 5. The chief executive officer of the Wisconsin Economic Development Corporation or his or her designee.

AB1117,21,8 6. The chairperson of the public service commission or his or her designee.

AB1117,21,10 7. The dean of the College of Agricultural and Life Sciences of the University of Wisconsin-Madison or his or her designee.

AB1117,21,12 8. The director of the Wisconsin Alumni Research Foundation or his or her designee.

AB1117,21,17 (b) The members under par. (a) 1. and 2. shall be nominated by the governor, and with the advice and consent of the senate appointed, for 4-year terms. Except for the initial members under par. (a) 1. and 2., before nominating the members under par. (a) 1. and 2., the governor shall obtain and consider the board's recommendations for nominees.

AB1117,21,18 (c) Members of the board shall be residents of this state.

AB1117,21,20 (d) The terms of the members appointed under par. (a) 1. and 2. expire on July 1. Each member's appointment remains in effect until a successor is appointed.

AB1117,22,10 (2) The board shall appoint an executive director who may not be a member of the board and who shall serve at the pleasure of the board. The board shall determine the compensation of the executive director, except that the compensation of the executive director may not exceed the maximum of the salary range established under s. 20.923 (1) for positions assigned to executive salary group 4, and the compensation of each other employee of the authority may not exceed the maximum of the salary range established under s. 20.923 (1) for positions assigned to executive salary group 3. The executive director or another person designated by resolution of the board shall keep a record of the proceedings of the authority and shall be custodian of all books, documents, and papers filed with the authority, the minute book or journal of the authority, and its official seal. The executive director, or other person, may cause copies to be made of all minutes and other records and documents of the authority and may give certificates under the official seal of the authority to the effect that the copies are true copies, and all persons dealing with the authority may rely upon the certificates.

AB1117,22,18 (3) Six members of the board constitute a quorum. The affirmative vote of a majority of all of the members of the board is necessary for any action taken by the authority. A vacancy in the membership of the board does not impair the right of a quorum to exercise all of the rights and perform all of the duties of the authority. All meetings of the board are subject to subch. V of ch. 19. Resolutions of the authority need not be published or posted. The board may delegate by resolution to one or more of its members or the executive director the powers and duties that it considers proper.

AB1117,22,22 (4) The members of the board shall receive no compensation for the performance of their duties as members, but each member shall be reimbursed for the member's actual and necessary expenses while engaged in the performance of the member's duties.

AB1117,23,2 (5) No cause of action of any nature may arise against and no civil liability may be imposed upon a member of the board for any act or omission in the performance of his or her powers and duties under this chapter, unless the person asserting liability proves that the act or omission constitutes willful misconduct.