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SB253,18 23Section 18 . 16.54 (9) (a) 1. of the statutes is amended to read:
SB253,9,2524 16.54 (9) (a) 1. “Agency" means an office, department, independent agency,
25institution of higher education, association, society or other body in state

1government created or authorized to be created by the constitution or any law, which
2is entitled to expend moneys appropriated by law, including the legislature and the
3courts, but not including an authority created in subch. II of ch. 114 or in ch. 231, 233,
4234, 235, 237, 238, or 279.
SB253,19 5Section 19 . 16.70 (2) of the statutes is amended to read:
SB253,10,76 16.70 (2) “Authority" means a body created under subch. II of ch. 114 or under
7ch. 231, 232, 233, 234, 235, 237, or 279.
SB253,20 8Section 20 . 16.75 (1m) of the statutes is amended to read:
SB253,10,229 16.75 (1m) The department shall award each order or contract for materials,
10supplies or equipment on the basis of life cycle cost estimates, whenever such action
11is appropriate. Each authority other than the University of Wisconsin Hospitals and
12Clinics Authority, the Lower Fox River Remediation Authority, and the Wisconsin
13Aerospace Authority, and the Wisconsin Renewable Energy Development Authority
14shall award each order or contract for materials, supplies or equipment on the basis
15of life cycle cost estimates, whenever such action is appropriate. The terms,
16conditions and evaluation criteria to be applied shall be incorporated in the
17solicitation of bids or proposals. The life cycle cost formula may include, but is not
18limited to, the applicable costs of energy efficiency, acquisition and conversion,
19money, transportation, warehousing and distribution, training, operation and
20maintenance and disposition or resale. The department shall prepare documents
21containing technical guidance for the development and use of life cycle cost
22estimates, and shall make the documents available to local governmental units.
SB253,21 23Section 21 . 16.765 (1) of the statutes is amended to read:
SB253,11,924 16.765 (1) Contracting agencies, the University of Wisconsin Hospitals and
25Clinics Authority, the Fox River Navigational System Authority, the Wisconsin

1Aerospace Authority, the Wisconsin Renewable Energy Development Authority, the
2Lower Fox River Remediation Authority, the Wisconsin Economic Development
3Corporation, and the Bradley Center Sports and Entertainment Corporation shall
4include in all contracts executed by them a provision obligating the contractor not
5to discriminate against any employee or applicant for employment because of age,
6race, religion, color, handicap, sex, physical condition, developmental disability as
7defined in s. 51.01 (5), sexual orientation as defined in s. 111.32 (13m), or national
8origin and, except with respect to sexual orientation, obligating the contractor to take
9affirmative action to ensure equal employment opportunities.
SB253,22 10Section 22 . 16.765 (2) of the statutes is amended to read:
SB253,12,311 16.765 (2) Contracting agencies, the University of Wisconsin Hospitals and
12Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
13Aerospace Authority, the Wisconsin Renewable Energy Development Authority, the
14Lower Fox River Remediation Authority, the Wisconsin Economic Development
15Corporation, and the Bradley Center Sports and Entertainment Corporation shall
16include the following provision in every contract executed by them: “In connection
17with the performance of work under this contract, the contractor agrees not to
18discriminate against any employee or applicant for employment because of age, race,
19religion, color, handicap, sex, physical condition, developmental disability as defined
20in s. 51.01 (5), sexual orientation or national origin. This provision shall include, but
21not be limited to, the following: employment, upgrading, demotion or transfer;
22recruitment or recruitment advertising; layoff or termination; rates of pay or other
23forms of compensation; and selection for training, including apprenticeship. Except
24with respect to sexual orientation, the contractor further agrees to take affirmative
25action to ensure equal employment opportunities. The contractor agrees to post in

1conspicuous places, available for employees and applicants for employment, notices
2to be provided by the contracting officer setting forth the provisions of the
3nondiscrimination clause".
SB253,23 4Section 23 . 16.765 (5) of the statutes is amended to read:
SB253,12,215 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.
SB253,24 22Section 24 . 16.765 (6) of the statutes is amended to read:
SB253,13,623 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.
SB253,25 7Section 25 . 16.765 (7) (intro.) of the statutes is amended to read:
SB253,13,188 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:
SB253,26 19Section 26 . 16.765 (7) (d) of the statutes is amended to read:
SB253,14,220 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.
SB253,27 3Section 27 . 16.765 (8) of the statutes is amended to read:
SB253,14,214 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.
SB253,28 22Section 28. 16.838 (1) (b) of the statutes is amended to read:
SB253,14,2423 16.838 (1) (b) “Authority" means a body created under subch. II of ch. 114 or
24ch. 231, 232, 233, 234, 235, or 237.
SB253,29 25Section 29 . 16.85 (2) of the statutes is amended to read:
SB253,15,10
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.
SB253,30 11Section 30 . 16.865 (8) of the statutes is amended to read:
SB253,16,212 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.
SB253,31 3Section 31. 19.42 (10) (qm) of the statutes is created to read:
SB253,16,54 19.42 (10) (qm) The executive director and members of the board of directors
5of the Wisconsin Renewable Energy Development Authority.
SB253,32 6Section 32. 20.005 (3) (schedule) of the statutes: at the appropriate place,
7insert the following amounts for the purposes indicated: - See PDF for table PDF - See PDF for table PDF
SB253,33 8Section 33. 20.498 of the statutes is created to read:
SB253,16,11 920.498 Wisconsin Renewable Energy Development Authority. There is
10appropriated to the Wisconsin Renewable Energy Development Authority for the
11following program:
SB253,16,13 12(1) Authority operations. (a) General program operations. As a continuing
13appropriation, the amounts in the schedule for the purposes of ch. 235.
SB253,34 14Section 34. 23.175 (1) (b) of the statutes is amended to read:
SB253,16,1915 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.
SB253,35
1Section 35. 25.17 (3) (b) 14. of the statutes is created to read:
SB253,17,32 25.17 (3) (b) 14. Bonds issued by the Wisconsin Renewable Energy
3Development Authority.
SB253,36 4Section 36. 40.02 (54) (k) of the statutes is created to read:
SB253,17,55 40.02 (54) (k) The Wisconsin Renewable Energy Development Authority.
SB253,37 6Section 37. 66.0603 (1m) (a) 3v. of the statutes is created to read:
SB253,17,87 66.0603 (1m) (a) 3v. Bonds issued by the Wisconsin Renewable Energy
8Development Authority.
SB253,38 9Section 38 . 70.11 (38o) of the statutes is created to read:
SB253,17,1410 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.
SB253,39 15Section 39. 71.05 (1) (c) 7m. of the statutes is created to read:
SB253,17,1616 71.05 (1) (c) 7m. The Wisconsin Renewable Energy Development Authority.
SB253,40 17Section 40 . 71.26 (1) (be) of the statutes is amended to read:
SB253,17,2118 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.
SB253,41 22Section 41. 71.26 (1m) (o) of the statutes is created to read:
SB253,17,2323 71.26 (1m) (o) Those issued under s. 235.06.
SB253,42 24Section 42. 71.45 (1t) (n) of the statutes is created to read:
SB253,17,2525 71.45 (1t) (n) Those issued under s. 235.06.
SB253,43
1Section 43. 77.54 (9a) (a) of the statutes is amended to read:
SB253,18,52 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.
SB253,44 6Section 44. 100.45 (1) (dm) of the statutes is amended to read:
SB253,18,167 100.45 (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.
SB253,45 17Section 45. 106.16 (2) of the statutes is amended to read:
SB253,18,2318 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.
SB253,46 24Section 46. 106.16 (3) of the statutes is amended to read:
SB253,19,3
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.
SB253,47 4Section 47. 219.09 (1) (h) of the statutes is created to read:
SB253,19,55 219.09 (1) (h) The Wisconsin Renewable Energy Development Authority.
SB253,48 6Section 48 . 230.03 (3) of the statutes is amended to read:
SB253,19,167 230.03 (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.
SB253,49 17Section 49 . Chapter 235 of the statutes is created to read:
SB253,19,1818 CHAPTER 235
SB253,19,1919 Wisconsin renewable energy
SB253,19,2020 development authority
SB253,19,21 21235.01 Definitions. In this chapter:
SB253,19,23 22(1) “Authority" means the Wisconsin Renewable Energy Development
23Authority.
SB253,19,24 24(2) “Board" means the board of directors of the authority.
SB253,20,2
1(3) “Bond" means a bond, note, or other obligation of the authority issued under
2this chapter, including a refunding bond.
SB253,20,6 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.
SB253,20,8 7(5) “Eligible business" means a commercial entity that does any of the
8following:
SB253,20,109 (a) Produces energy, fuels, chemicals, or products primarily from renewable
10resources or agricultural, forestry, plant, or other biological materials.
SB253,20,1211 (b) Provides services related to reducing energy consumption or improving
12energy efficiency.
SB253,20,16 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.
SB253,20,17 17(7) “Lender" does not include a seller under a land contract.
SB253,20,18 18(8) “Renewable resource" has the meaning given in s. 196.378 (1) (h).
SB253,20,21 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:
SB253,20,2222 1. Four persons representing eligible businesses.
SB253,20,2323 2. One commercial lender.
SB253,20,2424 3. The secretary of natural resources or his or her designee.
SB253,21,2
14. The secretary of agriculture, trade and consumer protection or his or her
2designee.
SB253,21,43 5. The chief executive officer of the Wisconsin Economic Development
4Corporation or his or her designee.
SB253,21,55 6. The chairperson of the public service commission or his or her designee.
SB253,21,76 7. The dean of the College of Agricultural and Life Sciences of the University
7of Wisconsin-Madison or his or her designee.
SB253,21,98 8. The director of the Wisconsin Alumni Research Foundation or his or her
9designee.
SB253,21,1410 (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.
SB253,21,1515 (c) Members of the board shall be residents of this state.
SB253,21,1716 (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.
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