AB43: Bill Text

AB43,,517 16.75 (3m) (b) 3. Except as provided under sub. (7), the department, any agency to which the department delegates purchasing authority under s. 16.71 (1), and any agency making purchases under s. 16.74 may purchase materials, supplies, equipment, and contractual services from any minority business or disabled, veteran-owned business, lesbian, gay, bisexual, or transgender-owned business, or disability-owned business, or a business that is both a minority business and a disabled veteran-owned business any combination of those, submitting a qualified responsible competitive bid that is no more than 5 percent higher than the apparent low bid or competitive proposal that is no more than 5 percent higher than the most advantageous proposal. In administering the preference for minority businesses or disabled, veteran-owned businesses, lesbian, gay, bisexual, or transgender-owned businesses, and disability-owned businesses established in this paragraph, the department, the delegated agency, and any agency making purchases under s. 16.74 shall maximize the use of minority businesses or disabled, veteran-owned businesses which, lesbian, gay, bisexual, or transgender-owned businesses, and disability-owned businesses that are incorporated under ch. 180 or which that have their principal place of business in this state.

AB43,141 Section 141. 16.75 (3m) (c) 1. of the statutes is amended to read:

AB43,,519 16.75 (3m) (c) 1. After completing any contract under this subchapter, the contractor shall report to the agency that awarded the contract any amount of the contract that was subcontracted to minority businesses and, any amount of the contract that was subcontracted to disabled veteran-owned businesses, any amount of the contract that was subcontracted to lesbian, gay, bisexual, or transgender-owned businesses, and any amount of the contract that was subcontracted to disability-owned businesses.

AB43,142 Section 142. 16.75 (3m) (c) 2. b. of the statutes is amended to read:

AB43,,521 16.75 (3m) (c) 2. b. The total amount of money and the percentage of the total amount of money it has expended for contracts and orders awarded to disabled veteran-owned businesses.

AB43,143 Section 143. 16.75 (3m) (c) 2. d. of the statutes is amended to read:

AB43,,523 16.75 (3m) (c) 2. d. The number of contacts with disabled veteran-owned businesses in connection with proposed purchases.

AB43,144 Section 144. 16.75 (3m) (c) 2. e. of the statutes is created to read:

AB43,,525 16.75 (3m) (c) 2. e. The total amount of money and the percentage of the total amount of money it has expended for contracts and orders awarded to lesbian, gay, bisexual, or transgender-owned businesses.

AB43,145 Section 145. 16.75 (3m) (c) 2. f. of the statutes is created to read:

AB43,,527 16.75 (3m) (c) 2. f. The number of contacts with lesbian, gay, bisexual, or transgender-owned businesses in connection with proposed purchases.

AB43,146 Section 146. 16.75 (3m) (c) 2. g. of the statutes is created to read:

AB43,,529 16.75 (3m) (c) 2. g. The total amount of money and the percentage of the total amount of money it has expended for contracts and orders awarded to disability-owned businesses.

AB43,147 Section 147. 16.75 (3m) (c) 2. h. of the statutes is created to read:

AB43,,531 16.75 (3m) (c) 2. h. The number of contacts with disability-owned businesses in connection with proposed purchases.

AB43,148 Section 148. 16.75 (3m) (c) 3. of the statutes is amended to read:

AB43,,533 16.75 (3m) (c) 3. The department shall maintain and annually publish data on state purchases from minority businesses and on state purchases from disabled, veteran-owned businesses, lesbian, gay, bisexual, or transgender-owned businesses, and disability-owned businesses, including amounts expended and the percentage of total expenditures awarded to minority businesses and amounts expended and the percentage of total expenditures awarded to disabled, veteran-owned businesses, lesbian, gay, bisexual, or transgender-owned businesses, and disability-owned businesses.

AB43,149 Section 149. 16.75 (3m) (c) 4. of the statutes is amended to read:

AB43,,535 16.75 (3m) (c) 4. The department shall annually prepare and submit a report to the governor and to the chief clerk of each house of the legislature, for distribution to the appropriate standing committees under s. 13.172 (3), on the total amount of money paid to and the amount of indebtedness or other obligations underwritten by minority businesses, minority financial advisers, minority and investment firms, disabled; veteran-owned businesses, disabled veteran-owned financial advisers, and disabled veteran-owned investment firms; lesbian, gay, bisexual, or transgender-owned businesses, financial advisers, and investment firms; and disability-owned businesses, financial advisers, and investment firms under the requirements of this subsection and ss. 16.855 (10m), 16.87 (2), 25.185, 84.075 and 565.25 (2) (a) 3. and on this state’s progress toward achieving compliance with par. (b) and ss. 16.855 (10m) (am) and (10n), 16.87 (2), 25.185, and 84.075 (1m). The report shall also include the percentage of the total amount of money paid to and the percentage of the total amount of indebtedness or other obligations underwritten by disabled veteran-owned businesses, disabled veteran-owned financial advisers, and disabled veteran-owned investment firms; lesbian, gay, bisexual, or transgender-owned businesses, financial advisers, and investment firms; and disability-owned businesses, financial advisers, and investment firms. In calculating the percentages to be reported under this subsection, the department shall exclude any purchase or contract for which a preference would violate any federal law or regulation or any contract between an agency and a federal agency or any contract that would result in a reduction in the amount of federal aids received by this state.

AB43,150 Section 150. 16.75 (3m) (c) 5. a. of the statutes is amended to read:

AB43,,537 16.75 (3m) (c) 5. a. In determining whether a purchase, contract, or subcontract complies with the goal established under par. (b) 1. or 2. or s. 16.855 (10m) (am) 1. or 2., 16.87 (2) (b) or (c), or 25.185 (2) (a) or (b), the department shall include only amounts paid to businesses, financial advisers, and investment firms certified by the department of administration under s. 16.283 or, 16.287 (2), 16.288 (3), or 16.289 (3), whichever is appropriate.

AB43,151 Section 151. 16.75 (3m) (c) 5. b. of the statutes is amended to read:

AB43,,539 16.75 (3m) (c) 5. b. In determining whether a purchase, contract, or subcontract is made with a disabled veteran-owned business, the department shall include only amounts paid to disabled veteran-owned businesses certified by the department of administration under s. 16.283 (3).

AB43,152 Section 152. 16.765 (1) of the statutes is amended to read:

AB43,,541 16.765 (1) Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace 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), gender expression, as defined in s. 111.32 (7j), gender identity, as defined in s. 111.32 (7k), or national origin and, except with respect to sexual orientation, gender expression, and gender identity, obligating the contractor to take affirmative action to ensure equal employment opportunities.

AB43,153 Section 153. 16.765 (2) of the statutes is amended to read:

AB43,,543 16.765 (2) Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace 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, gender expression, as defined in s. 111.32 (7j), gender identity, as defined in s. 111.32 (7k), 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, gender expression, and gender identity, 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”. clause.”

AB43,154 Section 154. 16.84 (2m) of the statutes is repealed.

AB43,155 Section 155. 16.854 (2) (intro.) of the statutes is amended to read:

AB43,,546 16.854 (2) (intro.) Subject to the requirements of s. 16.82 (7), the department may, upon request of any local professional baseball park district, if the district has entered into a lease agreement with the department under s. 16.82 (7), take charge of and supervise engineering or architectural services or construction work, as defined in s. 16.87 (1) (a), performed by, or for, the district for compensation to be agreed upon between the department and the district. In connection with such services or work, the department may furnish engineering, architectural, project management and other building construction services whenever requisitions therefor are presented to the department by the district. If the district has entered into a lease agreement with the department under s. 16.82 (7), the department may also assist the district, upon request of the district, in letting contracts for engineering, architectural or construction work authorized by law and in supervising the work done thereunder. The department may award any such contract for any combination or division of work it designates and may consider any factors in awarding a contract including price, time for completion of work and the qualifications and past performance of a contractor. In awarding contracts under this section for the construction of baseball park facilities, as defined in s. 229.65 (1) (1s), the department shall ensure that any person who is awarded a contract agrees, as a condition to receiving the contract, that his or her goal shall be to ensure that at least 25 percent of the employees hired because of the contract will be minority group members and at least 5 percent of the employees hired because of the contract will be women. It shall also be a goal of the department to ensure that at least 25 percent of the aggregate dollar value of contracts awarded for the construction of such facilities in the following areas are awarded to minority businesses and at least 5 percent of the aggregate dollar value of contracts awarded for the construction of such facilities in the following areas are awarded to women’s businesses:

AB43,156 Section 156. 16.855 (1p) of the statutes is repealed.

AB43,157 Section 157. 16.855 (10m) (ac) of the statutes is renumbered 16.855 (10m) (ac) (intro.) and amended to read:

AB43,,549 16.855 (10m) (ac) (intro.) In this subsection, “disabled veteran-owned:

AB43,,550 4. “Veteran-owned business” means a business certified by the department of administration under s. 16.283 (3).

AB43,158 Section 158. 16.855 (10m) (ac) 1. of the statutes is created to read:

AB43,,552 16.855 (10m) (ac) 1. “Disability-owned business” means a business certified by the department under s. 16.289 (3).

AB43,159 Section 159. 16.855 (10m) (ac) 3. of the statutes is created to read:

AB43,,554 16.855 (10m) (ac) 3. “Lesbian, gay, bisexual, or transgender-owned business” means a business certified by the department under s. 16.288 (3).

AB43,160 Section 160. 16.855 (10m) (am) 2. of the statutes is amended to read:

AB43,,556 16.855 (10m) (am) 2. In awarding construction contracts, the department shall attempt to ensure that at least 1 an aggregate amount of 5 percent of the total amount expended in each fiscal year is awarded to contractors and subcontractors that are disabled veteran-owned businesses, disability-owned businesses, and lesbian, gay, bisexual, or transgender-owned businesses.

AB43,161 Section 161. 16.855 (10m) (am) 3. of the statutes is amended to read:

AB43,,558 16.855 (10m) (am) 3. The department may award any contract to a minority business or disabled, veteran-owned business, lesbian, gay, bisexual, or transgender-owned business, or disability-owned business, or a business that is both a minority business and a disabled veteran-owned business any combination of these, if the business is a qualified responsible bidder and the business submits a bid that is no more than 5 percent higher than the apparent low bid.

AB43,162 Section 162. 16.855 (10m) (b) of the statutes is amended to read:

AB43,,560 16.855 (10m) (b) Upon completion of any contract, the contractor shall report to the department any amount of the contract that was subcontracted to minority businesses or disabled, veteran-owned businesses, lesbian, gay, bisexual, or transgender-owned businesses, and disability-owned businesses.

AB43,163 Section 163. 16.855 (10m) (c) of the statutes is amended to read:

AB43,,562 16.855 (10m) (c) The department shall maintain and annually publish data on contracts awarded to minority businesses and disabled, veteran-owned businesses, lesbian, gay, bisexual, or transgender-owned businesses, and disability-owned businesses under this subsection and ss. 16.87 and 84.075.

AB43,164 Section 164. 16.87 (1) (aL) of the statutes is created to read:

AB43,,564 16.87 (1) (aL) “Disability-owned business” means a business certified by the department under s. 16.289 (3).

AB43,165 Section 165. 16.87 (1) (am) of the statutes is amended to read:

AB43,,566 16.87 (1) (am) “Disabled veteran-owned Veteran-owned business” means a business certified by the department of administration under s. 16.283 (3).

AB43,166 Section 166. 16.87 (1) (br) of the statutes is created to read:

AB43,,568 16.87 (1) (br) “Lesbian, gay, bisexual, or transgender-owned business” means a business, financial adviser, or investment firm certified by the department under s. 16.288 (3).

AB43,167 Section 167. 16.87 (2) (c) of the statutes is amended to read:

AB43,,570 16.87 (2) (c) The department shall attempt to ensure that at least 1 an aggregate amount of 5 percent of the total amount expended under this section in each fiscal year is paid to disabled veteran-owned businesses, disability-owned businesses, and lesbian, gay, bisexual, or transgender-owned businesses.

AB43,168 Section 168. 16.954 of the statutes is created to read:

AB43,,572 16.954 Office of sustainability and clean energy. (1) Definitions. In this section:

AB43,,573 (a) “Office” means the office of sustainability and clean energy.

AB43,,574 (b) “Public utility” has the meaning given in s. 196.01 (5).

AB43,,575 (2) Initiatives. The office shall work on initiatives that have the following goals:

AB43,,576 (a) Promoting the development and use of clean and renewable energy across this state.

AB43,,577 (b) Advancing innovative sustainability solutions in ways that improve this state’s economy and environment, including energy initiatives that reduce carbon emissions, accelerate economic growth, and lower customer energy costs.

AB43,,578 (c) Diversifying the resources used to reliably meet the energy needs of consumers in this state and generate family-supporting jobs through the expansion of this state’s clean energy economy.

AB43,,579 (3) Other duties. The office shall do all of the following:

AB43,,580 (a) Provide advice and support to state agencies in developing or retrofitting sustainable infrastructure to reduce energy use and lessen negative impacts on this state’s air and water quality.

AB43,,581 (b) Study and report on the status of existing clean and renewable energy efforts by the state, including economic development initiatives, and develop future energy policy opportunities for consideration by the governor and state agencies.

AB43,,582 (c) Serve as a single point of contact to assist businesses, local units of government, and nongovernmental organizations that are pursuing clean energy opportunities.

AB43,,583 (d) Identify and share information about clean energy funding and employment opportunities for private and state and local governmental entities.

AB43,,584 (e) Take other steps necessary to facilitate the implementation of the initiatives specified in sub. (2) and to identify and address barriers to the implementation of those initiatives.

AB43,,585 (4) Clean energy grants. The office shall establish a program for making grants from the appropriation under s. 20.505 (4) (cm) to fund research in support of clean energy production.

AB43,,586 (5) Technical assistance. (a) The office may provide technical assistance to local governmental units and private entities to assist in the planning and implementation of energy efficiency and renewable resources and may charge for those services. The office may request technical and staff assistance from other state agencies in providing technical assistance to those units of government and private entities.

AB43,,587 (b) The office may require a public utility to provide energy billing and use data regarding public schools, if the office determines that the data are necessary to provide technical assistance under par. (a) in public schools, including those with the highest energy costs.

AB43,,588 (c) The office shall consult with the public service commission in implementing this subsection.

AB43,169 Section 169. 16.955 of the statutes is created to read:

AB43,,590 16.955 Clean energy small business incubator. (1) Incubator. The office of sustainability and clean energy in the department shall operate a small business incubator.

AB43,,591 (2) Duties. The incubator operated under sub. (1) shall provide business development, mentorship, and expertise to small businesses with their primary place of business in this state that operates in the clean energy sector.

AB43,,592 (3) Grants. From the appropriation under s. 20.505 (4) (cn), the incubator shall award grants to small business start-up companies with their primary place of business in this state that operate in the clean energy sector. The office of sustainability and clean energy shall establish requirements for grant recipients under this subsection.

AB43,170 Section 170. 16.969 (title) of the statutes is renumbered 196.492 (title).

AB43,171 Section 171. 16.969 (1) (intro.) and (b) of the statutes are consolidated, renumbered 196.492 (1) and amended to read:

AB43,,595 196.492 (1) In this section: (b) “High-voltage, “high-voltage transmission line” means a high-voltage transmission line, as defined in s. 196.491 (1) (f), that is designed for operation at a nominal voltage of 345 kilovolts or more.

AB43,172 Section 172. 16.969 (1) (a) of the statutes is repealed.

AB43,173 Section 173. 16.969 (2) of the statutes is renumbered 196.492 (2), and 196.492 (2) (intro.), as renumbered, is amended to read:

AB43,,598 196.492 (2) (intro.) The department commission shall promulgate rules that require a person who is issued a certificate of public convenience and necessity by the commission under s. 196.491 (3) for a high-voltage transmission line to pay the department commission the following fees:

AB43,174 Section 174. 16.969 (3) of the statutes is renumbered 196.492 (3), and 196.492 (3) (a) and (b) 1. and 2., as renumbered, are amended to read:

AB43,,600 196.492 (3) (a) The department commission shall distribute the fees that are paid by a person under the rules promulgated under sub. (2) (a) to each town, village and city that is identified by the commission under s. 196.491 (3) (gm) in proportion to the amount of investment that is allocated by the commission under s. 196.491 (3) (gm) to each such town, village and city.

AB43,,601 (b) 1. The department commission shall pay 50 percent of the fee to each county that is identified by the commission under s. 196.491 (3) (gm) in proportion to the amount of investment that is allocated by the commission under s. 196.491 (3) (gm) to each such county.

AB43,,602 2. The department commission shall pay 50 percent of the fee to each town, village and city that is identified by the commission under s. 196.491 (3) (gm) in proportion to the amount of investment that is allocated by the commission under s. 196.491 (3) (gm) to each such town, village and city.

AB43,175 Section 175. 16.969 (4) of the statutes is renumbered 196.492 (4).

AB43,176 Section 176. 16.971 (2) (a) of the statutes is amended to read:

AB43,,605 16.971 (2) (a) Ensure that an adequate level of information technology services is made available to all agencies by providing systems analysis and application programming services to augment agency resources, as requested. The department shall also ensure that executive branch agencies, other than the board of regents of the University of Wisconsin System except for purposes of s. 16.978, make effective and efficient use of the information technology resources of the state. The department shall, in cooperation with agencies, including the board of regents for purposes of s. 16.978, establish policies, procedures and planning processes, for the administration of information technology services, which executive branch agencies, including the board of regents for purposes of s. 16.978, shall follow. The policies, procedures and processes shall address the needs of agencies, other than the board of regents of the University of Wisconsin System except for purposes of s. 16.978, to carry out their functions. The department shall monitor adherence to these policies, procedures and processes.