LRB-4165/1
TKK:jld:ph
2011 - 2012 LEGISLATURE
March 5, 2012 - Introduced by Senator Shilling, cosponsored by Representatives
Doyle, Bernard Schaber, Bewley and Clark. Referred to Committee on
Energy, Biotechnology, and Consumer Protection.
SB548,1,2 1An Act to amend 121.91 (4) (o) 1. of the statutes; relating to: revenue limit for
2energy efficiency projects.
Analysis by the Legislative Reference Bureau
Prior to the enactment of the 2011-13 biennial budget act, 2011 Wisconsin Act
32
(Act 32), the total amount of revenue per pupil that a school district could receive
from general school aids and property taxes in any school year was limited to the
amount of revenue increase allowed per pupil in the previous school year increased
by the percentage change in the consumer price index. Act 32 decreased the revenue
limit adjustment for the 2011-12 school year, provided a $50 per pupil adjustment
for the 2012-13 school year, and eliminated the per pupil adjustment for the 2013-14
school year and every school year thereafter.
Several exceptions to the revenue limit exist under current law. For example,
if a school district adopts a resolution to initiate a project to implement energy
efficient measures or purchase energy efficient products (energy efficiency project),
the school district's revenue limit is increased by the cost of that project or products
This particular revenue limit exception was affected by Act 32; specifically, energy
efficiency projects must be governed by a performance contract with a qualified
provider. Current law defines a "performance contract" as a contract for the
evaluation and recommendation of energy conservation and facility improvement
measures, and for the implementation of one or more of these measures. Current law
defines a "qualified provider" as a person who is experienced in the design,
implementation, and installation of energy conservation and facility improvement
measures and who has the ability to provide labor and material payment and

performance bonds equal to the maximum amount of any payments due under a
performance contract entered into by the person.
This bill eliminates the requirement that energy efficiency projects be governed
by a performance contract.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB548, s. 1 1Section 1. 121.91 (4) (o) 1. of the statutes, as affected by 2011 Wisconsin Act
232
, is amended to read:
SB548,2,143 121.91 (4) (o) 1. If a school board adopts a resolution to do so, the limit otherwise
4applicable to a school district under sub. (2m) in any school year is increased by the
5amount spent by the school district in that school year on a project to implement
6energy efficiency measures or to purchase energy efficiency products, including the
7payment of debt service on bonds or notes issued to finance the project, if the project
8results in the avoidance of, or reduction in, energy costs or operational costs, the
9project is governed by a performance contract entered into under s. 66.0133,
and the
10bonds or notes issued to finance the project, if any, are issued for periods not
11exceeding 20 years. If a school board issues bonds or notes to finance a project
12described in this subdivision, a resolution adopted by a school board under this
13subdivision is valid for each school year in which the school board pays debt service
14on the bonds or notes.
SB548,2,1515 (End)
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