AB902,22 14Section 22. 16.765 (2) of the statutes is amended to read:
AB902,12,715 16.765 (2) Contracting agencies, 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
18Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation
19Authority, the Wisconsin Economic Development Corporation, and the Bradley
20Center Sports and Entertainment Corporation shall include the following provision
21in every contract executed by them: "In connection with the performance of work
22under this contract, the contractor agrees not to discriminate against any employee
23or applicant for employment because of age, race, religion, color, handicap, sex,
24physical condition, developmental disability as defined in s. 51.01 (5), sexual
25orientation or national origin. This provision shall include, but not be limited to, the

1following: employment, upgrading, demotion or transfer; recruitment or recruitment
2advertising; layoff or termination; rates of pay or other forms of compensation; and
3selection for training, including apprenticeship. Except with respect to sexual
4orientation, the contractor further agrees to take affirmative action to ensure equal
5employment opportunities. The contractor agrees to post in conspicuous places,
6available for employees and applicants for employment, notices to be provided by the
7contracting officer setting forth the provisions of the nondiscrimination clause".
AB902,23 8Section 23. 16.765 (5) of the statutes is amended to read:
AB902,13,29 16.765 (5) The head of each contracting agency and the boards of directors of
10the University of Wisconsin Hospitals and Clinics Authority, the Fox River
11Navigational System Authority, the Wisconsin Aerospace Authority, the Wisconsin
12Renewable Energy Development Authority,
the Health Insurance Risk-Sharing
13Plan Authority, the Lower Fox River Remediation Authority, the Wisconsin
14Economic Development Corporation, and the Bradley Center Sports and
15Entertainment Corporation shall be primarily responsible for obtaining compliance
16by any contractor with the nondiscrimination and affirmative action provisions
17prescribed by this section, according to procedures recommended by the department.
18The department shall make recommendations to the contracting agencies and the
19boards of directors of the University of Wisconsin Hospitals and Clinics Authority,
20the Fox River Navigational System Authority, the Wisconsin Aerospace Authority,
21the Wisconsin Renewable Energy Development Authority, the Health Insurance
22Risk-Sharing Plan Authority, the Lower Fox River Remediation Authority, the
23Wisconsin Economic Development Corporation, and the Bradley Center Sports and
24Entertainment Corporation for improving and making more effective the
25nondiscrimination and affirmative action provisions of contracts. The department

1shall promulgate such rules as may be necessary for the performance of its functions
2under this section.
AB902,24 3Section 24. 16.765 (6) of the statutes is amended to read:
AB902,13,134 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 Health Insurance Risk-Sharing Plan Authority, the Lower Fox River
11Remediation Authority, the Wisconsin Economic Development Corporation, or the
12Bradley Center Sports and Entertainment Corporation for processing in accordance
13with the department's procedures.
AB902,25 14Section 25. 16.765 (7) (intro.) of the statutes is amended to read:
AB902,14,215 16.765 (7) (intro.) When a violation of this section has been determined by the
16department, the contracting agency, 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
19Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation
20Authority, the Wisconsin Economic Development Corporation, or the Bradley Center
21Sports and Entertainment Corporation, the contracting agency, the University of
22Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System
23Authority, the Wisconsin Aerospace Authority, the Wisconsin Renewable Energy
24Development Authority,
the Health Insurance Risk-Sharing Plan Authority, the

1Lower Fox River Remediation Authority, the Wisconsin Economic Development
2Corporation, or the Bradley Center Sports and Entertainment Corporation shall:
AB902,26 3Section 26. 16.765 (7) (d) of the statutes is amended to read:
AB902,14,114 16.765 (7) (d) Direct the violating party to take immediate steps to prevent
5further violations of this section and to report its corrective action to the contracting
6agency, the University of Wisconsin Hospitals and Clinics Authority, the Fox River
7Navigational System Authority, the Wisconsin Aerospace Authority, the Wisconsin
8Renewable Energy Development Authority,
the Health Insurance Risk-Sharing
9Plan Authority, the Lower Fox River Remediation Authority, the Wisconsin
10Economic Development Corporation, or the Bradley Center Sports and
11Entertainment Corporation.
AB902,27 12Section 27. 16.765 (8) of the statutes is amended to read:
AB902,15,713 16.765 (8) If further violations of this section are committed during the term
14of the contract, the contracting agency, the Fox River Navigational System Authority,
15the Wisconsin Aerospace Authority, the Wisconsin Renewable Energy Development
16Authority,
the Health Insurance Risk-Sharing Plan Authority, the Lower Fox River
17Remediation Authority, the Wisconsin Economic Development Corporation, or the
18Bradley Center Sports and Entertainment Corporation may permit the violating
19party to complete the contract, after complying with this section, but thereafter the
20contracting agency, the Fox River Navigational System Authority, the Wisconsin
21Aerospace Authority, the Wisconsin Renewable Energy Development Authority, the
22Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation
23Authority, the Wisconsin Economic Development Corporation, or the Bradley Center
24Sports and Entertainment Corporation shall request the department to place the
25name of the party on the ineligible list for state contracts, or the contracting agency,

1the Fox River Navigational System Authority, the Wisconsin Aerospace Authority,
2the Wisconsin Renewable Energy Development Authority, the Health Insurance
3Risk-Sharing Plan Authority, the Lower Fox River Remediation Authority, the
4Wisconsin Economic Development Corporation, or the Bradley Center Sports and
5Entertainment Corporation may terminate the contract without liability for the
6uncompleted portion or any materials or services purchased or paid for by the
7contracting party for use in completing the contract.
AB902,28 8Section 28. 16.838 (1) (b) of the statutes is amended to read:
AB902,15,109 16.838 (1) (b) "Authority" means a body created under subch. II of ch. 114 or
10ch. 231, 232, 233, 234, 235, or 237.
AB902,29 11Section 29. 16.85 (2) of the statutes is amended to read:
AB902,15,2212 16.85 (2) To furnish engineering, architectural, project management, and other
13building construction services whenever requisitions therefor are presented to the
14department by any agency. The department may deposit moneys received from the
15provision of these services in the account under s. 20.505 (1) (kc) or in the general
16fund as general purpose revenue — earned. In this subsection, "agency" means an
17office, department, independent agency, institution of higher education, association,
18society, or other body in state government created or authorized to be created by the
19constitution or any law, which is entitled to expend moneys appropriated by law,
20including the legislature and the courts, but not including an authority created in
21subch. II of ch. 114 or subch. III of ch. 149 or in ch. 231, 233, 234, 235, 237, 238, or
22279.
AB902,30 23Section 30. 16.865 (8) of the statutes is amended to read:
AB902,16,1324 16.865 (8) Annually in each fiscal year, allocate as a charge to each agency a
25proportionate share of the estimated costs attributable to programs administered by

1the agency to be paid from the appropriation under s. 20.505 (2) (k). The department
2may charge premiums to agencies to finance costs under this subsection and pay the
3costs from the appropriation on an actual basis. The department shall deposit all
4collections under this subsection in the appropriation account under s. 20.505 (2) (k).
5Costs assessed under this subsection may include judgments, investigative and
6adjustment fees, data processing and staff support costs, program administration
7costs, litigation costs, and the cost of insurance contracts under sub. (5). In this
8subsection, "agency" means an office, department, independent agency, institution
9of higher education, association, society, or other body in state government created
10or authorized to be created by the constitution or any law, that is entitled to expend
11moneys appropriated by law, including the legislature and the courts, but not
12including an authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch.
13231, 232, 233, 234, 235, 237, 238, or 279.
AB902,31 14Section 31. 19.42 (10) (qm) of the statutes is created to read:
AB902,16,1615 19.42 (10) (qm) The executive director and members of the board of directors
16of the Wisconsin Renewable Energy Development Authority.
AB902,32 17Section 32. 20.005 (3) (schedule) of the statutes: at the appropriate place,
18insert the following amounts for the purposes indicated: - See PDF for table PDF - See PDF for table PDF
AB902,33 19Section 33. 20.498 of the statutes is created to read:
AB902,17,3
120.498 Wisconsin Renewable Energy Development Authority. There is
2appropriated to the Wisconsin Renewable Energy Development Authority for the
3following program:
AB902,17,5 4(1) Authority operations. (a) General program operations. As a continuing
5appropriation, the amounts in the schedule for purposes of ch. 235.
AB902,34 6Section 34. 23.175 (1) (b) of the statutes is amended to read:
AB902,17,117 23.175 (1) (b) "State agency" means any office, department, agency, institution
8of higher education, association, society or other body in state government created
9or authorized to be created by the constitution or any law which is entitled to expend
10moneys appropriated by law, including any authority created under subch. II of ch.
11114 or ch. 231, 233, 234, 235, or 237 but not including the legislature or the courts.
AB902,35 12Section 35. 24.61 (2) (a) 10r. of the statutes is created to read:
AB902,17,1413 24.61 (2) (a) 10r. Bonds of the Wisconsin Renewable Energy Development
14Authority.
AB902,36 15Section 36. 25.17 (3) (b) 14. of the statutes is created to read:
AB902,17,1716 25.17 (3) (b) 14. Bonds issued by the Wisconsin Renewable Energy
17Development Authority.
AB902,37 18Section 37. 40.02 (54) (k) of the statutes is created to read:
AB902,17,1919 40.02 (54) (k) The Wisconsin Renewable Energy Development Authority.
AB902,38 20Section 38. 66.0603 (1m) (a) 3v. of the statutes is created to read:
AB902,17,2221 66.0603 (1m) (a) 3v. Bonds issued by the Wisconsin Renewable Energy
22Development Authority.
AB902,39 23Section 39. 70.11 (38o) of the statutes is created to read:
AB902,18,324 70.11 (38o) Wisconsin renewable energy development authority.
25Notwithstanding the provisions of s. 70.11 (intro.) that relate to leased property or

1that impose other limitations, all property owned or leased by the Wisconsin
2Renewable Energy Development Authority, provided that use of the property is
3primarily related to the purposes of the authority.
AB902,40 4Section 40. 71.05 (1) (c) 7m. of the statutes is created to read:
AB902,18,55 71.05 (1) (c) 7m. The Wisconsin Renewable Energy Development Authority.
AB902,41 6Section 41. 71.26 (1) (be) of the statutes is amended to read:
AB902,18,117 71.26 (1) (be) Certain authorities. Income of the University of Wisconsin
8Hospitals and Clinics Authority, of the Health Insurance Risk-Sharing Plan
9Authority, of the Fox River Navigational System Authority, of the Wisconsin
10Economic Development Corporation, of the Wisconsin Renewable Energy
11Development Authority,
and of the Wisconsin Aerospace Authority.
AB902,42 12Section 42. 71.26 (1m) (n) of the statutes is created to read:
AB902,18,1313 71.26 (1m) (n) Those issued under s. 235.06.
AB902,43 14Section 43. 71.45 (1t) (n) of the statutes is created to read:
AB902,18,1515 71.45 (1t) (n) Those issued under s. 235.06.
AB902,44 16Section 44. 77.54 (9a) (a) of the statutes is amended to read:
AB902,18,2117 77.54 (9a) (a) This state or any agency thereof, the University of Wisconsin
18Hospitals and Clinics Authority, the Wisconsin Aerospace Authority, the Wisconsin
19Renewable Energy Development Authority,
the Health Insurance Risk-Sharing
20Plan Authority, the Wisconsin Economic Development Corporation, and the Fox
21River Navigational System Authority.
AB902,45 22Section 45. 100.45 (1) (dm) of the statutes is amended to read:
AB902,19,723 100.45 (1) (dm) "State agency" means any office, department, agency,
24institution of higher education, association, society, or other body in state
25government created or authorized to be created by the constitution or any law which

1is entitled to expend moneys appropriated by law, including the legislature and the
2courts, the Wisconsin Housing and Economic Development Authority, the Bradley
3Center Sports and Entertainment Corporation, the University of Wisconsin
4Hospitals and Clinics Authority, the Wisconsin Health and Educational Facilities
5Authority, the Wisconsin Aerospace Authority, the Wisconsin Renewable Energy
6Development Authority,
the Wisconsin Economic Development Corporation, and the
7Fox River Navigational System Authority.
AB902,46 8Section 46. 103.49 (1) (f) of the statutes is amended to read:
AB902,19,159 103.49 (1) (f) "State agency" means any office, department, independent
10agency, institution of higher education, association, society or other body in state
11government created or authorized to be created by the constitution or any law,
12including the legislature and the courts. "State agency" also includes the University
13of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System
14Authority, and the Wisconsin Aerospace Authority, and the Wisconsin Renewable
15Energy Development Authority
.
AB902,47 16Section 47. 106.16 (2) of the statutes is amended to read:
AB902,19,2217 106.16 (2) Any company that receives a loan or grant from a state agency or
18an authority under ch. 231 or, 234, or 235 shall notify the department and the local
19workforce development board established under 29 USC 2832, of any position in the
20company that is related to the project for which the grant or loan is received to be
21filled in this state within one year after receipt of the loan or grant. The company
22shall provide this notice at least 2 weeks prior to advertising the position.
AB902,48 23Section 48. 106.16 (3) of the statutes is amended to read:
AB902,20,3
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.
AB902,49 4Section 49. 219.09 (1) (h) of the statutes is created to read:
AB902,20,55 219.09 (1) (h) The Wisconsin Renewable Energy Development Authority.
AB902,50 6Section 50. 230.03 (3) of the statutes is amended to read:
AB902,20,167 230.03 (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.
AB902,51 17Section 51. Chapter 235 of the statutes is created to read:
AB902,20,1818 CHAPTER 235
AB902,20,1919 Wisconsin renewable energy
AB902,20,2020 development authority
AB902,20,21 21235.01 Definitions. In this chapter:
AB902,20,23 22(1) "Authority" means the Wisconsin Renewable Energy Development
23Authority.
AB902,20,24 24(2) "Board" means the board of directors of the authority.
AB902,21,2
1(3) "Bond" means a bond, note, or other obligation of the authority issued under
2this chapter, including a refunding bond.
AB902,21,6 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.
AB902,21,8 7(5) "Eligible business" means a commercial entity that does any of the
8following:
AB902,21,109 (a) Produces energy, fuels, chemicals, or products primarily from renewable
10resources or agricultural, forestry, plant, or other biological materials.
AB902,21,1211 (b) Provides services related to reducing energy consumption or improving
12energy efficiency.
AB902,21,16 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.
AB902,21,17 17(7) "Lender" does not include a seller under a land contract.
AB902,21,18 18(8) "Renewable resource" has the meaning given in s. 196.378 (1) (h).
AB902,21,21 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:
AB902,21,2222 1. Four persons representing eligible businesses.
AB902,21,2323 2. One commercial lender.
AB902,21,2424 3. The secretary of natural resources or his or her designee.
AB902,22,2
14. The secretary of agriculture, trade and consumer protection or his or her
2designee.
AB902,22,43 5. The chief executive officer of the Wisconsin Economic Development
4Corporation or his or her designee.
AB902,22,55 6. The chairperson of the public service commission or his or her designee.
AB902,22,76 7. The dean of the College of Agricultural and Life Sciences of the University
7of Wisconsin-Madison or his or her designee.
AB902,22,98 8. The director of the Wisconsin Alumni Research Foundation or his or her
9designee.
AB902,22,1410 (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.
AB902,22,1515 (c) Members of the board shall be residents of the state.
AB902,22,1716 (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.
AB902,23,7 18(2) The board shall appoint an executive director who may not be a member of
19the board and who shall serve at the pleasure of the board. The board shall determine
20the compensation of the executive director, except that the compensation of the
21executive director may not exceed the maximum of the salary range established
22under s. 20.923 (1) for positions assigned to executive salary group 4 and the
23compensation of each other employee of the authority may not exceed the maximum
24of the salary range established under s. 20.923 (1) for positions assigned to executive
25salary group 3. The executive director or another person designated by resolution

1of the board shall keep a record of the proceedings of the authority and shall be
2custodian of all books, documents, and papers filed with the authority, the minute
3book or journal of the authority, and its official seal. The executive director, or other
4person, may cause copies to be made of all minutes and other records and documents
5of the authority and may give certificates under the official seal of the authority to
6the effect that the copies are true copies, and all persons dealing with the authority
7may rely upon the certificates.
AB902,23,15 8(3) Six members of the board constitute a quorum. The affirmative vote of a
9majority of all of the members of the board is necessary for any action taken by the
10authority. A vacancy in the membership of the board does not impair the right of a
11quorum to exercise all of the rights and perform all of the duties of the authority. All
12meetings of the board are subject to subch. V of ch. 19. Resolutions of the authority
13need not be published or posted. The board may delegate by resolution to one or more
14of its members or the executive director the powers and duties that it considers
15proper.
AB902,23,19 16(4) The members of the board shall receive no compensation for the
17performance of their duties as members, but each member shall be reimbursed for
18the member's actual and necessary expenses while engaged in the performance of the
19member's duties.
AB902,23,23 20(5) No cause of action of any nature may arise against and no civil liability may
21be imposed upon a member of the board for any act or omission in the performance
22of his or her powers and duties under this chapter, unless the person asserting
23liability proves that the act or omission constitutes willful misconduct.
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