16.846(1)(a)(a) The department shall promulgate under
ch. 227, and shall enforce or have enforced, rules of conduct for property leased or managed by the department. Unless the rule specifies a penalty as provided under
par. (b), a person found guilty of violating a rule promulgated under this subsection shall be fined not more than $100 or imprisoned for not more than 30 days or both.
16.846(1)(b)
(b) A rule promulgated under
par. (a) may provide that a person who violates the rule is subject to one of the following:
16.846(1)(b)1.
1. A lesser criminal penalty than the criminal penalty specified in
par. (a).
16.846(2)
(2) A forfeiture under
sub. (1) (b) 2. may be sued for and collected in the name of the department before any court having jurisdiction of such action. An action for a forfeiture under
sub. (1) (b) 2. may be brought by the department, by the department of justice at the request of the department, or by a district attorney.
16.846(3)
(3) All fines imposed and collected under this section shall be transmitted to the county treasurer for disposition in accordance with
s. 59.20 (5) and
(8) [59.25 (3) (f) and (j)]. All forfeitures, including forfeitures of posted bail, if any, imposed and collected under this section shall be transmitted to the county treasurer for disposition in accordance with
ss. 778.13 and
778.17.
16.846 Note
NOTE: The bracketed language indicates the correct cross-reference.
1995 Wis. Act 201 renumbered s. 59.20 (5) and (8) to be 59.25 (3) (f) and (j). Corrective legislation is pending.
16.846 History
History: 1995 a. 174.
16.847
16.847
Energy efficiency program. 16.847(1)(b)
(b) "State facilities" means all property owned and operated by the state for the purpose of carrying out usual state functions, including each center and institution within the university of Wisconsin system.
16.847(1)(c)
(c) "Utility expenses" means expenses incurred to provide heating, cooling and electricity to a state facility.
16.847(2)
(2) Utility expense budgeting. For all appropriations listed in
sub. (4), an agency shall submit to the department documentation that shows the amounts budgeted and expended by the agency for utility expenses in fiscal year 1993-94 and in fiscal year 1994-95.
16.847(4)
(4) Utility expense appropriations. Subsection (2) applies to all of the following appropriations:
16.847(5)(a)(a) The department shall establish an energy efficiency program to assist agencies in energy conservation. The department shall seek out energy saving opportunities, review and rank energy efficiency projects, award loans under
sub. (6) to agencies for energy efficiency projects and verify energy savings achieved by an energy efficiency project.
16.847(5)(b)
(b) The department may award a loan under
sub. (6) to an agency for any of the following energy efficiency projects:
16.847(5)(b)1.
1. Construction projects that involve remodeling, renovation or similar modifications made to the interior or exterior structure of a building.
16.847(5)(b)2.
2. Nonconstruction projects that include energy efficiency work that is not included under
subd. 1.
16.847(6)
(6) Loans. From the appropriation under
s. 20.505 (5) (q), the department may award a loan to an agency to fund an energy efficiency project. The department may not award a loan under this subsection unless all of the following conditions are satisfied:
16.847(6)(a)
(a) The energy efficiency project generates sufficient utility expense savings to pay back the loan within 6 years.
16.847(6)(b)
(b) The loan funds an energy efficiency project in an existing state facility.
16.847(6)(d)
(d) The energy efficiency project meets any other condition established by the department.
16.847(7)
(7) Loan approval. Loans made under
sub. (6) require approval by the department or the building commission, or both, as follows:
16.847(7)(a)
(a) For any loan, approval by the department under
sub. (6) is required.
16.847(7)(b)
(b) For loans of $100,000 or more, after approval by the department under
par. (a), approval by the building commission is required. Any approval by the building commission does not require enumeration as provided in
s. 20.924 (1).
16.847(8)(a)(a) As a condition of receiving a loan under
sub. (6), an agency shall enter into an agreement to repay the loan from utility expenses saved by the energy efficiency project. The agreement shall specify the annual repayment amount and the appropriation to which the loan shall be repaid. Annually, the department may transfer the specified repayment amount from an appropriation described in the agreement to the same account in the energy efficiency fund from which the loan was made. The department shall determine the amount of utility expenses saved by an energy efficiency project.
16.847(8)(b)
(b) As a condition of receiving a loan under
sub. (6), an agency shall agree that for 6 years after the loan is repaid utility expenses saved by the energy efficiency project shall be allocated as follows:
16.847(8)(b)1.
1. The department may transfer one-third of the annual savings to the general fund.
16.847(8)(b)2.
2. The department may transfer one-third of the annual savings to the energy efficiency fund for maintenance of projects with an energy efficiency benefit and for energy efficiency monitoring.
16.847(8)(b)3.
3. Subject to approval under
s. 13.101 (4), the agency may retain one-third of the annual savings for its general program operations.
16.847(9)
(9) Maintenance, monitoring and education. 16.847(9)(a)(a) From the appropriation under
s. 20.505 (5) (q), the department may expend up to 3% of the total amounts deposited in the energy fund for energy efficiency monitoring and for education programs that provide information about energy efficiency projects or information about energy conservation.
16.847(9)(b)
(b) From the appropriation under
s. 20.505 (5) (q), the department may expend amounts deposited in the energy efficiency fund under
sub. (8) (b) 2. for maintenance of projects with an energy efficiency benefit and for energy efficiency monitoring.
16.847(9)(c)
(c) The department shall monitor the cost and performance of energy efficiency projects funded under this section. The department shall disseminate this information to other state agencies, the manufacturers of energy systems, architects, design engineers, contractors and the general public to promote a broader awareness and knowledge of the savings that may be achieved through energy efficiency projects and the cost and performance of currently available energy systems.
16.847(9)(d)
(d) The department shall establish a pilot program to intensively monitor energy use in selected state facilities to determine the optimal level of monitoring required to do all of the following:
16.847(9)(d)1.
1. Plan and measure energy savings from energy efficiency improvements.
16.847(9)(d)2.
2. Maintain and operate energy systems as efficiently as possible.
16.848
16.848
Energy savings performance contracting. 16.848(1)(b)
(b) "Energy conservation measure" means a facility alteration or training, service or operations program designed to reduce energy consumption or operating costs or ensure state or local building code compliance.
16.848(1)(c)
(c) "Performance contract" means a contract for the evaluation and recommendation of energy conservation and facility improvement measures, and for the implementation of one or more such measures.
16.848(1)(d)
(d) "Qualified provider" means 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.
16.848(2)(a)(a) Any agency may, in accordance with this section, enter into a performance contract under
subch. IV with a qualified provider to reduce energy or operating costs, ensure state or local building code compliance or enhance the protection of property of the agency.
16.848(2)(b)
(b) Prior to entering into a performance contract for the implementation of any energy conservation or facility improvement measure, an agency shall obtain a report from a qualified provider containing recommendations concerning the amount the agency should spend on energy conservation and facility improvement measures. The report shall contain estimates of all costs of installation, modifications, or remodeling, including costs of design, engineering, maintenance, repairs and financing. In addition, the report shall contain a guarantee specifying a minimum amount by which energy or operating costs of the agency will be reduced, if the installation, modification or remodeling is performed by that qualified provider.
16.848(2)(c)
(c) If, after review of the report under
par. (b), the agency finds that the amount it would spend on the energy conservation and facility improvement measures recommended in the report is not likely to exceed the amount to be saved in energy and operation costs over the remaining useful life of the facility to which the measures apply, the agency may enter into the contract.
16.848(3)
(3) Notice. Before entering into a performance contract under this section, an agency shall publish a class 1 notice of its intent to award the performance contract, the names of the parties to the proposed performance contract, and a description of the energy conservation and facility improvement measures included in the performance contract.
16.848(4)
(4) Instalment payment and lease-purchase agreements. An agency may enter into an instalment payment contract or lease-purchase agreement for the purchase and installation of energy conservation or facility improvement measures.
16.848(5)
(5) Payment schedule; savings. Each performance contract shall provide that all payments, except obligations on termination of the contract before its expiration, shall be made over time as energy savings are achieved. Energy savings shall be guaranteed by the qualified provider for the entire term of the performance contract.
16.848(6)
(6) Terms of contracts. A performance contract may extend beyond the fiscal year in which it becomes effective, subject to appropriation of moneys, if required by law, for costs incurred in future fiscal years.
16.848(7)
(7) Allocation of obligations. Subject to appropriations as provided in
sub. (6), each agency shall allocate sufficient moneys from its appropriations for each fiscal year to make payment of any amounts payable by the agency under performance contracts during that fiscal year.
16.848(8)
(8) Bonds. Each qualified provider under a performance contract shall provide labor and material payment and performance bonds in an amount equivalent to the maximum amount of any payments due under the contract.
16.848(9)
(9) Use of moneys. Unless otherwise provided by law, if an agency receives appropriations designated for operating and capital expenditures, the agency may use moneys designated for operating or capital expenditures to make payments under any performance contract, including instalment payments or payments under lease-purchase agreements.
16.848(10)
(10) Monitoring; reports. During the entire term of each performance contract, the qualified provider entering into the contract shall monitor the reductions in energy consumption and cost savings attributable to the energy conservation and facility improvement measures installed under the contract, and shall periodically prepare and provide a report to the agency entering into the contract documenting the reductions in energy consumption and cost savings to the agency.
16.848(11)
(11) Energy conservation measures. Energy conservation measures under this section may include the following:
16.848(11)(a)
(a) Insulation of a building structure or systems within a building.
16.848(11)(b)
(b) Storm windows or doors, caulking or weather stripping, multiglazed windows or doors, heat-absorbing or heat-reflective glazed and coated window or door systems, additional glazing, reductions in glass area, or other window and door system modifications that reduce energy consumption.
16.848(11)(c)
(c) Automated or computerized energy control and facility management systems or computerized maintenance management systems.
16.848(11)(d)
(d) Heating, ventilating or air conditioning system modifications or replacements.
16.848(11)(e)
(e) Replacement or modification of lighting fixtures to increase the energy efficiency of the lighting system without increasing the overall illumination of a facility, unless an increase in illumination is necessary to conform to the applicable state or local building code for the lighting system after the proposed modifications are made.
16.848(11)(h)
(h) Cogeneration systems that produce steam or forms of energy such as heat, as well as electricity, for use primarily within a building or complex of buildings.
16.848(11)(j)
(j) Any other facility improvement measure that is designed to provide long-term energy or operating cost reductions or compliance with state or local building codes.
16.848 History
History: 1995 a. 27.
ENGINEERING
16.85
16.85
Department of administration; powers, duties. The department of administration shall exercise the powers and duties prescribed by
ss. 16.85 to
16.91:
16.85(1)
(1) To take charge of and supervise all engineering or architectural services or construction work as defined in
s. 16.87 performed by, or for, the state, or any department, board, institution, commission or officer thereof, including nonprofit-sharing corporations organized for the purpose of assisting the state in the construction and acquisition of new buildings or improvements and additions to existing buildings as contemplated under
ss. 13.488,
36.09 and
36.11, except the engineering, architectural and construction work of the department of transportation, the engineering service performed by the department of commerce, department of revenue, public service commission, department of health and family services and other departments, boards and commissions when the service is not related to the maintenance, construction and planning of the physical properties of the state, and energy efficiency projects of the energy efficiency program under
s. 16.847. The department shall not authorize construction work for any state office facility in the city of Madison after May 11, 1990, unless the department first provides suitable space for a day care center primarily for use by children of state employes.
16.85(2)
(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
ch. 231,
233 or
234.
16.85(3)
(3) To act and assist any department, board, commission or officer requesting such cooperation and assistance, in letting contracts for engineering or architectural work authorized by law and in supervising the work done thereunder;
16.85(4)
(4) To approve the appointment of a chief operating engineer for each state-owned or operated heating, cooling or power plant and pumping station, to provide for the methods of operating the plants and stations and to design records and forms for reporting accurately the cost per unit of product or service. The superintendent or other person having charge of each plant or station shall not only report to the agency which operates the plant or station but to the secretary in the manner and at such times as the secretary determines. In this subsection, "agency" has the meaning given under
sub. (2).
