AB737: Bill Text

AB737,13,21 (4) Except as provided in sub. (5), the department shall ensure that each building, structure, or facility constructed, repaired, renewed, renovated, or expanded by or for the state that is a major construction project conforms to whichever of the following energy performance standards applies, based upon the year in which construction, repair, renewal, renovation, or expansion of the building, structure, or facility begins:

AB737,14,2 (a) For a building, structure, or facility the construction, repair, renewal, renovation, or expansion of which begins on or after the first day of the 7th month beginning after the effective date of this paragraph .... [LRB inserts date], but before January 1, 2017, the energy performance shall be at least 30 percent better than the energy performance under the ASHRAE standard or the IECC standards, whichever is the most stringent.

AB737,14,7 (b) For a building, structure, or facility the construction, repair, renewal, renovation, or expansion of which begins after December 31, 2016, but before January 1, 2022, the energy performance shall be at least 70 percent better than the performance under the ASHRAE standard or the IECC standards, whichever is the most stringent.

AB737,14,12 (c) For a building, structure, or facility the construction, repair, renewal, renovation, or expansion of which begins after December 31, 2021, but before January 1, 2027, the energy performance shall be at least 80 percent better than the energy performance under the ASHRAE standard or the IECC standards, whichever is the most stringent.

AB737,14,17 (d) For a building, structure, or facility the construction, repair, renewal, renovation, or expansion of which begins after December 31, 2026, but before January 1, 2032, the energy performance shall be at least 90 percent better than the energy performance under the ASHRAE standard or the IECC standards, whichever is the most stringent.

AB737,14,22 (e) For a building, structure, or facility the construction, repair, renewal, renovation, or expansion of which begins after December 31, 2031, the energy performance shall be 100 percent better than the energy performance under the ASHRAE standard or the IECC standards, whichever is more stringent, and the building, structure, or facility shall consume zero net energy.

AB737,15,2 (5) Subsection (4) does not apply to the gross square footage of enclosed space of any building, structure, or facility that is dedicated for laboratory usage if the ventilation requirements for that gross square footage do not permit compliance with sub. (4) in that area.

AB737,15,10 (6) The department shall assess the feasibility of achieving certification by the U.S. Green Building Council for greater than 15 percent of the total gross square footage of conditioned space in buildings, structures, and facilities that are owned or leased by agencies, as determined under sub. (3), as conforming at a minimum to LEED performance requirements for the operation and maintenance of existing buildings and shall, by rule, specify, for purposes of s. 13.48 (2) (jm) 5., increased levels of certification and dates during the period from January 1, 2017, to January 1, 2032, by which those increased levels are to be achieved.

AB737,15,16 (7) Annually no later than March 31, the department shall report to the governor and the building commission concerning the percentage level of adherence as of the preceding December 31 to each of the requirements under s. 13.48 (2) (jm) and this section that become effective on a date following that December 31 and the percentage level of adherence as of the preceding December 31 to the applicable requirement under s. 13.48 (2) (jm) 4. or 5.

AB737, s. 7 Section 7. 66.0902 of the statutes is created to read:

AB737,15,19 66.0902 Energy and environmental design standards for political subdivision facilities. (1) In this section:

AB737,15,21 (a) "Conditioned space" means space that is designated to have controlled environmental conditions.

AB737,15,22 (b) "LEED silver level" has the meaning given in s. 16.856 (1) (f).

AB737,16,6 (c) "Major construction project" means a project for the construction of a public building by or for a political subdivision that will, upon completion of the project, contain at least 10,000 gross square feet of conditioned space, or for the renovation of an existing public building by or for a political subdivision containing at least 10,000 gross square feet of conditioned space that affects more than 50 percent of the existing gross square feet of conditioned space in that building, or for the expansion of, or addition to, an existing public building by or for a political subdivision that adds conditioned space that is equal in size to at least 50 percent of the gross square feet of the existing building.

AB737,16,7 (d) "Political subdivision" means any city, village, town, or county.

AB737,16,14 (2) A political subdivision shall ensure that the plans and specifications for each major construction project conform at a minimum to the requirements for certification at the LEED silver level. The political subdivision shall also ensure that the energy performance, use and disposal of construction and demolition materials, ventilation components, indoor air quality performance, and water usage level for each major construction project conform to the standards specified s. 13.48 (2) (jm) 2.

AB737, s. 8 Section 8. 101.02 (25) of the statutes is created to read:

AB737,16,16 101.02 (25) (a) In this subsection:

AB737,16,18 1. "International Green Construction Code" means Public Version 1.0, or its current equivalent, of the International Green Construction Code.

AB737,16,22 2. "Standard 189.1" means standard 189.1-2009, or its current equivalent, developed by the American Society of Heating, Refrigerating and Air-Conditioning Engineers in conjunction with the U.S. Green Building Council and the Illuminating Engineering Society.

AB737,17,9 (b) The department may promulgate rules that establish building and design requirements for public buildings and places of employment that are based upon standard 189.1 or that are based upon the International Green Construction Code. If the department promulgates rules under this subsection that are based on standard 189.1, the department shall review the rules whenever a revision of standard 189.1 is published. If the department promulgates rules under this subsection that are based on the International Green Construction Code, the department shall review the rules whenever a revision of the International Green Construction Code is published. The department shall complete its review of the rules and submit to the legislature proposed rules changing the requirements no later than 18 months after the date on which the revision of the standard or code is published.

AB737, s. 9 Section 9. 101.025 (4) of the statutes is renumbered 101.025 (4) (ag), and 101.025 (4) (ag) (intro.), as renumbered, is amended to read:

AB737,17,16 101.025 (4) (ag) (intro.) For ventilation systems in public buildings and places of employment, the department shall adopt promulgate rules setting that incorporate standard 62.1-2007, or its current equivalent, of the American Society of Heating, Refrigerating and Air Conditioning Engineers and that set all of the following:

AB737, s. 10 Section 10. 101.025 (4) (ar) of the statutes is created to read:

AB737,17,23 101.025 (4) (ar) The department shall review the rules promulgated under par. (ag) whenever a revision of standard 62.1-2007, or its current equivalent, of the American Society of Heating, Refrigerating and Air Conditioning Engineers, is published. The department shall complete its review of the rules and submit to the legislature a proposed rule changing the rules no later than 18 months after the date on which the revision of the standard is published.

AB737, s. 11 Section 11. 101.027 (2) of the statutes is amended to read:

AB737,18,19 101.027 (2) The department shall review the energy conservation code and shall promulgate rules that change the requirements of the energy conservation code to improve energy conservation. No rule may be promulgated that has not taken into account the cost of the energy conservation code requirement, as changed by the rule, in relationship to the benefits derived from that requirement, including the reasonably foreseeable economic and environmental benefits to the state from any reduction in the use of imported fossil fuel. The proposed rules changing the energy conservation code shall be submitted to the legislature in the manner provided under s. 227.19. In conducting a review under this subsection, the department shall consider incorporating incorporate, into the energy conservation code, design requirements from standard 90.1-2007, or its current equivalent, of the most current national energy efficiency design standards, including the International Energy Conservation Code or an energy efficiency code other than the International Energy Conservation Code if that energy efficiency code is used to prescribe design requirements for the purpose of conserving energy in buildings and is generally accepted and used by engineers and the construction industry American Society of Heating, Refrigerating and Air Conditioning Engineers or energy efficiency design requirements from the International Energy Conservation Code, or its current equivalent, whichever standard or design requirement is more stringent.

AB737, s. 12 Section 12. 101.027 (3) (a) 1. of the statutes is amended to read:

AB737,18,24 101.027 (3) (a) 1. A revision of standard 90.1-2007, or its current equivalent, of the International Energy Conservation Code American Society of Heating, Refrigerating and Air Conditioning Engineers or a revision of the International Energy Conservation Code, or its current equivalent, is published.

AB737, s. 13 Section 13. 101.027 (3) (b) 1. of the statutes is amended to read:

AB737,19,9 101.027 (3) (b) 1. If the department begins a review under sub. (2) because a revision of standard 90.1-2007, or its current equivalent, of the International Energy Conservation Code American Society of Heating, Refrigerating and Air Conditioning Engineers is published, or because a revision of the International Energy Conservation Code, or its current equivalent, is published, the department shall complete its review of the energy conservation code, as defined in sub. (1), and submit to the legislature proposed rules changing the energy conservation code, as defined in sub. (1), no later than 18 months after the date on which the revision of the International Energy Conservation Code is published.

AB737, s. 14 Section 14. 101.028 of the statutes is created to read:

AB737,19,12 101.028 Energy performance and environmental design standards for certain public buildings, structures and facilities. (1) In this section:

AB737,19,14 (a) "Energy Star standards" means the standards prescribed by the U.S. Environmental Protection Agency under 42 USC 7403 (g) for energy use in buildings.

AB737,19,18 (b) "LEED Green Building Rating System" means the green building rating system of the U.S. Green Building Council designated as the leadership in energy and environmental design system or its current equivalent as determined by the department.

AB737,19,24 (c) "LEED silver level" means the performance level designated as the silver level under the LEED Green Building Rating System or its current equivalent as determined by the department, except that with respect to the use of wood-based materials and products certified by the Forest Stewardship Council, American Tree Farm System, or Sustainable Forest Initiative programs current certification is the equivalent of that performance level to the extent of any conflict.

AB737,20,5 (d) "Minimum LEED performance requirements for the operation and maintenance of existing buildings" means the performance requirements so designated under the LEED Green Building Rating System, as prescribed by the U.S. Green Building Council, or its current equivalent as determined by the department.

AB737,20,8 (e) "U.S. Green Building Council" means the United States Green Building Council or any successor organization that is substantially the same organization, as determined by the department.

AB737,20,13 (2) The department shall prescribe, by rule, standards for energy performance and environmental design in buildings, structures, and facilities which shall apply to the extent required under ss. 13.48 (2) and (15), 16.84 (5), 16.856, 66.0902, and 120.24. The standards shall be based upon the following standards or, if they are updated, their current equivalents:

AB737,20,14 (a) The LEED silver level for new building construction.

AB737,20,16 (b) Minimum LEED performance requirements for the operation and maintenance of existing buildings.

AB737,20,17 (c) Energy Star standards.

AB737,20,19 (d) Energy performance standard 90.1-2007 of the American Society of Heating, Refrigerating, and Air Conditioning Engineers.

AB737,20,21 (e) Standard 62.1-2004 of the American Society of Heating, Refrigerating, and Air Conditioning Engineers.

AB737,20,23 (f) National energy efficiency design standards of the International Energy Conservation Code adopted by the International Code Council-2006.

AB737,21,3 (i) Indoor air quality guidelines for occupied buildings promulgated by the Sheet Metal and Air Conditioning Contractors' National Association, 2nd edition, 2007.

AB737,21,8 (3) The department shall review a rule promulgated under sub. (2) whenever a revision of a standard on which the rule is based is published. The department shall complete its review of the rule and submit to the legislature a proposed rule changing the standard no later than 18 months after the date on which the revision of the standard is published.

AB737, s. 15 Section 15. 101.05 (1) and (3) of the statutes are amended to read:

AB737,21,13 101.05 (1) No Except for rules promulgated under s. 101.028, no building code adopted by the department under this chapter shall affect buildings located on research or laboratory farms of public universities or other state institutions and used primarily for housing livestock or other agricultural purposes.

AB737,21,16 (3) No Except for rules promulgated under s. 101.028, no standard, rule, code or regulation of the department under this subchapter applies to construction undertaken by the state for the purpose of renovation of the state capitol building.

AB737, s. 16 Section 16. 101.61 (1m) of the statutes is created to read:

AB737,21,21 101.61 (1m) "Generally accepted energy code" means energy design standards contained in an energy efficiency code that is generally accepted and used by architects, engineers, and the construction industry in the construction of one- and 2-family dwellings.

AB737, s. 17 Section 17. 101.63 (1g) of the statutes is created to read:

AB737,22,5 101.63 (1g) Promulgate rules that establish voluntary energy efficiency standards for the construction of one- and 2-family dwellings. The standards shall provide at least a 30 percent better energy efficiency benefit than the standards established by the department under rules promulgated under sub. (1). If the rules promulgated by the department under this subsection incorporate standards from a generally accepted energy code, the department shall revise the rules promulgated under this subsection not later than 18 months after the generally accepted energy code is revised.

AB737, s. 18 Section 18. 101.63 (1m) of the statutes is created to read:

AB737,22,10 101.63 (1m) Develop at least one descriptive term and one logo that the department may authorize to be used to identify one- and 2-family dwellings that meet the voluntary energy efficiency standards established in the rules promulgated by the department under sub. (1g).

AB737, s. 19 Section 19. 119.04 (1) of the statutes, as affected by 2011 Wisconsin Act 85, is amended to read:

AB737,22,22 119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c), 66.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343, 115.345, 115.365 (3), 115.38 (2), 115.445, 118.001 to 118.04, 118.045, 118.06, 118.07, 118.075, 118.076, 118.10, 118.12, 118.125 to 118.14, 118.145 (4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.164, 118.18, 118.19, 118.20, 118.223, 118.225, 118.24 (1), (2) (c) to (f), (6), (8), and (10), 118.245, 118.255, 118.258, 118.291, 118.292, 118.30 to 118.43, 118.46, 118.51, 118.52, 118.55, 120.12 (4m), (5), and (15) to (27), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34), (35), (37), (37m), and (38), 120.14, 120.21 (3), 120.24, and 120.25 are applicable to a 1st class city school district and board.

AB737, s. 20 Section 20. 120.24 of the statutes is created to read:

AB737,22,25 120.24 Energy performance and environmental design standards for school district facilities. (1) In this section:

AB737,23,1 (a) "Conditioned space" has the meaning given in s. 16.856 (1) (c).

AB737,23,2 (b) "LEED silver level" has the meaning given in s. 16.856 (1) (f).

AB737,23,9 (c) "Major construction project" means a project for the construction of a building that will, upon completion, contain at least 10,000 gross square feet of conditioned space, or for the renovation of an existing building containing at least 10,000 gross square feet of conditioned space that affects more than 50 percent of the existing gross square feet of conditioned space in that building, or for the expansion of, or addition to, an existing public building that adds conditioned space that is equal in size to at least 50 percent of the gross square feet of the existing building.

AB737,23,16 (2) Each school board shall ensure that the plans and specifications for each major construction project conform at a minimum to the requirements for certification at the LEED silver level. The school board shall also ensure that the energy performance, use and disposal of construction and demolition materials, ventilation components, indoor air quality performance, and water usage level for each major construction project conform to the standards specified s. 13.48 (2) (jm) 2.

AB737, s. 21 Section 21. 145.133 of the statutes is created to read:

AB737,23,18 145.133 Graywater systems. (1) In this section:

AB737,23,20 (a) "Graywater" means wastewater generated from the use of a clothes washer, sink, shower, or bathtub.

AB737,23,22 (b) "Graywater system" means a system for the collection and reuse of graywater.

AB737,23,24 (c) "Rainwater system" means a system for the collection and use of rainwater generated from building roofs.

AB737,24,5 (2) The department shall promulgate rules that establish standards for the installation of graywater and rainwater systems. The standards shall authorize the use of graywater and rainwater within the building, or on the property surrounding the building, from which the graywater was generated or the rainwater was collected.

AB737, s. 22 Section 22. Initial applicability.

AB737,24,9 (1) The treatment of section 13.48 (2) (jm) 2. and 3. of the statutes first applies with respect to projects approved and agreements entered into on the effective date of this subsection.

AB737,24,11 (2) The treatment of section 16.856 (2) of the statutes first applies with respect to projects for which design is commenced on the effective date of this subsection.

AB737,24,15 (3) The treatment of section 16.84 (5) of the statutes, the renumbering and amendment of section 13.48 (15) of the statutes, and the creation of section 13.48 (15) (b) of the statutes first apply with respect to leases of real property by the state that are entered into, renewed, or extended on the effective date of this subsection.

AB737,24,17 (4) The treatment of section 120.24 (2) of the statutes first applies with respect to projects for which design is commenced on the effective date of this subsection.

AB737,24,20 (5) The treatment of section 66.0902 (2) of the statutes first applies with respect to projects for which a request for proposal is issued by a political subdivision on the effective date of this subsection.

AB737,24,21 (End)