LRB-0887/3
JTK:kjf&jld:jf
2003 - 2004 LEGISLATURE
April 9, 2003 - Introduced by Senators Cowles, Schultz, Hansen, Risser and
Wirch, cosponsored by Representatives Van Roy, Miller, Black, Plouff,
Cullen, Berceau, Pocan
and Lassa. Referred to Committee on Energy and
Utilities.
SB111,1,3 1An Act to create 16.855 (10s) and 20.924 (1) (j) of the statutes; relating to: the
2energy efficiency of equipment used in state building projects and certain other
3projects constructed for the state and granting rule-making authority.
Analysis by the Legislative Reference Bureau
This bill directs the Department of Administration (DOA) to prescribe and
revise as necessary energy efficiency standards for equipment installed under state
construction projects. The standards must at all times meet or exceed current
applicable guidelines of the U.S. Environmental Protection Agency relating to
energy efficiency of heating, ventilation, air conditioning, water heating or cooling,
lighting, refrigeration and other energy-consuming functions (for example, the
"energy star" program), guidelines that apply to the federal energy management
program for federal energy consumption, standards established by the American
Society of Heating, Refrigerating and Air-Conditioning Engineers, and the
Illuminating Engineering Society of North America lighting standard.
The bill also requires DOA to ensure that specifications for any
energy-consuming equipment that is installed as a component of these construction
projects meet the applicable standards prescribed by DOA. Under the bill, if there
is no standard applicable to the type of equipment being installed as a component of
a project, DOA is required to ensure that the equipment that is selected for
installation maximizes energy efficiency to the extent technically and economically
feasible. The bill provides that the energy efficiency of equipment shall be considered
to be economically feasible if the difference between the cost of the purchase and

installation of energy-efficient equipment and the equipment that would otherwise
be installed is not greater than the difference between the cost of operating
energy-efficient equipment and the equipment that would otherwise be installed
over the anticipated life of the equipment. In addition, the bill provides that the
Building Commission may not enter into a lease or other contract that provides for
construction of a building, structure, or facility to be initially occupied by the state
and that contains an option for the state to purchase the building, structure, or
facility unless all energy-consuming equipment to be installed meets applicable
requirements for state-constructed buildings, structures, and facilities.
For further information see the state 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:
SB111, s. 1 1Section 1. 16.855 (10s) of the statutes is created to read:
SB111,2,112 16.855 (10s) (a) The department shall, by rule, prescribe and revise as
3necessary energy efficiency standards for equipment that is installed as a component
4of a construction project and that relates to heating, ventilation, air conditioning,
5water heating or cooling, lighting, refrigeration, or any other function that consumes
6energy. The standards shall at all times meet or exceed current applicable guidelines
7of the U.S. Environmental Protection Agency relating to energy efficiency of the
8functions specified in this paragraph, guidelines that apply to the federal energy
9management program under 42 USC 8251 et seq., standards established by the
10American Society of Heating, Refrigerating and Air-Conditioning Engineers and the
11Illuminating Engineering Society of North America lighting standard.
SB111,3,1712 (b) For each proposed construction project, the department shall ensure that
13the specifications require that any equipment installed as a component of the project
14for heating, ventilation, air conditioning, water heating or cooling, lighting,
15refrigeration, or any other function that consumes energy meets applicable
16standards established under par. (a). If there is no standard under par. (a) applicable

1to the type of equipment being installed as a component of a project or if the
2equipment meeting that standard is not reasonably available, the department shall
3ensure that all aspects of the building, structure, or facility that affect energy
4consumption and all equipment that is selected for installation maximizes energy
5efficiency to the extent technically and economically feasible. The department shall
6not determine that equipment that meets the applicable standard under par. (a) is
7not reasonably available on the basis of cost alone unless the difference in the cost
8of the purchase and installation of the equipment that meets the standard and the
9equipment that would otherwise be installed is greater than the difference in the cost
10of operating the equipment that meets the standard and the equipment that would
11otherwise be installed over the anticipated life of the equipment. The energy
12efficiency of equipment shall be considered to be economically feasible if the
13difference between the cost of the purchase and installation of energy-efficient
14equipment and the equipment that would otherwise be installed is not greater than
15the difference between the cost of operating energy-efficient equipment and the
16equipment that would otherwise be installed over the anticipated life of the
17equipment.
SB111, s. 2 18Section 2. 20.924 (1) (j) of the statutes is created to read:
SB111,3,2519 20.924 (1) (j) Shall not enter into any lease or other contract that provides for
20the construction of any building, structure, or facility, or portion thereof, for initial
21occupancy by the state and that contains an option for the state to purchase the
22building, structure, or facility unless the seller or lessor agrees that all equipment
23to be installed as a component of the building, structure, or facility that relates to any
24function that consumes energy meets applicable requirements for state building
25projects under s. 16.855 (10s).
SB111, s. 3
1Section 3. Initial applicability.
SB111,4,62 (1) This act first applies with respect to bids for construction work that are
3solicited on the effective date of this subsection or, in relation to construction work
4for which bids are not solicited, with respect to contracts for construction work or
5leases or other contracts providing for construction work that are entered into on the
6effective date of this subsection.
SB111, s. 4 7Section 4. Effective date.
SB111,4,8 8(1) This act takes effect on January 1, 2005.
SB111,4,99 (End)
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