LRB-3485/4
JTK/RNK/PG/MES:cjs&nwn:md
2009 - 2010 LEGISLATURE
March 11, 2010 - Introduced by Representatives Molepske Jr., Mason, Pasch, Roys,
Pope-Roberts, Milroy, Sinicki
and Berceau, cosponsored by Senators Risser
and Schultz. Referred to Committee on Jobs, the Economy and Small
Business.
AB843,1,11 1An Act to renumber and amend 13.48 (15) and 101.025 (4) (intro.); to amend
216.84 (5), 101.027 (2), 101.027 (3) (a) 1., 101.027 (3) (b) 1., 101.05 (1) and (3),
3101.65 (1) (a) (intro.) and 119.04 (1); and to create 13.48 (2) (jm), 13.48 (15) (b),
416.85 (3m), 16.856, 20.255 (2) (ed), 66.0902, 101.02 (23), 101.025 (4) (ar),
5101.028, 120.24 and 145.133 of the statutes; relating to: energy conservation
6standards for the construction of certain buildings, energy and environmental
7design standards for state buildings, structures, and facilities, energy and
8environmental design standards for school district facilities and other local
9government buildings, leasing of state buildings, structures, and facilities,
10standards for the construction and use of graywater systems, granting
11rule-making authority, and making an appropriation.
Analysis by the Legislative Reference Bureau
Currently, with certain exceptions, the Department of Administration (DOA)
must ensure that the specifications for each state construction project require the use
of recovered and recycled materials to the extent that such use is technically and
economically feasible. With certain exceptions, DOA must also prescribe and enforce

energy efficiency standards for energy consuming equipment that is installed in
connection with state construction projects. The standards must meet or exceed
specified statutory standards. The Building Commission must also apply these
standards when entering into certain leases on behalf of the state. Current law also
requires the commission to employ a design for cogeneration of steam and electricity
in state-owned central steam generating facilities unless the commission
determines that such a design is not cost-effective and technically feasible.
Currently, the commission must also ensure that state-operated steam generating
facilities are designed to allow the use of biomass fuels and refuse-derived fuels to
the greatest extent cost-effective and technically feasible. In addition, under
current law, the commission is prohibited from approving the construction or major
remodeling of or addition to any state building or structure unless the building or
structure makes maximum practical use of passive solar energy system design
elements and, unless not technically or economically feasible, incorporates an active
solar energy system or photovoltaic solar energy system or other renewable energy
system.
This bill directs DOA and the Building Commission to ensure that the plans
and specifications for each major state construction project (each project for the
construction of any new state building, structure, or facility containing at least
10,000 gross square feet of conditioned space, or for the repair, renewal, or
renovation, of any existing building, structure, or facility for occupancy by any state
entity if the building, structure, or facility contains at least 10,000 gross square feet
of conditioned space and the project affects more than 50 percent of the existing gross
square feet of conditioned space in the building, structure, or facility, or for the
expansion of an existing state building, structure, or facility to add at least 10,000
gross square feet of conditioned space) conform at a minimum to the requirements
under the LEED Green Building Rating System at the silver performance level, as
prescribed by the Department of Commerce (Commerce) based upon the standards
of the U.S. Green Building Council. Upon completion of a major state construction
project, the bill directs DOA to obtain certification by the U.S. Green Building
Council that the project conforms at a minimum to the requirements for certification
at the LEED silver level. The bill also directs DOA and the Building Commission to
ensure that each such building, structure, or facility conforms to specific standards
specified by Commerce that are derived from various national and international
building codes for energy performance, ventilation components, indoor air quality
performance, and water usage level. The bill also directs DOA and the commission
to ensure that each project to construct such a building, structure, or facility for the
state shall conform to specified requirements for recycling of construction waste and
demolition materials. In addition, the bill directs the commission to enforce
compliance with the bill's requirements with respect to all major construction
projects whenever the buildings, structures, or facilities being constructed are
purchased by the state under a purchase agreement or whenever construction,
repair, renewal, renovation, or expansion of a building, structure, or facility is
performed for the state under a lease agreement with option to purchase.

The bill also directs the Building Commission to apply all moneys available for
its use under the Authorized State Building Program to achieve certification as of
January 1, 2015, by the U.S. Green Building Council for not less than 15 percent of
the gross square footage of conditioned space owned or leased by state agencies, as
determined by DOA, as conforming at a minimum to the LEED energy performance
requirements for the operation and maintenance of existing buildings. In addition,
the bill directs DOA to promulgate rules that require the Building Commission to
continue to apply all moneys available for its use under the Authorized State
Building Program during the period from January 1, 2015, to January 1, 2030, to
achieve certification by the U.S. Green Building Council for greater percentages of
the gross square footage of conditioned space owned or leased by state agencies as
meeting minimum LEED performance requirements for the operation and
maintenance of existing buildings by specified dates.
Currently, DOA has responsibility for the negotiation and administration of
leases of real property by this state, except as otherwise provided by law. The
Building Commission has authority to approve leases of real property by the state,
except as otherwise provided by law. This bill directs DOA, before entering into any
lease, or renewing or extending any lease, for improved real property to be used by
a state agency, to require the prospective lessor to disclose the energy use intensity
for the total property and the annual energy usage for the total property, calculated
in accordance with Energy Star standards, as determined by Commerce, and to
verify and forward that information to the Building Commission. The bill directs
DOA to require other state agencies that have authority to enter into leases for
improved real property to obtain and forward the same information to the Building
Commission before entering into, or renewing or extending, any lease for real
property. The bill then prohibits the Building Commission from approving any lease
for improved real property to be used by this state containing at least 10,000 square
feet of conditioned space unless DOA certifies to the commission that the energy use
intensity for the total property and the annual energy usage for the total property
conform to Energy Star standards at a level sufficient to conform at a minimum to
the threshold for compliance with the LEED Green Building Rating System for
existing buildings-operation and maintenance performance requirements, as
determined by Commerce. The bill directs the Building Commission to obtain
certification by the U.S. Green Building Council that any such property conforms at
a minimum to the requirements for certification at the LEED silver level. The bill
directs the Building Commission to require other state agencies that have authority
to enter into leases for improved real property, to certify to the commission, before
entering into, or renewing or extending, any lease for real property to be used by this
state, that the energy use intensity for the total property and the annual energy
usage for the total property conform to the same standards.
The bill also requires DOA, with limited exceptions, to ensure that major state
buildings, structures, and facilities that are constructed by or for the state conform
to specified energy performance standards at increasingly stringent levels by
specified dates beginning on the first day of the 7th month beginning after the day
the act resulting from the bill becomes law and ending on January 1, 2030, by which

date all major state buildings, structures, and facilities that are constructed by or for
the state must achieve a zero net energy level of energy performance. In addition,
the bill directs DOA to report annually to the governor and the Building Commission
concerning the percentage level of adherence to the requirements imposed upon
DOA under the bill that become effective on a date later than the end of the preceding
year and the percentage level of adherence to the requirement imposed upon the
Building Commission to apply all moneys available to the commission to achieve
certification for at least 15 percent of conditioned space in existing owned or leased
state buildings, structures, or facilities as conforming at a minimum to the LEED
energy performance standards specified in the bill.
Under current law, Commerce is required to promulgate an energy
conservation code that sets design requirements for construction and equipment for
the purpose of energy conservation in public buildings and places of employment.
Commerce must consider incorporating into the energy conservation code design
requirements from the most current national energy efficiency design standards,
including the International Energy Conservation Code (IECC) or another energy
efficiency code that is generally accepted and used by engineers and the construction
industry. Current law requires that Commerce review the code on a regular basis,
including whenever there is a revision of the IECC, and update the code accordingly.
This bill requires Commerce to incorporate into the energy conservation code
a standard that is based upon a specific standard of the American Society of Heating,
Refrigerating and Air Conditioning Engineers (ASHRAE) and eliminates the
requirement to use other standards specified under current law. As with the revision
requirements under current law, the bill requires Commerce to update the code
whenever the ASHRAE standard is revised.
Current law also requires Commerce to promulgate rules for ventilation
systems in public buildings and places of employment. This bill requires Commerce
to incorporate a specific ASHRAE standard into those rules and to update the rules
when the standard is revised.
Under current law, a city, village, town, or county may exercise jurisdiction over
the construction of new dwellings by passing an ordinance, provided that the
ordinance meets the requirements of the one- and two-family dwelling code under
current law, this bill provides that such an ordinance may exceed the requirements
of that code as they relate to energy conservation in the construction of new
dwellings.
This bill authorizes Commerce to promulgate rules that establish standards for
the installation of graywater and rainwater systems and that authorize the reuse of
graywater and rainwater within the building, or on the property surrounding the
building, from which the graywater or rainwater was generated. Under the bill,
graywater is defined as wastewater generated from the use of a clothes washer, sink,
shower, or bathtub.
This bill also imposes on a political subdivision (any city, village, town, or
county) certain requirements for a major construction project. Under the bill, a
major construction project means a project for the construction of a public building
by or for a political subdivision that will contain at least 10,000 gross square feet of

office space, or for the repair, renewal, or renovation of an existing public building
that contains such space if the repair, renewal, renovation, or expansion affects more
than 50 percent of the existing building, or for the expansion of an existing public
building that adds at least 10,000 gross square feet of such space. The requirements
imposed on a political subdivision under the bill are based on the requirements that
the bill imposes on DOA and the Building Commission for a major state construction
project.
The bill requires a political subdivision to ensure that the plans and
specifications for each major construction project conform at a minimum to the
requirements for certification at the silver performance level under the LEED Green
Building Rating System, as prescribed by Commerce and based on the standards of
the U.S. Green Building Council, and 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 that apply to a major state construction project of DOA and the
Building Commission. Upon completion of a major construction project, the bill
requires a political subdivision to obtain certification from the U.S. Green Building
Council that the project meets at least the minimum standards for certification at
the LEED silver level.
This bill imposes similar requirements for major construction projects of school
districts. Each school board must ensure that the plans and specifications for each
major construction project conform at a minimum to the requirements of the LEED
Green Building Rating System at the silver performance level, as prescribed by
Commerce. Upon the request of a school district, the state must pay all necessary
LEED registration and certification fees on behalf of the school district. Upon
completion of a major construction project, a school district must obtain certification
from the U.S. Green Building Council that the project conforms at a minimum to the
standards for certification at the LEED silver level. The bill also directs each school
board to 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 standards specified
by Commerce that are derived from various national and international building
codes.
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:
AB843, s. 1 1Section 1. 13.48 (2) (jm) of the statutes is created to read:
AB843,5,32 13.48 (2) (jm) 1. In this paragraph, "conditioned space" means space that is
3designed to have controlled environmental conditions.
AB843,6,12
12. The building commission shall not approve the design or construction of any
2project for the construction of any building, structure, or facility for a board, agency,
3officer, department, commission, or body corporate, if the building, structure, or
4facility after construction will contain at least 10,000 gross square feet of conditioned
5space for occupancy by any such entity, or of any project for the repair, renewal,
6renovation, or expansion of any existing building, structure, or facility for occupancy
7by any such entity if the building, structure, or facility contains at least 10,000 gross
8square feet of conditioned space and the project affects more than 50 percent of the
9existing gross square feet of conditioned space in the building, structure, or facility,
10regardless of the funding source of the project, unless the department of
11administration verifies and certifies to the commission, after reviewing the plans
12and specifications, all of the following:
AB843,6,1513 a. That the project conforms at a minimum to the requirements under the
14LEED Green Building Rating System for certification at the silver level, as defined
15in s. 16.856 (1) (f), for construction projects.
AB843,6,2116 b. That the energy performance for the project is at least 30 percent better than
17the performance standard prescribed by the department of commerce under s.
18101.028 based upon standard 90.1-2007 of the American Society of Heating,
19Refrigerating and Air Conditioning Engineers or its most current equivalent, as
20documented by energy modeling and certified in writing by the chief engineer for the
21project.
AB843,7,222 c. That at least 75 percent of the construction materials delivered to the project
23site but not used in the project and the demolition materials from any demolition
24required to undertake the project are recycled in the project or transferred to a 3rd

1party for recycling as a part of another construction project for an agency, as defined
2in s. 16.70 (1e), or a local governmental unit, as defined in s. 19.42 (7u).
AB843,7,73 d. That the ventilation components for the project are strictly in conformity
4with standards prescribed by the department of commerce under s. 101.028 based
5upon standard 62.1-2004 of the American Society of Heating, Refrigerating, and Air
6Conditioning Engineers, and the chief engineer for the project certifies in writing
7that no exemptions from strict conformity with that standard have been authorized.
AB843,7,188 e. That the project has an indoor air quality management plan that addresses
9adherence to the heating, ventilation, and air conditioning performance standards
10for the project, source control that ensures use of low emission materials and
11finishes, pathway interruption to prevent migration of contaminants during the
12construction process, housekeeping procedures to prevent the spread and growth of
13contaminants during the construction process, and construction activity scheduling
14to prevent cross contamination of materials used in the project during the
15construction process. The plan shall be consistent at a minimum with standards
16promulgated by the department of commerce under s. 101.028 based upon indoor air
17quality guidelines for occupied building of the Sheet Metal and Air Conditioning
18Contractors' National Association, 2nd edition, 2007.
AB843,8,319 f. That the project upon completion will attain a level of interior water use no
20greater than 30 percent below the interior water use baseline, as determined by the
21department of administration in accordance with the LEED Green Building Rating
22System, as defined in s. 16.856 (1) (e) assuming that 100 percent of the indoor
23plumbing fixtures used in the project are in compliance with standards promulgated
24by the department of commerce under s. 101.028 based upon the strictest applicable
25standard under the Uniform Plumbing Codes-2006 promulgated by the

1International Association of Plumbing and Mechanical Officials or the International
2Plumbing Codes-2006 fixture and fitting performance requirements promulgated
3by the International Code Council.
AB843,8,204 3. The building commission shall not enter into an agreement for the purchase
5of or for the lease of, or renewal of a lease of, with option to purchase, any building,
6structure, or facility that is constructed or to be constructed for occupancy by any
7board, agency, officer, department, commission, or body corporate, if the building,
8structure, or facility after construction will contain at least 10,000 gross square feet
9of conditioned space for occupancy by any such entity, or any building, structure, or
10facility that is to be repaired, renewed, renovated, or expanded for occupancy by any
11such entity if the building, structure, or facility contains at least 10,000 gross square
12feet of conditioned space and the repair, renewal, renovation, or expansion affects
13more than 50 percent of the existing gross square feet of conditioned space in the
14building, structure, or facility, regardless of the funding source of the agreement,
15unless the department of administration verifies and certifies that the building,
16structure, or facility conforms or will after construction, repair, renewal, renovation
17or expansion conform to all of the standards specified in subd. 2. The building
18commission shall obtain certification by the U.S. Green Building Council that the
19building, structure, or facility conforms at a minimum to the requirements for
20certification at the LEED silver level.
AB843,9,321 4. The building commission shall apply all moneys available for its use under
22the authorized state building program to achieve certification as of January 1, 2015,
23by the U.S. Green Building Council for not less than 15 percent of the total gross
24square footage of conditioned space in buildings, structures, and facilities that are
25owned or leased by agencies on that date, as determined by the department of

1administration under s. 16.856 (3), as conforming at a minimum to LEED
2performance requirements for the operation and maintenance of existing buildings,
3as defined in s. 16.856 (1) (h).
AB843,9,124 5. The building commission shall apply all moneys available for its use under
5the authorized state building program to achieve certification by the dates specified
6by rule of the department of administration under s. 16.856 (6) by the U.S. Green
7Building Council for not less than the percentages specified by that rule of the total
8gross square footage of conditioned space in buildings, structures, and facilities that
9are owned or leased by agencies on the dates specified by that rule, as determined
10by the department of administration under s. 16.856 (3), for meeting at a minimum
11the LEED performance requirements for the operation and maintenance of existing
12buildings, as defined in s. 16.856 (1) (h).
AB843, s. 2 13Section 2. 13.48 (15) of the statutes is renumbered 13.48 (15) (a) and amended
14to read:
AB843,9,1715 13.48 (15) (a) Subject to the requirements of par. (b) and s. 20.924 (1) (i), the
16building commission shall have the authority to acquire leasehold interests in land
17and buildings where such authority is not otherwise provided to an agency by law.
AB843, s. 3 18Section 3. 13.48 (15) (b) of the statutes is created to read:
AB843,9,2519 13.48 (15) (b) The building commission shall not approve the leasing of, or the
20renewal or extension of any lease for, property for use by this state unless the
21department of administration has certified to the commission that the energy use
22intensity for the total property and the annual energy usage for the total property
23conform to standards promulgated by the department of commerce under s. 101.028
24based upon Energy Star standards consistent with the minimum LEED performance
25requirements for the operation and maintenance of existing buildings. The

1commission shall also require other agencies, as defined in s. 16.70 (1e), that have
2authority to lease improved real property, to certify to the commission, before
3entering into, or renewing or extending, any lease of real property, that the energy
4use intensity for the total property and the annual energy usage for the total property
5conform to the same standards.
AB843, s. 4 6Section 4. 16.84 (5) of the statutes is amended to read:
AB843,11,57 16.84 (5) Have responsibility, subject to approval of the governor, for all
8functions relating to the leasing, acquisition, allocation and utilization of all real
9property by the state, except where such responsibility is otherwise provided by the
10statutes. In this connection, the Prior to entering into any lease, or renewing or
11extending any lease, for property to be used by this state, the department shall
12require the prospective lessor to disclose the energy use intensity for the total
13property, measured on a square foot basis, and the annual energy usage for the total
14property, calculated in accordance with standards promulgated by the department
15of commerce under s. 101.028 based upon Energy Star standards, as defined in s.
1613.48 (15) (b), consistent with the minimum LEED performance requirements for the
17operation and maintenance of existing buildings, as defined in s. 16.856 (1) (h). The
18department shall verify and certify this information to the building commission
19before the commission considers approval of the lease, or the renewal or extension
20of the lease. The department shall also require other agencies, as defined in s. 16.70
21(1e), that have authority to enter into leases for real property to obtain, verify, and
22certify the same information to the commission before entering into any lease, or
23renewing or extending any lease, for property to be used by those agencies. The

24department shall, with the governor's approval, require physical consolidation of
25office space utilized by any executive branch agency having fewer than 50 authorized

1full-time equivalent positions with office space utilized by another executive branch
2agency, whenever feasible. The department shall lease or acquire office space for
3legislative offices or legislative service agencies at the direction of the joint
4committee on legislative organization. In this subsection, "executive branch agency"
5has the meaning given in s. 16.70 (4).
AB843, s. 5 6Section 5. 16.85 (3m) of the statutes is created to read:
AB843,11,87 16.85 (3m) To appoint or approve the appointment of a chief engineer for each
8major construction project, as defined in s. 16.856 (1) (g).
AB843, s. 6 9Section 6. 16.856 of the statutes is created to read:
AB843,11,11 1016.856 Energy and environmental design standards for certain state
11buildings, structures, and facilities.
(1) In this section:
AB843,11,1212 (a) "Agency" has the meaning given in s. 16.70 (1e).
AB843,11,1613 (b) "ASHRAE standard" means the standard promulgated by the department
14of commerce under s. 101.028 based upon standard 90.1-2007 of the American
15Society of Heating, Refrigerating and Air Conditioning Engineers or its current
16equivalent as determined by the department of commerce under s. 101.028.
AB843,11,1817 (c) "Conditioned space" means space that is designed to have controlled
18environmental conditions.
AB843,11,2319 (d) "IECC standards" means the energy efficiency design standards
20promulgated by the department of commerce under s. 101.028 based upon the
21national energy efficiency design standards of the International Energy
22Conservation Code or their current equivalents as determined by the department of
23commerce under s. 101.028.
AB843,12,224 (e) "LEED Green Building Rating System" means the green building rating
25system of the U.S. Green Building Council designated as the leadership in energy

1and environmental design system or its current equivalent as determined by the
2department of commerce under s. 101.028.
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