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816.848 Energy savings performance contracting. (1) Definitions. In this
9section:
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(a) "Agency" has the meaning given in s. 16.70 (1).
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(b) "Energy conservation measure" means a facility alteration or training,
12service or operations program designed to reduce energy consumption or operating
13costs or ensure state or local building code compliance.
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(c) "Performance contract" means a contract for the evaluation and
15recommendation of energy conservation and facility improvement measures, and for
16the implementation of one or more such measures.
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(d) "Qualified provider" means a person who is experienced in the design,
18implementation and installation of energy conservation and facility improvement
19measures and who has the ability to provide labor and material payment and
20performance bonds equal to the maximum amount of any payments due under a
21performance contract entered into by the person.
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22(2) Authorization; report. (a) Any agency may, in accordance with this section,
23enter into a performance contract under subch. IV with a qualified provider to reduce
24energy or operating costs, ensure state or local building code compliance or enhance
25the protection of property of the agency.
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1(b) Prior to entering into a performance contract for the implementation of any
2energy conservation or facility improvement measure, an agency shall obtain a
3report from a qualified provider containing recommendations concerning the
4amount the agency should spend on energy conservation and facility improvement
5measures The report shall contain estimates of all costs of installation,
6modifications, or remodeling, including costs of design, engineering, maintenance,
7repairs and financing. In addition, the report shall contain a guarantee specifying
8a minimum amount by which energy or operating costs of the agency will be reduced,
9if the installation, modification or remodeling is performed by that qualified
10provider.
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(c) If, after review of the report under par. (b), the agency finds that the amount
12it would spend on the energy conservation and facility improvement measures
13recommended in the report is not likely to exceed the amount to be saved in energy
14and operation costs over the remaining useful life of the facility to which the
15measures apply, the agency may enter into the contract.
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(d) Any performance contract for construction work is subject to approval under
17subch. V and ss. 13.48 (10) and 20.924 (1).
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18(3) Notice. Before entering into a performance contract under this section, an
19agency shall publish a class 1 notice of its intent to award the performance contract,
20the names of the parties to the proposed performance contract, and a description of
21the energy conservation and facility improvement measures included in the
22performance contract.
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23(4) Instalment payment and lease-purchase agreements. An agency may
24enter into an instalment payment contract or lease-purchase agreement for the
25purchase and installation of energy conservation or facility improvement measures.
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1(5) Payment schedule; savings. Each performance contract shall provide that
2all payments, except obligations on termination of the contract before its expiration,
3shall be made over time as energy savings are achieved. Energy savings shall be
4guaranteed by the qualified provider for the entire term of the performance contract.
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5(6) Terms of contracts. A performance contract may extend beyond the fiscal
6year in which it becomes effective, subject to appropriation of moneys for costs
7incurred in future fiscal years.
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8(7) Allocation of obligations. Each agency shall allocate sufficient moneys
9from its appropriations for each fiscal year to make payment of any amounts payable
10by the agency under performance contracts during that fiscal year.
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11(8) Bonds. Each qualified provider under a performance contract shall provide
12labor and material payment and performance bonds in an amount equivalent to the
13maximum amount of any payments due under the contract.
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14(9) Use of moneys. Unless otherwise provided by law, if an agency receives
15appropriations designated for operating and capital expenditures, the agency may
16use moneys designated for operating or capital expenditures to make payments
17under any performance contract, including instalment payments or payments under
18lease-purchase agreements.
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19(10) Monitoring; reports. During the entire term of each performance
20contract, the qualified provider entering into the contract shall monitor the
21reductions in energy consumption and cost savings attributable to the energy
22conservation and facility improvement measures installed under the contract, and
23shall periodically prepare and provide a report to the agency entering into the
24contract documenting the reductions in energy consumption and cost savings to the
25agency.
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1(11) Energy conservation measures. Energy conservation measures under
2this section may include the following:
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(a) Insulation of a building structure or systems within a building.
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(b) Storm windows or doors, caulking or weather stripping, multiglazed
5windows or doors, heat-absorbing or heat-reflective glazed and coated window or
6door systems, additional glazing, reductions in glass area, or other window and door
7system modifications that reduce energy consumption.
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(c) Automated or computerized energy control and facility management
9systems or computerized maintenance management systems.
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(d) Heating, ventilating or air conditioning system modifications or
11replacements.
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(e) Replacement or modification of lighting fixtures to increase the energy
13efficiency of the lighting system without increasing the overall illumination of a
14facility, unless an increase in illumination is necessary to conform to the applicable
15state or local building code for the lighting system after the proposed modifications
16are made.
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(f) Energy recovery systems.
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(g) Utility management systems and services.
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(h) Cogeneration systems that produce steam or forms of energy such as heat,
20as well as electricity, for use primarily within a building or complex of buildings.
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(i) Lifesafety systems.
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(j) Any other facility improvement measure that is designed to provide
23long-term energy or operating cost reductions or compliance with state or local
24building codes.
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1(12) Application. No agency may enter into a performance contract except in
2accordance with this section.
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16.85
(1) To take charge of and supervise all engineering or architectural
5services or construction work as defined in s. 16.87 performed by, or for, the state, or
6any department, board, institution, commission or officer thereof, including
7nonprofit-sharing corporations organized for the purpose of assisting the state in the
8construction and acquisition of new buildings or improvements and additions to
9existing buildings as contemplated under ss. 13.488, 36.09 and 36.11, except the
10engineering, architectural and construction work of the department of
11transportation, the engineering service performed by the department of
industry,
12labor and human relations development, department of revenue, public service
13commission, department of health and social services and other departments, boards
14and commissions when the service is not related to the maintenance, construction
15and planning of the physical properties of the state, and energy efficiency projects
16of the energy efficiency program under s. 16.847. The department shall not authorize
17construction work for any state office facility in the city of Madison after May 11,
181990, unless the department first provides suitable space for a day care center
19primarily for use by children of state employes.
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16.85
(2) To furnish engineering, architectural, project management and other
22building construction services whenever requisitions therefor are presented to the
23department by any agency. The department may deposit moneys received from the
24provision of these services in the account under s. 20.505 (1) (kc) or in the general
25fund as general purpose revenue — earned. In this subsection, "agency" means an
1office, department, independent agency, institution of higher education, association,
2society or other body in state government created or authorized to be created by the
3constitution or any law, which is entitled to expend moneys appropriated by law,
4including the legislature and the courts, but not including an authority created in
5ch. 231
, 233 or 234.
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16.85
(14) To review and approve the design and specifications of any
8construction or improvement project of the University of Wisconsin Hospitals and
9Clinics Authority on state-owned land, to approve the decision to construct any such
10construction or improvement project and to periodically review the progress of the
11project during construction to assure compliance with the approved design and
12specifications. This subsection does not apply to any construction or improvement
13project of the authority that costs less than the amount that is required to be specified
14in the lease agreement between the authority and the board of regents of the
15University of Wisconsin System under s. 233.04 (7) (d).
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1716.851 Plans for state buildings, structures or facilities. Except as the
18department otherwise provides by rule, records of the department containing plans
19or specifications for any state-owned or state-leased building, structure or facility,
20or any proposed state-owned or state-leased building, structure or facility, are not
21subject to the right of public inspection or copying under s. 19.35 (1). If the
22department transfers any records containing any such plans or specifications to any
23other authority as defined in s. 19.32 (1), the department shall require the authority
24to agree in writing not to make the record available for public inspection or copying
25except as the department otherwise permits by rule.
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16.855
(14) (a)
On all construction projects requiring the taking of bids under
3sub. (2) If the estimated construction cost of a project exceeds $100,000, the
4department shall take both single bids and separate bids on any division of the work
5that it designates.
Contracts shall be awarded If the estimated construction cost of
6a project does not exceed $100,000 and bids are required to be solicited under sub.
7(2), the department may take single bids or separate bids on any division of the work
8that it designates. If the department awards contracts by the division of work, the
9department shall award the contracts according to the division of work selected for
10bidding
and, except. Except as provided in sub. (10m) (a),
the department shall
11award all contracts to the lowest qualified responsible bidder or bidders that result
12in the lowest total construction cost for the project.
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16.855
(22) (a) The department shall by rule prescribe a contract
15administration fee to be paid for each state fiscal year by persons who contract with
16the department to provide engineering or architectural services or to perform
17construction work, as defined in s. 16.87 (1). Different contract administration fees
18may be assessed on the basis of different total dollar volumes of sales by contractors
19within the fiscal year in which the fee is assessed or the preceding fiscal year.
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(b) Except as authorized in par. (c), no person may contract with any agency,
21as defined in s. 16.70 (1), to provide engineering or architectural services or other
22services specified in s. 84.01 (13) or to perform construction work, as defined in s.
2316.87 (1), including any highway improvement, having an aggregate cost to the state
24exceeding $500 within any fiscal year unless that person has paid to the department
25the fee prescribed under par. (a) for the fiscal year in which the services are provided
1or the work is performed. If different fees are assessed under par. (a) for different
2total dollar volumes of sales, no person may provide any such services or work
3exceeding the dollar volume applicable to the fee which the person has paid under
4par. (a) for the fiscal year in which the services are provided or work is performed.
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(c) The department shall promulgate rules providing for:
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1. Administration and collection of the fee prescribed under par. (a).
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2. Exemption of any class of contractors from payment of the fee prescribed
8under par. (a) if exemption of that class of contractors is in the best interest of the
9state.
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(d) The department shall deposit all revenues received from fees assessed
11under this subsection in the information technology investment fund.
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16.865
(8) Annually in each fiscal year, allocate as a charge to each agency a
14proportionate share of the estimated costs attributable to programs administered by
15the agency to be paid from the appropriation under s. 20.505 (2) (k). The department
16may charge premiums to agencies to finance costs under this subsection and pay the
17costs from the appropriation on an actual basis. The department shall deposit all
18collections under this subsection in the appropriation account under s. 20.505 (2) (k).
19Costs assessed under this subsection may include judgments, investigative and
20adjustment fees, data processing and staff support costs, program administration
21costs, litigation costs and the cost of insurance contracts under sub. (5). In this
22subsection, "agency" means an office, department, independent agency, institution
23of higher education, association, society or other body in state government created
24or authorized to be created by the constitution or any law, which is entitled to expend
1moneys appropriated by law, including the legislature and the courts, but not
2including an authority created in ch. 231, 232,
233, 234 or 235.
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16.955
(1) Information. If the governor determines that a disruption of energy
5supplies poses a serious risk to the economic well-being, health or welfare of the
6citizens of this state, the governor may issue an order declaring an energy alert.
7Upon declaration of an energy alert by the governor, the department may issue
8general or special orders, as defined in s. 101.01
(1) (e) (7), or promulgate emergency
9rules under ch. 227 to compel disclosure of information required for purposes of this
10section. Any person, or agent of the person, who produces, imports or sells, coal or
11other forms of fuel, other than electricity, natural gas or wood, who is subject to an
12emergency rule or general or special order of the department within reasonable time
13limits specified in the order shall file or furnish such reports, information, data,
14copies of extracts of originals as the department deems necessary relating to existing
15and future energy supplies, including but not limited to record of sales in years for
161970 and thereafter, storage capacity, supplies on hand and anticipated supplies, and
17anticipated demand. To the extent that the reports and data requested by the
18department are presently available from other state or federal agencies, the
19department shall coordinate its data reporting requirements with the agencies to
20avoid duplication of reporting.
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16.967
(6) Reports. By March 31, 1990, and biennially thereafter, the
23departments department of administration,
the department of agriculture, trade
24and consumer protection,
the department of development,
the department of health
25and social services,
industry, labor and human relations, the department of natural
1resources,
the department of tourism, the department of revenue
and, the
2department of transportation,
and the board of regents of the university of Wisconsin
3system, the public service commission and the board of curators of the historical
4society shall each submit to the board a plan to integrate land information to enable
5such information to be readily translatable, retrievable and geographically
6referenced for use by any state, local governmental unit or public utility.
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16.97
(5m) "Executive branch agency" has the meaning given in s. 16.70 (4).
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16.97
(7m) "Mainframe computer services" means computer services provided
13by the division of information technology services utilizing a mainframe computer
14as defined in s. 16.70 (7m).
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16.971
(1m) The department shall ensure that an adequate level of
data
18processing information technology services is made available to all agencies by
19providing systems analysis and application programming services to augment
20agency resources, as requested. The department shall also ensure that
executive
21branch agencies make effective and efficient use of the
computing information
22technology resources of the state. The department shall
, in cooperation with
23agencies, establish policies, procedures and planning processes, for the
24administration of
data processing information technology services, which
the 25executive branch agencies shall follow.
The policies, procedures and processes shall
1address the needs of agencies to carry out their functions. The department shall
2monitor adherence to these policies, procedures and processes.
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16.971
(1) In this section:
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(a) "Division" means the division of technology management of the department.
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(b) "Small agency" means an agency having fewer than 50 authorized full-time
7equivalent positions.
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16.971
(2) (intro.) The
department
division shall:
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16.971
(2) (a) Except as provided in sub. (2m), review and approve, modify or
12reject all forms approved by a records and forms officer for jurisdiction, authority,
13standardization of design and nonduplication of existing forms. Unless the division
14rejects for cause or modifies the form within 20 working days after receipt, it is
15considered approved. The division's rejection of any form is appealable to the public
16records board. If the head of an agency certifies to the division that the form is needed
17on a temporary basis, approval by the division is not required.
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16.971
(2) (ap) Prescribe a forms management program for agencies.
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16.971
(2) (b) Develop and maintain
computing information technology 22resource planning and budgeting techniques at all levels of state government.
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16.971
(2) (c) Develop and maintain
techniques procedures to ensure
25interagency computer information technology resource planning and sharing
1between executive branch agencies. The procedures shall ensure the
2interconnection of information technology resources of executive branch agencies, if
3interconnection is consistent with the strategic plans formulated under pars. (L) and
4(m).
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16.971
(2) (e) Collect, analyze and interpret, in cooperation with
the state 7agencies, that data necessary to assist the
computer
information technology resource
8planning needs of the governor and legislature.
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16.971
(2) (f) Provide advice and assistance during budget preparation
11concerning
computer information technology resource plans and capabilities.
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16.971
(2) (g) Ensure that management reviews of
data processing information
14technology organizations are conducted.
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16.971
(2) (h) Gather, interpret and disseminate information on new
17technological developments, management techniques and
computing information
18technology resource capabilities and their possible effect on current and future
19management plans to all interested parties.
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16.971
(2) (i) Ensure that a level of
computing service is information technology
22services are provided to all
state agencies that
is are equitable in regard to resource
23availability, cost and performance.
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116.971
(2) (j) Ensure that all
state executive branch agencies develop and
2operate with clear guidelines and standards in the areas of
data processing 3information technology systems development and that they employ good
4management practices and cost-benefit justifications.
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16.971
(2) (L) Require each executive branch agency to adopt, revise biennially,
7and require each executive branch agency other than the board of regents of the
8University of Wisconsin System to submit for its approval, a strategic plan for the
9utilization of information technology to carry out the functions of the agency. As a
10part of each plan, the division shall require each executive branch agency to address
11the business needs of the agency and to identify all resources relating to information
12technology which the agency desires to acquire, contingent upon funding
13availability, the priority for such acquisitions and the justification for such
14acquisitions. Each plan shall identify any changes in the functioning of the agency
15under the plan. The division shall consult with the joint committee on information
16policy in providing guidance for and scheduling of planning by executive branch
17agencies.