AB40: Bill Text

AB40,124,8 16.855 (5) Any or all bids may be rejected if, in the opinion of the department, it is in the best interest of the state or the University of Wisconsin-Madison. The reasons for rejection shall be given to the bidder or bidders in writing.

AB40, s. 280 Section 280. 16.855 (7) of the statutes is amended to read:

AB40,124,12 16.855 (7) The department may issue contract change orders, if they are deemed to be in the best interests of the state or the University of Wisconsin-Madison.

AB40, s. 281 Section 281. 16.855 (10) of the statutes is amended to read:

AB40,124,18 16.855 (10) When the department believes that it is in the best interests of the state or the University of Wisconsin-Madison to contract for certain articles or materials available from only one source, it may contract for said articles or materials without the usual statutory procedure, after a publication of a class 1 notice, under ch. 985, in the official state newspaper.

AB40, s. 282 Section 282. 16.855 (10m) (ac) of the statutes is amended to read:

AB40,124,22 16.855 (10m) (ac) In this subsection, "disabled veteran-owned business" means a business certified by the department of commerce safety and professional services under s. 560.0335 490.02 (3).

AB40, s. 283 Section 283. 16.855 (10n) (a) of the statutes is amended to read:

AB40,124,25 16.855 (10n) (a) In this subsection, "minority group member" has the meaning given in s. 560.036 490.04 (1) (f).

AB40, s. 284 Section 284. 16.855 (13) (c) of the statutes is amended to read:

AB40,125,5 16.855 (13) (c) Changes may be made in the list of subcontractors, with the agreement of the department and the prime contractor, when in the opinion of the department it is in the best interests of the state or the University of Wisconsin-Madison to require the change.

AB40, s. 285 Section 285. 16.855 (14) (b) of the statutes is amended to read:

AB40,125,12 16.855 (14) (b) The state is and the University of Wisconsin-Madison are not liable to a prime contractor for damage from delay caused by another prime contractor if the department or the university takes reasonable action to require the delaying prime contractor to comply with its contract. If the state or the university is not liable under this paragraph, the delayed prime contractor may bring an action for damages against the delaying prime contractor.

AB40, s. 286 Section 286. 16.855 (16) (a) of the statutes is amended to read:

AB40,125,20 16.855 (16) (a) This section does not apply to contracts between the state or the University of Wisconsin-Madison and federal government or any agency thereof, or with any political subdivision of the state. Subject to the approval of the governor, the requirements of this section may be waived in emergency situations involving the public health, welfare or safety or with respect to contracting with public utilities, but only when any such waiver is deemed by the governor to be in the best interests of the state or the university.

AB40, s. 287 Section 287. 16.855 (16) (b) 2. of the statutes is amended to read:

AB40,126,8 16.855 (16) (b) 2. In emergency situations, the governor may approve repairs and construction of a building, structure, or facility in lieu of building commission approval under s. 13.48 (10), and for such purposes, may authorize the expenditure of up to $500,000 from the state building trust fund or from other available moneys appropriated to an agency or other available moneys of the University of Wisconsin-Madison derived from any revenue source. The governor may delegate to the secretary the authority to grant approvals under this subdivision. The governor shall report any such authorization to the building commission at its next regular meeting following the authorization. In this subdivision, "emergency" means any natural or human-caused situation that results in or may result in substantial injury or harm to the population or substantial damage to or loss of property.

AB40, s. 288 Section 288. 16.855 (20) of the statutes is amended to read:

AB40,126,16 16.855 (20) This section does not apply to construction work performed by University of Wisconsin System or University of Wisconsin-Madison students when the construction work performed is a part of a curriculum and where the work is course-related for the student involved. Prior approval of the building commission must be obtained for all construction projects to be performed by University of Wisconsin System or University of Wisconsin-Madison students, except projects specified in s. 13.48 (10 (c).

AB40, s. 289 Section 289. 16.855 (22) of the statutes is amended to read:

AB40,127,5 16.855 (22) The provisions of this section, except sub. (10m), do not apply to construction work for any project that does not require the prior approval of the building commission under s. 13.48 (10) (a) if the project is constructed in accordance with policies and procedures prescribed by the building commission under s. 13.48 (29). The provisions of this section do not apply to construction work for any project by or for the University of Wisconsin-Madison that is funded entirely from sources other than general purpose revenue or general fund supported borrowing. If the estimated construction cost of any project, other than a University of Wisconsin-Madison project that is exempted under this subsection, is at least $40,000, and the building commission elects to utilize the procedures prescribed under s. 13.48 (29) to construct the project, the department shall provide adequate public notice of the project and the procedures to be utilized to construct the project on a publicly accessible computer site.

AB40, s. 290 Section 290. 16.865 (1) (a) of the statutes is amended to read:

AB40,127,9 16.865 (1) (a) Protect Except as provided in sub. (10), protect the state and the University of Wisconsin-Madison from losses which are catastrophic in nature and minimize total cost to the state of all activities related to the control of accidental loss.

AB40, s. 291 Section 291. 16.865 (2) of the statutes is amended to read:

AB40,127,14 16.865 (2) Identify Except as provided in sub. (10), identify and evaluate exposure to loss to the state, its and University of Wisconsin-Madison and their employees or injury to the public by reason of fire or other accidents and fortuitous events at state-owned and the university-owned properties or facilities.

AB40, s. 292 Section 292. 16.865 (3) of the statutes is amended to read:

AB40,127,19 16.865 (3) Recommend Except as provided in sub. (10), recommend changes in procedures, program conditions or capital improvement for all agencies and the University of Wisconsin-Madison which would satisfactorily eliminate or reduce the existing exposure.

AB40, s. 293 Section 293. 16.865 (4) of the statutes is amended to read:

AB40,127,25 16.865 (4) Manage the state employees' Except as provided in sub. (10), manage the worker's compensation program for state and University of Wisconsin-Madison employees and the statewide self-funded programs to protect the state and the University of Wisconsin–Madison from losses of and damage to state property and liability.

AB40, s. 294 Section 294. 16.865 (5) of the statutes is amended to read:

AB40,128,8 16.865 (5) Arrange appropriate Except as provided in sub. (10), arrange insurance contracts for the transfer of risk of loss on the part of the state and the University of Wisconsin-Madison or its their employees, to the extent such loss cannot reasonably be assumed by the individual agencies or the university or the self-funded programs. The placement of insurance may be by private negotiation rather than competitive bid, if such insurance has a restricted number of interested carriers. The department shall approve all insurance purchases.

AB40, s. 295 Section 295. 16.865 (8) of the statutes, as affected by 2011 Wisconsin Act 7, is amended to read:

AB40,129,2 16.865 (8) Annually Except as provided in sub. (10), annually in each fiscal year, allocate as a charge to each agency and to the University of Wisconsin-Madison a proportionate share of the estimated costs attributable to programs administered by the agency or the university to be paid from the appropriation under s. 20.505 (2) (k). The department may charge premiums to agencies and to the University of Wisconsin-Madison to finance costs under this subsection and pay the costs from the appropriation on an actual basis. The department shall deposit all collections under this subsection in the appropriation account under s. 20.505 (2) (k). Costs assessed under this subsection may include judgments, investigative and adjustment fees, data processing and staff support costs, program administration costs, litigation costs, and the cost of insurance contracts under sub. (5). 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, that is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 37, 52, 231, 232, 233, 234, 235, 237, 238, or 279.

AB40, s. 296 Section 296. 16.865 (10) of the statutes is created to read:

AB40,129,12 16.865 (10) This section does not apply to the University of Wisconsin-Madison for any fiscal year if the University of Wisconsin-Madison, no later than December 31 preceding the beginning of that fiscal year, provides written notice to the department that it has elected not to be governed by this section. Any notice of nonelection applies to all subsequent fiscal years unless the University of Wisconsin-Madison, no later than December 31 preceding the beginning of a fiscal year, provides written notice to the department that it has elected to be governed by this section. Any notice of election applies to all subsequent fiscal years unless the University of Wisconsin-Madison again provides timely notice of nonelection.

AB40, s. 297 Section 297. 16.87 (1) (am) of the statutes is amended to read:

AB40,129,16 16.87 (1) (am) "Disabled veteran-owned business" means a business certified by the department of commerce safety and professional services under s. 560.0335 490.02 (3).

AB40, s. 298 Section 298. 16.87 (2) (a) of the statutes is amended to read:

AB40,129,22 16.87 (2) (a) A contract for engineering services or architectural services or a contract involving an expenditure of $10,000 or more for construction work, or $30,000 or more for limited trades work, to be done for or furnished to the state or a department, board, commission, or officer of the state or the University of Wisconsin-Madison is exempt from the requirements of ss. 16.705 and 16.75.

AB40, s. 299 Section 299. 16.87 (5) of the statutes is created to read:

AB40,130,3 16.87 (5) This subsection does not apply to any project for the University of Wisconsin-Madison that is funded entirely from sources other than general purpose revenue or general fund supported borrowing.

AB40, s. 300 Section 300. 16.875 of the statutes is amended to read:

AB40,130,6 16.875 Setoffs. All amounts owed by this state or the University of Wisconsin-Madison under this subchapter are subject to being set off under s. 73.12.

AB40, s. 301 Section 301. 16.89 of the statutes is amended to read:

AB40,130,16 16.89 Construction and services controlled by this chapter. No department, independent agency, constitutional office or agent of the state shall employ engineering, architectural or allied services or expend money for construction purposes on behalf of the state, except as provided in this chapter. The University of Wisconsin-Madison shall not employ engineering, architectural, or allied services or expend money for construction purposes on behalf of the university, except as provided in this chapter and except that the university may engage such employment for any project that is financed entirely from sources other than general purpose revenue or general fund supported borrowing.

AB40, s. 302 Section 302. 16.891 (1) (b) of the statutes is amended to read:

AB40,130,23 16.891 (1) (b) "Total cost of occupancy" means the cost to operate and maintain the physical plant of a building, structure, or facility, including administrative costs of an agency or the University of Wisconsin-Madison attributable to operation and maintenance of a building, structure, or facility, together with any debt service costs associated with the building, structure, or facility, computed in the manner prescribed by the department.

AB40, s. 303 Section 303. 16.891 (2) of the statutes is amended to read:

AB40,131,10 16.891 (2) Except as provided in sub. (4), each agency and the University of Wisconsin-Madison shall report to the department no later than October 1 of each year concerning the total cost of occupancy of each state-owned or university-owned building, structure, and facility, excluding public highways and bridges, under the jurisdiction of the agency or university for the preceding fiscal year. The report shall be made in a format prescribed by the department. Beginning in 2009, if a building, structure, or facility is a part of an institution, the agency having jurisdiction of the institution or the University of Wisconsin-Madison shall also include in its report the total cost of occupancy of all of the buildings, structures, and facilities within the institution.

AB40, s. 304 Section 304. 16.891 (4) of the statutes is amended to read:

AB40,131,15 16.891 (4) The department may exempt an agency or the University of Wisconsin-Madison from compliance with the reporting requirement under sub. (2) with respect to any building, structure, or facility that the department determines to have a minimal total cost of occupancy.

AB40, s. 305 Section 305. 16.895 (title) of the statutes is amended to read:

AB40,131,18 16.895 (title) State-owned State- or university-owned or operated heating, cooling or power plants.

AB40, s. 306 Section 306. 16.895 (2) (a) of the statutes is amended to read:

AB40,131,22 16.895 (2) (a) Prepare all specifications, bid and administer contracts for the purchase of fuels for all state-owned or operated heating, cooling or power plants that are owned or operated by the state or the University of Wisconsin-Madison.

AB40, s. 307 Section 307. 16.895 (2) (c) of the statutes is amended to read:

AB40,132,2 16.895 (2) (c) Determine the method of operation of state-owned state- or university-owned or operated heating, cooling or power plants, including maintenance standards and policies concerning utilization of alternative fuels and energy conservation.

AB40, s. 308 Section 308. 16.895 (2) (d) of the statutes is amended to read:

AB40,132,6 16.895 (2) (d) Assure compliance with federal and state laws, federal regulations and state administrative rules applicable to state-owned state- or university-owned or operated heating, cooling or power plants.

AB40, s. 309 Section 309. 16.895 (2) (e) of the statutes is amended to read:

AB40,132,10 16.895 (2) (e) Delegate to any agency or to the University of Wisconsin-Madison the department's authority under par. (c) or (d) and approve all expenditures of the agency or university under par. (c) or (d).

AB40, s. 310 Section 310. 16.895 (2) (g) of the statutes is amended to read:

AB40,132,15 16.895 (2) (g) Provide for emissions testing, waste product disposal and fuel quality testing at state-owned state- or university-owned or operated heating, cooling or power plants, and secure permits that are required for operation of the plants.

AB40, s. 311 Section 311. 16.895 (2) (h) of the statutes is amended to read:

AB40,132,20 16.895 (2) (h) Periodically assess to agencies and the University of Wisconsin-Madison their proportionate cost of the expenses incurred by the department under this subsection and ss. 16.85 (4), 16.90, 16.91 and 16.92 in accordance with a method of apportionment determined by the department.

AB40, s. 312 Section 312. 16.897 of the statutes is amended to read:

AB40,133,2 16.897 Space and water heating systems. In planning and designing space or water heating systems for new or existing state facilities and facilities of the University of Wisconsin-Madison, the department shall ensure that geothermal technologies are utilized to the greatest extent that is cost-effective and technically feasible.

AB40, s. 313 Section 313. 16.90 (title) of the statutes is amended to read:

AB40,133,5 16.90 (title) Fuel for state and university heating, cooling or power plants.

AB40, s. 314 Section 314. 16.90 (2) (a) of the statutes is amended to read:

AB40,133,13 16.90 (2) (a) Prepare all specifications for contracts for the purchase of fuel for each state-owned or operated heating, cooling or power plant that is owned or operated by the state or the University of Wisconsin-Madison. All such specifications where feasible shall provide for purchase of such fuel on a heating value and quality basis and may provide for an adjustment of the base price of any fuel as a result of changes in production or transportation costs during the term of a contract.

AB40, s. 315 Section 315. 16.90 (2) (b) of the statutes is amended to read:

AB40,133,18 16.90 (2) (b) Distribute fuel purchased by the department or, any other agency , or the University of Wisconsin-Madison to agencies that require it or to the University of Wisconsin-Madison as required, and reallocate such fuel between agencies or the University of Wisconsin-Madison in the event of a shortage.

AB40, s. 316 Section 316. 16.90 (2) (c) of the statutes is amended to read:

AB40,133,21 16.90 (2) (c) Set standards for storage of fuel by agencies and the University of Wisconsin-Madison.

AB40, s. 317 Section 317. 16.90 (2) (d) of the statutes is amended to read:

AB40,134,2 16.90 (2) (d) Test all fuel purchased for each state-owned state- or university-owned or operated heating, cooling or power plant wherein the annual requirement is in excess of 12,500 therms and where purchased on a heating value and quality basis.

AB40, s. 318 Section 318. 16.90 (2) (e) of the statutes is amended to read:

AB40,134,7 16.90 (2) (e) Promulgate such rules as the secretary considers necessary, not inconsistent with this section, to promote efficiency, energy conservation and economy in the testing, handling and use of fuel for state-owned state- or university-owned or operated heating, cooling or power plants.

AB40, s. 319 Section 319. 16.91 (2) of the statutes is amended to read:

AB40,134,15 16.91 (2) No contract for the purchase of fuel for any state-owned state- or university-owned or operated heating or heating and power plant wherein the annual requirement is in excess of 12,500 therms is binding unless purchased upon specifications furnished by the secretary. A contract for fuel may be for any term deemed to be in the best interests of the state or the University of Wisconsin-Madison, but the term and any provisions for renewal or extension shall be incorporated in the bid specifications and the contract document.

AB40, s. 320 Section 320. 16.91 (3) of the statutes is amended to read:

AB40,134,25 16.91 (3) Payments for fuel delivered under contracts specified in sub. (2) and for delivery costs shall be made upon vouchers approved by the secretary. Upon being audited and paid, the department shall charge each purchase against the appropriation to the agency which has jurisdiction over the facility at which the fuel is used or to the University of Wisconsin-Madison, if the university has such jurisdiction. The secretary shall report on a quarterly basis to each such agency and to the University of Wisconsin-Madison the total amount of payments charged under this subsection to each of its appropriations and facilities. Approval of the payments by the any agency whose appropriation is charged is not required.

AB40, s. 321 Section 321. 16.92 (2) of the statutes is amended to read:

AB40,135,4 16.92 (2) Each agency and the University of Wisconsin-Madison shall utilize the most cost-effective means of procurement of fuel, electricity, heat and chilled water.

AB40, s. 322 Section 322. 16.93 (2) of the statutes is amended to read:

AB40,135,9 16.93 (2) Except as provided in sub. (3), any agency or the University of Wisconsin-Madison, with the approval of the department, may sell fuel, water, sewage treatment service, electricity, heat or chilled water to another agency, a federal agency, a local government or a private entity.

AB40, s. 323 Section 323. 16.95 (intro.) of the statutes is amended to read:

AB40,135,16 16.95 Powers and duties. (intro.) The department shall, through a system of comprehensive long-range planning, promote the development and the maximum wise use of the energy, natural, and human resources of the state. It and develop and implement a cost-effective, balanced, reliable, and environmentally responsible energy strategy to promote economic growth. The department shall do all of the following: