Amendment AA5-SB409

SB409-AA5, s. 1i Section 1i. 16.856 of the statutes is created to read:

SB409-AA5,7,11 16.856 Energy and environmental design standards for certain state buildings, structures, and facilities. (1) In this section:

SB409-AA5,7,12 (a) "Agency" has the meaning given in s. 16.70 (1e).

SB409-AA5,7,16 (b) "ASHRAE standard" means the standard promulgated by the department of commerce under s. 101.028 based upon standard 90.1-2007 of the American Society of Heating, Refrigerating and Air Conditioning Engineers or its current equivalent as determined by the department of commerce under s. 101.028.

SB409-AA5,7,18 (c) "Conditioned space" means space that is designed to have controlled environmental conditions.

SB409-AA5,7,23 (d) "IECC standards" means the energy efficiency design standards promulgated by the department of commerce under s. 101.028 based upon the national energy efficiency design standards of the International Energy Conservation Code or their current equivalents as determined by the department of commerce under s. 101.028.

SB409-AA5,8,2 (e) "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 of commerce under s. 101.028.

SB409-AA5,8,8 (f) "LEED silver level" means the performance level designated as the silver level under the LEED Green Building Rating System or its current equivalent, or an equivalent performance level under an equivalent rating system, as determined by the department of commerce under s. 101.028. The department shall recognize the use of wood-based materials and products certified by the Forest Stewardship Council, American Tree Farm System, or Sustainable Forest Initiative programs.

SB409-AA5,8,16 (g) "Major construction project" means a project for the construction of a state building, structure, or facility that will, upon completion, contain at least 10,000 gross square feet of conditioned space, or for the repair, renewal, or renovation of an existing state building, structure, or facility 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, 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.

SB409-AA5,8,21 (h) "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 of commerce under s. 101.028.

SB409-AA5,8,25 (i) "Zero net energy" means an energy consumption level under which a building, structure, or facility produces as much energy for electricity, heating, and cooling from renewable sources in any calendar year as the building, structure, or facility consumes during the same period.

SB409-AA5,9,9 (2) The department 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. Upon completion of each major construction project, the department shall 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 department shall also ensure that the energy performance, recycling 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.

SB409-AA5,9,18 (3) The department shall maintain a current inventory of the location and gross square footage of the conditioned space in all buildings, structures, and facilities that are owned or leased by any agency for its use or the use of another agency. The inventory shall include for each building, structure, or facility information concerning the conditioned space in the building, structure, or facility and whether the building, structure, or facility or any portion thereof is certified or eligible for certification by the U.S. Green Building Council as conforming at a minimum to LEED performance requirements for the operation and maintenance of existing buildings.

SB409-AA5,9,24 (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:

SB409-AA5,9,25 (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, 2015, 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.

SB409-AA5,10,11 (b) For a building, structure, or facility the construction, repair, renewal, renovation, or expansion of which begins after December 31, 2014, but before January 1, 2020, 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.

SB409-AA5,10,16 (c) For a building, structure, or facility the construction, repair, renewal, renovation, or expansion of which begins after December 31, 2019, but before January 1, 2025, 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.

SB409-AA5,10,21 (d) For a building, structure, or facility the construction, repair, renewal, renovation, or expansion of which begins after December 31, 2024, but before January 1, 2030, 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.

SB409-AA5,11,2 (e) For a building, structure, or facility the construction, repair, renewal, renovation, or expansion of which begins after December 31, 2029, 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.

SB409-AA5,11,6 (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.

SB409-AA5,11,14 (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, 2015, to January 1, 2030, by which those increased levels are to be achieved.

SB409-AA5,11,20 (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.".

SB409-AA5,11,21 3. Page 2, line 9: delete " Section 1" and substitute "Section 1m".

SB409-AA5,11,22 4. Page 8, line 21: after that line insert:

SB409-AA5,11,23 " Section 22d. 66.0902 of the statutes is created to read:

SB409-AA5,12,2 66.0902 Energy and environmental design standards for political subdivision facilities. (1) In this section:

SB409-AA5,12,4 (a) "Conditioned space" means space that is designated to have controlled environmental conditions.

SB409-AA5,12,5 (b) "LEED silver level" has the meaning given in s. 16.856 (1) (f).

SB409-AA5,12,14 (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.

SB409-AA5,12,15 (d) "Political subdivision" means any city, village, town, or county.

SB409-AA5,12,22 (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.".

SB409-AA5,12,23 5. Page 19, line 3: after that line insert:

SB409-AA5,12,24 " Section 35d. 101.02 (23) of the statutes is created to read:

SB409-AA5,13,11 101.02 (23) The department may promulgate rules that establish building and design requirements for public buildings and places of employment that are based upon standard 189.1-2009 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 or that are based upon the current equivalent of that standard. If the department promulgates rules under this subsection, the department shall review the rules whenever a revision of standard 189.1-2009, or its current equivalent, 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 is published.

SB409-AA5, s. 35e Section 35e. 101.025 (4) (intro.) of the statutes is renumbered 101.025 (4) (ag), and 101.025 (4) (ag) (intro.), as renumbered, is amended to read:

SB409-AA5,13,18 101.025 (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:

SB409-AA5, s. 35f Section 35f. 101.025 (4) (ar) of the statutes is created to read:

SB409-AA5,13,25 101.025 (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.

SB409-AA5, s. 35g Section 35g. 101.027 (2) of the statutes is amended to read:

SB409-AA5,14,18 101.027 (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.

SB409-AA5, s. 35h Section 35h. 101.027 (3) (a) 1. of the statutes is amended to read:

SB409-AA5,14,22 101.027 (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 is published.

SB409-AA5, s. 35i Section 35i. 101.027 (3) (b) 1. of the statutes is amended to read:

SB409-AA5,15,7 101.027 (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, 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 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.

SB409-AA5, s. 35j Section 35j. 101.028 of the statutes is created to read:

SB409-AA5,15,10 101.028 Energy performance and environmental design standards for certain public buildings, structures and facilities. (1) In this section:

SB409-AA5,15,12 (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.

SB409-AA5,15,18 (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. The department shall recognize the use of wood-based materials and products certified by the Forest Stewardship Council, American Tree Farm System, or Sustainable Forest Initiative programs.

SB409-AA5,15,23 (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. The department shall recognize the use of wood-based materials and products certified by the Forest Stewardship Council, American Tree Farm System, or Sustainable Forest Initiative programs.

SB409-AA5,16,3 (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.

SB409-AA5,16,6 (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.

SB409-AA5,16,11 (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:

SB409-AA5,16,12 (a) The LEED silver level for new building construction.

SB409-AA5,16,14 (b) Minimum LEED performance requirements for the operation and maintenance of existing buildings.

SB409-AA5,16,15 (c) Energy Star standards.

SB409-AA5,16,17 (d) Energy performance standard 90.1-2007 of the American Society of Hearing, Refrigerating, and Air Conditioning Engineers.

SB409-AA5,16,19 (e) Standard 62.1-2004 of the American Society of Heating, Refrigerating, and Air Conditioning Engineers.

SB409-AA5,16,21 (f) National energy efficiency design standards of the International Energy Conservation Code adopted the the International Code Council-2006.

SB409-AA5,16,23 (g) The Uniform Plumbing Codes-2006 promulgated by the International Association of Plumbing and Mechanical Officials.

SB409-AA5,17,3 (i) Indoor air quality guidelines for occupied buildings promulgated by the Sheet Metal and Air Conditioning Contractors' National Association, 2nd edition, 2007.

SB409-AA5,17,5 (j) The International Plumbing Codes-2006 fixture and fitting performance requirements promulgated by the International Code Council.

SB409-AA5,17,10 (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.

SB409-AA5, s. 35k Section 35k. 101.05 (1) and (3) of the statutes are amended to read:

SB409-AA5,17,15 101.05 (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.

SB409-AA5,17,18 (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.

SB409-AA5, s. 35m Section 35m. 119.04 (1) of the statutes, as affected by 2009 Wisconsin Acts 60 and 96, is amended to read:

SB409-AA5,18,4 119.04 (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, 115.361, 115.365 (3), 115.38 (2), 115.445, 115.45, 118.001 to 118.04, 118.045, 118.06, 118.07, 118.075, 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, 118.225, 118.24 (1), (2) (c) to (f), (6) and (8), 118.255, 118.258, 118.291, 118.30 to 118.43, 118.51, 118.52, 118.55, 120.12 (5) and (15) to (25), 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.

SB409-AA5, s. 35n Section 35n. 120.24 of the statutes is created to read:

SB409-AA5,18,7 120.24 Energy performance and environmental design standards for school district facilities. (1) In this section:

SB409-AA5,18,8 (a) "Conditioned space" has the meaning given in s. 16.856 (1) (c).

SB409-AA5,18,9 (b) "LEED silver level" has the meaning given in s. 16.856 (1) (f).

SB409-AA5,18,16 (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.

SB409-AA5,18,23 (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.

SB409-AA5, s. 35p Section 35p. 145.133 of the statutes is created to read:

SB409-AA5,18,25 145.133 Graywater systems. (1) In this section:

SB409-AA5,19,2 (a) "Graywater" means wastewater generated from the use of a clothes washer, sink, shower, or bathtub.

SB409-AA5,19,4 (b) "Graywater system" means a system for the collection and reuse of graywater.

SB409-AA5,19,6 (c) "Rainwater system" means a system for the collection and reuse of rainwater generated from building roofs.

SB409-AA5,19,10 (2) The department shall promulgate rules that establish standards for the installation of graywater and rainwater systems. The standards shall 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.".

SB409-AA5,19,11 6. Page 27, line 16: delete "Postsecondary education tax credits.".

SB409-AA5,19,12 7. Page 27, line 22: after that line insert:

SB409-AA5,19,15 "(2) 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.

SB409-AA5,19,17 (3) 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.

SB409-AA5,19,21 (4) 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.

SB409-AA5,19,23 (5) 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.

SB409-AA5,20,3 (6) 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.".

SB409-AA5,20,4 (End)