SB409-AA5, s. 1i 9Section 1i. 16.856 of the statutes is created to read:
SB409-AA5,7,11 1016.856 Energy and environmental design standards for certain state
11buildings, structures, and facilities.
(1) In this section:
SB409-AA5,7,1212 (a) "Agency" has the meaning given in s. 16.70 (1e).
SB409-AA5,7,1613 (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.
SB409-AA5,7,1817 (c) "Conditioned space" means space that is designed to have controlled
18environmental conditions.
SB409-AA5,7,2319 (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.
SB409-AA5,8,224 (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.
SB409-AA5,8,83 (f) "LEED silver level" means the performance level designated as the silver
4level under the LEED Green Building Rating System or its current equivalent, or an
5equivalent performance level under an equivalent rating system, as determined by
6the department of commerce under s. 101.028. The department shall recognize the
7use of wood-based materials and products certified by the Forest Stewardship
8Council, American Tree Farm System, or Sustainable Forest Initiative programs.
SB409-AA5,8,169 (g) "Major construction project" means a project for the construction of a state
10building, structure, or facility that will, upon completion, contain at least 10,000
11gross square feet of conditioned space, or for the repair, renewal, or renovation of an
12existing state building, structure, or facility containing at least 10,000 gross square
13feet of conditioned space that affects more than 50 percent of the existing gross
14square feet of conditioned space in that building, structure, or facility, or for the
15expansion of an existing state building, structure, or facility to add at least 10,000
16gross square feet of conditioned space.
SB409-AA5,8,2117 (h) "Minimum LEED performance requirements for the operation and
18maintenance of existing buildings" means the performance requirements so
19designated under the LEED Green Building Rating System, as prescribed by the
20U.S. Green Building Council, or its current equivalent as determined by the
21department of commerce under s. 101.028.
SB409-AA5,8,2522 (i) "Zero net energy" means an energy consumption level under which a
23building, structure, or facility produces as much energy for electricity, heating, and
24cooling from renewable sources in any calendar year as the building, structure, or
25facility consumes during the same period.
SB409-AA5,9,9
1(2) The department shall ensure that the plans and specifications for each
2major construction project conform at a minimum to the requirements for
3certification at the LEED silver level. Upon completion of each major construction
4project, the department shall obtain certification by the U.S. Green Building Council
5that the project conforms at a minimum to the requirements for certification at the
6LEED silver level. The department shall also ensure that the energy performance,
7recycling of construction and demolition materials, ventilation components, indoor
8air quality performance, and water usage level for each major construction project
9conform to the standards specified s. 13.48 (2) (jm) 2.
SB409-AA5,9,18 10(3) The department shall maintain a current inventory of the location and
11gross square footage of the conditioned space in all buildings, structures, and
12facilities that are owned or leased by any agency for its use or the use of another
13agency. The inventory shall include for each building, structure, or facility
14information concerning the conditioned space in the building, structure, or facility
15and whether the building, structure, or facility or any portion thereof is certified or
16eligible for certification by the U.S. Green Building Council as conforming at a
17minimum to LEED performance requirements for the operation and maintenance of
18existing buildings.
SB409-AA5,9,24 19(4) Except as provided in sub. (5), the department shall ensure that each
20building, structure, or facility constructed, repaired, renewed, renovated, or
21expanded by or for the state that is a major construction project conforms to
22whichever of the following energy performance standards applies, based upon the
23year in which construction, repair, renewal, renovation, or expansion of the building,
24structure, or facility begins:
SB409-AA5,9,25
1(a) For a building, structure, or facility the construction, repair, renewal,
2renovation, or expansion of which begins on or after the first day of the 7th month
3beginning after the effective date of this paragraph .... [LRB inserts date], but before
4January 1, 2015, the energy performance shall be at least 30 percent better than the
5energy performance under the ASHRAE standard or the IECC standards, whichever
6is the most stringent.
SB409-AA5,10,117 (b) For a building, structure, or facility the construction, repair, renewal,
8renovation, or expansion of which begins after December 31, 2014, but before
9January 1, 2020, the energy performance shall be at least 70 percent better than the
10performance under the ASHRAE standard or the IECC standards, whichever is the
11most stringent.
SB409-AA5,10,1612 (c) For a building, structure, or facility the construction, repair, renewal,
13renovation, or expansion of which begins after December 31, 2019, but before
14January 1, 2025, the energy performance shall be at least 80 percent better than the
15energy performance under the ASHRAE standard or the IECC standards, whichever
16is the most stringent.
SB409-AA5,10,2117 (d) For a building, structure, or facility the construction, repair, renewal,
18renovation, or expansion of which begins after December 31, 2024, but before
19January 1, 2030, the energy performance shall be at least 90 percent better than the
20energy performance under the ASHRAE standard or the IECC standards, whichever
21is the most stringent.
SB409-AA5,11,222 (e) For a building, structure, or facility the construction, repair, renewal,
23renovation, or expansion of which begins after December 31, 2029, the energy
24performance shall be 100 percent better than the energy performance under the

1ASHRAE standard or the IECC standards, whichever is more stringent, and the
2building, structure, or facility shall consume zero net energy.
SB409-AA5,11,6 3(5) Subsection (4) does not apply to the gross square footage of enclosed space
4of any building, structure, or facility that is dedicated for laboratory usage if the
5ventilation requirements for that gross square footage do not permit compliance with
6sub. (4) in that area.
SB409-AA5,11,14 7(6) The department shall assess the feasibility of achieving certification by the
8U.S. Green Building Council for greater than 15 percent of the total gross square
9footage of conditioned space in buildings, structures, and facilities that are owned or
10leased by agencies, as determined under sub. (3), as conforming at a minimum to
11LEED performance requirements for the operation and maintenance of existing
12buildings and shall, by rule, specify, for purposes of s. 13.48 (2) (jm) 5., increased
13levels of certification and dates during the period from January 1, 2015, to January
141, 2030, by which those increased levels are to be achieved.
SB409-AA5,11,20 15(7) Annually no later than March 31, the department shall report to the
16governor and the building commission concerning the percentage level of adherence
17as of the preceding December 31 to each of the requirements under s. 13.48 (2) (jm)
18and this section that become effective on a date following that December 31 and the
19percentage level of adherence as of the preceding December 31 to the applicable
20requirement under s. 13.48 (2) (jm) 4. or 5.".
SB409-AA5,11,21 213. Page 2, line 9: delete " Section 1" and substitute "Section 1m".
SB409-AA5,11,22 224. Page 8, line 21: after that line insert:
SB409-AA5,11,23 23" Section 22d. 66.0902 of the statutes is created to read:
SB409-AA5,12,2
166.0902 Energy and environmental design standards for political
2subdivision facilities.
(1) In this section:
SB409-AA5,12,43 (a) "Conditioned space" means space that is designated to have controlled
4environmental conditions.
SB409-AA5,12,55 (b) "LEED silver level" has the meaning given in s. 16.856 (1) (f).
SB409-AA5,12,146 (c) "Major construction project" means a project for the construction of a public
7building by or for a political subdivision that will, upon completion of the project,
8contain at least 10,000 gross square feet of conditioned space, or for the renovation
9of an existing public building by or for a political subdivision containing at least
1010,000 gross square feet of conditioned space that affects more than 50 percent of the
11existing gross square feet of conditioned space in that building, or for the expansion
12of, or addition to, an existing public building by or for a political subdivision that adds
13conditioned space that is equal in size to at least 50 percent of the gross square feet
14of the existing building.
SB409-AA5,12,1515 (d) "Political subdivision" means any city, village, town, or county.
SB409-AA5,12,22 16(2) A political subdivision shall ensure that the plans and specifications for
17each major construction project conform at a minimum to the requirements for
18certification at the LEED silver level. The political subdivision shall also ensure that
19the energy performance, use and disposal of construction and demolition materials,
20ventilation components, indoor air quality performance, and water usage level for
21each major construction project conform to the standards specified s. 13.48 (2) (jm)
222.".
SB409-AA5,12,23 235. Page 19, line 3: after that line insert:
SB409-AA5,12,24 24" Section 35d. 101.02 (23) of the statutes is created to read:
SB409-AA5,13,11
1101.02 (23) The department may promulgate rules that establish building and
2design requirements for public buildings and places of employment that are based
3upon standard 189.1-2009 developed by the American Society of Heating,
4Refrigerating and Air-Conditioning Engineers in conjunction with the U.S. Green
5Building Council and the Illuminating Engineering Society or that are based upon
6the current equivalent of that standard. If the department promulgates rules under
7this subsection, the department shall review the rules whenever a revision of
8standard 189.1-2009, or its current equivalent, is published. The department shall
9complete its review of the rules and submit to the legislature proposed rules
10changing the requirements no later than 18 months after the date on which the
11revision of the standard is published.
SB409-AA5, s. 35e 12Section 35e. 101.025 (4) (intro.) of the statutes is renumbered 101.025 (4) (ag),
13and 101.025 (4) (ag) (intro.), as renumbered, is amended to read:
SB409-AA5,13,1814 101.025 (4) (ag) (intro.) For ventilation systems in public buildings and places
15of employment, the department shall adopt promulgate rules setting that
16incorporate standard 62.1-2007, or its current equivalent, of the American Society
17of Heating, Refrigerating and Air Conditioning Engineers and that set all of the
18following
:
SB409-AA5, s. 35f 19Section 35f. 101.025 (4) (ar) of the statutes is created to read:
SB409-AA5,13,2520 101.025 (4) (ar) The department shall review the rules promulgated under par.
21(ag) whenever a revision of standard 62.1-2007, or its current equivalent, of the
22American Society of Heating, Refrigerating and Air Conditioning Engineers, is
23published. The department shall complete its review of the rules and submit to the
24legislature a proposed rule changing the rules no later than 18 months after the date
25on which the revision of the standard is published.
SB409-AA5, s. 35g
1Section 35g. 101.027 (2) of the statutes is amended to read:
SB409-AA5,14,182 101.027 (2) The department shall review the energy conservation code and
3shall promulgate rules that change the requirements of the energy conservation code
4to improve energy conservation. No rule may be promulgated that has not taken into
5account the cost of the energy conservation code requirement, as changed by the rule,
6in relationship to the benefits derived from that requirement, including the
7reasonably foreseeable economic and environmental benefits to the state from any
8reduction in the use of imported fossil fuel. The proposed rules changing the energy
9conservation code shall be submitted to the legislature in the manner provided under
10s. 227.19. In conducting a review under this subsection, the department shall
11consider incorporating incorporate, into the energy conservation code, design
12requirements from
standard 90.1-2007, or its current equivalent, of the most current
13national energy efficiency design standards, including the International Energy
14Conservation Code or an energy efficiency code other than the International Energy
15Conservation Code if that energy efficiency code is used to prescribe design
16requirements for the purpose of conserving energy in buildings and is generally
17accepted and used by engineers and the construction industry
American Society of
18Heating, Refrigerating and Air Conditioning Engineers
.
SB409-AA5, s. 35h 19Section 35h. 101.027 (3) (a) 1. of the statutes is amended to read:
SB409-AA5,14,2220 101.027 (3) (a) 1. A revision of standard 90.1-2007, or its current equivalent,
21of
the International Energy Conservation Code American Society of Heating,
22Refrigerating and Air Conditioning Engineers
is published.
SB409-AA5, s. 35i 23Section 35i. 101.027 (3) (b) 1. of the statutes is amended to read:
SB409-AA5,15,724 101.027 (3) (b) 1. If the department begins a review under sub. (2) because a
25revision of standard 90.1-2007, or its current equivalent, of the International

1Energy Conservation Code
American Society of Heating, Refrigerating and Air
2Conditioning Engineers
is published, the department shall complete its review of the
3energy conservation code, as defined in sub. (1), and submit to the legislature
4proposed rules changing the energy conservation code, as defined in sub. (1), no later
5than 18 months after the date on which the revision of standard 90.1-2007, or its
6current equivalent, of
the International Energy Conservation Code American
7Society of Heating, Refrigerating and Air Conditioning Engineers
is published.
SB409-AA5, s. 35j 8Section 35j. 101.028 of the statutes is created to read:
SB409-AA5,15,10 9101.028 Energy performance and environmental design standards for
10certain public buildings, structures and facilities. (1)
In this section:
SB409-AA5,15,1211 (a) "Energy Star standards" means the standards prescribed by the U.S.
12Environmental Protection Agency under 42 USC 7403 (g) for energy use in buildings.
SB409-AA5,15,1813 (b) "LEED Green Building Rating System" means the green building rating
14system of the U.S. Green Building Council designated as the leadership in energy
15and environmental design system or its current equivalent as determined by the
16department. The department shall recognize the use of wood-based materials and
17products certified by the Forest Stewardship Council, American Tree Farm System,
18or Sustainable Forest Initiative programs.
SB409-AA5,15,2319 (c) "LEED silver level" means the performance level designated as the silver
20level under the LEED Green Building Rating System or its current equivalent as
21determined by the department. The department shall recognize the use of
22wood-based materials and products certified by the Forest Stewardship Council,
23American Tree Farm System, or Sustainable Forest Initiative programs.
SB409-AA5,16,324 (d) "Minimum LEED performance requirements for the operation and
25maintenance of existing buildings" means the performance requirements so

1designated under the LEED Green Building Rating System, as prescribed by the
2U.S. Green Building Council, or its current equivalent as determined by the
3department.
SB409-AA5,16,64 (e) "U.S. Green Building Council" means the United States Green Building
5Council or any successor organization that is substantially the same organization,
6as determined by the department.
SB409-AA5,16,11 7(2) The department shall prescribe, by rule, standards for energy performance
8and environmental design in buildings, structures, and facilities which shall apply
9to the extent required under ss. 13.48 (2) and (15), 16.84 (5), 16.856, 66.0902, and
10120.24. The standards shall be based upon the following standards or, if they are
11updated, their current equivalents:
SB409-AA5,16,1212 (a) The LEED silver level for new building construction.
SB409-AA5,16,1413 (b) Minimum LEED performance requirements for the operation and
14maintenance of existing buildings.
SB409-AA5,16,1515 (c) Energy Star standards.
SB409-AA5,16,1716 (d) Energy performance standard 90.1-2007 of the American Society of
17Hearing, Refrigerating, and Air Conditioning Engineers.
SB409-AA5,16,1918 (e) Standard 62.1-2004 of the American Society of Heating, Refrigerating, and
19Air Conditioning Engineers.
SB409-AA5,16,2120 (f) National energy efficiency design standards of the International Energy
21Conservation Code adopted the the International Code Council-2006.
SB409-AA5,16,2322 (g) The Uniform Plumbing Codes-2006 promulgated by the International
23Association of Plumbing and Mechanical Officials.
SB409-AA5,17,3
1(i) Indoor air quality guidelines for occupied buildings promulgated by the
2Sheet Metal and Air Conditioning Contractors' National Association, 2nd edition,
32007.
SB409-AA5,17,54 (j) The International Plumbing Codes-2006 fixture and fitting performance
5requirements promulgated by the International Code Council.
SB409-AA5,17,10 6(3) The department shall review a rule promulgated under sub. (2) whenever
7a revision of a standard on which the rule is based is published. The department
8shall complete its review of the rule and submit to the legislature a proposed rule
9changing the standard no later than 18 months after the date on which the revision
10of the standard is published.
SB409-AA5, s. 35k 11Section 35k. 101.05 (1) and (3) of the statutes are amended to read:
SB409-AA5,17,1512 101.05 (1) No Except for rules promulgated under s. 101.028, no building code
13adopted by the department under this chapter shall affect buildings located on
14research or laboratory farms of public universities or other state institutions and
15used primarily for housing livestock or other agricultural purposes.
SB409-AA5,17,18 16(3) No Except for rules promulgated under s. 101.028, no standard, rule, code
17or regulation of the department under this subchapter applies to construction
18undertaken by the state for the purpose of renovation of the state capitol building.
SB409-AA5, s. 35m 19Section 35m. 119.04 (1) of the statutes, as affected by 2009 Wisconsin Acts 60
20and 96, is amended to read:
SB409-AA5,18,421 119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c),
2266.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343,
23115.345, 115.361, 115.365 (3), 115.38 (2), 115.445, 115.45, 118.001 to 118.04, 118.045,
24118.06, 118.07, 118.075, 118.10, 118.12, 118.125 to 118.14, 118.145 (4), 118.15,
25118.153, 118.16, 118.162, 118.163, 118.164, 118.18, 118.19, 118.20, 118.225, 118.24

1(1), (2) (c) to (f), (6) and (8), 118.255, 118.258, 118.291, 118.30 to 118.43, 118.51,
2118.52, 118.55, 120.12 (5) and (15) to (25), 120.125, 120.13 (1), (2) (b) to (g), (3), (14),
3(17) to (19), (26), (34), (35), (37), (37m), and (38), 120.14, 120.21 (3), 120.24, and
4120.25 are applicable to a 1st class city school district and board.
SB409-AA5, s. 35n 5Section 35n. 120.24 of the statutes is created to read:
SB409-AA5,18,7 6120.24 Energy performance and environmental design standards for
7school district facilities.
(1) In this section:
SB409-AA5,18,88 (a) "Conditioned space" has the meaning given in s. 16.856 (1) (c).
SB409-AA5,18,99 (b) "LEED silver level" has the meaning given in s. 16.856 (1) (f).
SB409-AA5,18,1610 (c) "Major construction project" means a project for the construction of a
11building that will, upon completion, contain at least 10,000 gross square feet of
12conditioned space, or for the renovation of an existing building containing at least
1310,000 gross square feet of conditioned space that affects more than 50 percent of the
14existing gross square feet of conditioned space in that building, or for the expansion
15of, or addition to, an existing public building that adds conditioned space that is equal
16in size to at least 50 percent of the gross square feet of the existing building.
SB409-AA5,18,23 17(2) Each school board shall ensure that the plans and specifications for each
18major construction project conform at a minimum to the requirements for
19certification at the LEED silver level. The school board shall also ensure that the
20energy performance, use and disposal of construction and demolition materials,
21ventilation components, indoor air quality performance, and water usage level for
22each major construction project conform to the standards specified s. 13.48 (2) (jm)
232.
SB409-AA5, s. 35p 24Section 35p. 145.133 of the statutes is created to read:
SB409-AA5,18,25 25145.133 Graywater systems. (1) In this section:
SB409-AA5,19,2
1(a) "Graywater" means wastewater generated from the use of a clothes washer,
2sink, shower, or bathtub.
SB409-AA5,19,43 (b) "Graywater system" means a system for the collection and reuse of
4graywater.
SB409-AA5,19,65 (c) "Rainwater system" means a system for the collection and reuse of
6rainwater generated from building roofs.
SB409-AA5,19,10 7(2) The department shall promulgate rules that establish standards for the
8installation of graywater and rainwater systems. The standards shall authorize the
9reuse of graywater and rainwater within the building, or on the property
10surrounding the building, from which the graywater or rainwater was generated.".
SB409-AA5,19,11 116. Page 27, line 16: delete "Postsecondary education tax credits.".
SB409-AA5,19,12 127. Page 27, line 22: after that line insert:
SB409-AA5,19,15 13"(2) The treatment of section 13.48 (2) (jm) 2. and 3. of the statutes first applies
14with respect to projects approved and agreements entered into on the effective date
15of this subsection.
SB409-AA5,19,1716 (3) The treatment of section 16.856 (2) of the statutes first applies with respect
17to projects for which design is commenced on the effective date of this subsection.
SB409-AA5,19,2118 (4) The treatment of section 16.84 (5) of the statutes, the renumbering and
19amendment of section 13.48 (15) of the statutes, and the creation of section 13.48 (15)
20(b) of the statutes first apply with respect to leases of real property by the state that
21are entered into, renewed, or extended on the effective date of this subsection.
SB409-AA5,19,2322 (5) The treatment of section 120.24 (2) of the statutes first applies with respect
23to projects for which design is commenced on the effective date of this subsection.
SB409-AA5,20,3
1(6) The treatment of section 66.0902 (2) of the statutes first applies with respect
2to projects for which a request for proposal is issued by a political subdivision on the
3effective date of this subsection.".
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