AB548: Bill Text

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB548,1 Section 1. 15.105 (34) of the statutes is created to read:

AB548,4,4 15.105 (34) Wisconsin conservation corps board. There is created a Wisconsin conservation corps board that is attached to the department of administration under s. 15.03, consisting of the following:

AB548,4,5 (a) The secretary of natural resources or his or her designee.

AB548,4,6 (b) The executive secretary of the board of commissioners of public lands.

AB548,4,8 (c) Two representatives to the assembly, appointed as are members of assembly standing committees.

AB548,4,9 (d) Two senators, appointed as are members of senate standing committees.

AB548,4,12 (e) One member of a nongovernmental organization that has expertise in conservation matters or that represents employees who work in conservation activities, for a 3-year term.

AB548,4,14 (f) Two members of the faculty employed by a technical college district board, appointed by the technical college system board, for 3-year terms.

AB548,4,16 (g) One member representing the University of Wisconsin-Extension, for a 3-year term.

AB548,4,18 (h) One member of a nongovernmental organization that has expertise in youth training programs, for a 3-year term.

AB548,2 Section 2. 16.24 of the statutes is created to read:

AB548,5,6 16.24 Wisconsin conservation corps. (1) Establishment of program. There is established the Wisconsin conservation corps program. The purpose of the program is to protect, enhance, and provide access to Wisconsin's natural heritage and encourage and enable young people to learn the value of work in a natural setting by providing employment training and career pathways.

AB548,5,7 (2) Definitions. In this section:

AB548,5,8 (a) "Board" means the Wisconsin conservation corps board.

AB548,5,9 (b) "College campus" has the meaning given under s. 36.05 (6m).

AB548,5,11 (c) "Local government" has the meaning given for "local governmental unit" in s. 16.97 (7).

AB548,5,14 (d) "Nonprofit corporation" means a nonstock, nonprofit corporation described under section 501 (c) (3) or (4) of the Internal Revenue Code that is exempt from the federal income tax under section 501 (a) of that code.

AB548,5,19 (e) "Project" means a planned undertaking of the Wisconsin conservation corps for a sponsor to carry out a specific goal within a defined period of time that is focused on the conservation or enjoyment of natural resources for environmental conservation or for energy conservation and efficiency purposes and that will have a specific, beneficial, and physical effect.

AB548,5,21 (f) "Sponsor" means a local government or a nonprofit corporation that proposes to undertake a project.

AB548,5,22 (g) "Youth corps program" has the meaning given in s. 16.22 (1) (dm).

AB548,5,25 (3) Wisconsin conservation corps board. The board is the policy-making body of the Wisconsin conservation corps program. The board shall promulgate rules consistent with this section for the operation of the program.

AB548,6,11 (4) Management and services. (a) The board shall contract with a nonprofit corporation that has demonstrated experience in natural resources conservation and youth training or employment to administer and manage the Wisconsin conservation corps program. The manager shall retain all work crew members under sub. (8), except that the manager shall enroll any work crew members who are participants in a youth corps program. The manager shall also train and supervise all work crews, provide educational programming for work crews, and provide outreach and other communications services in accordance with this section and the rules and directives of the board. The manager shall also identify and review potential projects, assist with project proposal development, and recommend to the board proposed projects for its review and approval.

AB548,6,16 (b) The board shall not authorize or require, and the manager shall not engage, the services of any employee or contractor to perform services under the Wisconsin conservation corps program if those services displace the services of any individual who is employed by this state in a position, as defined in s. 230.03 (11), or who is employed by a local government in a permanent position.

AB548,6,21 (5) Project application; approval. (a) Each project is subject to review and approval by the board prior to commencement of work on the project. The manager may submit an application to the board for approval of a proposed project. An application shall be in the form prescribed by the board and shall include all of the following:

AB548,6,23 1. An identification of the project and the sponsor of the project, together with a detailed plan for the work to be performed on the project.

AB548,7,2 2. An enumeration of the number of work crews that will work on the project, an affirmation as to whether work crew members would be eligible to participate in a youth corps program, and an affirmation that the work crew members will satisfy the requirements under sub. (8).

AB548,7,8 3. A plan for training the work crew members, providing transportation to each project work site, and making available individualized educational opportunities for work crew members suited to the qualifications, experience, and needs of the members while they are working on the project, and for assisting work crew members who are participating in a youth corps program in making full use of all benefits provided under the program.

AB548,7,13 4. A plan for the crew members to visit postsecondary institutions, such as a technical college or a college campus of the University of Wisconsin System, at least once every 3 months while they are employed or enrolled to work on a project in order to familiarize them with application and enrollment procedures, programs, and course offerings.

AB548,7,17 (b) The board shall approve applications for projects that are located in at least one of each of the technical college districts in each year. To the greatest extent practicable, the board shall ensure that projects are equally distributed across technical college districts.

AB548,7,19 (6) Staff support. The department shall provide all staff support necessary for the operation of the board.

AB548,8,2 (7) Scope of projects. (a) Environmental conservation projects may include, but are not limited to, new trail construction, trail rehabilitation, invasive species management, bridge and boardwalk construction, reforestation, timber stand improvement, stream bank stabilization, erosion control, rain garden installation, prairie restoration, historical site preservation, recreation site maintenance, wild land fire hazard reduction and fuels management, lake and stream restoration, boundary marking, fencing, landscaping, or carpentry.

AB548,8,12 (b) Energy conservation and efficiency projects may include, but are not limited to, data collection for scientific research, retrofitting of residential or industrial windows, installing solar panels, high-efficiency water heater installation, rain barrel collection system construction, insulation system upgrades, high-efficiency lighting product installation, power management system installation, motion detection system upgrades, efficient heating and cooling system installation, biogas digestion system installation, biomass heating and energy system installation, truck loading dock seal installation, wind or solar electric system installation, geothermal heat pump installation, electric chiller installation, greenhouse construction, or irrigation system installation.

AB548,8,16 (c) 1. Except as authorized in subd. 2., each project shall be sited on land that is located in this state and owned by the federal or state government or a local government, or on land that is located in this state in which one of those entities has an ownership interest.

AB548,8,19 2. A project may include incidental work to be performed on land not described in subd. 1. if the work to be performed on that land is directly related to accomplishing work on a project that is sited on land described in subd. 1.

AB548,9,2 (8) Work crews. The work crew members on a project shall constitute the Wisconsin conservation corps. Each work crew shall have a crew leader. The board shall determine the size of work crews. Each work crew member on a project shall be between the ages of 18 and 25. At least 50 percent of the work crew members on each project shall have no postsecondary education and shall have a family income of not more than 200 percent of the poverty line, as defined in s. 49.001 (5), on the date of initial employment or enrollment.

AB548,9,8 (9) Funding of projects. (a) If the manager determines that a project proposed in an application submitted under sub. (5) (a) is an appropriate project and that work crew members on the project would be eligible to participate in a youth corps program and satisfy the requirements under sub. (8), the manager shall submit the application to the national and community service board for a grant under s. 16.22 (2) (h).

AB548,9,11 (b) If an application for a grant is approved by the national and community service board under s. 16.22 (2) (h), the manager shall accept the grant for the board and shall use the grant to assist the sponsor in training the work crews.

AB548,9,15 (c) If the manager determines that funding for a proposed project would not be available under s. 16.22 (2) (h), the manager shall work with the sponsor to identify funding sources and shall apply for and accept funding for projects from available sources.

AB548,9,22 (10) Intergovernmental cooperation. The department may, on behalf of the board, the manager, or a sponsor, enter into a cooperative purchasing agreement under s. 16.73 (1). The board may, on behalf of itself, the manager, or a sponsor, enter into such an agreement. The board may request cooperative assistance from other state agencies in carrying out its program responsibilities as provided in s. 20.901 (1) (a). The board may enter into an intergovernmental service agreement under s. 66.0301 on behalf of itself, the manager, or a sponsor.

AB548,9,24 (11) Responsibilities of sponsor. Each sponsor of a Wisconsin conservation corps project approved under this section shall do all of the following:

AB548,10,2 (a) Upon completion of the project, erect a permanent plaque at each project work site identifying the site as a Wisconsin conservation corps project.

AB548,10,10 (b) Submit a report to the board identifying the number of work crew members who enrolled at a technical college, a college campus of the University of Wisconsin System, or any other postsecondary educational institution upon completion of a project in which they were engaged and the status of each such work crew member as of the first anniversary after completion of each project, including whether the crew member has graduated from high school, has received a declaration of equivalency of high school graduation, or is employed and if employed, in what capacity.

AB548,10,15 (12) Annual report. Annually, no later than March 31, the board shall submit a report to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2), identifying Wisconsin conservation corps projects that were completed in the preceding year or that are in the process of completion at the end of that year.

AB548,3 Section 3. 16.705 (1L) of the statutes is created to read:

AB548,10,18 16.705 (1L) Subsection (1) does not apply to the agreement for the management of the Wisconsin conservation corps program under s. 16.24 (4).

AB548,4 Section 4. 16.705 (10) of the statutes is created to read:

AB548,10,22 16.705 (10) Subsections (2) to (9) do not apply to procurements by an agency for contractual services to be performed by crew members as a part of a Wisconsin conservation corps project.

AB548,5 Section 5. 16.71 (5s) of the statutes is created to read:

AB548,11,2 16.71 (5s) The department shall delegate authority to the Wisconsin conservation corps board to enter into cooperative purchasing agreements under s. 16.73 (1) on behalf of itself, the manager of the Wisconsin conservation corps program, or a sponsor of a Wisconsin conservation corps project.

AB548,6 Section 6. 16.75 (1) (a) 1. of the statutes is amended to read:

AB548,11,12 16.75 (1) (a) 1. All orders awarded or contracts made by the department for all materials, supplies, equipment, and contractual services to be provided to any agency, except as otherwise provided in par. (c) and subs. (2), (2g), (2m), (3m), (3t), (6), (7), (8), (9), (10e), and (10m), and (13) and ss. 16.705 (1r), 16.73 (4) (a), 16.751, 16.754, 50.05 (7) (f), 153.05 (2m) (a), 165.987, and 287.15 (7), shall be awarded to the lowest responsible bidder, taking into consideration life cycle cost estimates under sub. (1m), when appropriate, the location of the agency, the quantities of the articles to be supplied, their conformity with the specifications, and the purposes for which they are required and the date of delivery.

AB548,7 Section 7. 16.75 (13) of the statutes is created to read:

AB548,11,16 16.75 (13) Subsection (1) does not apply to procurements by an agency for contractual services to be performed by crew members as a part of a Wisconsin conservation corps project.

AB548,8 Section 8. 20.505 (4) (kc) of the statutes is created to read:

AB548,11,21 20.505 (4) (kc) Wisconsin conservation corps board; interagency transfers. All moneys transferred to the Wisconsin conservation corps board from other state agencies and all moneys transferred under 2015 Wisconsin Act .... (this act), section 11 (3 ), to be used for the general program operations of the board under s. 16.24.

AB548,9 Section 9. 66.0903 (5) (h) of the statutes is created to read:

AB548,11,24 66.0903 (5) (h) Work performed by crew members on a Wisconsin conservation corps project.

AB548,10 Section 10. 103.49 (3g) (i) of the statutes is created to read:

AB548,12,2 103.49 (3g) (i) Work performed by crew members on a Wisconsin conservation corps project.

AB548,11 Section 11 . Nonstatutory provisions.

AB548,12,18 (1) Emergency rules for operation of Wisconsin conservation corps program. The Wisconsin conservation corps board may promulgate all rules necessary for the operation of the Wisconsin conservation corps program under section 16.24 of the statutes as emergency rules under section 227.24 of the statutes. Notwithstanding section 227.24 (1) (c) of the statutes, emergency rules promulgated under this subsection may remain in effect for not more than one year, and may be extended under section 227.24 (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the board is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection. Notwithstanding sections 227.135 (2) and (4) and 227.24 (1) (e) 1d. and 1g. of the statutes, a proposed emergency rule promulgated under this subsection and the statement of the scope of the proposed emergency rule are not subject to approval of the governor.

AB548,12,20 (2) Initial terms of appointed members of the Wisconsin conservation corps board.

AB548,12,24 (a) Notwithstanding the length of term specified for the member of the Wisconsin conservation corps board specified in section 15.105 (34) (e) of the statutes, as created by this act, the initial term for the member appointed under section 15.105 (34) (e) of the statutes, as created by this act, shall expire on May 1, 2019.

AB548,13,6 (b) Notwithstanding the length of term specified for members of the Wisconsin conservation corps board specified in section 15.105 (34) (f) of the statutes, as created by this act, the initial term for one of the members appointed under section 15.105 (34) (f) of the statutes, as created by this act, shall expire on May 1, 2018, and the initial term for the other member appointed under section 15.105 (34) (f) of the statutes, as created by this act, shall expire on May 1, 2017.

AB548,13,11 (c) Notwithstanding the length of term specified for the member of the Wisconsin conservation corps board specified in section 15.105 (34) (g) of the statutes, as created by this act, the initial term for the member appointed under section 15.105 (34) (g) of the statutes, as created by this act, shall expire on May 1, 2018.

AB548,13,15 (d) Notwithstanding the length of term specified for the member of the Wisconsin conservation corps board specified in section 15.105 (34) (h) of the statues, as created by this act, the initial term for the member appointed under section 15.105 (34) (h) of the statutes, as created by this act, shall expire on May 1, 2019.

AB548,13,16 (3) Transfer of moneys to Wisconsin conservation corps board.

AB548,13,18 (a) In this subsection, "executive branch agency" has the meaning given under section 16.70 (4) of the statutes.

AB548,13,23 (b) Notwithstanding sections 20.115 to 20.875 and 25.40 (3) of the statutes, but subject to paragraphs (c) to (e), the secretary of administration may transfer a total of not more than $400,000 appropriated from sum certain appropriations to executive branch agencies under those sections of the statutes to the appropriation account under section 20.505 (4) (kc) of the statutes, as created by this act.

AB548,14,3 (c) No moneys may be transferred under paragraph (b ) from an appropriation derived from federal revenues. No moneys may be transferred under paragraph (b) if the transfer would violate the state or federal constitution, any state or federal law not specified in paragraph (b), or a requirement imposed by the federal government as a condition to receipt of aids by this state.

AB548,14,7 (d) The secretary of administration shall not transfer moneys under paragraph (b) from an appropriation account to the department of transportation under section 20.395 (3) (bq), (cq), or (cr) of the statutes, other than moneys for department operations and services engaged under section 84.01 (13) of the statutes.

AB548,14,20 (e) Prior to making any transfer under paragraph (b ), the secretary of administration shall notify the cochairpersons of the joint committee on finance in writing of the proposed transfer. If the cochairpersons do not notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the proposed transfer within 14 working days after the date of the secretary's notification, the secretary may make the proposed transfer. If, within 14 working days after the date of the secretary's notification, the cochairpersons of the committee notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the proposed transfer, the secretary shall not make the proposed transfer unless the committee approves the proposed transfer or modifies and approves the proposed transfer. If the committee modifies and approves the proposed transfer, the secretary may make the proposed transfer only as modified by the committee.

AB548,14,22 (f) Paragraphs (a ) to (e) do not apply after the date of publication of the 2017-19 biennial budget act.

AB548,12 Section 12. Effective date.

AB548,15,2 (1) This act takes effect on July 1, 2015, or on the 2nd day after publication of the 2015-17 biennial budget act, whichever is later.

AB548,15,3 (End)