13.48(2)(h)1.c.
c. "Passive solar energy system" means a solar energy system which operates without mechanical means.
13.48(2)(h)1.d.
d. "Photovoltaic solar energy system" means a solar energy system which converts solar energy directly into electricity.
13.48(2)(h)1.e.
e. "Renewable energy resource system" means a solar energy system or a wind energy system. "Renewable energy resource system" does not include any equipment which would be present as part of a conventional energy system; any equipment which would be present as part of a system primarily used to heat a swimming pool; or a passive solar system which serves a dual purpose, as defined by the building commission by rule. "Dual purpose" includes, but is not limited to, a passive solar system serving also as a structural component, a greenhouse or a living space.
13.48(2)(h)1.f.
f. "Solar energy" means radiant energy received from the sun.
13.48(2)(h)1.g.
g. "Solar energy system" means equipment which directly converts and then transfers or stores solar energy into usable forms of thermal or electrical energy.
13.48(2)(h)2.
2. The building commission may not authorize the release of funds for bidding and construction of any new building, structure, major remodeling or building addition as enumerated in the authorized state building program as required by
s. 20.924 (1) (a) and
(b), or such other projects as the building commission determines to be appropriate, unless the design concept does all of the following for purposes of space heating and cooling and water heating:
13.48(2)(h)2.a.
a. Provide maximum practical use of passive solar energy system design elements, including daylight lighting designs.
13.48(2)(h)2.b.
b. Offer life-cycle cost estimates of the energy resource consuming system of the facility.
13.48(2)(h)2.c.
c. Unless not justified on the basis of a technical and economic feasibility evaluation, incorporate an active solar energy system or photovoltaic solar energy system or other renewable energy resource system.
13.48(2)(i)
(i) In this paragraph, "life-cycle costing" means an economic evaluation of purchases or capital construction which considers all relevant costs associated with each purchase or building during its economic life, including, but not limited to, energy costs, acquisition and conversion, money, transportation, warehousing and distribution, training, operation and maintenance and disposition or resale. The building commission shall establish procedures requiring life-cycle costing for the design and location of any new building, structure, major remodeling or building addition as enumerated in the authorized state building program under
s. 20.924 (1) (a) and
(b), and for such other projects as the building commission determines to be appropriate. The building commission may not authorize the release of funds for construction of any new building, structure, major remodeling or building addition unless the requirements of the life-cycle costing procedures have been satisfied.
13.48(2)(j)
(j) No later than the first day of the 7th month after the effective date of each biennial budget act, the secretary of employment relations shall report to the building commission, in writing, regarding the desirability of including plans for day care facility space in the plans for any construction or major remodeling project, enumerated in the state building program in the biennial budget act, for any state office building. Based upon the report of the secretary of employment relations, the building commission may direct that plans for day care facility space be included in the plans for that construction or major remodeling project.
13.48(2)(k)1.1. In designing the construction or renovation of central steam generating facilities, the building commission shall employ a design for the cogeneration of steam and electricity unless the building commission determines that such a design is not cost-effective and technically feasible. The building commission may not release funds for the construction of a new central steam generating facility unless the requirements of this subdivision have been satisfied.
13.48(2)(k)2.
2. To the greatest extent cost-effective and technically feasible, the building commission shall ensure that state owned or operated steam generating facilities are designed to allow the use of biomass fuels and refuse-derived fuels.
13.48(3)
(3) State building trust fund. In the interest of the continuity of the program, the moneys appropriated to the state building trust fund under
s. 20.867 (2) (f) shall be retained as a nonlapsing building depreciation reserve. Such moneys shall be deposited into the state building trust fund. At such times as the building commission directs, or in emergency situations under
s. 16.855 (16) (b), the governor shall authorize releases from this fund to become available for projects and shall direct the department of administration to allocate from this fund such amounts as are approved for these projects. In issuing such directions, the building commission shall consider the cash balance in the state building trust fund, the necessity and urgency of the proposed improvement, employment conditions and availability of materials in the locality in which the improvement is to be made. The building commission may authorize any project costing $500,000 or less in accordance with priorities to be established by the building commission and may adjust the priorities by deleting, substituting or adding new projects as needed to reflect changing program needs and unforeseen circumstances. The building commission may enter into contracts for the construction of buildings for any state agency and shall be responsible for accounting for all funds released to projects. The building commission may designate the department of administration or the agency for which the project is constructed to act as its representative in such accounting.
13.48(4)
(4) State agencies to report proposed projects. Each state agency contemplating a project under this program shall report its proposed projects to the building commission on such date and in such manner as the building commission prescribes.
13.48(5)
(5) Assistance to building commission. 13.48(5)(a)(a) The department of administration shall assist the building commission in the performance of its duties. The department of administration shall, when requested by the building commission, make or cause to be made such studies, preliminary plans and specifications and cost estimates with respect to any proposed project as are necessary to permit the building commission to consider intelligently the approval or disapproval of the project and the appropriation of funds. The costs of such studies shall be charged against the building trust fund.
13.48(5)(b)
(b) Whenever the building commission considers any proposal for the construction of a new correctional institution or the expansion of an existing correctional institution, the department of administration shall provide the commission with information concerning annual operating costs, including staffing costs, that will result from such construction or expansion in connection with consideration of that proposal.
13.48(6)
(6) Review of projects. All reports submitted as provided by
sub. (4) shall be reviewed by the building commission, which shall make its report as soon after November 20 as is possible. Such report shall include specific recommendations and establish priorities for the next 3 biennia from among all projects submitted which the building commission deems essential and shall recommend additional appropriations if necessary for the execution thereof. The building commission shall include in its report an appraisal and recommendation of available and alternative methods of financing buildings for the use of state agencies and shall file copies of its report with the governor-elect.
13.48(7)
(7) Biennial recommendations. The building commission shall prepare and formally adopt recommendations for the long-range state building program on a biennial basis. Unless a later date is requested by the building commission and approved by the joint committee on finance, the building commission shall, no later than the first Tuesday in April of each odd-numbered year, transmit its recommendations for the succeeding fiscal biennium that require legislative approval to the joint committee on finance in the form of proposed legislation prepared in proper form.
13.48(8)
(8) Expansion at Green Bay correctional institution outside of walls prohibited. Further expansion at Green Bay correctional institution outside of the walls is prohibited.
13.48(10)
(10) Approval by building commission. 13.48(10)(a)(a) No state board, agency, officer, department, commission or body corporate may enter into a contract for the construction, reconstruction, remodeling of or addition to any building, structure, or facility, which involves a cost in excess of $100,000, without completion of final plans and arrangement for supervision of construction and prior approval by the building commission. The building commission may not approve a contract for the construction, reconstruction, renovation or remodeling of or an addition to a state building as defined in
s. 44.51 (2) unless it determines that
s. 44.57 has been complied with or does not apply. This section applies to the department of transportation only in respect to buildings, structures and facilities to be used for administrative or operating functions, including buildings, land and equipment to be used for the motor vehicle emission inspection and maintenance program under
s. 110.20.
13.48(10)(b)
(b) This subsection does not apply to any of the following:
13.48(10)(b)1.
1. Contracts by the department of natural resources for construction work related to hazardous substance spill response under
s. 292.11 or environmental repair under
s. 292.31.
13.48(10)(b)2.
2. Projects approved by the governor in response to emergency situations under
s. 16.855 (16) (b) or to allocations from the appropriation made under
s. 20.867 (2) for special category projects when the building commission has released funds under
sub. (3) and has also approved a plan for the expenditure of those funds. "Special category projects" for the purpose of this subdivision include projects such as special maintenance, energy conservation, handicapped access and advance property acquisition designated by the building commission.
13.48(10)(b)3.
3. Construction or improvement projects of the University of Wisconsin Hospitals and Clinics Authority.
13.48(10)(b)4.
4. Build-operate-lease or transfer agreements by the department of transportation for transportation projects under
s. 84.01 (30).
13.48(11)
(11) Exceptions. Nothing in this section prohibits the use of past policies and existing statutory authority to borrow funds for the construction of buildings.
13.48(12)
(12) Privately owned or operated facilities. 13.48(12)(a)(a) Except as provided in
par. (b), no state board, agency, officer, department, commission or body corporate which has authority to permit a privately owned or operated facility to be constructed on state-owned land may permit a facility that would be privately owned or operated to be constructed on state-owned land without prior approval of the building commission.
13.48(12)(b)
(b) This subsection does not apply to any of the following:
13.48(12)(b)1.
1. A facility constructed by or for corporations having condemnation authority under
s. 32.02 (3) to
(10) and
(13) for purposes for which the corporation would have condemnation authority.
13.48(12)(b)2.
2. A facility constructed by or for the state fair park board, if the cost of constructing the facility does not exceed the amount specified in
sub. (3).
13.48(13)
(13) Application of laws, rules, codes, ordinances and regulations. 13.48(13)(a)(a) Except as provided in
par. (b) or
(c), every building, structure or facility that is constructed for the benefit of or use of the state, any state agency, board, commission or department, the University of Wisconsin Hospitals and Clinics Authority or any local professional baseball park district created under
subch. III of ch. 229 if the construction is undertaken by the department of administration on behalf of the district, shall be in compliance with all applicable state laws, rules, codes and regulations but the construction is not subject to the ordinances or regulations of the municipality in which the construction takes place except zoning, including without limitation because of enumeration ordinances or regulations relating to materials used, permits, supervision of construction or installation, payment of permit fees, or other restrictions.
13.48(13)(b)
(b) Every building, structure or facility that is constructed at state fair park shall be in compliance with all applicable state laws, rules and codes but is not subject to zoning or any other ordinances or regulations of the municipality in which the park is located.
13.48(13)(c)
(c) No construction undertaken by the state for the purpose of renovation of the state capitol building is subject to any state law, rule, code or regulation, or any zoning ordinance or regulation of the city of Madison, governing such construction.
13.48(14)(am)
(am) Subject to
par. (d), the building commission shall have the authority to sell or lease all or any part of a state-owned building or structure or state-owned land, including farmland, where such authority is not otherwise provided to an agency by law, and may transfer land under its jurisdiction among agencies.
13.48(14)(b)
(b) Subject to
par. (d), the building commission shall sell or lease on the basis of either public bids, with the building commission reserving the right to reject any or all bids in the best interest of the state, or negotiated prices. Buildings, structures and land mentioned in this subsection shall be subject to general property taxes levied by those taxing bodies within whose area they lie if used for commercial purposes, and shall be subject to special assessments for public improvements in the same manner and to the same extent as privately owned buildings, structures and land, subject to approval of the building commission when required under
s. 66.60 (4).
13.48(14)(c)
(c) If there is any outstanding public debt used to finance the acquisition of a building, structure or land or the construction of a building or structure that is sold or leased under
par. (b), the building commission shall deposit a sufficient amount of the net proceeds from the sale or lease of the building, structure or land in the bond security and redemption fund under
s. 18.09 to repay the principal and pay the interest on the debt, and any premium due upon refunding any of that debt. If there is no such debt outstanding, or, if the net proceeds exceed the amount required to repay that principal and pay that interest and premium, the building commission shall credit the net proceeds or remaining net proceeds to the appropriation account under
s. 20.865 (4) (a).
13.48(14)(d)1.1. In this paragraph, "surplus land" means land under the jurisdiction of the commission and allocated for use by an agency, but unused and not needed for the agency's operations or included in the agency's plan for construction or development.
13.48(14)(d)2.
2. Biennially, beginning on January 1, 1984, each agency having surplus land shall submit to the building commission and the joint committee on finance an inventory containing the location, description and fair market value of each parcel of surplus land.
13.48(14)(d)3.
3. Except as provided in
subd. 4., the commission shall annually, beginning January 1, 1984, submit to the joint committee on finance an inventory of surplus land containing the following information for each parcel:
13.48(14)(d)3.b.
b. Whether the commission intends to sell or transfer the use of the parcel from one agency to another agency.
13.48(14)(d)3.c.
c. If the commission intends to transfer use of the parcel from one agency to another agency, whether transfer of the parcel is critical or desirable.
13.48(14)(d)4.
4. If the commission proposes to sell or transfer a parcel of surplus land having a fair market value of at least $20,000, the commission shall notify the joint committee on finance in writing of its proposed action. If the cochairpersons of the committee do not notify the commission that the committee has scheduled a meeting for the purpose of reviewing the proposed sale or transfer within 14 working days after the date of the commission's notification, the parcel may be sold or transferred by the commission. If, within 14 working days after the date of the commission's notification, the cochairpersons of the committee notify the commission that the committee has scheduled a meeting for the purpose of reviewing the proposed sale or transfer, the parcel may be sold or transferred under this subdivision only upon approval of the committee.
13.48(14)(e)
(e) If the state office building located at 3319 West Beltline highway in Dane county is sold by the state, the building commission shall ensure that the transferee pays $476,228 from the proceeds of the sale to the Wisconsin Public Broadcasting Foundation, if the foundation exists at the time of the transfer.
13.48(15)
(15) Acquisition of leasehold interests. The building commission shall have the authority to acquire leasehold interests in land and buildings where such authority is not otherwise provided to an agency by law.
13.48(16)
(16) Madison downtown state office facilities. The eminent domain authority of the building commission under
ch. 32 is limited to the acquisition of such parcels of land as it deems necessary for a site for Madison downtown state office facilities, whenever the building commission is unable to agree with the owner upon the compensation therefor, or whenever the absence or legal incapacity of such owner, or other cause prevents or unreasonably delays such agreement.
13.48(17)
(17) Advanced land acquisition. In the interest of preventing land speculation the building commission may acquire property within the blocks bordered by East Washington Avenue, South Webster Street, East Wilson Street and South Hancock Street in the city of Madison for possible future construction.
13.48(18)
(18) Acquisition of open spaces. The building commission may acquire property adjacent to or within 2 blocks of any state facility for the purpose of establishing and developing open green spaces or possible future construction. Any acquisition in the city of Madison within block number 72, 73, 74, 75, 76, 77, 83, 84, 89, 90, 99, 100, 101, 102, 103 or 104 of the original plat of the city is exempt from enumeration under
s. 20.924 (1) if such acquisition is to be solely used to meet the space needs of the state law library, the legislative reference bureau library and legislative and judicial branch agencies and support staffs.
Effective date note
NOTE: Sub. (18) is amended by
1997 Wis. Act 5, eff. 7-1-02 or upon completion of acquisition of property sufficient for the construction of a facility to meet the space needs of the state law library, the legislative reference bureau library and legislative and judicial branch agencies and support staffs, to read:
13.48 Note
(18) Acquisition of open spaces. The building commission may acquire property adjacent to or within 2 blocks of any state facility for the purpose of establishing and developing open green spaces or possible future construction.
13.48(19)
(19) Alternatives to state construction. Whenever the building commission determines that the use of innovative types of design and construction processes will make better use of the resources and technology available in the building industry, the building commission may waive any or all of
s. 16.855 if such action is in the best interest of the state and if the waiver is accomplished through formal action of the building commission. The building commission may authorize the lease, lease purchase or acquisition of such facilities constructed in the manner authorized by the building commission. The building commission may also authorize the lease, lease purchase or acquisition of existing facilities in lieu of state construction of any project enumerated in the authorized state building program.
13.48(20)
(20) Residence halls. The building commission may approve the sale or lease of state-owned residence halls by the board of regents of the university of Wisconsin system to another state agency or a nonstate nonprofit agency for purposes provided in
s. 36.11 (1) (e).
13.48(21)
(21) Debt increase for medical college of Wisconsin. 13.48(21)(a)(a) The building commission may authorize up to $8,000,000 of general fund supported borrowing to aid in the construction of a basic science education facility at the medical college of Wisconsin. Prior to the approval of any state funding commitment, the building commission must satisfy itself that the medical college of Wisconsin has secured additional funding commitments of at least $34,000,000 from other nonstate revenue sources; that such revenue sources are reasonable and available; that the nonstate funding commitments will not exceed $10,000,000 in borrowed funds, the repayment of which shall be amortized over a period of years equal to at least three-fourths of the amortization period for retirement of the bond issue authorized under
s. 20.866 (2) (zb), and that the nonstate funding commitment will not jeopardize the operating funds of the medical college; and that the total funding commitments will enable the signing of contracts for the construction of a complete basic sciences educational facility. If the building commission authorizes a construction grant to the medical college of Wisconsin, the medical college, in return, shall provide the state with an option-to-purchase with the following provisions:
13.48(21)(a)1.
1. The option price shall be the appraised fair market value at the time the option is exercised, less a credit recognizing the amount of the state's initial grant. The option shall be subject to any mortgage or other security interest of any private lenders and to the lease existing between the college and Milwaukee county.
13.48(21)(a)2.
2. The option could be exercised only upon the occurrence of any one of the 3 following events:
13.48(21)(a)2.a.
a. Suspension of operation of a medical school by the medical college of Wisconsin or any successor organization;
13.48(21)(b)
(b) If the state does not wish to exercise the option, and if the building is sold to any third party, such agreement shall provide that the state has the right to receive an amount equal to construction grant from the net proceeds of any such sale after the mortgage has been satisfied and all other secured debts have been paid. This right shall be paramount to the right of the college to the proceeds upon such sale.
13.48(22)
(22) Sale or lease of capitol area lands. The building commission may lease or resell lands acquired in the capitol planning area for public or private redevelopment and may set such conditions of sale or lease as it deems necessary to ensure development compatible with the needs of the community and the state.
13.48(23)
(23) Lease of space for commercial use. The building commission may lease space in state office buildings for commercial use, including without limitation because of enumeration, retail, service and office uses. In doing so the building commission shall consider the cost and fair market value of the space as well as the desirability of the proposed use. Such leases may be negotiated or awarded by competitive bid procedures. All such leases of space in state office buildings shall provide for payments in lieu of property taxes.
13.48(24)
(24) Terms on debt for maintenance projects. The building commission shall limit the term of debt issued to finance maintenance projects.
13.48(25)
(25) Wisconsin initiative for state technology and applied research. There is created a program, to be known as the Wisconsin initiative for state technology and applied research, for the purpose of providing financial support to maintain the ability of the university of Wisconsin system and other state agencies, as defined in
s. 20.001 (1), to attract federal and private research funds which enable the state to engage in high-technology endeavors, which expand the state's economy and which influence the ability of the state and nation to compete in an increasingly complex world. To carry out the program, the building commission may authorize new construction projects and projects to repair and renovate existing research facilities and supporting systems. Projects shall be financed from the appropriation under
s. 20.866 (2) (z) or as otherwise provided in the authorized state building program.
13.48(25m)
(25m) Healthstar program. There is created a program, to be known as the healthstar program, for the purpose of providing financial support to attract federal and private funds to construct health science facilities to spur interdisciplinary education and research activities at the University of Wisconsin-Madison. Projects financed under the program shall be designed to provide interdisciplinary health sciences education and research facilities, ancillary systems and supporting infrastructure. Projects shall be financed from the appropriation under
s. 20.866 (2) (z) or as otherwise provided in the authorized state building program.
13.48(26)
(26) Environmental improvement annual finance plan approval. The building commission shall review the versions of the biennial finance plan and any amendments to the biennial finance plan submitted to it by the department of natural resources and the department of administration under
s. 281.59 (3) (bm) and the recommendations of the joint committee on finance and the standing committees to which the versions of the biennial finance plan and any amendments were submitted under
s. 281.59 (3) (bm). The building commission shall consider the extent to which that version of the biennial finance plan that is updated to reflect the adopted biennial budget act will maintain the funding for the clean water fund program and the safe drinking water loan program, in the environmental improvement fund, in perpetuity. The building commission shall consider the extent to which the implementation of the clean water fund program, the safe drinking water loan program and the land recycling loan program, as set forth in the biennial finance plan updated to reflect the adopted biennial budget act, implements legislative intent on the clean water fund program, the safe drinking water loan program and the land recycling loan program. The building commission shall, no later than 60 days after the date of enactment of the biennial budget act, either approve or disapprove the biennial finance plan that is updated to reflect the adopted biennial budget act, except that the building commission may not disapprove those amounts that the legislature approves under
s. 281.59 (3e) (a),
(3m) (a) and
(3s) (a). If the building commission disapproves the version of the biennial finance plan that is updated to reflect the adopted biennial budget act, it must notify the department of natural resources and the department of administration of its reasons for disapproving the plan, and those departments must revise that version of the biennial finance plan and submit the revision to the building commission.
13.48(27)
(27) Lease of correctional facilities. The building commission may lease any facility for use of the department of corrections as a part of the authorized state building program, with an option to purchase the facility by the state. Any lease shall provide for the facility to be in accordance with requirements and specifications approved by the department of administration and shall permit inspection of the site and facility by agents of the department.
13.48(28)
(28) State property leased to the University of Wisconsin Hospitals and Clinics Authority. The building commission may not authorize public debt to construct or improve any on-campus facilities, as defined under
s. 233.01 (7), if the building commission believes, at the time that the public debt is authorized, that the facilities are or will be leased to the University of Wisconsin Hospitals and Clinics Authority.
13.48(29)
(29) Small projects. Except as otherwise required under
s. 16.855 (10m), the building commission may prescribe simplified policies and procedures to be used in lieu of the procedures provided in
s. 16.855 for any project the estimated construction cost of which does not exceed $100,000.
13.48 History
History: 1971 c. 125;
1973 c. 90;
1973 c. 243 s.
82;
1973 c. 335 s.
13;
1975 c. 39,
40,
198,
199;
1977 c. 26;
1977 c. 29 ss.
7,
8r,
1654 (8) (c);
1977 c. 325;
1977 c. 418 ss.
5,
5m,
924 (18) (c);
1979 c. 34,
221,
350;
1981 c. 341;
1983 a. 27 ss.
11 to
12n,
2202 (5);
1983 a. 36 ss.
18 to
20,
96 (3);
1983 a. 207;
1985 a. 29,
120;
1987 a. 27,
186,
395,
399;
1989 a. 31,
366;
1991 a. 39,
269,
315;
1993 a. 16,
288,
414;
1995 a. 27,
216,
225,
227;
1997 a. 5,
27,
35,
237.
13.48 Annotation
"Final plans" requirement of (10) was satisfied where plans were adequate to award contract under design/build process. Waiver standards under (19) are sufficient. This section does not violate separation of powers doctrine. J. F. Ahern Co. v. Building Commission, 114 W (2d) 69, 336 NW (2d) 679 (Ct. App. 1983).
13.48 Annotation
State building projects that necessitate construction of utility services, sidewalks, driveway entrances, etc. are not subject to municipal control or regulation. (See also Hartford Union H.S. v. Hartford, 51 W (2d) 591.) 59 Atty. Gen. 62.
13.48 Annotation
Building commission release or use of building trust funds discussed. 61 Atty. Gen. 332.
13.48 Annotation
The building commission has the power of condemnation under sub. (16) for the acquisitions authorized by sub. (17), and also for acquisitions under sub. (18) provided the acquisitions fall within the criteria of sub. (16). The commission must file the plan called for in s. 32.25 whenever it contemplates engaging in land acquisition activities for which the power of condemnation exists under law. 63 Atty. Gen. 290.
13.48 Annotation
Under sub. (13), state is subject to local zoning when remodeling a newly acquired or leased facility. 67 Atty. Gen. 251.
13.48 Annotation
Money resulting from extinguishment of public debt under s. 18.10 (10) is appropriated by s. 20.867 (2) (q) to long-range building program. 68 Atty. Gen. 320.
13.48 Annotation
Subject to certain limitations, lease of state office building space to commercial enterprise serving both state employes and general public is constitutional. Such leases do not require bidding. 69 Atty. Gen. 121.
13.48 Annotation
Sub. (13) does not subject DNR to local zoning with respect to its construction of any facility whose purpose is to assure public access to outdoor recreational areas, rather than to facilitate DNR's internal operations.
81 Atty. Gen. 56.
13.482
13.482
State public building corporation.
