23.40(5)
(5) Authorized environmental consultant services. The department may enter into contracts for environmental consultant services under
s. 23.41 to assist in the preparation of an environmental impact statement or to provide preapplication services.
23.40(6)
(6) Exemption from fee for municipalities. Subsections (2) (b) and
(3) do not apply with respect to municipalities, as defined under
s. 345.05 (1) (c).
23.40 Cross-reference
Cross Reference: See also ch.
NR 150, Wis. adm. code.
23.41
23.41
Construction and service contracts. 23.41(1)(a)
(a) "Construction work" includes all labor and materials used in the erection, installation, alteration, repair, moving, conversion, demolition or removal of any building, structure or facility, or any equipment attached to a building, structure or facility.
23.41(1)(b)
(b) "Environmental consultant services" includes services provided by environmental scientists, engineers and other experts.
23.41(2)
(2) The department may contract for construction work related to hazardous substance spill response under
s. 292.11 or environmental repair under
s. 292.31 or for engineering services or environmental consultant services in connection with such construction work.
23.41(3)
(3) The department may contract for environmental consultant services to assist in the preparation of an environmental impact statement or to provide preapplication services under
s. 23.40.
23.41(4)
(4) Each contract entered into under this section shall be signed by the secretary or the secretary's designee on behalf of the state.
23.41(5)
(5) Each contract for construction work entered into by the department under this section shall be awarded on the basis of bids or competitive sealed proposals in accordance with procedures established by the department. Each contract for construction work shall be awarded to the lowest responsible bidder or the person submitting the most advantageous competitive sealed proposal as determined by the department. If the bid of the lowest responsible bidder or the proposal of the person submitting the most advantageous competitive sealed proposal is determined by the department to be in excess of the estimated reasonable value of the work or not in the public interest, the department may reject all bids or competitive sealed proposals. Every such contract is exempted from
ss. 16.70 to
16.75,
16.755,
16.76,
16.767 to
16.77,
16.78 to
16.82,
16.855,
16.87, and
16.89, but
ss. 16.528,
16.753,
16.754, and
16.765 apply to the contract. Every such contract involving an expenditure of more than $60,000 is not valid until the contract is approved by the governor.
23.41(5m)
(5m) If the governor or the governor's designee determines that it is in the best interest of this state, he or she may waive the requirement under
sub. (5) for bids or competitive sealed proposals under any of the following circumstances:
23.41(5m)(a)
(a) In an emergency involving the public health, welfare or safety or the environment.
23.41(5m)(b)
(b) The department desires to use innovative or patented technology that is available from only one source and that in the judgment of the department would provide the best practicable hazardous substance spill response under
s. 292.11 or environmental repair under
s. 292.31.
23.41(6)
(6) The department shall attempt to ensure that at least 5% of the total amount expended under this section in each fiscal year is paid to minority businesses, as defined in
s. 16.75 (3m) (a).
23.42
23.42
Environmental consulting costs for federal licensing of power projects. 23.42(1)
(1)
Definitions. In this section:
23.42(1)(a)
(a) "Applicant" means any person who files an application or submits a notification of intent under
16 USC 808 (b) with the commission.
23.42(1)(c)
(c) "Commission" means the federal energy regulatory commission.
23.42(1)(d)
(d) "Date of filing" means the date an applicant submits a notification of intent or the date an applicant files an application, whichever is earlier.
23.42(2)
(2) Authority. In order to carry out its consulting role to the commission under
16 USC 800,
802,
803,
808,
823a and
824a-3 and the federal regulations promulgated under those sections, the department may charge fees to applicants for reviewing and evaluating applications and notifications of intent under
16 USC 808 (b).
23.42(3)
(3) Fees. If the department charges fees under this section:
23.42(3)(a)
(a) The department shall charge fees only for the time it expends reviewing and evaluating an application or a notification of intent from the date of filing until the commission makes a determination whether or not to issue the license.
23.42(3)(b)
(b) The department shall determine the fee for each applicant by calculating the applicant's proportionate share of the costs incurred by the state in a fiscal year in reviewing or evaluating applications or notifications of intent under this section. The department shall calculate the proportionate share for an applicant by dividing the amount of horsepower, as authorized by the commission, of the applicant's power project by the total amount of horsepower, as authorized by the commission, of all power projects being reviewed or evaluated under this section during the fiscal year.
23.42(3)(c)
(c) The department may collect fees on a quarterly basis.
23.42(3)(d)
(d) The department shall deduct any amount it receives as reimbursement under
16 USC 823a for reviewing and evaluating an application or notification of intent from the fee it charges an applicant for reviewing that application or notification of intent.