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Bills from the 2009–10 session

Senate Bill 616

Energy conservation standards for the construction of certain buildings, energy and environmental design standards for state buildings, structures, and facilities, energy and environmental design standards for school district facilities and other local government buildings, leasing of state buildings, structures, and facilities, standards for the construction and use of graywater systems, granting rule-making authority, and making an appropriation

Topics: Administration, Department of: Agency and general functions, Building, Building Commission, State, Commerce, Department of, Energy conservation, Housing, Public building, Public works, Reports, School: Building, State office building, Water supply

Vetoed by the governor

Both chambers passed it, and the governor vetoed it on May 19, 2010. Lawmakers did not ⁠, so it stands.

  1. Introduced, passed

    Mar 15, 2010

  2. Committee, passed

    Approved

  3. Senate vote, passed

    Passed Apr 20, 2010

  4. Assembly vote, passed

    Passed 59 to 38

  5. Governor, stopped here

    Vetoed May 19, 2010.

  6. Law, not reached

Latest entry in the official record, May 26, 2010: “Failed to pass notwithstanding the objections of the Governor pursuant to Joint Rule 82”

Read the governor's veto message · All vetoes this session

Read the bill

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What it would have done

Summary by the , the Legislature's nonpartisan drafting office. It's their wording, not ours.

Currently, with certain exceptions, the Department of Administration (DOA) must ensure that the specifications for each state construction project require the use of recovered and recycled materials to the extent that such use is technically and economically feasible. With certain exceptions, DOA must also prescribe and enforce energy efficiency standards for energy consuming equipment that is installed in connection with state construction projects. The standards must meet or exceed specified statutory standards. The Building Commission must also apply these standards when entering into certain leases on behalf of the state. Current law also requires the commission to employ a design for cogeneration of steam and electricity in state-owned central steam generating facilities unless the commission determines that such a design is not cost-effective and technically feasible.

Currently, the commission must also ensure that state-operated steam generating facilities are designed to allow the use of biomass fuels and refuse-derived fuels to the greatest extent cost-effective and technically feasible. In addition, under current law, the commission is prohibited from approving the construction or major remodeling of or addition to any state building or structure unless the building or structure makes maximum practical use of passive solar energy system design elements and, unless not technically or economically feasible, incorporates an active solar energy system or photovoltaic solar energy system or other renewable energy system.

Read the full summary

This bill directs DOA and the Building Commission to ensure that the plans and specifications for each major state construction project (each project for the construction of any new state building, structure, or facility containing at least 10,000 gross square feet of conditioned space, or for the repair, renewal, or renovation, of any existing building, structure, or facility for occupancy by any state entity if the building, structure, or facility contains at least 10,000 gross square feet of conditioned space and the project affects more than 50 percent of the existing gross square feet of conditioned space in the 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) conform at a minimum to the requirements under the LEED Green Building Rating System at the silver performance level, as prescribed by the Department of Commerce (Commerce) based upon the standards of the U.S. Green Building Council. Upon completion of a major state construction project, the bill directs DOA to 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 bill also directs DOA and the Building Commission to ensure that each such building, structure, or facility conforms to specific standards specified by Commerce that are derived from various national and international building codes for energy performance, ventilation components, indoor air quality performance, and water usage level. The bill also directs DOA and the commission to ensure that each project to construct such a building, structure, or facility for the state shall conform to specified requirements for recycling of construction waste and demolition materials. In addition, the bill directs the commission to enforce compliance with the bill's requirements with respect to all major construction projects whenever the buildings, structures, or facilities being constructed are purchased by the state under a purchase agreement or whenever construction, repair, renewal, renovation, or expansion of a building, structure, or facility is performed for the state under a lease agreement with option to purchase.

The bill also directs the Building Commission to apply all moneys available for its use under the Authorized State Building Program to achieve certification as of January 1, 2015, by the U.S. Green Building Council for not less than 15 percent of the gross square footage of conditioned space owned or leased by state agencies, as determined by DOA, as conforming at a minimum to the LEED energy performance requirements for the operation and maintenance of existing buildings. In addition, the bill directs DOA to promulgate rules that require the Building Commission to continue to apply all moneys available for its use under the Authorized State Building Program during the period from January 1, 2015, to January 1, 2030, to achieve certification by the U.S. Green Building Council for greater percentages of the gross square footage of conditioned space owned or leased by state agencies as meeting minimum LEED performance requirements for the operation and maintenance of existing buildings by specified dates.

Currently, DOA has responsibility for the negotiation and administration of leases of real property by this state, except as otherwise provided by law. The Building Commission has authority to approve leases of real property by the state, except as otherwise provided by law. This bill directs DOA, before entering into any lease, or renewing or extending any lease, for improved real property to be used by a state agency, to require the prospective lessor to disclose the energy use intensity for the total property and the annual energy usage for the total property, calculated in accordance with Energy Star standards, as determined by Commerce, and to verify and forward that information to the Building Commission. The bill directs DOA to require other state agencies that have authority to enter into leases for improved real property to obtain and forward the same information to the Building Commission before entering into, or renewing or extending, any lease for real property. The bill then prohibits the Building Commission from approving any lease for improved real property to be used by this state containing at least 10,000 square feet of conditioned space unless DOA certifies to the commission that the energy use intensity for the total property and the annual energy usage for the total property conform to Energy Star standards at a level sufficient to conform at a minimum to the threshold for compliance with the LEED Green Building Rating System for existing buildings-operation and maintenance performance requirements, as determined by Commerce. The bill directs the Building Commission to obtain certification by the U.S. Green Building Council that any such property conforms at a minimum to the requirements for certification at the LEED silver level. The bill directs the Building Commission to require other state agencies that have authority to enter into leases for improved real property, to certify to the commission, before entering into, or renewing or extending, any lease for real property to be used by this state, that the energy use intensity for the total property and the annual energy usage for the total property conform to the same standards.

The bill also requires DOA, with limited exceptions, to ensure that major state buildings, structures, and facilities that are constructed by or for the state conform to specified energy performance standards at increasingly stringent levels by specified dates beginning on the first day of the 7th month beginning after the day the act resulting from the bill becomes law and ending on January 1, 2030, by which date all major state buildings, structures, and facilities that are constructed by or for the state must achieve a zero net energy level of energy performance. In addition, the bill directs DOA to report annually to the governor and the Building Commission concerning the percentage level of adherence to the requirements imposed upon DOA under the bill that become effective on a date later than the end of the preceding year and the percentage level of adherence to the requirement imposed upon the Building Commission to apply all moneys available to the commission to achieve certification for at least 15 percent of conditioned space in existing owned or leased state buildings, structures, or facilities as conforming at a minimum to the LEED energy performance standards specified in the bill.

Under current law, Commerce is required to promulgate an energy conservation code that sets design requirements for construction and equipment for the purpose of energy conservation in public buildings and places of employment.

Commerce must consider incorporating into the energy conservation code design requirements from the most current national energy efficiency design standards, including the International Energy Conservation Code (IECC) or another energy efficiency code that is generally accepted and used by engineers and the construction industry. Current law requires that Commerce review the code on a regular basis, including whenever there is a revision of the IECC, and update the code accordingly.

This bill requires Commerce to incorporate into the energy conservation code a standard that is based upon a specific standard of the American Society of Heating, Refrigerating and Air Conditioning Engineers (ASHRAE) and eliminates the requirement to use other standards specified under current law. As with the revision requirements under current law, the bill requires Commerce to update the code whenever the ASHRAE standard is revised.

Current law also requires Commerce to promulgate rules for ventilation systems in public buildings and places of employment. This bill requires Commerce to incorporate a specific ASHRAE standard into those rules and to update the rules when the standard is revised.

Under current law, a city, village, town, or county may exercise jurisdiction over the construction of new dwellings by passing an ordinance, provided that the ordinance meets the requirements of the one- and two-family dwelling code under current law, this bill provides that such an ordinance may exceed the requirements of that code as they relate to energy conservation in the construction of new dwellings.

This bill authorizes Commerce to promulgate rules that establish standards for the installation of graywater and rainwater systems and that 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. Under the bill, graywater is defined as wastewater generated from the use of a clothes washer, sink, shower, or bathtub.

This bill also imposes on a political subdivision (any city, village, town, or county) certain requirements for a major construction project. Under the bill, a major construction project means a project for the construction of a public building by or for a political subdivision that will contain at least 10,000 gross square feet of office space, or for the repair, renewal, or renovation of an existing public building that contains such space if the repair, renewal, renovation, or expansion affects more than 50 percent of the existing building, or for the expansion of an existing public building that adds at least 10,000 gross square feet of such space. The requirements imposed on a political subdivision under the bill are based on the requirements that the bill imposes on DOA and the Building Commission for a major state construction project.

The bill requires a political subdivision to ensure that the plans and specifications for each major construction project conform at a minimum to the requirements for certification at the silver performance level under the LEED Green Building Rating System, as prescribed by Commerce and based on the standards of the U.S. Green Building Council, and 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 that apply to a major state construction project of DOA and the Building Commission. Upon completion of a major construction project, the bill requires a political subdivision to obtain certification from the U.S. Green Building Council that the project meets at least the minimum standards for certification at the LEED silver level.

This bill imposes similar requirements for major construction projects of school districts. Each school board must ensure that the plans and specifications for each major construction project conform at a minimum to the requirements of the LEED Green Building Rating System at the silver performance level, as prescribed by Commerce. Upon the request of a school district, the state must pay all necessary LEED registration and certification fees on behalf of the school district. Upon completion of a major construction project, a school district must obtain certification from the U.S. Green Building Council that the project conforms at a minimum to the standards for certification at the LEED silver level. The bill also directs each school board to 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 standards specified by Commerce that are derived from various national and international building codes.

Who's behind it

2 senators are its ⁠. 1 is a Democrat and 1 is a Republican.

8 more lawmakers ⁠.

See all 10 names

Authors (2)

Signed on in support (8)

What it would cost

State agencies filed a . Each opens as a PDF from the Legislature.

Versions and amendments

Every text the Legislature printed for this bill, including proposed changes. Each opens on the Legislature's site.

How lawmakers voted

There were 3 votes on this bill.

Senate Committee on Ethics Reform and Government Operations vote on an amendment

Passed, 4 to 1 · Apr 15, 2010

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Report adoption of Senate Amendment 1 recommended by committee on Ethics Reform and Government Operations, Ayes 4, Noes 1”. Official record · This vote on its own page

Senate vote to pass it

Passed, 19 to 14 · Apr 20, 2010

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Read a third time and passed, Ayes 19, Noes 14”. Official record · This vote on its own page

Assembly vote to pass it

Passed, 59 to 38 · Apr 22, 2010

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Read a third time and concurred in, Ayes 59, Noes 38”. Official record · This vote on its own page

What happened

  1. May 26, 2010

    The veto stood. Lawmakers didn't override it.

  2. May 19, 2010

    The governor vetoed it.

  3. May 13, 2010

    Sent to the governor.

  4. Apr 22, 2010

    The Assembly passed it too, 59 to 38.

  5. Apr 20, 2010

    Sent to the Assembly Committee on Rules.

  6. Apr 20, 2010

    The Assembly received it.

  7. Apr 20, 2010

    The Senate passed it, 19 to 14.

  8. Apr 20, 2010

    The Senate adopted it.

  9. Apr 20, 2010

    “Placed at the foot of the 11th order of business on the calendar of 4-20-2010” (the official wording)

  10. Apr 16, 2010

    “Withdrawn from joint committee on Finance and made Available for Scheduling by committee on Senate Organization pursuant to Senate Rule 41 (1)(e)” (the official wording)

  11. Apr 16, 2010

    Sent to the Joint Committee on Finance.

  12. Apr 16, 2010

    A state agency sent in its estimate of the cost.

  13. Apr 15, 2010

    The committee voted to recommend passing it, 4 to 1.

  14. Apr 15, 2010

    “Report adoption of Senate Amendment 1 recommended by committee on Ethics Reform and Government Operations, Ayes 4, Noes 1” (the official wording)

  15. Apr 15, 2010

    A state agency sent in its estimate of the cost.

  16. Apr 6, 2010

    The committee held a public hearing.

  17. Mar 31, 2010

    A state agency sent in its estimate of the cost.

  18. Mar 29, 2010

    A state agency sent in its estimate of the cost.

  19. Mar 15, 2010

    Sent to the Senate Committee on Ethics Reform and Government Operations.

  20. Mar 15, 2010

    Introduced in the Senate.

See the official record, word for word
  1. Mar 15, 2010 · Senate

    Introduced by Senators Risser and Schultz;Cosponsored by Representatives Molepske Jr., Mason, Pasch, Roys, Pope-Roberts, Milroy, Sinicki and Berceau

  2. Mar 15, 2010 · Senate

    Read first time and referred to committee on Ethics Reform and Government Operations

  3. Mar 29, 2010 · Senate

    Fiscal estimate received

  4. Mar 31, 2010 · Senate

    Fiscal estimate received

  5. Mar 31, 2010 · Senate

    Fiscal estimate received

  6. Apr 5, 2010 · Senate

    Senate amendment 1 offered by Senator Risser

  7. Apr 6, 2010 · Senate

    Public hearing held

  8. Apr 15, 2010 · Senate

    Fiscal estimate received

  9. Apr 15, 2010 · Senate

    Executive action taken

  10. Apr 15, 2010 · Senate

    Report adoption of Senate Amendment 1 recommended by committee on Ethics Reform and Government Operations, Ayes 4, Noes 1

  11. Apr 15, 2010 · Senate

    Report passage as amended recommended by committee on Ethics Reform and Government Operations, Ayes 4, Noes 1

  12. Apr 15, 2010 · Senate

    Available for scheduling

  13. Apr 16, 2010 · Senate

    Fiscal estimate received

  14. Apr 16, 2010 · Senate

    LRB correction

  15. Apr 16, 2010 · Senate

    Referred to joint committee on Finance by committee on Senate Organization pursuant to Senate Rule 41 (1)(e)

  16. Apr 16, 2010 · Senate

    Withdrawn from joint committee on Finance and made Available for Scheduling by committee on Senate Organization pursuant to Senate Rule 41 (1)(e)

  17. Apr 16, 2010 · Senate

    Placed on calendar 4-20-2010 pursuant to Senate Rule 18(1)

  18. Apr 19, 2010 · Senate

    Senate amendment 2 offered by Senator Risser

  19. Apr 19, 2010 · Senate

    Senate amendment 3 offered by Senator Risser

  20. Apr 20, 2010 · Senate

    Read a second time

  21. Apr 20, 2010 · Senate

    Placed at the foot of the 11th order of business on the calendar of 4-20-2010

  22. Apr 20, 2010 · Senate

    Read a second time

  23. Apr 20, 2010 · Senate

    Senate substitute amendment 1 offered by Senators Risser and Miller

  24. Apr 20, 2010 · Senate

    Senate substitute amendment 1 adopted

  25. Apr 20, 2010 · Senate

    Ordered to a third reading

  26. Apr 20, 2010 · Senate

    Rules suspended

  27. Apr 20, 2010 · Senate

    Read a third time and passed, Ayes 19, Noes 14

  28. Apr 20, 2010 · Senate

    Ordered immediately messaged

  29. Apr 20, 2010 · Assembly

    Received from Senate

  30. Apr 20, 2010 · Assembly

    Read first time and referred to committee on Rules

  31. Apr 20, 2010 · Assembly

    Made a special order of business at 11:55 A.M. on 4-22-2010 pursuant to Assembly Resolution 26

  32. Apr 22, 2010 · Assembly

    Read a second time

  33. Apr 22, 2010 · Assembly

    Ordered to a third reading

  34. Apr 22, 2010 · Assembly

    Rules suspended

  35. Apr 22, 2010 · Assembly

    Read a third time and concurred in, Ayes 59, Noes 38

  36. Apr 22, 2010 · Assembly

    Ordered immediately messaged

  37. Apr 23, 2010 · Senate

    Received from Assembly concurred in

  38. Apr 27, 2010 · Senate

    Report correctly enrolled on 4-27-2010

  39. May 13, 2010 · Senate

    Presented to the Governor on 5-13-2010

  40. May 19, 2010 · Senate

    Report vetoed by the Governor on 5-19-2010

  41. May 24, 2010 · Senate

    Placed on calendar 5-25-2010 pursuant to Joint Rule 82(2)(a)

  42. May 26, 2010 · Senate

    Failed to pass notwithstanding the objections of the Governor pursuant to Joint Rule 82

Terms on this page

Veto override

Lawmakers can still pass a bill the governor vetoed, but it takes two-thirds of each chamber.

More in the glossary

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis. More in the glossary

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor. More in the glossary

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor. More in the glossary

Cost estimate

A state agency's estimate of what a bill would cost or save.

Official term: Fiscal estimate. More in the glossary

Roll call

A vote where each lawmaker's yes or no is recorded by name.

Official term: Roll call vote. More in the glossary

From the Wisconsin Legislature's official record, checked Sep 15, 2026. See the source

Veto override

Lawmakers can still pass a bill the governor vetoed, but it takes two-thirds of each chamber.

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor

Cost estimate

A state agency's estimate of what a bill would cost or save.

Official term: Fiscal estimate

Roll call

A vote where each lawmaker's yes or no is recorded by name.

Official term: Roll call vote