Wisconsin § 66.0133 - Energy savings performance contracting.

§ 66.0133. Energy savings performance contracting.

66.0133(1) (1) Definitions. In this section: 66.0133(1)(a) (a) “Energy conservation measure” means a facility alteration or training, service, or operations program designed to reduce energy consumption or operating costs, conserve water resources, improve metering accuracy, or ensure state or local building code compliance. 66.0133(1)(b) (b) “Local governmental unit” has the meaning given in s. 19.42 (7u) . 66.0133(1)(bg) (bg) “Operational savings” means savings from costs eliminated or avoided as a result of installing equipment or providing services. 66.0133(1)(c) (c) “Performance contract” means a contract for the evaluation and recommendation of energy conservation and facility improvement measures, and for the implementation of these measures. 66.0133(1)(d) (d) “Qualified provider” means a person, other than a local governmental unit, who is experienced in the design, implementation and installation of energy conservation and facility improvement measures and who has the ability to provide labor and material payment and performance bonds equal to the maximum amount of any payments due under a performance contract entered into by the person. 66.0133(2) (2) Authorization; report. 66.0133(2)(a) (a) 66.0133(2)(a)1. 1. Except as provided under subd. 2. , any local governmental unit may, in accordance with this section, enter into a performance contract with a qualified provider to reduce energy or operating costs, realize operational savings, conserve water resources, ensure state or local building code compliance, or enhance the protection of property of the local governmental unit. 66.0133(2)(a)2. 2. A performance contract with a qualified provider under this section may not allow a local governmental unit to increase the square footage of a facility unless the increase is necessary to make mechanical, electrical, or plumbing improvements in order to achieve reductions in energy consumption or to conserve water resources. 66.0133(2)(b) (b) Prior to entering into a performance contract for the implementation of any energy conservation or facility improvement measure, a local governmental unit shall obtain a report from a qualified provider containing recommendations concerning the amount the local governmental unit should spend on energy conservation and facility improvement measures. The report shall contain estimates of all costs of installation, modifications, or remodeling, including costs of design, engineering, maintenance, repairs and financing. In addition, the report shall contain a guarantee specifying a minimum amount by which energy or operating costs of the local governmental unit will be reduced or energy or water metering accuracy will be improved, if the installation, modification or remodeling is performed by that qualified provider. 66.0133(2)(c) (c) If, after review of the report under par. (b) , the local governmental unit finds that the amount it would spend on the energy conservation and facility improvement measures recommended in the report is not likely to exceed the amount to be saved in energy and operation costs, or the benefits to be obtained by improved metering accuracy, over the remaining useful life of the facility to which the measures apply, the local governmental unit may enter into the contract. 66.0133(3) (3) Notice. Notwithstanding ss. 27.065 (5) (a) ,