THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY COHEN, GEORGE, DENLINGER, HARKINS, HORNAMAN, KORTZ, LONGIETTI, MELIO, M. O'BRIEN, PARKER, PAYTON, READSHAW, SIPTROTH AND YOUNGBLOOD, JUNE 5, 2009

REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, JUNE 5, 2009  

AN ACT

Providing for a grant program for the establishment and

operation of a solar and alternative energy testing

laboratory; and making an appropriation.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

CHAPTER 1

PRELIMINARY PROVISIONS

Section 101.  Short title.

This act shall be known and may be cited as the Pennsylvania

Solar and Alternative Energy Testing Laboratory Act.

Section 102.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Accredited testing program."  A laboratory testing program

that has been granted Solar Rating and Certification Corporation

accreditation.

"Department."  The Department of Environmental Protection of

the Commonwealth.

"Eligible entity."  Any of the following:

(1)  A not-for-profit institution of postsecondary

education approved by the Department of Education under the

act of December 15, 1986 (P.L.1585, No.174), known as the

Private Licensed Schools Act.

(2)  A not-for-profit scientific, research or industrial

standards-related organization located within this

Commonwealth.

(3)  A not-for-profit organization that provides energy

conservation and renewable energy generation services.

(4)  A not-for-profit subsidiary of any of the entities

described in paragraph (1), (2) or (3) or a combination

thereof and their subsidiaries.

"Program."  The Pennsylvania Solar and Alternative Energy

Testing Laboratory Grant Program established under this act.

"SRCC."  The Solar Rating and Certification Corporation.

CHAPTER 3

Pennsylvania Solar and Alternative Energy

Testing Laboratory Grant Program

Section 301.  Establishment.

The Pennsylvania Solar and Alternative Energy Testing

Laboratory Grant Program is established and shall be

administered by the department to provide grants for the

establishment and operation of a solar and alternative energy

testing laboratory within this Commonwealth that will be

certified by the SRCC.

Section 302.  Duties of department.

(a)  Guidelines and procedures.--

(1)  The department shall develop guidelines, procedures

and all applications necessary to implement the grant

program. The department shall submit the guidelines,

procedures and applications to the Legislative Reference

Bureau for publication in the Pennsylvania Bulletin within 60

days of the effective date of this section.

(2)  For a 14-day period starting two weeks after the

effective date of this section, the department shall accept

written and electronic comments about the potential role of a

solar and alternative energy laboratory and the potential

guidelines, procedures and applications for the grants.

(b)  Criteria.--The department shall include in its criteria

in judging applicants:

(1)  The financial and technical ability to become an

accredited testing program.

(2)  The ability of the eligible entity to provide

additional alternative energy and energy efficiency testing,

evaluation and public education services that could be

provided free or at low cost to individuals, businesses and

organizations within this Commonwealth, especially to

individuals and businesses seeking to develop alternative

energy products or evaluating alternative energy products.

(3)  The manner in which an applicant intends to offer

SRCC testing and these additional energy-related services

without allowing conflicts between the dual missions of the

solar and alternative energy testing laboratory.

CHAPTER 5

PENNSYLVANIA SOLAR AND ALTERNATIVE ENERGY LABORATORY

GRANT PROGRAM FUNDING PROVISIONS

Section 501.  Award of grants.

(a)    Authorization.--The department may approve an initial

grant or grants to an eligible entity within six months of the

effective date of this section for the purpose of creating and

operating an energy testing laboratory that will apply for SRCC

certification.

(b)  Establishment and operation of conflict of interest

provisions.--As a condition of receiving funds from a grant

awarded under the program, the award-winning applicant must

agree to establish and operate a conflict of interest policy to

prevent conflicts of interests between the employees,

contractors and management of the applicant and potential or

actual users of the services provided by an alternative energy

testing laboratory.

Section 502.  Program limitations.

Program limitations that may result from the misuse of the

grant funds are as follows:

(1)  An applicant must apply for SRCC accreditation

within one year and shall offer testing and additional

services as described in the grant application to the

Commonwealth.

(2)  The applicant agrees that noncompliance with the

conditions of the grant shall be grounds for the recapture of

funds provided to the applicant. If the applicant fails to

refund the moneys, the Commonwealth, in addition to any

rights or remedies it may have at law or in equity, reserves

the right to offset the amount due against any existing or

future sums of money owed the applicant by the department or

any Commonwealth agency or other department.

(3)  The department or its duly authorized representative

shall have access to the records of the applicant for the

purpose of auditing financial transactions, determining

compliance with grant terms and evaluating project

performance.

(4)  The applicant agrees to retain all cost-supporting

records and documentation for a period of three years from

the date that the applicant receives the final grant payment

from the department.

Section 503.  Appropriation.

The sum of $3,000,000 of Federal funds available to the

Commonwealth under the American Recovery and Reinvestment Act of

2009 (Public Law 111-5, 123 Stat. 115) is appropriated to the

Department of Environmental Protection for the purposes of this

act.

CHAPTER 7

MISCELLANEOUS PROVISIONS

Section 701.  Reporting.

Entities receiving grants under this act shall report to the

department on a regular basis on the testing and other services

provided by a solar and alternative energy testing laboratory.

The department shall report to the General Assembly on an annual

basis on the operations and activities of a solar and

alternative energy testing laboratory.

Section 702.  Expiration.

This act shall expire December 31, 2015.

Section 703.  Effective date.

This act shall take effect immediately.