1Providing for the testing of new, environmentally beneficial and
2energy efficient technologies within various State agencies.

3The General Assembly of the Commonwealth of Pennsylvania
4hereby enacts as follows:

5Section 1. Short title.

6This act shall be known and may be cited as the State Agency
7Green Technology Implementation Act.

8Section 2. Legislative intent.

9The General Assembly finds as follows:

10(1) It is the responsibility of the General Assembly to
11ensure that the resources of this Commonwealth are used in a
12manner consistent with energy efficiency and environmental
13stewardship.

14(2) As technology advances, opportunities arise to test
15new technologies within this Commonwealth's State agencies in
16order to increase energy conservation, reduce costs and
17promote demand-side management technologies.

1(3) Through the testing of new, energy efficient
2technologies, the Department of General Services will gain
3the ability to identify new ways to reduce costs and improve
4efficiency, creating an avenue for implementation of all
5State agencies upon the recommendation of the Secretary of
6General Services and the testing agency.

7Section 3. Definitions.

8The following words and phrases when used in this act shall
9have the meanings given to them in this section unless the
10context clearly indicates otherwise:

11"Department." The Department of General Services of the
12Commonwealth.

13"Secretary." The Secretary of General Services of the
14Commonwealth.

15"State agency." An executive agency, an independent agency,
16a State-affiliated entity or a State-related institution as
17defined by 62 Pa.C.S. § 103 (relating to definitions), including
18the unified judicial system and its officers and agencies, that
19for the purposes of this act will be testing a new technology,
20product or process in order to determine its effectiveness in
21promoting energy conservation, energy efficiency or demand-side
22management technologies.

23Section 4. Authority of secretary.

24The following shall apply:

25(1) If, in the course of the secretary's official
26duties, the secretary determines that the use of a certain
27technology, product or process would promote energy
28conservation, energy efficiency or demand-side management
29technologies, the secretary may authorize a State agency to
30test the technology, product or process by using it in the

1agency's operations on a trial basis. The following shall
2apply:

3(i) The purpose of a test program shall be to
4validate the effectiveness and feasibility of the
5technology, product or process in reducing energy usage
6and costs or promoting demand-side management
7technologies. No agency shall undertake testing of any
8technology, product or process unless the business entity
9manufacturing or marketing the technology, product or
10process demonstrates that:

11(A) use of such technology, product or process
12by the State agency will not adversely affect safety;

13(B) sufficient research and development has
14occurred to warrant participation in the test
15program;

16(C) the technology, product or process has
17potential for commercialization not later than two
18years following the completion of the test program by
19a State agency under this section; and

20(D) use of such technology, product or process
21by the State agency will not adversely affect
22performance or warranties of any other installed
23equipment or materials.

24(ii) If the secretary finds that using the
25technology, product or process would be feasible in the
26operations of a State agency and would not have a
27detrimental effect on the operations, the secretary, with
28the approval of the Governor, may authorize a State
29agency to accept delivery of the technology, product or
30process and to undertake such a test program.

1(2) The secretary may not authorize a State agency to
2test a technology, product or process unless the business
3entity or entities benefiting from the field testing pay all
4of the associated costs.

5(3) The secretary may not authorize a State agency to
6test a technology, product or process unless the business
7entity benefiting from the field testing assumes all risks of
8liability associated with testing the technology, product or
9process and undertakes the responsibility to indemnify the
10Commonwealth for all claims, including environmental and tort
11claims.

12(4) The secretary may not authorize a State agency to
13test a technology, product or process unless the technology
14or product being tested has been certified by an approved,
15independent, nationally recognized testing or certification
16program that the technology, product or process will produce
17energy savings at the level it claims and under conditions
18similar to the test to be conducted. The following shall
19apply:

20(i) The business entity manufacturing or marketing
21the technology, product or process shall provide proof of
22its independent, nationally recognized testing or
23certification in a form and manner as determined by the
24department, and the department shall accept and approve
25of the testing or certification before testing may take
26place at a State agency.

27(ii) Standards for qualifications of an independent
28third party entity shall be determined by the department.

29(5) If the secretary determines that the test program
30sufficiently demonstrates that the technology, product or

1process reduces energy usage and costs or promotes demand-
2side management technologies, the secretary, with the
3approval of the Governor and the administrative head of the
4testing agency, may include the technology, product or
5process on a department Statewide requirements contract or,
6upon the request of the testing agency or other agency,
7procure the item in accordance with 62 Pa.C.S. (relating to
8procurement). The secretary may encourage implementation in
9any or all State agencies. Testing criteria, protocol,
10metrics and goals shall be developed by the department. At a
11minimum, the testing shall be designed to replicate the
12results attested to by the approved, independent, nationally
13recognized testing or certification program.

14Section 5. State agency responsibilities.

15The following shall apply:

16(1) The testing agency shall maintain records related to
17test programs, as required by the secretary and determined by
18the department.

19(2) All proprietary information derived from test
20programs shall be exempt from the provisions of the act of
21February 14, 2008 (P.L.6, No.3), known as the Right-to-Know
22Law.

23(3) The testing of a technology, product or process
24shall have a demonstration period of no less than 30 days and
25no more than 60 calendar days unless the secretary determines
26that the specific technology warrants a longer demonstration
27period.

28(4) Testing methodology and results shall not be
29considered proprietary information.

30Section 6. Purchasing.

1Acquisition of any technology, product or process for
2purposes of the test program established under this act shall
3not be deemed to be a purchase under the provisions of State
4procurement law. Upon implementation of a technology, product or
5process at a State agency after the testing period has expired,
6the department may make such purchases for implementation as are
7authorized under 62 Pa.C.S. (relating to procurement). State
8agencies whose purchasing is not provided for by the department
9are authorized to make such purchases as applicable under this
10act.

11Section 7. Commonwealth endorsement.

12Testing of a technology, product or process at a State agency
13as provided for in this act shall not constitute approval by the
14Commonwealth or otherwise endorsement of the technology, product
15or process or of the business entity by the Commonwealth, nor
16shall the Commonwealth be used in marketing, advertisement or
17promotional activity related to the technology, product or
18process or of the business entity. A claim of endorsement by the
19Commonwealth without the approval of the Secretary and the
20Governor shall result in the business entity's disqualification
21from further testing under this act.

22Section 8. Business entity clarification.

23For purposes of this act, a business entity that allows the
24testing of its technology, product or process in a State agency
25shall not be considered a State advisor or State consultant as
26defined in the act of July 19, 1957 (P.L.1017, No.451), known as
27the State Adverse Interest Act.

28Section 9. Effective date.

29This act shall take effect in 60 days.