AN ACT

 

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"Demand-side management." The management of customer
12consumption of electricity or the demand for electricity through
13the implementation of:

14(1) energy efficiency technologies, management practices
15or other strategies in residential, commercial, institutional
16or government customers that reduce electricity consumption
17by those customers;

18(2) load management or demand response technologies,
19management practices or other strategies in residential,
20commercial, industrial, institutional and government
21customers that shift electric load from periods of higher
22demand to periods of lower demand; or

23(3) industrial by-product technologies consisting of the
24use of a by-product from an industrial process, including the
25reuse of energy from exhaust gases or other manufacturing by-
26products that are used in the direct production of
27electricity at the facility of a customer.

28"Department." The Department of General Services of the
29Commonwealth.

30"Secretary." The Secretary of General Services of the

1Commonwealth.

2"State agency." An executive agency, an independent agency,
3a State-affiliated entity or a State-related institution as
4defined by 62 Pa.C.S. § 103 (relating to definitions), including
5the unified judicial system and its officers and agencies, that
6for the purposes of this act will be testing a new technology,
7product or process in order to determine its effectiveness in
8promoting energy conservation, energy efficiency or demand-side
9management <-technologies.

10Section 4. Authority of secretary.

11The following shall apply:

12(1) If, in the course of the secretary's official
13duties, the secretary determines that the use of a certain
14technology, product or process would promote energy
15conservation, energy efficiency or demand-side management
<-16technologies, the secretary may authorize a State agency to
17test the technology, product or process by using it in the
18agency's operations on a trial basis. The following shall
19apply:

20(i) The purpose of a test program shall be to
21validate the effectiveness and feasibility of the
22technology, product or process in reducing energy usage
23and costs or promoting demand-side management
<-24technologies. No agency shall undertake testing of any
25technology, product or process unless the business entity
26manufacturing or marketing the technology, product or
27process demonstrates that:

28(A) use of such technology, product or process
29by the State agency will not adversely affect safety;

30(B) sufficient research and development has

1occurred to warrant participation in the test
2program;

3(C) the technology, product or process has
4potential for commercialization not later than two
5years following the completion of the test program by
6a State agency under this section; and

7(D) use of such technology, product or process
8by the State agency will not adversely affect
9performance or warranties of any other installed
10equipment or materials.

11(ii) If the secretary finds that using the
12technology, product or process would be feasible in the
13operations of a State agency and would not have a
14detrimental effect on the operations, the secretary, with
15the approval of the Governor, may authorize a State
16agency to accept delivery of the technology, product or
17process and to undertake such a test program.

18(2) The secretary may not authorize a State agency to
19test a technology, product or process unless the business
20entity or entities benefiting from the field testing pay all
21of the associated costs.

22(3) The secretary may not authorize a State agency to
23test a technology, product or process unless the business
24entity benefiting from the field testing assumes all risks of
25liability associated with testing the technology, product or
26process and undertakes the responsibility to indemnify the
27Commonwealth for all claims, including environmental and tort
28claims.

29(4) The secretary may not authorize a State agency to
30test a technology, product or process unless the technology

1or product being tested has been certified by an approved,
2independent, nationally recognized testing or certification
3program that the technology, product or process will produce
4energy savings at the level it claims and under conditions
5similar to the test to be conducted. The following shall
6apply:

7(i) The business entity manufacturing or marketing
8the technology, product or process shall provide proof of
9its independent, nationally recognized testing or
10certification in a form and manner as determined by the
11department, and the department shall accept and approve
12of the testing or certification before testing may take
13place at a State agency.

14(ii) Standards for qualifications of an independent
15third party entity shall be determined by the department.

16(5) If the secretary determines that the test program
17sufficiently demonstrates that the technology, product or
18process reduces energy usage and costs or promotes demand-
19side management <-technologies, the secretary, with the 
20approval of the Governor <-and the testing agency determines 
21that the product meets its independent requirements, if any, 
22for technology, product or process testing and acceptance, 
23the secretary and the administrative head of the testing
24agency<-, may include may procure the technology, product or
25process <-on a department Statewide requirements contract or, 
26upon the request of the testing agency or other agency, 
27procure the item in accordance with 62 Pa.C.S. (relating to
28procurement)<-., including through addition of the technology, 
29product or process to a department Statewide requirements 
30contract of proper scope if determined to be appropriate by
 

1the secretary. Testing agencies with independent procurement 
2authority under 62 Pa.C.S. may procure the item or authorize 
3its use in accordance with that authority. The secretary may
4encourage implementation in any or all State agencies.
5Testing criteria, protocol, metrics and goals shall be
6developed by the department. At a minimum, the testing shall
7be designed to replicate the results attested to by the
8approved, independent, nationally recognized testing or
9certification program.

<-10(6) If the secretary determines that the test program
11does not sufficiently demonstrate that the technology,
12product or process reduces energy usage and costs or promotes
13demand-side management, at the secretary's direction, the
14business entity manufacturing or marketing this technology,
15product or process shall be responsible for removing the
16product and returning the agency's facility back to its
17original status at the cost of the business entity in the
18time frame provided.

19Section 5. State agency responsibilities.

20The following shall apply:

21(1) The testing agency shall maintain records related to
22test programs, as required by the secretary and determined by
23the department.

24(2) All proprietary information derived from test
25programs shall be exempt from the provisions of the act of
26February 14, 2008 (P.L.6, No.3), known as the Right-to-Know
27Law.

28(3) The testing of a technology, product or process
29shall have a demonstration period of no less than 30 days and
30no more than 60 200 calendar days unless the <-secretary
 

<-1testing agency determines that the specific technology
2warrants a longer demonstration period.

3(4) Testing methodology and results shall not be
4considered proprietary information.

5Section 6. Purchasing.

6Acquisition of any technology, product or process for
7purposes of the test program established under this act shall
8not be deemed to be a purchase under the provisions of State
9procurement law. Upon implementation of a technology, product or
10process at a State agency after the testing period has expired,
11the department may make such purchases for implementation as are
12authorized under 62 Pa.C.S. (relating to procurement). State
13agencies whose purchasing is not provided for by the department 
<-14or which exercise independent purchasing authority are
15authorized to make such purchases as applicable under this act 
<-16and may further authorize use of the technology, product or 
17process as provided under State law.

18Section 7. Commonwealth endorsement.

19Testing of a technology, product or process at a State agency
20as provided for in this act shall not constitute approval by the
21Commonwealth or otherwise endorsement of the technology, product
22or process or of the business entity by the Commonwealth, nor
23shall the Commonwealth be used in marketing, advertisement or
24promotional activity related to the technology, product or
25process or of the business entity. A claim of endorsement by the
26Commonwealth without the approval of the Secretary and the
27Governor shall result in the business entity's disqualification
28from further testing under this act.

29Section 8. Business entity clarification.

30For purposes of this act, a business entity that allows the

1testing of its technology, product or process in a State agency
2shall not be considered a State advisor or State consultant as
3defined in the act of July 19, 1957 (P.L.1017, No.451), known as
4the State Adverse Interest Act.

5Section 9. Effective date.

6This act shall take effect in 60 days.