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.

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<-., which new technology, product or process conforms 
10to the high-performance building standards adopted by the 
11Department of General Services under section 307(c) of the act 
12of July 9, 2008 (1st Sp.Sess., P.L.1873, No.1), known as the 
13Alternative Energy Investment Act.

14Section 4. Authority of secretary.

15The following shall apply:

16(1) If, in the course of the secretary's official
17duties, the secretary determines that the use of a certain
18technology, product or process would promote energy
19conservation, energy efficiency or demand-side management,
20the secretary may authorize a State agency to test the
21technology, product or process by using it in the agency's
22operations on a trial basis. The following shall apply:

23(i) The purpose of a test program shall be to
24validate the effectiveness and feasibility of the
25technology, product or process in reducing energy usage
26and costs or promoting demand-side management. No agency
27shall undertake testing of any technology, product or
28process unless the business entity manufacturing or
29marketing the technology, product or process demonstrates
30that:

1(A) use of such technology, product or process
2by the State agency will not adversely affect safety;

3(B) sufficient research and development has
4occurred to warrant participation in the test
5program;

6(C) the technology, product or process has
7potential for commercialization not later than two
8years following the completion of the test program by
9a State agency under this section; and

10(D) use of such technology, product or process
11by the State agency will not adversely affect
12performance or warranties of any other installed
13equipment or materials.

14(ii) If the secretary finds that using the
15technology, product or process would be feasible in the
16operations of a State agency and would not have a
17detrimental effect on the operations, the secretary, with
18the approval of the Governor, may authorize a State
19agency to accept delivery of the technology, product or
20process and to undertake such a test program.

21(2) The secretary may not authorize a State agency to
22test a technology, product or process unless the business
23entity or entities benefiting from the field testing pay all
24of the associated costs.

25(3) The secretary may not authorize a State agency to
26test a technology, product or process unless the business
27entity benefiting from the field testing assumes all risks of
28liability associated with testing the technology, product or
29process and undertakes the responsibility to indemnify the
30Commonwealth for all claims, including environmental and tort

1claims.

2(4) The secretary may not authorize a State agency to
3test a technology, product or process unless the technology
4or product being tested has been certified by an approved,
5independent, nationally recognized testing or certification
6program that the technology, product or process will produce
7energy savings at the level it claims and under conditions
8similar to the test to be conducted. The following shall
9apply:

10(i) The business entity manufacturing or marketing
11the technology, product or process shall provide proof of
12its independent, nationally recognized testing or
13certification in a form and manner as determined by the
14department, and the department shall accept and approve
15of the testing or certification before testing may take
16place at a State agency.

17(ii) Standards for qualifications of an independent
18third party entity shall be determined by the department.

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

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

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 200 calendar days unless the testing agency

1determines that the specific technology warrants a longer
2demonstration 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.