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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY SIPTROTH, GEORGE, SANTARSIERO, BELFANTI, BEYER, CALTAGIRONE, DONATUCCI, MURT, PAYTON, SANTONI, K. SMITH AND WAGNER, JUNE 23, 2010 |
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| REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, JUNE 23, 2010 |
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| AN ACT |
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1 | Providing for the testing of new, environmentally beneficial and |
2 | energy efficient technologies within various State agencies. |
3 | The General Assembly of the Commonwealth of Pennsylvania |
4 | hereby enacts as follows: |
5 | Section 1. Short title. |
6 | This act shall be known and may be cited as the Green |
7 | Technology Implementation Act. |
8 | Section 2. Legislative intent. |
9 | The General Assembly finds as follows: |
10 | (1) It is the responsibility of the General Assembly to |
11 | ensure that the resources of this Commonwealth are used in a |
12 | manner consistent with energy efficiency and environmental |
13 | stewardship. |
14 | (2) As technology advances, opportunities arise to test |
15 | new technologies within this Commonwealth's State agencies in |
16 | order to increase energy conservation, reduce greenhouse gas |
17 | emissions and reduce costs. |
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1 | (3) Through the testing of new, energy efficient |
2 | technologies, the Department of General Services will gain |
3 | the ability to identify new ways to reduce costs and improve |
4 | efficiency, creating an avenue for implementation of all |
5 | State agencies upon the recommendation of the Secretary of |
6 | General Services and the testing agency. |
7 | Section 3. Definitions. |
8 | The following words and phrases when used in this act shall |
9 | have the meanings given to them in this section unless the |
10 | context clearly indicates otherwise: |
11 | "Department." The Department of General Services of the |
12 | Commonwealth. |
13 | "Secretary." The Secretary of General Services of the |
14 | Commonwealth. |
15 | "State agency." An executive agency, an independent agency, |
16 | a State-affiliated entity or a State-related institution as |
17 | defined by 62 Pa.C.S. § 103 (relating to definitions), including |
18 | the unified judicial system and its officers and agencies, that |
19 | for the purposes of this act will be testing a new technology, |
20 | product or process in order to determine its effectiveness in |
21 | promoting energy conservation, energy efficiency or renewable |
22 | energy technology. |
23 | Section 4. Authority of secretary. |
24 | The following shall apply: |
25 | (1) If, in the course of the secretary's official |
26 | duties, the secretary finds that the use of a certain |
27 | technology, product or process would promote energy |
28 | conservation, energy efficiency or renewable energy, the |
29 | secretary may direct a State agency, with the approval of the |
30 | Governor, to test the technology, product or process by using |
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1 | it in the agency's operations on a trial basis. |
2 | (i) The purpose of a test program shall be to |
3 | validate the effectiveness and feasibility of the |
4 | technology, product or process in reducing energy usage |
5 | and costs or reducing dependence on fossil fuels or |
6 | greenhouse gas emissions. No agency shall undertake |
7 | testing of any technology, product or process unless the |
8 | business entity manufacturing or marketing the |
9 | technology, product or process demonstrates that: |
10 | (A) use of such technology, product or process |
11 | by the State agency will not adversely affect safety; |
12 | (B) sufficient research and development has |
13 | occurred to warrant participation in the test |
14 | program; and |
15 | (C) the technology, product or process has |
16 | potential for commercialization not later than two |
17 | years following the completion of the test program by |
18 | a State agency under this section. |
19 | (ii) If the secretary finds that using the |
20 | technology, product or process would be feasible in the |
21 | operations of a State agency and would not have a |
22 | detrimental effect on the operations, the secretary, with |
23 | the approval of the Governor, may direct a State agency |
24 | to accept delivery of the technology, product or process |
25 | and to undertake such a test program. |
26 | (2) The secretary may not direct a State agency to test |
27 | a technology, product or process unless the business entity |
28 | or entities benefiting from the field testing pay all of the |
29 | associated costs. |
30 | (3) The secretary may not direct a State agency to test |
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1 | a technology, product or process unless the business entity |
2 | benefiting from the field testing assumes all risks of |
3 | liability associated with testing the technology, product or |
4 | process and undertakes the responsibility to indemnify the |
5 | Commonwealth for all claims, including environmental and tort |
6 | claims. |
7 | (4) The secretary may not direct a State agency to test |
8 | a technology, product or process unless the technology or |
9 | product being tested has been previously proven as verified |
10 | by an independent third party to reduce energy consumption |
11 | and energy costs and to reduce greenhouse gas emissions |
12 | associated with energy consumption. |
13 | (i) The department shall maintain a list, in |
14 | conjunction with the Department of Environmental |
15 | Protection, of approved independent third party entities |
16 | who may verify effectiveness of a technology, product or |
17 | process. |
18 | (ii) Standards for qualifications of an independent |
19 | third party entity shall be determined by the department |
20 | in conjunction with the Department of Environmental |
21 | Protection. |
22 | (5) If the secretary determines that the test program |
23 | sufficiently demonstrates that the technology, product or |
24 | process reduces energy usage and costs or reduces dependence |
25 | on fossil fuels or greenhouse gas emissions, the secretary, |
26 | with the approval of the Governor and the administrative head |
27 | of the testing agency, may include the technology, product or |
28 | process on a department Statewide requirements contract or, |
29 | upon the request of the testing agency or other agency, |
30 | procure the item in accordance with 62 Pa.C.S. (relating to |
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1 | procurement). The secretary may encourage implementation in |
2 | any or all State agencies. |
3 | Section 5. State agency responsibilities. |
4 | The following shall apply: |
5 | (1) The testing agency shall maintain records related to |
6 | test programs, as required by the secretary and determined by |
7 | the department. |
8 | (2) All proprietary information derived from test |
9 | programs shall be exempt from the provisions of the act of |
10 | February 14, 2008 (P.L.6, No.3), known as the Right-to-Know |
11 | Law. |
12 | (3) The testing of a technology, product or process |
13 | shall have a demonstration period of no less than 30 and no |
14 | more than 60 calendar days. |
15 | Section 6. Purchasing. |
16 | Acquisition of any technology, product or process for |
17 | purposes of the test program established under this act shall |
18 | not be deemed to be a purchase under the provisions of State |
19 | procurement law. Upon implementation of a technology, product or |
20 | process at a State agency after the testing period has expired, |
21 | the department may make such purchases for implementation as are |
22 | authorized under 62 Pa.C.S. (relating to procurement). State |
23 | agencies whose purchasing is not provided for by the department |
24 | are authorized to make such purchases as applicable under this |
25 | act. |
26 | Section 7. Business entity clarification. |
27 | For purposes of this act, a business entity that allows the |
28 | testing of its technology, product or process in a State agency |
29 | shall not be considered a State advisor or State consultant as |
30 | defined in the act of July 19, 1957 (P.L.1017, No.451), known as |
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1 | the State Adverse Interest Act. |
2 | Section 8. Effective date. |
3 | This act shall take effect in 60 days. |
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