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| PRIOR PRINTER'S NO. 1457 | PRINTER'S NO. 2181 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY GEORGE, CALTAGIRONE, DONATUCCI, FABRIZIO, GILLESPIE, HORNAMAN, HUTCHINSON, JOSEPHS, KULA, McGEEHAN, MURPHY, PASHINSKI, PAYTON, K. SMITH, WAGNER, MURT AND BARBIN, APRIL 6, 2011 |
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| AS REPORTED FROM COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 22, 2011 |
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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 State Agency |
7 | Green 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 | <-- |
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1 | emissions and reduce costs and promote demand-side management | <-- |
2 | technologies. |
3 | (3) Through the testing of new, energy efficient |
4 | technologies, the Department of General Services will gain |
5 | the ability to identify new ways to reduce costs and improve |
6 | efficiency, creating an avenue for implementation of all |
7 | State agencies upon the recommendation of the Secretary of |
8 | General Services and the testing agency. |
9 | Section 3. Definitions. |
10 | The following words and phrases when used in this act shall |
11 | have the meanings given to them in this section unless the |
12 | context clearly indicates otherwise: |
13 | "Department." The Department of General Services of the |
14 | Commonwealth. |
15 | "Secretary." The Secretary of General Services of the |
16 | Commonwealth. |
17 | "State agency." An executive agency, an independent agency, |
18 | a State-affiliated entity or a State-related institution as |
19 | defined by 62 Pa.C.S. § 103 (relating to definitions), including |
20 | the unified judicial system and its officers and agencies, that |
21 | for the purposes of this act will be testing a new technology, |
22 | product or process in order to determine its effectiveness in |
23 | promoting energy conservation, energy efficiency or renewable | <-- |
24 | energy technology demand-side management technologies. | <-- |
25 | Section 4. Authority of secretary. |
26 | The following shall apply: |
27 | (1) If, in the course of the secretary's official |
28 | duties, the secretary and the Secretary of Environmental | <-- |
29 | Protection agree determines that the use of a certain | <-- |
30 | technology, product or process would promote energy |
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1 | conservation, energy efficiency or renewable energy demand- | <-- |
2 | side management technologies, the secretary may authorize a |
3 | State agency to test the technology, product or process by |
4 | using it in the agency's operations on a trial basis. |
5 | (i) The purpose of a test program shall be to |
6 | validate the effectiveness and feasibility of the |
7 | technology, product or process in reducing energy usage |
8 | and costs or reducing dependence on fossil fuels or | <-- |
9 | greenhouse gas emissions promoting demand-side management | <-- |
10 | technologies. No agency shall undertake testing of any |
11 | technology, product or process unless the business entity |
12 | manufacturing or marketing the technology, product or |
13 | process demonstrates that: |
14 | (A) use of such technology, product or process |
15 | by the State agency will not adversely affect safety; |
16 | (B) sufficient research and development has |
17 | occurred to warrant participation in the test |
18 | program; |
19 | (C) the technology, product or process has |
20 | potential for commercialization not later than two |
21 | years following the completion of the test program by |
22 | a State agency under this section; and |
23 | (D) use of such technology, product or process |
24 | by the State agency will not adversely affect |
25 | performance or warranties of any other installed |
26 | equipment or materials. |
27 | (ii) If the secretary finds that using the |
28 | technology, product or process would be feasible in the |
29 | operations of a State agency and would not have a |
30 | detrimental effect on the operations, the secretary, with |
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1 | the approval of the Governor, may authorize a State |
2 | agency to accept delivery of the technology, product or |
3 | process and to undertake such a test program. |
4 | (2) The secretary may not authorize a State agency to |
5 | test a technology, product or process unless the business |
6 | entity or entities benefiting from the field testing pay all |
7 | of the associated costs. |
8 | (3) The secretary may not authorize a State agency to |
9 | test a technology, product or process unless the business |
10 | entity benefiting from the field testing assumes all risks of |
11 | liability associated with testing the technology, product or |
12 | process and undertakes the responsibility to indemnify the |
13 | Commonwealth for all claims, including environmental and tort |
14 | claims. |
15 | (4) The secretary may not authorize a State agency to |
16 | test a technology, product or process unless the technology |
17 | or product being tested has been certified by an approved, |
18 | independent, nationally recognized testing or certification |
19 | program that the technology, product or process will produce |
20 | energy savings at the level it claims and under conditions |
21 | similar to the test to be conducted. The department, in | <-- |
22 | conjunction with the Department of Environmental Protection, |
23 | shall develop and maintain a list of independent, nationally |
24 | recognized testing or certification programs that are |
25 | approved for the purposes of this act. |
26 | (i) The department shall maintain a list, in |
27 | conjunction with the Department of Environmental |
28 | Protection, of approved independent third party entities |
29 | who may verify effectiveness of a technology, product or |
30 | process. |
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1 | (i) The business entity manufacturing or marketing | <-- |
2 | the technology, product or process shall provide proof of |
3 | its independent, nationally recognized testing or |
4 | certification in a form and manner as determined by the |
5 | department and the department shall accept and approve of |
6 | the testing or certification before testing may take |
7 | place at a State agency. |
8 | (ii) Standards for qualifications of an independent |
9 | third party entity shall be determined by the department |
10 | in conjunction with the Department of Environmental | <-- |
11 | Protection. |
12 | (5) If the secretary determines that the test program |
13 | sufficiently demonstrates that the technology, product or |
14 | process reduces energy usage and costs or reduces dependence | <-- |
15 | on fossil fuels or greenhouse gas emissions promotes demand- | <-- |
16 | side management technologies, the secretary, with the |
17 | approval of the Governor and the administrative head of the |
18 | testing agency, may include the technology, product or |
19 | process on a department Statewide requirements contract or, |
20 | upon the request of the testing agency or other agency, |
21 | procure the item in accordance with 62 Pa.C.S. (relating to |
22 | procurement). The secretary may encourage implementation in |
23 | any or all State agencies. Testing criteria, protocol, |
24 | metrics and goals shall be developed by the department, in | <-- |
25 | conjunction with the Department of Environmental Protection. |
26 | At a minimum, the testing shall be designed to replicate the |
27 | results attested to by the approved, independent, nationally |
28 | recognized testing or certification program. |
29 | Section 5. State agency responsibilities. |
30 | The following shall apply: |
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1 | (1) The testing agency shall maintain records related to |
2 | test programs, as required by the secretary and determined by |
3 | the department. |
4 | (2) All proprietary information derived from test |
5 | programs shall be exempt from the provisions of the act of |
6 | February 14, 2008 (P.L.6, No.3), known as the Right-to-Know |
7 | Law. |
8 | (3) The testing of a technology, product or process |
9 | shall have a demonstration period of no less than 30 days and |
10 | no more than 60 calendar days unless both the secretary and | <-- |
11 | the Secretary of Environmental Protection determine the | <-- |
12 | secretary determines that the specific technology warrants a |
13 | longer demonstration period. |
14 | (4) Testing methodology and results shall not be |
15 | considered proprietary information. |
16 | Section 6. Purchasing. |
17 | Acquisition of any technology, product or process for |
18 | purposes of the test program established under this act shall |
19 | not be deemed to be a purchase under the provisions of State |
20 | procurement law. Upon implementation of a technology, product or |
21 | process at a State agency after the testing period has expired, |
22 | the department may make such purchases for implementation as are |
23 | authorized under 62 Pa.C.S. (relating to procurement). State |
24 | agencies whose purchasing is not provided for by the department |
25 | are authorized to make such purchases as applicable under this |
26 | act. |
27 | Section 7. Commonwealth endorsement. | <-- |
28 | Testing of a technology, product or process at a State agency |
29 | as provided for in this act shall not constitute approval by the |
30 | Commonwealth or otherwise endorsement of the technology, product |
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1 | or process or of the business entity by the Commonwealth, nor |
2 | shall the Commonwealth be used in marketing, advertisement or |
3 | promotional activity related to the technology, product or |
4 | process or of the business entity. A claim of endorsement by the |
5 | Commonwealth without the approval of the Secretary and the |
6 | Governor shall result in the business entity's disqualification |
7 | from further testing under this act. |
8 | Section 7 8. Business entity clarification. | <-- |
9 | For purposes of this act, a business entity that allows the |
10 | testing of its technology, product or process in a State agency |
11 | shall not be considered a State advisor or State consultant as |
12 | defined in the act of July 19, 1957 (P.L.1017, No.451), known as |
13 | the State Adverse Interest Act. |
14 | Section 8 9. Effective date. | <-- |
15 | This act shall take effect in 60 days. |
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