THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY GEORGE, CALTAGIRONE, DONATUCCI, FABRIZIO, GILLESPIE, HORNAMAN, HUTCHINSON, JOSEPHS, KULA, McGEEHAN, MURPHY, PASHINSKI, PAYTON, K. SMITH, WAGNER, MURT AND BARBIN, APRIL 6, 2011

AS REPORTED FROM COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 22, 2011   

AN ACT

Providing for the testing of new, environmentally beneficial and

energy efficient technologies within various State agencies.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the State Agency

Green Technology Implementation Act.

Section 2.  Legislative intent.

The General Assembly finds as follows:

(1)  It is the responsibility of the General Assembly to

ensure that the resources of this Commonwealth are used in a

manner consistent with energy efficiency and environmental

stewardship.

(2)  As technology advances, opportunities arise to test

new technologies within this Commonwealth's State agencies in

order to increase energy conservation, reduce greenhouse gas

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emissions and reduce costs and promote demand-side management

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technologies.

(3)  Through the testing of new, energy efficient

technologies, the Department of General Services will gain

the ability to identify new ways to reduce costs and improve

efficiency, creating an avenue for implementation of all

State agencies upon the recommendation of the Secretary of

General Services and the testing agency.

Section 3.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Department."  The Department of General Services of the

Commonwealth.

"Secretary."  The Secretary of General Services of the

Commonwealth.

"State agency."  An executive agency, an independent agency,

a State-affiliated entity or a State-related institution as

defined by 62 Pa.C.S. § 103 (relating to definitions), including

the unified judicial system and its officers and agencies, that

for the purposes of this act will be testing a new technology,

product or process in order to determine its effectiveness in

promoting energy conservation, energy efficiency or renewable

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energy technology demand-side management technologies.

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Section 4.  Authority of secretary.

The following shall apply:

(1)  If, in the course of the secretary's official

duties, the secretary and the Secretary of Environmental

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Protection agree determines that the use of a certain

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technology, product or process would promote energy

conservation, energy efficiency or renewable energy demand-

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side management technologies, the secretary may authorize  a

State agency to test the technology, product or process by

using it in the agency's operations on a trial basis.

(i)  The purpose of a test program shall be to

validate the effectiveness and feasibility of the

technology, product or process in reducing energy usage

and costs or reducing dependence on fossil fuels or

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greenhouse gas emissions promoting demand-side management

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technologies. No agency shall undertake testing of any

technology, product or process unless the business entity

manufacturing or marketing the technology, product or

process demonstrates that:

(A)  use of such technology, product or process

by the State agency will not adversely affect safety;

(B)  sufficient research and development has

occurred to warrant participation in the test

program;

(C)  the technology, product or process has

potential for commercialization not later than two

years following the completion of the test program by

a State agency under this section; and

(D)  use of such technology, product or process

by the State agency will not adversely affect

performance or warranties of any other installed

equipment or materials.

(ii)  If the secretary finds that using the

technology, product or process would be feasible in the

operations of a State agency and would not have a

detrimental effect on the operations, the secretary, with

the approval of the Governor, may authorize a State

agency to accept delivery of the technology, product or

process and to undertake such a test program.

(2)  The secretary may not authorize a State agency to

test a technology, product or process unless the business

entity or entities benefiting from the field testing pay all

of the associated costs.

(3)  The secretary may not authorize a State agency to

test a technology, product or process unless the business

entity benefiting from the field testing assumes all risks of

liability associated with testing the technology, product or

process and undertakes the responsibility to indemnify the

Commonwealth for all claims, including environmental and tort

claims. 

(4)  The secretary may not authorize a State agency to

test a technology, product or process unless the technology

or product being tested has been certified by an approved,

independent, nationally recognized testing or certification

program that the technology, product or process will produce

energy savings at the level it claims and under conditions

similar to the test to be conducted. The department, in

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conjunction with the Department of Environmental Protection,

shall develop and maintain a list of independent, nationally

recognized testing or certification programs that are

approved for the purposes of this act.

(i)  The department shall maintain a list, in

conjunction with the Department of Environmental

Protection, of approved independent third party entities

who may verify effectiveness of a technology, product or

process.

(i)  The business entity manufacturing or marketing

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the technology, product or process shall provide proof of

its independent, nationally recognized testing or

certification in a form and manner as determined by the

department and the department shall accept and approve of

the testing or certification before testing may take

place at a State agency.

(ii)  Standards for qualifications of an independent

third party entity shall be determined by the department

in conjunction with the Department of Environmental

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Protection.

(5)  If the secretary determines that the test program

sufficiently demonstrates that the technology, product or

process reduces energy usage and costs or reduces dependence

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on fossil fuels or greenhouse gas emissions promotes demand-

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side management technologies, the secretary, with the

approval of the Governor and the administrative head of the

testing agency, may include the technology, product or

process on a department Statewide requirements contract or,

upon the request of the testing agency or other agency,

procure the item in accordance with 62 Pa.C.S. (relating to

procurement). The secretary may encourage implementation in

any or all State agencies. Testing criteria, protocol,

metrics and goals shall be developed by the department, in

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conjunction with the Department of Environmental Protection.

At a minimum, the testing shall be designed to replicate the

results attested to by the approved, independent, nationally

recognized testing or certification program.

Section 5.  State agency responsibilities.

The following shall apply:

(1)  The testing agency shall maintain records related to

test programs, as required by the secretary and determined by

the department.

(2)  All proprietary information derived from test

programs shall be exempt from the provisions of the act of

February 14, 2008 (P.L.6, No.3), known as the Right-to-Know

Law.

(3)  The testing of a technology, product or process

shall have a demonstration period of no less than 30 days and

no more than 60 calendar days unless both the secretary and

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the Secretary of Environmental Protection determine the

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secretary determines that the specific technology warrants a

longer demonstration period.

(4)  Testing methodology and results shall not be

considered proprietary information.

Section 6.  Purchasing.

Acquisition of any technology, product or process for

purposes of the test program established under this act shall

not be deemed to be a purchase under the provisions of State

procurement law. Upon implementation of a technology, product or

process at a State agency after the testing period has expired,

the department may make such purchases for implementation as are

authorized under 62 Pa.C.S. (relating to procurement). State

agencies whose purchasing is not provided for by the department

are authorized to make such purchases as applicable under this

act.

Section 7.  Commonwealth endorsement.

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Testing of a technology, product or process at a State agency

as provided for in this act shall not constitute approval by the

Commonwealth or otherwise endorsement of the technology, product

or process or of the business entity by the Commonwealth, nor

shall the Commonwealth be used in marketing, advertisement or

promotional activity related to the technology, product or

process or of the business entity. A claim of endorsement by the

Commonwealth without the approval of the Secretary and the

Governor shall result in the business entity's disqualification

from further testing under this act.

Section 7 8.  Business entity clarification.

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

testing of its technology, product or process in a State agency

shall not be considered a State advisor or State consultant as

defined in the act of July 19, 1957 (P.L.1017, No.451), known as

the State Adverse Interest Act.

Section 8 9.  Effective date.

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This act shall take effect in 60 days.