Section 2214 - Authority of secretaryThe following shall apply:
(1) If, in the course of the secretary's official duties, the secretary determines that the use of a certain technology, product or process would promote energy conservation, energy efficiency or demand-side management, 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. The following shall apply: (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 promoting demand-side management. 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 following shall apply:(i) The business entity manufacturing or marketing 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.(5) If the secretary determines that the test program sufficiently demonstrates that the technology, product or process reduces energy usage and costs or promotes demand- side management and the testing agency determines that the product meets its independent requirements, if any, for technology, product or process testing and acceptance, the secretary and the administrative head of the testing agency may procure the technology, product or process in accordance with 62 Pa.C.S. (relating to procurement), including through addition of the technology, product or process to a department Statewide requirements contract of proper scope if determined to be appropriate by the secretary. Testing agencies with independent procurement authority under 62 Pa.C.S. may procure the item or authorize its use in accordance with that authority. The secretary may encourage implementation in any or all State agencies. Testing criteria, protocol, metrics and goals shall be developed by the department. At a minimum, the testing shall be designed to replicate the results attested to by the approved, independent, nationally recognized testing or certification program.(6) If the secretary determines that the test program does not sufficiently demonstrate that the technology, product or process reduces energy usage and costs or promotes demand-side management, at the secretary's direction, the business entity manufacturing or marketing this technology, product or process shall be responsible for removing the product and returning the agency's facility back to its original status at the cost of the business entity in the time frame provided.Added by P.L. TBD 2014 No. 165, § 4, eff. 12/21/2014.