(a) If, in the exercise of the Commissioner of Energy and Environmental Protection's powers pursuant to this title, the commissioner finds that the use of a certain technology, product or process would promote energy conservation, energy efficiency or renewable energy technology, the commissioner may direct a state agency to test such technology, product or process by using it in the operations of such agency on a trial basis. The purpose of such test program shall be to validate the effectiveness of such technology, product or process in reducing energy usage and costs or reducing dependence on fossil fuels or green house gas emissions.

(b) (1) The Commissioner of Energy and Environmental Protection shall administer pilot test programs at state agencies for the use of technologies, products or processes that promote energy conservation, energy efficiency or renewable energy. The purpose of such test programs shall be to validate the effectiveness of such technologies, products or processes in reducing energy usage and costs or reducing dependence on fossil fuels or greenhouse gas emissions.

(2) Applicants interested in participating in such program shall submit an application to the commissioner on forms prescribed by the commissioner. The commissioner shall review such application for completeness within thirty days of receiving such application. The commissioner shall make a determination on whether the application meets the requirements of this section within ninety days of receiving such application.

(c) (1) The Commissioner of Energy and Environmental Protection may direct a state agency to test any such technology, product or process identified by the commissioner. Alternatively, the commissioner of a state agency may file a request with the Commissioner of Energy and Environmental Protection for approval to test any such technology, product or process identified by such state agency commissioner. Not later than thirty days after receipt of any such request, the Commissioner of Energy and Environmental Protection shall evaluate the technology, product or process and approve or disapprove the state agency commissioner's request. A state agency that is directed to test, or receives approval to test, any such technology, product or process shall use it in the operations of such agency on a trial basis as prescribed by the commissioner.

(2) No agency shall undertake such testing of any technology, product or process unless the business manufacturing or marketing the technology, product or process demonstrates that (A) the use of such technology, product or process by the state agency will not adversely affect safety, (B) a certified independent third party or accredited laboratory has found that the technology, product or process reduces energy consumption and cost, and (C) the technology, product or process is presently available for commercial sale and distribution or has potential for commercialization not later than two years following the completion of any test program by a state agency pursuant to this section.

(3) If the commissioner of the state agency testing such technology, product or process determines that the test program sufficiently demonstrates that the technology, product or process reduces energy usage and costs or reduces dependence on fossil fuels or greenhouse gas emissions, such testing agency may request that the Commissioner of Administrative Services (A) procure such technology for use by any or all state agencies, and (B) make such procurement pursuant to subsection (b) of section 4a-58.

(d) If the commissioner finds that using such technology, product or process would be feasible in the operations of a state agency and would not have any detrimental effect on such operations, the commissioner, notwithstanding the requirements of chapter 58, may direct a state agency to accept delivery of such technology, product or process and to undertake such a test program. Any costs associated with the acquisition and use of such technology, product or process by the testing agency for the test period shall be borne by the manufacturer, the marketer or any investor or participant in such business. The acquisition of any technology, product or process for purposes of the test program established pursuant to this section shall not be deemed to be a purchase under the provisions of state procurement law. The manufacturer, the marketer or any investor or participant in such business shall maintain records related to such test program, as required by the commissioner. All proprietary information derived from such test program shall be exempt from the provisions of subsection (a) of section 1-210.

(e) The commissioner of a state agency may identify a technology, product or process that is procured, installed and tested by a municipality that meets the requirements of subsection (b) of this section. Such commissioner may file a request with the Commissioner of Energy and Environmental Protection. Not later than thirty days after receipt of such request, the commissioner shall evaluate such technology, product or process pursuant to subsection (b) of this section.

(Sept. Sp. Sess. P.A. 09-7, S. 63; P.A. 11-80, S. 1; June Sp. Sess. P.A. 15-5, S. 467.)

History: Sept. Sp. Sess. P.A. 09-7 effective October 5, 2009; pursuant to P.A. 11-80, “Secretary of the Office of Policy and Management” and “secretary” were changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” and “commissioner”, respectively, effective July 1, 2011; June Sp. Sess. P.A. 15-5 amended Subsec. (a) by designating existing provision re business demonstration required for testing of technology, product or process as Subsec. (c)(2) and making technical changes therein, added new Subsec. (b) re pilot test programs at state agencies, added new Subsec. (c)(1) re direction or request of state agency to test technology, product or process, added new Subsec. (c)(3) re request for procurement, redesignated existing Subsec. (b) as Subsec. (d), deleted former Subsec. (c) re request for procurement and added Subsec. (e) re identification and evaluation of technology, product or process procured by a municipality.