OLR Bill Analysis

HB 6638 (as amended by House "A")*

AN ACT CONCERNING OBSOLETE ENERGY STATUTES.

SUMMARY:

This bill allows the Office of Policy and Management (OPM) secretary, under certain circumstances, to direct a state agency to test a technology, product, or process that would promote energy conservation, energy efficiency, or renewable energy by using it in the agency's operations on a trial basis. The bill applies when the secretary exercises his powers under Title 16a, which gives him various powers and responsibilities regarding energy policy and programs. The manufacturer or marketer of the technology, product, or process, or investors or participants in this business must pay any costs incurred by the testing agency during the trial period.

Under the bill, if the secretary determines that the trial sufficiently demonstrates that the technology, product, or process reduces energy usage and costs or reduces dependence on fossil fuels or greenhouse gas emissions, the testing agency may request that the administrative services commissioner procure technology for use by any or all state agencies pursuant to existing state procurement law.

The test program is meant to validate the effectiveness of the technology, product, or process in reducing energy usage and costs or reducing dependence on fossil fuels or greenhouse gas emissions. No agency may test any technology, product, or process unless its manufacturer or marketer demonstrates that (1) its use by the agency will not harm safety; (2) a certified independent third party or accredited laboratory has found that it reduces energy consumption and cost; and (3) it is commercially available or has the potential for commercialization within two years after an agency completed test program.

If the secretary finds that using the technology, product, or process would be feasible in an agency's operation and would not harm the operations in any way, he may direct an agency to accept delivery of it and to undertake a test program, notwithstanding the requirements of state purchasing law. The acquisition of a technology, product, or process for the program is not considered a purchase under state procurement law. The manufacturer, marketer, or business investor or participant must maintain records on the program, as required by the secretary. All proprietary information derived from the program is exempt from the Freedom of Information Act.

*House Amendment “A” replaces the original bill, which repealed various obsolete telecommunications and energy laws, and changes the bill's effective date from July 1, 2009 to upon passage.

EFFECTIVE DATE: Upon passage

COMMITTEE ACTION

Energy and Technology Committee

Joint Favorable