(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:

(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:

(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.