Current through Register 2024 Notice Reg. No. 38, September 20, 2024
Upon the effective date of section 10-103.3 in Part 1 of
Title 24 of the California Code of Regulations, the following amended version
of this section will become effective, replacing the version above.
(a) Application. A person or entity wishing
to be certified as a Provider and wishing to have a Rating System certified
shall submit four copies of an application to the Energy Commission. The
application shall contain:
(1) A complete copy
of all rating procedures, manuals, handbooks, Rating System descriptions, and
training materials.
(2) A detailed
explanation of how the Rating System meets each requirement of Section
1672.
(3) A detailed explanation of how the
Provider meets each requirement of Section
1673.
(4) The name, address, and telephone number
of the Provider and a statement of where its principal place of business is and
where and upon whom service of legal process can be made.
(5) Upon Energy Commission request, if the
Provider is a corporation, a copy of the articles of incorporation and the
current by-laws.
(6) If the
Provider is a partnership, the names, addresses, telephone numbers, and
partnership status (for example, general, managing) of all the partners, and a
copy of the current partnership agreement.
(7) The names, addresses, telephone numbers,
and business relationships of all the Provider's owners, parents, subsidiaries,
and affiliates.
(8) A statement
that ratings are accurate, consistent, and uniform, utility bill estimates are
reasonable, and recommendations on cost-effective energy efficiency improvement
measures are reliable.
(9) A
statement that the Provider understands and will not knowingly fail to comply
with the requirements of these regulations.
(10) A statement under penalty of perjury
that all statements in the application are true, provided in the form specified
by Section
2015.5
of the Code of Civil Procedure.
(b) Confidentiality of Information. Any
Provider who submits the required application information and wishes to have
that information treated as confidential in order to limit its disclosure
shall, at the time of submitting the information, apply for a confidential
designation as specified in Section
of Title
202505 of Title 20 of the California Code of
Regulations.
(c) Energy Commission
Consideration.
(1) The Energy Commission's
Executive Director may request additional information from the applicant
necessary to complete and evaluate the application.
(2) The Executive Director shall provide a
copy of its evaluation to interested persons. The Executive Director may
convene a workshop to receive comments from interested persons.
(3) Within 90 business days of receiving the
complete application, the Executive Director shall send to the Energy
Commission and to the applicant a written recommendation that the Energy
Commission certify the Provider and its Rating System or deny that
certification.
(4) The Executive
Director shall recommend certifying the Provider and Rating System if the
Executive Director finds the following:
(A)
The Rating System meets all of the requirements of Section
1672.
(B) The Provider meets all of the
requirements of Section
1673.
(5) The Energy Commission shall act on the
recommendation at its next regularly scheduled Business Meeting that is at
least 15 business days after the date that the recommendation was mailed to the
applicant.
(6) The Energy
Commission shall certify the proposed Provider and Rating System if it confirms
the Executive Director's findings in Section
1674(c)(4).
(7) Upon certification the Energy Commission
shall assign the Provider a three-digit identification number.
(d) HERS Rating Software Approval.
As part of a Provider's Home Energy Rating System the Provider shall apply for
approval of HERS rating software. Application for approval of HERS rating
software may be submitted with the application for certification of the
Provider and their Rating System or as an amendment to their approval and
certification. However, approval of HERS rating software is subject to an
independent timeline.
The approval process for HERS rating software shall only
begin after Energy Commission approval of the software as compliance software
for the Title 24, Part 6, Building Energy Efficiency Standards in accordance
with the requirements of the ACM Manual.
(1) If the application for the HERS rating
software approval is complete, the Executive Director shall make the
application available to interested parties by posting the information on the
Energy Commission website for public comments. Comments from interested parties
shall be submitted within 60 business days after acceptance of the application
or approval of the software as compliance software for the Title 24, Part 6,
Building Energy Efficiency Standards, whichever is later.
(2) Within 75 business days of receipt of an
application or approval of the software as compliance software for the Title
24, Part 6, Building Energy Efficiency Standards, whichever is later, the
Executive Director may request any additional information needed to evaluate
the application. If the additional information is incomplete, consideration of
the application shall be delayed until the applicant submits complete
information.
(3) Within 75 business
days of receipt of the application or approval of the software as compliance
software for the Title 24, Part 6, Building Energy Efficiency Standards,
whichever is later, the Executive Director may convene a workshop to gather
additional information from the applicant and other interested parties.
Interested parties shall have 15 business days after the workshop to submit
additional information regarding the application.
(4) Within 90 business days after the
Executive Director receives the application, or within 30 business days after
receipt of complete additional information requested, or within 60 business
days after the receipt of additional information submitted by interested
parties, whichever is later, the Executive Director shall submit to the Energy
Commission a written recommendation on the application.
(5) The application and the Executive
Director's recommendation shall be placed on the business meeting agenda and
considered at a business meeting within 30 business days after submission of
the recommendation.
(6) All
applicants have the burden of proof to establish that their applications should
be approved.
(e) Special
Approval. Programs within Rating Systems using California Home Energy
Inspectors or Building Performance Contractors to develop or complete
California Whole-House Home Energy Ratings or California Home Energy Audits
shall be separately approved by the Energy Commission.
(f) Re-certification. A certified Provider
shall notify the Energy Commission whenever any change occurs in any of the
information, documentation, or materials the Provider submitted to the Energy
Commission under Section
1674(a), and
shall submit the changed information to the Energy Commission. Where this
changed information could affect the Provider's compliance with these
regulations, the Energy Commission may require that the Provider and the Rating
System be re-certified under the process described in Section
1674. The Executive Director may
waive re-certification for non-substantive changes. The Energy Commission may
also require that Providers and Rating Systems be re-certified if the
requirements of these regulations are amended or modified.
Note: Authority cited: Sections
25213
and
25942,
Public Resources Code. Reference: Section
25942,
Public Resources Code.
