Section 1674 - Certification of Providers and Rating SystemsUpon 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.Cal. Code Regs. Tit. 20, § 1674
Note: Authority cited: Sections 25213 and 25942, Public Resources Code. Reference: Section 25942, Public Resources Code.
1. New section replacing version of section operative 1/1/2024 filed 10-9-2023; operative on and after the effective date of 24 CCR 10-103.3 (Register 2023, No. 41).