Cal. Code Regs. tit. 4 § 10051

Current through Register 2024 Notice Reg. No. 49, December 6, 2024
Section 10051 - Quality Assurance Standards
(a) All Eligible Improvements financed by the Program must meet applicable quality assurance standards as outlined in this Section.
(1) Pre-Project Assessment. A Pre-Project Assessment is required to assist in identifying appropriate and comprehensive energy efficiency retrofits and operational improvements. The cost of the Pre-Project Assessment may be included as part of the total cost of the Eligible Improvements.
(2) Post-Project Assessment. The Eligible Improvements shall be evaluated by a Post-Project Assessment. The cost of the Post-Project Assessment may be included as part of the total cost of the Eligible Improvements.
(A) Except as set forth in subparagraph (B) or (C), the Post-Project Assessment must be conducted by an Independent Third-Party Inspector who is a HERS Whole House Rater, a BPI Building Analyst or BPI Energy Auditor in accordance with the BPI Building Analyst Professional Standard or BPI Home Energy Auditing Standard.
(B) Where the Eligible Improvements are completed on behalf of a Borrower participating in a CPUC-approved residential whole-house energy efficiency retrofit program, the Post-Project Assessment must be conducted in accordance with that program's quality assurance protocols.
(C) Where the Eligible Improvements are completed on behalf of a Borrower participating in a residential whole-house energy efficiency retrofit program operated by a utility that is not subject to approval by the California Public Utilities Commission, the Post-Project Assessment must be conducted in accordance with the quality assurance protocols established under the Home Performance with ENERGY STAR joint program of the U.S. Environmental Protection Agency and the U.S. Department of Energy.
(3) Distributed generation renewable energy sources final approval. If the Eligible Improvements include distributed generation renewable energy sources, a copy of the letter permitting the interconnection of each distributed generation renewable energy source from the utility servicing the Eligible Property shall be required. If the project does not include energy efficiency improvements because the loading order requirement has been met through Section 10051(a)(4)(A)(2) or (3), the foregoing letter(s) permitting interconnection shall be in lieu of the Post-Project Assessment.
(4) Loading order. Any project involving distributed generation renewable energy sources must be part of a single Qualified Loan in which the energy efficiency improvements achieve a minimum ten percent (10%) reduction in total property energy use.
(A) Compliance with the loading order can be established in one of three ways:
1. Installation of recommended Eligible Improvements necessary to achieve a minimum ten percent (10%) improvement over the pre-project baseline, as demonstrated by the Post-Project Assessment required pursuant to subsection (a)(2) above.
2. Installation of recommended Eligible Improvements as set forth in Section 10050(d)(2).
3. Demonstrating a HERS Index Home Energy Rating score of 85 or lower provided air sealing, attic insulation, duct test and seal or replacement, and insulation of domestic hot water or replacement have all been installed if recommended by the Pre-Project Assessment.

Cal. Code Regs. Tit. 4, § 10051

1. New section filed 5-4-2012 as an emergency; operative 5-4-2012 (Register 2012, No. 18). Pursuant to Public Resources Code section 26131, this is a deemed emergency. A Certificate of Compliance must be transmitted to OAL by 10-31-2012 or emergency language will be repealed by operation of law on the following day.
2. New subsection (a)(3), subsection renumbering and amendment of newly designated subsections (a)(4) and (a)(4)(A)1.-2. filed 7-16-2012 as an emergency; operative 7-16-2012 (Register 2012, No. 29). Pursuant to Public Resources Code section 26131 this is a deemed emergency. A Certificate of Compliance must be transmitted to OAL by 1-14-2013 or emergency language will be repealed by operation of law on the following day.
3. New section, including 7-16-2012 amendments, refiled 10-29-2012 as an emergency; operative 10-29-2012 (Register 2012, No. 44). Pursuant to Public Resources Code section 26131, this is a deemed emergency. A Certificate of Compliance must be transmitted to OAL by 1-28-2013 or emergency language will be repealed by operation of law on the following day.
4. New section, including 7-16-2012 amendments, refiled 1-28-2013 as an emergency, with additional amendments to NOTE; operative 1-28-2013 (Register 2013, No. 5). Pursuant to Public Resources Code section 26131, this is a deemed emergency. A Certificate of Compliance must be transmitted to OAL by 4-29-2013 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-28-2013 order, including further amendments, transmitted to OAL 4-23-2013 and filed 5-22-2013; amendments operative 5-27-2013 pursuant to Government Code section 11343.4(b)(3) (Register 2013, No. 21).

Note: Authority cited: Section 26071, Public Resources Code. Reference: Section 26073, Public Resources Code.

1. New section filed 5-4-2012 as an emergency; operative 5-4-2012 (Register 2012, No. 18). Pursuant to Public Resources Code section 26131, this is a deemed emergency. A Certificate of Compliance must be transmitted to OAL by 10-31-2012 or emergency language will be repealed by operation of law on the following day.
2. New subsection (a)(3), subsection renumbering and amendment of newly designated subsections (a)(4) and (a)(4)(A)1.-2. filed 7-16-2012 as an emergency; operative 7-16-2012 (Register 2012, No. 29). Pursuant to Public Resources Code section 26131 this is a deemed emergency. A Certificate of Compliance must be transmitted to OAL by 1-14-2013 or emergency language will be repealed by operation of law on the following day.
3. New section, including 7-16-2012 amendments, refiled 10-29-2012 as an emergency; operative 10-29-2012 (Register 2012, No. 44). Pursuant to Public Resources Code section 26131, this is a deemed emergency. A Certificate of Compliance must be transmitted to OAL by 1-28-2013 or emergency language will be repealed by operation of law on the following day.
4. New section, including 7-16-2012 amendments, refiled 1-28-2013 as an emergency, with additional amendments to Note; operative 1-28-2013 (Register 2013, No. 5). Pursuant to Public Resources Code section 26131, this is a deemed emergency. A Certificate of Compliance must be transmitted to OAL by 4-29-2013 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-28-2013 order, including further amendments, transmitted to OAL 4-23-2013 and filed 5-22-2013; amendments operative 5-27-2013 pursuant to Government Code section 11343.4(b)(3) (Register 2013, No. 21).