Cal. Code Regs. tit. 4 § 10091.11

Current through Register 2024 Notice Reg. No. 49, December 6, 2024

Section 10091.11 - Project Requirements

(a) All Eligible Improvements financed by the Program must meet applicable quality assurance requirements as specified in this section.

(b) A Self-Installer may install or have installed the Eligible Improvements described in Section 10091.11(b)(1)-(2) below. The Self-Installer must provide proof of purchase to the PFI's or PFL's satisfaction:

(1) EEMs listed in the table in Section 10091.11(j) as eligible for self-installation.

(2) Additional related home improvements as described in Section 10091.1(r)(1)(B).

(c) The contractor performing the work must be a Participating Contractor as of the date they received approval to proceed with the project from a PFI or PFL, except for when:

(1) The work is performed by a Self-Installer.

(2) The work is to install alterations or improvements that are legally and practically required to complete the installation of EEM(s), as described in Section 10091.1(r)(1)(B).

(3) The work is to install additional related home improvements as described in Section 10091.1(r)(1)(B).

(4) The work is financed by a Microloan. For projects financed with Microloans that include EEMs not eligible for self-install, work must be performed by a CSLB-licensed contractor.

(d) The Participating Contractor must ensure all applicable permits and approvals have been obtained and must comply with all applicable laws for the work being performed.

(e) The Borrower must be provided with a Bill Impact Estimate.

(f) The Participating Contractor must ensure the following safety testing requirements are met:

(1) Where a project includes either of the EEMs described in this paragraph and the Eligible Property contains one or more atmospherically-vented combustion appliances within the building's sealed envelope, a safety test must be performed. The Eligible Property must pass this test prior to the enrollment of the Eligible Loan.

(A) Whole building air sealing.

(B) Duct sealing and/or duct replacement.

(C) Duct sizing or optimization.

(2) The safety test may be either a Combustion Appliance Safety Test, a Combustion Appliance Zone Test, a Natural Gas Appliance Test or a substantially similar test consistent with standard industry practice. The safety test must be completed after the work is complete by a contractor who meets any of the following requirements:

(A) Approved to participate in an IOU, REN or CCA whole house retrofit program in the corresponding IOU territory.

(B) Certified by the Building Performance Institute (BPI) as a Building Analyst, Envelope Professional, Heating Professional, Air Conditioning and Heat Pump Professional or BPI GoldStar Contractor.

(C) Completed a training course on and is proficient in the generally accepted standards for combustion safety and ventilation testing, such as Natural Gas Appliance Testing (NGAT).

(3) If multiple Participating Contractors work on a project and the combined measures of the project trigger a safety test, the Participating Contractor who installed any of the measures described in Section 10091.11(f)(1) will arrange for the safety test, unless otherwise agreed upon by the Participating Contractors.

(g) To verify that the Eligible Improvements were installed in accordance with this Article, within one (1) year of enrolling the Eligible Loan, the Authority may conduct one or more of the following quality assurance/quality control reviews:

(1) A desktop review that may require the Participating Contractor(s) to submit project-related documentation, such as the customer invoice, proof of permit closure and proof of a passed safety test, including the name and licensure or credentials of the tester.

(2) A field verification at the Eligible Property(ies) for which the Borrower shall be notified at least ten (10) business days prior to the field verification.

(3) Photo verification.

(h) Where Eligible Improvements are installed by a Participating Contractor, if the Authority finds that the Eligible Improvements were not installed in accordance with the requirements of this section or that the Participating Contractor misrepresented information related to the work, the Authority may remove the Participating Contractor from Program participation pursuant to the processes described in Section 10091.6 and/or may notify other government agencies and utility providers.

(i) Where Eligible Improvements are installed by a Self-Installer, if the Authority finds that the Eligible Improvements were not installed in accordance with these requirements or that the Self-Installer misrepresented information related to the work, the Authority may notify other government agencies and utility providers.

(j) The following table designates the EEMs for the Program, corresponding requirements, the fuel source eligibility and whether or not the measure is eligible for self-install. All measures must meet Title 20 or Title 24 requirements, when applicable.

Measure Category	Measure	Requirements	Fuel Source	Eligible for Self-Install	Fuel Switch
Appliances	Air Cleaner/Purifier	ENERGY STAR	Electric	Yes
Appliances	Clothes Dryer (Electric)	ENERGY STAR	Electric	Yes
Appliances	Clothes Dryer (Gas)	ENERGY STAR	Gas	Yes
Appliances	Clothes Washer	ENERGY STAR	Electric Gas	Yes
Appliances	Dishwasher	ENERGY STAR	Electric Gas	Yes
Appliances	Freezer	ENERGY STAR	Electric	Yes
Appliances	Heat Pump Clothes Dryer	ENERGY STAR	Electric	Yes
Appliances	Induction Range or Cooktop	ENERGY STAR	Electric	Yes
Appliances	Range Hood	ENERGY STAR	Electric	Yes
Appliances	Convection Oven (Electric)		Electric	Yes
Appliances	Refrigerator	ENERGY STAR	Electric	Yes
Building Envelope	Air Sealing		Electric Gas	No
Building Envelope	Attic Insulation		Electric Gas	No
Building Envelope	Cool Roof		Electric	No
Building Envelope	Floor Insulation		Electric Gas	No
Building Envelope	Heat Reflective Coatings	Solar reflectance >= 0.5 as tested to ASTM C1549-16	Electric	No
Building Envelope	Insulated Siding	Siding panels with rigid foam insulation backing	Electric Gas	No
Building Envelope	Radiant Barrier	For attic installation only	Electric Gas	No
Building Envelope	Wall Insulation		Electric Gas	No
Building Envelope	Window Coverings: Exterior	Includes: Solar screens, roller shade/shutters, louvered shutters, or awnings. Must be attached to the building structure.	Electric	No
Building Envelope	Window Coverings: Interior	Includes: Cellular shades, window quilts, or roman shades installed in a conditioned space and covering the entire window aperture. Not included: louvered blinds or shutters; drapes; curtains; sheer, roller, or pleated shades; solar screens.	Electric Gas	Yes
Building Envelope	Window Film	May only be installed in conditioned spaces.	Electric Gas	Yes
Building Envelope	Windows	May only be installed in conditioned spaces.	Electric Gas	No
Clean Energy	Solar Photovoltaic + Battery Storage	Must be installed together.	Electric	No
Clean Energy	Battery Storage Expansion	Must be paired with an existing solar photovoltaic system.	Electric	No
Demand Response	Thermal Energy Storage (TES) System	Must be used for the purpose of permanent load shifting (PLS).	Electric	No
HVAC	Air Filter Alarm or Sensor		Electric Gas	No
HVAC	Air Filter Upgrade -- MERV	MERV 13 air filter upgrade. Must be installed with an ECM fan motor and a filter sensor or alarm.	Electric Gas	No
HVAC	Central Air Conditioning Unit		Electric	No
HVAC	Central Heating and Air Conditioning System		Electric Gas	No
HVAC	Diagnostic or Fault Detection Alert Systems		Electric Gas	No
HVAC	Duct Insulation		Electric Gas	Yes
HVAC	Duct Sealing		Electric Gas	No
HVAC	Duct Sizing or Optimization		Electric Gas	No
HVAC	ECM Furnace Fan Motor		Electric	No
HVAC	Evaporative Cooling		Electric	No
HVAC	Fan or Motor Control		Electric	No
HVAC	Furnace -- Residential		Gas	No
HVAC	Heat Pump		Electric	No	Yes
HVAC	HVAC Tune-up and Optimization		Electric Gas	No
HVAC	Hydronic Radiant Heating		Electric Gas	No
HVAC	Mini Split	18 SEER or greater	Electric	No	Yes
HVAC	Mini Split Air Conditioning System	18 SEER or greater	Electric	No	Yes
HVAC	Smart Thermostat	Programmable and communicating thermostat	Electric Gas	Yes
HVAC	Ventilation Fan	ENERGY STAR	Electric	No
HVAC	Wall Furnace		Gas	No
HVAC	Whole House Fan		Electric	No
Lighting	LED Lighting	LED lighting bulbs and fixtures. Must be ENERGY STAR Certified. Recessed light fixtures in insulated ceilings must be rated ICAT (insulation contact air tight).	Electric	Yes
Lighting	LED Tape Lighting		Electric	Yes
Other	Other Measures Qualifying Through IOU/REN/CCA Programs	Measure not elsewhere on this list that qualifies for an IOU/REN/CCA energy efficiency or demand-side energy program.	Electric Gas	No
Other	Other Measures Qualifying Through IOU/REN/CCA Programs -- Self Install	Measure not elsewhere on this list that qualifies for an IOU/REN/CCA energy efficiency or demand-side energy program and for which the IOU/REN/CCA program allows self-install.	Electric Gas	Yes
Other	Smart Home Energy Management System	ENERGY STAR	Electric Gas	Yes
Pool Products	Pool Cover (Electric Heater)		Electric	Yes
Pool Products	Pool Cover (Gas Heater)		Gas	Yes
Pool Products	Pool Pump Motor	ENERGY STAR	Electric	Yes
Transportation	Electric Vehicle Chargers	ENERGY STAR Must be capable of internet connectivity for grid connection.	Electric	No
Water Heating	Faucet Aerator		Electric Gas	Yes
Water Heating	Heat Pump Water Heater	ENERGY STAR	Electric	No	Yes
Water Heating	Pipe Insulation		Electric Gas	Yes
Water Heating	Shower Head -- Low Flow		Electric Gas	Yes
Water Heating	Shower Thermostatic Valve		Electric Gas	No
Water Heating	Solar Water Heater	ENERGY STAR	Electric	No	Yes
Water Heating	Tank Insulation		Electric Gas	Yes
Water Heating	Tank Water Heater (Gas)	ENERGY STAR	Gas	No
Water Heating	Tankless Water Heater (Electric)		Electric	No	Yes
Water Heating	Tankless Water Heater (Gas)	ENERGY STAR	Gas	No

Cal. Code Regs. Tit. 4, § 10091.11

Note: Authority cited: Section 26009, Public Resources Code. Reference: Sections 26003(a)(3)(A), 26003(a)(6), 26003(a)(8)(A) and 26040, Public Resources Code.

Note: Authority cited: Section 26009, Public Resources Code. Reference: Sections 26003(a)(3)(A), 26003(a)(6), 26003(a)(8)(A) and 26040, Public Resources Code.

1. New section filed 3-9-2015 as an emergency; operative 3-9-2015 (Register 2015, No. 11). A Certificate of Compliance must be transmitted to OAL by 9-8-2015 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 9-8-2015 as a deemed emergency pursuant to Public Resources Code section 26009, including amendment of subsection (a), new subsection (a)(1)(C) and (a)(1)(F), subsection relettering, amendment of subsection (d), new subsection (e), subsection relettering and amendment of newly designated subsection (f); operative 9-8-2015 (Register 2015, No. 37). A Certificate of Compliance must be transmitted to OAL by 12-7-2015 or emergency language will be repealed by operation of law on the following day.
3. New section, including 9-8-2015 amendments, refiled 12-3-2015 as a deemed emergency pursuant to Public Resources Code section 26009; operative 12-7-2015 (Register 2015, No. 49). A Certificate of Compliance must be transmitted to OAL by 3-7-2016 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 12-3-2015 order, including further amendment of section, transmitted to OAL 3-1-2016 and filed 4-13-2016; amendments operative 4-13-2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 16).
5. Certificate of Compliance as to 5-30-2018 order, including new subsection (a)(1)(J), transmitted to OAL 8-3-2018 and filed 9-17-2018; amendments effective 9/17/2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 38).
6. Amendment filed 5-24-2021 as an emergency; operative 5/24/2021 (Register 2021, No. 22). Emergency expiration extended 60 days pursuant to Executive Order N-40-20 plus an additional 60 days pursuant to Executive Order N-71-20. A Certificate of Compliance must be transmitted to OAL by 3-22-2022 or emergency language will be repealed by operation of law on the following day.
7. Change without regulatory effect amending subsection (b)(4) filed 8-25-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 35).
8. Amendment refiled 3-17-2022 as an emergency; operative 3/23/2022 (Register 2022, No. 11). A Certificate of Compliance must be transmitted to OAL by 6-21-2022 or emergency language will be repealed by operation of law on the following day.
9. Amendment refiled 6-20-2022 as an emergency; operative 6/22/2022 (Register 2022, No. 25). A Certificate of Compliance must be transmitted to OAL by 9-20-2022 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 6-20-2022 order transmitted to OAL 8-19-2022 and filed 9/29/2022 (Register 2022, No. 39).
11. Renumbering of section 10091.11 to section 10091.12 and former section 10091.10 to 10091.11, including amendment of subsections (b)-(b)(1), (c)(2), (c)(4) and (f)(1), new subsection (f)(1)(C) and amendment of subsections (f)(3) and (j), filed 4-15-2024 as an emergency; operative 4/15/2024 (Register 2024, No. 16). A Certificate of Compliance must be transmitted to OAL by 10-14-2024 or emergency language will be repealed by operation of law on the following day.
12. Renumbering of section 10091.11 to section 10091.12 and former section 10091.10 to 10091.11, including amendment of subsections (b)-(b)(1), (c)(2), (c)(4) and (f)(1), new subsection (f)(1)(C) and amendment of subsections (f)(3) and (j), refiled 6-14-2024 as an emergency; operative 6/20/2024 (Register 2024, No. 24). A Certificate of Compliance must be transmitted to OAL by 9-18-2024 or emergency language will be repealed by operation of law on the following day.
13. Certificate of Compliance as to 6-14-2024 order transmitted to OAL 7-19-2024 and filed 8/30/2024 (Register 2024, No. 35).