Section 10091.6 - Contractor Qualification and Management(a) To participate in the Program as a Participating Contractor, an Eligible Contractor must complete a Program training regarding these regulations and the requirements set forth in these regulations offered by the Authority or the IOUs and submit an application to the Authority including the following information in a form to be specified by the Authority: (1) Business name and address of the Eligible Contractor.(2) Name, website (if any), business address, business telephone number, e-mail address, contact information to be used by customers, title of contact person, and the preferred method of contact, such as email or telephone.(5) Type(s) of CSLB licenses relevant to the work performed under the Program.(6) If the Eligible Contractor would like to have their business profile published on Program websites, geographic areas served, languages spoken, and types of services offered.(7) Authorization, from Eligible Contractors who wish to include their logo for publicity, for the Authority to use that logo on Program websites as well as in other communication materials.(8) The name(s) of individual(s) who are authorized to sign loan enrollment documents on behalf of the Eligible Contractor. The list can be updated at any time by the signatory of the Program application, the contact person defined in Section 10091.6(a)(2), or another individual already authorized to sign loan enrollment documents.(9) The date of the mandatory training attended by the Eligible Contractor, or an attachment from the provider of the mandatory training containing this information.(10) Certification that the Eligible Contractor has no outstanding judgments or liens.(11) The Eligible Contractor's agreement to follow the Program regulations as set forth in this Article, including the project requirements set forth in Section 10091.11.(12) The Eligible Contractor's agreement to hold and maintain a commercial general liability insurance policy or policies of not less than one million dollars ($1,000,000) per occurrence throughout their participation in the Program. The Eligible Contractor shall submit proof of that insurance in its application to the Authority.(13) The Eligible Contractor's agreement to permit the Authority to audit any of the Eligible Contractor's records relating to the projects financed by Enrolled Loans during normal business hours either remotely or on its premises, and to supply any other information relating to those projects as shall be requested by the Authority.(14) The Eligible Contractor's agreement that its representatives and agents are not hired by the Authority or any of the participating IOUs, and shall not represent themselves as being, or claim association or affiliation, with the Authority or any of the participating IOUs in any capacity. Further, the Eligible Contractor shall neither make false or misleading claims about any part of the Program or its performance, including energy performance savings, nor engage in fraudulent or deceitful conduct in the sale or installation of measures.(15) The Eligible Contractor's acknowledgement that its employees and representatives shall be solely responsible for all representations made to Borrowers regarding the Program or work performed for a Borrower under the Program, and shall be responsible for all sales, installations, warranties, maintenance, and service for all products and systems installed.(16) The Eligible Contractor's acknowledgement that the Authority and the State of California will have no liability to the Eligible Contractor under the Program.(17) The Eligible Contractor's agreement that it indemnifies and holds the Authority harmless from any and all damages resulting from its representations, savings estimates, sales, warranties, maintenance, any installed measure, product, and/or system, and service for all installed measures, products, and/or systems.(18) The Eligible Contractor's acknowledgement that information related to their participation in the Program and their projects financed through the Program, may be released to the IOUs, other state agencies, program funders, and the federal government pursuant to contracts, interagency agreements or, if required by law.(19) The Eligible Contractor's agreement to and acknowledgement of the following:(A) The Eligible Contractor is solely responsible for identifying and making any and all disclosures required under applicable laws.(B) The Eligible Contractor shall comply with all applicable laws, possess and maintain all required state licenses, and remain in good standing with all governmental authorities having jurisdiction over its business.(C) The Eligible Contractor acknowledges that the IOUs are not responsible for, and shall have no liability for:(i) The energy improvements funded through the Enrolled Loans supported through the Loss Reserve Accounts.(ii) The assessment of potential benefits and costs associated with those improvements.(iii) The selection of Participating Contractors.(iv) The Participating Contractor's marketing policies and practices.(v) The Authority's educational and outreach activities.(b) The application shall be signed by a person authorized to legally bind the Eligible Contractor, and shall include the signatory's printed name, title, and date.(c) Upon the receipt of a completed application, the Authority will, within ten (10) business days, review and determine whether additional information is required, or whether the application is sufficient to permit the applicant to be a Participating Contractor. The Authority's decision regarding enrollment shall be final. The Authority will notify the Eligible Contractor of its decision.(d) The Authority will add Participating Contractors to a list that will be accessible from its website. If a Participating Contractor fails to enroll a project within a one (1) year period, the Authority shall remove the Participating Contractor from the website.(1) The Authority will provide notice to the Participating Contractor at least ten (10) business days prior to removal, and the Authority will not remove the Participating Contractor from the website if the Participating Contractor requests to remain listed.(2) If, after removal, a Participating Contractor requests to be re-added to the list, the Authority shall re-add the Participating Contractor within ten (10) business days.(e) On an annual basis, the Authority may randomly select a sample of Participating Contractors and conduct an audit to request updated proof of insurance, pursuant to Section 10091.6(a)(13).(f) Annually, the Authority may require up to one hour of Program-related online training to refresh or update Participating Contractors on Program requirements.(g) In the event of a misrepresentation, failure to comply with the requirements set forth in these regulations, or failure to enroll a project with the Program within a three (3) year period, on the part of a Participating Contractor, the Authority may remove the Participating Contractor. The Executive Director shall provide written notice of the removal and the right to appeal in accordance with the procedures set forth in paragraphs (1) through (3) below.(1) Any Participating Contractor receiving a notice of removal shall have the right to submit information to the Authority and asking that the Executive Director reconsider the removal within fifteen (15) business days of the date of the notice.(2) The Executive Director shall have ten (10) business days to respond to any information submitted pursuant to paragraph (1) of this subdivision, either reversing or affirming the removal. The Executive Director shall provide written notice of the decision and the right to appeal the decision to the Authority's governing board pursuant to paragraph (3) of this subdivision.(3) Within fifteen (15) business days of the date of the notice from the Executive Director pursuant to paragraph (2) of this subdivision, the contractor shall have the right to appeal to the Authority's governing board. The appeal shall be in writing and shall set forth the information the contractor believes warrants a reversal of the Executive Director's decision. The Authority's governing board shall consider the appeal at the first regularly scheduled meeting occurring at least twenty (20) business days after the appeal is received.(h) A Participating Contractor may withdraw voluntarily from the Program after giving written notice to the Authority.Cal. Code Regs. Tit. 4, § 10091.6
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 new subsection (c)(1); 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 amendment of subsections (b)-(c)(1), 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. Amendment of subsections (a), (b), (b)(1) and (c) filed 9-5-2017 as an emergency; operative 9-5-2017 (Register 2017, No. 36). A Certificate of Compliance must be transmitted to OAL by 6-4-2018 or emergency language will be repealed by operation of law on the following day.
6. Amendment of subsections (a), (b), (b)(1) and (c) refiled 3-5-2018 as an emergency, including further amendment of subsection (c), repealer and new subsection (c)(1) and new subsections (c)(2)-(c)(3); operative 3-5-2018 (Register 2018, No. 10). A Certificate of Compliance must be transmitted to OAL by 6/4/2018 or emergency language will be repealed by operation of law on the following day.
7. Amendment of subsections (a), (b), (b)(1) and (c) refiled 5-30-2018 as an emergency; operative 6-5-2018 (Register 2018, No. 22). A Certificate of Compliance must be transmitted to OAL by 9-4-2018 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 5-30-2018 order transmitted to OAL 8-3-2018 and filed 9/17/2018 (Register 2018, No. 38).
9. Renumbering of former section 10091.6 to section 10091.7 and renumbering and amendment of former section 10091.5 to section 10091.6 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.
10. Renumbering of former section 10091.6 to section 10091.7 and renumbering and amendment of former section 10091.5 to section 10091.6 refiled 3-17-2022 as an emergency, including new subsection (a)(18) and subsection renumbering; 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.
11. Refiling of 3-17-2022 order on 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.
12. Certificate of Compliance as to 6-20-2022 order transmitted to OAL 8-19-2022 and filed 9/29/2022 (Register 2022, No. 39).
13. Amendment of subsections (a)(8), (a)(11), (a)(19)(C)(i) and (d), new subsections (d)(1)-(2), amendment of subsection (g) and new subsection (h) 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.
14. Amendment of subsections (a)(8), (a)(11), (a)(19)(C)(i) and (d), new subsections (d)(1)-(2), amendment of subsection (g) and new subsection (h) 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.
15. Certificate of Compliance as to 6-14-2024 order transmitted to OAL 7-19-2024 and filed 8/30/2024(Register 2024, No. 35).