Section 10091.7 - Project Developers(a) Eligibility Requirements: To become a Participating Project Developer with the Program, an Eligible Project Developer must:(1) Complete a Program training offered by the Authority regarding these regulations and the requirements set forth in these regulations.(2) Submit an application to the Authority pursuant to Section 10091.7(b).(3) Have no outstanding judgments or liens.(4) Be covered by general liability insurance of at least one million dollars ($1,000,000) per occurrence.(5) Fulfill at least one of the following criteria:(A) Have completed at least ten (10) projects in a project developer role; or(B) Have and maintain a verifiable contract as an IOU, REN, or CCA energy efficiency or demand response program implementer; or(C) Have and maintain a verifiable registration as a third-party demand response provider/aggregator with the PUC and/or an IOU; or(D) Have and maintain a verifiable certification or licensure with a state, federal or commercial energy audit program.(b) Program Application: To participate in the Program, the Eligible Project Developer must submit an application in a format approved by the Authority that:(1) Includes the data points specified in Section 10091.7(d).(2) Includes the acknowledgements specified in Section 10091.7(e) and certifications specified in Section 10091.7(f) and (g).(3) Includes proof of current insurance coverage as described in Section 10091.7(a)(4).(4) Includes proof of compliance with at least one of the criteria described in Section 10091.7(a)(5).(5) Is signed by an individual authorized to legally bind the Eligible Project Developer.(c) Upon 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 meets the above requirements in a manner sufficient to permit the applicant to be a Participating Project Developer. The Authority's decision regarding enrollment will be final. The Authority will notify the Eligible Project Developer of its decision.(d) Data points supplied by the Eligible Project Developer:(1) The project developer organization's name, address, and, if applicable, website URL.(2) Name, title, business address, business phone number, and e-mail address of the project developer's Program contact person.(3) Name, phone number, and e-mail address the Eligible Project Developer will make publicly available for sales and marketing purposes.(4) The name(s) and e-mail address(es) of individual(s) who are authorized to certify and submit data to the Authority.(5) A description of the types of services offered by the Eligible Project Developer as part of the Program.(6) Any languages, in addition to English, in which the Eligible Project Developer can communicate with customers.(7) The geographic area(s) serviced by the Eligible Project Developer.(8) List of any IOU, PUC, REN, or CCA energy efficiency, demand response or third-party programs in which the Eligible Project Developer is currently participating.(9) The date the Eligible Project Developer completed the mandatory training pursuant to Section 10091.7(a)(1).(e) Acknowledgements of the Eligible Project Developer: The application must include the Eligible Project Developer's acknowledgement, signed by an individual authorized to legally bind the Eligible Project Developer, that:(1) Its representatives and agents are not employees of the Authority or any of the participating IOUs, and must not represent themselves as such.(2) The Authority and the State of California will have no liability to the Eligible Project Developer under the Program.(3) The IOUs are not responsible for, and will have no liability for: (A) The energy improvements funded through the Enrolled Financing Agreements supported by the Loss Reserve Accounts;(B) The assessment of potential benefits and costs associated with those improvements;(C) The selection of Eligible Project Developers;(D) The Eligible Project Developer's marketing policies and practices; and(E) The Authority's educational and outreach activities.(4) 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 providing all advertised services as agreed upon with the Borrower.(5) 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.(f) Certifications of the Eligible Project Developer: The application must include the Eligible Project Developer's representation, warranty, and covenant, signed by an individual authorized to legally bind the applicant, that as a Participating Project Developer the entity: (1) Is responsible for identifying and making all disclosures required under applicable finance laws.(2) Must comply with all applicable laws and tariffs, possess and maintain all required state licenses, and remain in good standing with all governmental authorities having jurisdiction over its business.(3) Must follow Program rules as set forth in the regulations within this Article including, but not limited to, the project requirements set forth in Section 10091.11.(4) Must hold and maintain a general liability insurance policy or policies of not less than one million dollars ($1,000,000) per occurrence throughout its participation in the Program. The Eligible Project Developer must submit proof of that insurance in its application to the Authority.(5) Must permit an audit, by the Authority, of any of its records relating to the Projects financed by Enrolled Financing Agreements during normal business hours on its premises, and must supply any other information relating to those projects as requested by the Authority.(6) 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.(7) Must not make false or misleading claims about any part of the Program or its performance, including energy performance savings, or engage in fraudulent or deceitful conduct in the sale or installation of measures.(8) Has no outstanding judgments and/or liens.(g) Additional Certifications of the Eligible Project Developer: (1) In addition to the certifications in Section 10091.7(f), the application must include certifications of the Eligible Project Developer, signed by an individual authorized to legally bind the Eligible Project Developer, that for all Projects submitted for enrollment in the Program as a Participating Project Developer: (A) Any Participating Project Developer service costs were for services related to the Project.(B) The Participating Project Developer complied with all Program regulations, rules, and requirements.(C) All of the information provided by the Participating Project Developer is true and correct to the best of the Participating Project Developer's knowledge.(h) Program Participation: (1) The Authority will publish the names of Participating Project Developers on its website(s) at the Participating Project Developer's request.(2) Participating Project Developers must maintain general liability insurance of at least one million dollars ($1,000,000) per occurrence throughout its enrollment with the Program.(3) On an annual basis, the Authority may request updated proof of insurance, pursuant to Section 10091.7(a)(4).(4) Participating Project Developers must maintain, for a period of no less than eighteen (18) months following the project completion date, all documentation they produced or relied upon in completing the Project, including, but not limited to, invoices, permitting documentation, and records conveying location of installed measures within each Eligible Property.(5) If documents are requested by the Authority as part of a compliance verification pursuant to Section 10091.11(g), the Participating Project Developer must supply the documentation.(6) Annually, the Authority may require up to one hour of Program-related online training to refresh or update Participating Project Developers on Program requirements.(i) Removal from Program: (1) If the Authority finds misrepresentation or failure to comply with the requirements set forth in the regulations within this Article on the part of a Participating Project Developer, the Executive Director may remove the Participating Project Developer from the Program.(2) Upon removal from the Program, the project developer must cease utilizing any Program or associated brand logos or promotional materials and must not represent themselves as affiliated with the Program.(3) Upon the removal of a Participating Project Developer, the Executive Director will remove the project developer from the Authority's website and other promotional materials. The Authority may notify other governmental agencies and/or the IOUs.(4) The Executive Director will provide written notice of the removal, the basis for removal, and the right to appeal in accordance with the procedures set forth in this Section.(A) Any Participating Project Developer receiving a notice of removal has the right to submit information, in writing, to the Authority explaining the misrepresentation or failure to comply with Program requirements and asking that the Executive Director reconsider the removal. The Authority must receive that information within fifteen (15) business days of the date of the notice of removal.(B) The Executive Director will have ten (10) business days to respond to any information submitted pursuant to Section 10091.7(i)(3)(A), either reversing or affirming the removal. The Executive Director must provide written notice of the decision and the right to appeal the decision to the Authority pursuant to Section 10091.7(i)(3)(C).(C) Within fifteen (15) business days of the date of the notice from the Executive Director pursuant to Section 10091.7(i)(3)(B), the Participating Contractor or Participating Project Developer will have the right to appeal to the Authority. The appeal must be in writing and must set forth the information the Participating Project Developer believes warrants a reversal of the Executive Director's decision. The Authority must consider the appeal at the first regularly scheduled board meeting occurring at least twenty (20) business days after the appeal is received.(j) Withdrawal of Participating Project Developer: (1) A Participating Project Developer may withdraw from the Program after giving written notice to the Authority.Cal. Code Regs. Tit. 4, § 10091.7
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)(4), new subsections (a)(8) and (b)(6) and amendment of subsections (g)(1)-(3); 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. Amendment 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 refiled 3-5-2018 as an emergency, including amendment of subsections (a)(3)-(4) and (b)(5); 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 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. Repealer of former section 10091.7 and renumbering and amendment of former section 10091.6 to section 10091.7 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. Repealer of former section 10091.7 and renumbering and amendment of former section 10091.6 to section 10091.7 refiled 3-17-2022 as an emergency, including further amendment of subsections (b)(2) and (e)-(e)(1); 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 filed 12-22-2023 as an emergency; operative 12/22/2023 (Register 2023, No. 51). A Certificate of Compliance must be transmitted to OAL by 6-19-2024 or emergency language will be repealed by operation of law on the following day.
14. Renumbering of former section 10091.7 to section 10091.8 and new section 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.
15. Refiling of 12-22-2023 and 4-15-2025 emergencies on 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.
16. Certificate of Compliance as to 6-14-2024 order, including amendment of subsections (a)(5)(C) and (e)(3)(A)-(C), transmitted to OAL 7-19-2024 and filed 8-30-2024; amendments effective 8/30/2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 35).