Cal. Code Regs. tit. 2, § 1859.71.3 – New Construction Additional Grant for Energy Efficiency.

(a) For Approved Applications received on or before October 30, 2024, in addition to any other funding authorized by these Regulations, the Board shall provide the grant amounts identified in (b) if all the following are met:
1. (1) The project includes energy efficiency components that conform to Subdivision (b) of Education Code Section 17077.35.
2. (2) The average energy efficiency score of all the buildings in the project, as determined by EnergyPro 3.1 or a similar computer program approved by the State Energy Resources Conservation and Development Commission, exceeds the nonresidential building energy efficiency standards specified in Part 6 of Title 24 of the California Code of Regulations by at least 15 percent.
3. (3) DSA has reviewed the proposed project and concurs with the percentage of energy efficiency that exceeds the nonresidential building energy efficiency standards specified in Part 6 of Title 24 of the California Code of Regulations.
4. (4) No portion of the project will be funded with funds made available from the Renewable Energy Program administered by the State Energy Resources Conservation and Development Commission.
5. (5) There are funds remaining in the Energy Efficiency Fund as prescribed in Section 1859.70.1 to apportion some or the entire additional grant provided in (b).
(b) An amount equal to the lesser of the following:
1. (1) The New Construction Grant multiplied by one percent if the percentage of energy efficiency as concurred by DSA in (a)(3) is 15 percent, or by one percent plus 0.04 percent for each 0.1 percent increment of increased energy efficiency up to 25 percent. The multiplier may not exceed five percent.
2. (2) The funds available in the Energy Efficiency Account set aside for this Section.
  If there are no funds remaining in the Energy Efficiency Account or the funds remaining in the Energy Efficiency Account are insufficient to fully fund the additional grant authorized in (b)(1), the School District may either withdraw its application and resubmit it when additional funds are available in the Energy Efficiency Account or continue with the Approved Application and accept a full and final Apportionment without the additional grant authorized by (b)(1) or the lesser apportionment authorized by (b)(2).
(c) For Approved Applications received on or after October 31, 2024, in addition to any other funding authorized by these SFP Regulations, the Board shall provide the amount in (d) if all of the following are met:
1. (1) The project includes energy efficiency components that conform to Subdivision (b) of Education Code Section 17077.35.
2. (2) DSA confirmed the project exceeds the nonresidential building energy efficiency standards specified in Part 6 of Title 24 of the California Code of Regulations through the performance approach to Energy Code compliance or through a combination of prescriptive and/or performance approaches to Energy Code compliance, and the OPSC CA-CHPS requirements in (d).
(d) The New Construction Grant amount multiplied by one of the following:
1. (1) If the project uses the performance only approach to Energy Code compliance, with exception only of mandatory prescriptive measures, 1 percent if no OPSC CA-CHPS score card, (New 12/25) and incorporated by reference, is submitted; 3 percent if the CA-CHPS score is 10 to 50; or 5 percent if the OPSC CA-CHPS point score is 51 to 130.
2. (2) If the project uses either an all prescriptive approach to Energy Code compliance or a combination of prescriptive/performance approaches to Energy Code compliance, 0 percent if no OPSC CA-CHPS score card is submitted; 2 percent if the total OPSC CA-CHPS score is 10 to 50; or 4 percent if the OPSC CA-CHPS point score is 51 to 130.

Note: Authority cited: Section 17070.35, Education Code. Reference: Section 17077.35, Education Code.

History

1. New section filed 11-4-2002 as an emergency; operative 11-4-2002 (Register 2002, No. 45). Pursuant to Education Code section 17070.35 a Certificate of Compliance must be transmitted to OAL by 11-4-2003 or emergency language will be repealed by operation of law on the following day.

2. Certificate of Compliance as to 11-4-2002 order transmitted to OAL 11-4-2003 and filed 12-19-2003 (Register 2003, No. 51).

3. Amendment of subsections (a)(2) and (b)(1) and repealer of subsections (b)(1)(A)-(E) filed 2-28-2005; operative 2-28-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 9).

4. Amendment of subsections (a)(2) and (a)(4) filed 8-21-2006 as an emergency; operative 8-21-2006 (Register 2006, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-2006 or emergency language will be repealed by operation of law on the following day.

5. Certificate of Compliance as to 8-21-2006 order transmitted to OAL 11-9-2006 and filed 12-18-2006 (Register 2006, No. 51).

6. Amendment of subsections (a), (a)(3) and (b)(1)-(2) and new subsections (c)-(d)(2) filed 2-17-2026 as an emergency; operative 2-17-2026 (Register 2026, No. 8). A Certificate of Compliance must be transmitted to OAL by 8-17-2026 or emergency language will be repealed by operation of law on the following day.