1. (a) General Eligibility. Any Project receiving financing through the terms of the Program must comply with the following eligibility requirements:

   1. (1) The Eligible Affordable Multifamily Customer must be provided with a Bill Impact Estimate (BIE).
   2. (2) The Project must have at least one ESM meeting the requirements described in Section 10093.5(b).
   3. (3) All Project components must be installed by contractors with an active CSLB license that is relevant to the work performed unless the components meet the requirements for self-installation as described in Section 10093.5(c).
   4. (4) The Project must comply with all applicable local, state, and federal laws, rules, regulations, and ordinances, including, but not limited to, Title 24 of the California Code of Regulations.
   5. (5) All permits required to complete each Scope of Work must be approved by the relevant permitting agency.

2. (b) Measure Eligibility. There are two methods by which a measure may qualify as an Energy Saving Measure for Program purposes. Each measure must satisfy either method.

   1. (1) ESM List Method - The measure to be installed at the Eligible Property meets the criteria the Authority has specified on the ESM List.

      1. (A) For each installed ESM, the installing contractor name(s) and active CSLB license number(s) must be provided to the Authority.
   2. (2) Program Partner Method - The measure to be installed at the Eligible Property has been determined to meet the definition of an ESM by a Program Partner.

3. (c) Self-Installers

   1. (1) An Eligible Affordable Multifamily Customer may install, or have installed, without a licensed contractor:

      1. (A) Energy Saving Measures which have been identified on the ESM List as eligible for self-installation; and
      2. (B) Non-ESMs.

4. (d) Quality Assurance/Quality Control

   1. (1) For both measure eligibility methods, in order to verify that Scopes of Work were installed in accordance with the regulations within this Article, within one year after the Enrollment Date of an Eligible Efficiency Agreement, the Authority may conduct one or more of:

      1. (A) A review of data and documentation (desktop review);
      2. (B) A field verification at the Eligible Property(ies); or
      3. (C) Photo verification.
   2. (2) The Authority shall notify the Eligible Affordable Multifamily Customer at least 10 business days prior to conducting a field verification.

Note: Authority cited: Sections 26006 and 26009, Public Resources Code. Reference: Sections 26002, 26002.5, 26003, 26006, 26011 and 26040, Public Resources Code.

History

1. New section filed 5-9-2019 as a deemed emergency pursuant to Public Resources Code section 26009; operative 5-9-2019 (Register 2019, No. 19). A Certificate of Compliance must be transmitted to OAL by 11-5-2019 or emergency language will be repealed by operation of law on the following day.

2. New section refiled 10-31-2019 as a deemed emergency pursuant to Public Resources Code section 26009; operative 11-6-2019 pursuant to Government Code section 11346.1(d) (Register 2019, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-4-2020 or emergency language will be repealed by operation of law on the following day.

3. New section refiled 1-30-2020 as a deemed emergency pursuant to Public Resources Code section 26009; operative 2-5-2020 pursuant to Government Code section 11346.1(d) (Register 2020, No. 5). A Certificate of Compliance must be transmitted to OAL by 5-5-2020 or emergency language will be repealed by operation of law on the following day.

4. Certificate of Compliance as to 1-30-2020 order, including amendment of subsections (a)-(a)(1), (c)(1) and (d)(1)-(d)(2), transmitted to OAL 5-5-2020 and filed 6-17-2020; amendments operative 6-17-2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 25).