Article 3 - Clean Energy Upgrade Program

California Public Resources Code — §§ 26070-26074

Sections (5)

Added by Stats. 2012, Ch. 677, Sec. 33. (SB 1128) Effective January 1, 2013.

The authority shall administer a Clean Energy Upgrade Program to reduce overall costs to the property owners of a loan provided by an applicant to finance the installation of distributed generation renewable energy sources, electric vehicle charging infrastructure, or energy or water efficiency improvements that are permanently fixed to real property by providing a reserve or other financial assistance at a level to be determined by the State Energy Resources Conservation and Development Commission and the authority. Improvements financed pursuant to this program shall be for a residential project of three units or fewer or a commercial project that costs less than twenty-five thousand dollars ($25,000) in total.

§ 26071

Added by Stats. 2012, Ch. 677, Sec. 33. (SB 1128) Effective January 1, 2013.

(a)The authority shall adopt regulations governing the implementation of this chapter, including quality assurance pursuant to subdivision (b) of Section 26072, at a publicly noticed meeting. Notwithstanding any other law, regulations adopted pursuant to this section may be adopted as emergency regulations pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

(b)For the purposes of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, including Section 11349.6 of that code, the Office of Administrative

Law shall consider the adoption of the regulations

pursuant to subdivision (a) to be necessary for the immediate preservation of the public peace, health and safety, and general welfare.

§ 26072

Added by Stats. 2012, Ch. 677, Sec. 33. (SB 1128) Effective January 1, 2013.

(a)An applicant shall submit to the authority an application providing a detailed description of the loan program to finance the installation of distributed generation renewable energy sources, electric vehicle charging infrastructure, or energy or water efficiency improvements on real property, a detailed description of the transactional activities associated with the loan issuance, including all transactional costs, and other information deemed necessary by the authority.

(b)The authority shall ensure that all improvements financed by the program meet quality assurance standards developed by

the authority in consultation with the State Energy Resources Conservation and Development Commission. The standards shall include contractor certification and third-party inspection of an appropriate portion of completed projects to ensure project performance and consumer protection.

§ 26073

Added by Stats. 2012, Ch. 677, Sec. 33. (SB 1128) Effective January 1, 2013.

(a)In evaluating eligibility, the authority shall consider whether the applicant’s loan program includes the following conditions:

(1)Loan recipients are legal owners of underlying property.

(2)Loan recipients are current on mortgage and property tax payments.

(3)Loan recipients are not in default or in bankruptcy proceedings.

(4)Loans are for less than 10 percent of the value of the property.

(5)The program offers financing for energy and water efficiency improvements.

(6)Improvements financed by the program follow applicable standards of energy efficiency retrofit work, including any guidelines adopted by the State Energy Resources Conservation and Development Commission.

(b)In evaluating an application, the authority shall consider all of the following factors:

(1)The use by the loan program of best practices, adopted by the authority, to qualify eligible properties for participation in underwriting the loan program.

(2)The cost efficiency of the applicant’s loan program.

(3)The projected number of jobs created by the loan program.

(4)The applicant’s loan program requirements for quality assurance and consumer protection, as related to achieving efficiency and clean energy production, in accordance with the standards

developed pursuant to subdivision (b) of Section 26072.

(5)The mechanisms by which savings produced by this program are passed on to the property owners.

(6)Any other factors deemed appropriate by the authority.

(c)The authority may approve a loan program that offers financing for electric vehicle charging infrastructure if the electric vehicle charging infrastructure is part of a project to install energy efficiency improvements and distributed generation renewable energy resources and is designed so that the project does

not increase peak energy demand.

§ 26074

Added by Stats. 2012, Ch. 677, Sec. 33. (SB 1128) Effective January 1, 2013.

(a)The authority shall require certification from a loan applicant that each loan offered pursuant to the applicant’s loan program is consistent with the requirements of the Clean Energy Upgrade Program administered pursuant to this chapter.

(b)If the conditions of subdivision (a) are satisfied, the authority shall allocate to the applicant, at the closing of the loan, the amount made available from the Renewable Resource Trust Fund in the form of financial assistance as approved by the State Energy Resources Conservation and Development Commission and the authority. Prior to providing financial assistance

pursuant to this section, the authority shall enter into an agreement with the applicant regarding the financial assistance, including the process for the possible return of moneys disbursed to or on behalf of the applicant.