Regular Rulemaking Process
Regulations Filed with the Secretary of State – SB 1099
The regulations for the Commercial Energy Efficiency Financing (“SBF”) Program received approval from the Office of Administrative Law (“OAL”) and took effect on January 21, 2020. This formalized the program rules that were initially authorized under emergency regulations (which can be implemented in a shorter time period) and completed the regular rulemaking process.Pursuant to provisions contained in Senate Bill 1099, Chapter 295, Statutes of 2012 (Wright), CAEATFA is providing a link below to the regulatory text approved by OAL and filed with the Secretary of State, including the approved and endorsed Form 400 Certificate of Compliance.
A copy of the approved and endorsed Form 400 Certificate of Compliance filed with the Secretary of State can be viewed HERE.
A copy of the approved regulations filed with the Secretary of State can be viewed HERE.
On December 17, 2018, OAL approved CAEATFA’s initial emergency regulations to establish the Commercial Energy Efficiency Financing Program. The regulations were initially effective for 180 days and were readopted twice under the emergency rulemaking process, extending the emergency regulations for two consecutive 90-day periods.
During the period of time that the SBF regulations were effective under the emergency rulemaking process, CAEATFA staff worked diligently to make the regulations permanent. On December 13, 2019, CAEATFA timely submitted to OAL the Certificate of Compliance and all corresponding documents required to complete the emergency rulemaking process. OAL approved and filed the Certificate of Compliance and regulations with the California Secretary of State on January 21, 2020. The regulations, in their entirety, became effective on January 21, 2020, per Government Code Section 11343.4(b)(3).
Modifications to the regulations were made during the emergency rulemaking process which incorporate “lessons learned” during early implementation of SBF, improve operational effectiveness, and clarify the language of the regulation text.
For more information on the Small Business Financing Program, please visit GoGreenFinancing.com.