7/19/21: Emergency Regulations Enacted
On July 19, 2021, the Office of Administrative Law approved emergency regulation amendments to the Small Business Energy Efficiency Financing Program (SBF). These amended regulations are effective until January 19, 2022.
- View the approval notice from the Office of Administrative Law
- View the Notice and Finding of Emergency
The subject of the modified regulations for SBF was discussed at a public workshop on May 21, 2021, and CAEATFA invited public comment through May 28, 2021. View the slide deck summary of regulation changes that was presented at the workshop here. Following the workshop, CAEATFA made additional changes, based on stakeholder input.
The regulations were publicly noticed, considered, and approved by the CAEATFA Board at a public meeting held on June 15, 2021.
The amendments in these emergency regulations respond to the challenges and lessons learned from implementing SBF over the last two years. In order to reach more small businesses, CAEATFA is streamlining certain aspects of the Program and adding new features such as a microloan pathway. Further, in CPUC Decision 13-09-044, On-Bill Repayment (“OBR”) was authorized to be included in several of the CHEEF pilot programs, including SBF. The CPUC provided additional guidance about OBR in subsequent Decisions 15-06-008, 15-12-002, and 17-03-026. The addition of OBR in these amendments responds to CPUC direction and guidance and implements the CPUC’s order that OBR be included in SBF.
Regular Rulemaking Process
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.
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.