GoGreen Business Energy Financing Regulations
4/29/22: Notice of Regular Rulemaking
The California Alternative Energy and Advanced Transportation Financing Authority (CAEATFA) is issuing a Notice of Proposed Rulemaking with proposed regulation text for the regular rulemaking process for the Commercial Energy Efficiency Financing (“GoGreen Business”) Program. The Notice is being published on April 29th.
These regulations will complete the rulemaking process initiated by the emergency regulations enacted on July 15, 2021, and re-adopted on January 18, 2022, and April 18, 2022. The public comment period for the Notice of Proposed Rulemaking will end on June 13, 2022.
The regulations include changes made during the emergency process proposed to be made permanent. These include rules for On-Bill Repayment, a streamlined pathway for microloans, additional Energy Savings Measures, and additional Energy Savings Measures made available for self-installation. Other clarifications and minor modifications are proposed.
- View the Notice of Proposed Action
- View the Initial Statement of Reasons
- View the Proposed modified regulations
The Authority has not scheduled a public hearing on this proposed rulemaking. However, a public hearing will be held if any interested person, or his or her duly authorized representative, requests a public hearing to be held relevant to the proposed rulemaking by submitting a written request to the Agency Contact Person identified in this notice no later than fifteen (15) days prior to the close of the written comment period.
Stakeholders and interested parties can submit written comments to email@example.com by June 13, 2022.
If you prefer to receive a hard copy of the Notice or proposed regulations or if you have any questions regarding this action, please contact Aaron Lingenfelter (916) 653-2509, with questions.
4/18/22: Approval of 2nd Emergency Regulations Readopt
On July 19, 2021, the Office of Administrative Law (OAL) approved emergency regulation amendments to the GoGreen Business Energy Financing Program (GoGreen Business). On December 10, 2021, CAEATFA gave public notice of the proposed emergency action to readopt these regulations, as linked above, without further modifications and the readoption took effect on January 18, 2022. On March 15, 2022, the CAEATFA Board approved a second readoption without modifications. On March 25, 2022, CAEATFA gave public notice, as required by Government Code Section 11346.1(a)(2), prior to submission to OAL. The second readoption will be effective as of April 18, 2022.
- View the OAL Approval of Emergency Regulations
- View the Notice of Emergency Regulations
- View the Finding of Emergency
- View the proposed modified regulations
View a slide deck summary of regulation changes.
The amendments in these emergency regulations respond to the challenges and lessons learned from implementing GoGreen Business 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 GoGreen Business. 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 GoGreen Business.
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).
On July 19, 2021, the OAL approved further emergency regulation amendments to the program.