ZERO NET ENERGY OPPORTUNITY ANNOUNCEMENT

ZERO NET ENERGY OPPORTUNITY ANNOUNCEMENT
PROPOSITION 39 ZERO NET ENERGY PILOT PROGRAM
Pacific Gas and Electric Company (PG&E)
San Diego Gas & Electric Company (SDG&E)
Southern California Edison Company (SCE)
Southern California Gas Company (SoCalGas)
**May 15, 2015 updates to the Opportunity Announcement are highlighted in red text and
strikethrough. **
A webinar for interested applicants will be held from 2-3 PM on Monday, May 4th. Register to
participate here: https://pge.webex.com/pge/j.php?RGID=r5d915a7a27e5d61305a1c52bbb2bd4f7
Questions on this Opportunity Announcement are due by 12 PM noon on Friday, May 8, 2015 to
[email protected]
Written responses will be posted to www.EnergyDesignResources.com/Prop39 by Friday, May 15,
2015
Phase I Initial Screening Questionnaires (see Attachment) are due to
[email protected] by 5 PM Friday, May 22, 2015
Exhibit A:
Exhibit B:
Demonstration Project Selection Criteria
Example Participation Agreement (for reference only – do not complete)
Attachment:
Phase I Initial Screening Questionnaire (Due May 22, 2015)
The California Investor Owned Utilities' (IOUs') Proposition 39 Zero Net Energy (ZNE) Pilot Program
(Pilot) seeks to assist public K-12 School and California Community Colleges with zero net energy (ZNE)
performance goals. This Opportunity Announcement outlines the background, scope of assistance,
eligibility, and selection criteria information for the Pilot.
Background
Proposition 39, the California Clean Energy Jobs Act of 2012 (Prop 39), provides up to $550 million per
year to improve energy efficiency and increase the use of clean energy in public schools. Local
Educational Agencies (LEAs) and community colleges are able to apply for the five-year program by
submitting an energy expenditure plan application to the California Energy Commission (CEC). The
California Public Utilities Commission (CPUC) identified Prop 39 as an opportunity to expand California’s
progress on deep retrofits and ZNE retrofits.
Prop 39 ZNE Pilot Opportunity Announcement
The Pilot will assist schools and community colleges in retrofitting existing facilities to ZNE by leveraging
Prop 39 funding. The goal of this activity will be to establish “proof of concept” that ZNE retrofits of
schools is feasible across California. The IOUs are targeting approximately 13-18 projects in 13-18 school
districts or community colleges with this effort. Additionally, to serve the schools community more
broadly, the IOUs will disseminate learnings, processes and materials germane to ZNE amongst the
many stakeholders in the California schools community. These efforts would involve training classes and
webinars, publications, design guides and recognition events as dissemination vehicles. Finally, the IOUs
would learn from the Pilot to explore the feasibility of a larger-scale program for future years. Taken
together, the Pilot efforts are intended to address ZNE needs in schools on a comprehensive and
sustainable basis though the duration of Proposition 39 and beyond. The scope of the Pilot aligns with
Prop 39 by encompassing both K-12 public institutions and community colleges. This Opportunity
Announcement focuses on the process to identify and select the 13-18 ZNE demonstration projects. .
Definition of ZNE
The 2013 Integrated Energy Policy Report (IEPR) describes the goals and policy framework for
ZNE building in California:
“California has a policy goal of achieving ZNE building standards by 2020 for low-rise
residential buildings and by 2030 for commercial buildings. In addition, Governor
Brown’s Executive Order B-18-12 establishes goals for ZNE construction in new and
existing state buildings between now and 2025. As a step toward achieving these goals,
the CEC has worked closely with the CPUC and stakeholders (including the IOUs) to
develop the following definition:
A Zero-Net-Energy Code Building is one where the net amount of energy produced by onsite renewable energy resources is equal to the value of the energy consumed annually
by the building, at the level of a single “project” seeking development entitlements and
building code permits, measured using the CEC’s Time Dependent Valuation metric. A
zero-net energy code building meets an energy use intensity value designated in the
Building Energy Efficiency Standards by building type and climate zone that reflect best
practices for highly efficient buildings.”
The IOUs wish to emphasize that this definition requires “best practice” levels of efficiency. That is,
zeroing out the energy footprint of a building with average or low levels of efficiency by way of a large
amount of renewable generation would not meet California’s definition of “ZNE.” As described in
Eligibility (below), the IOUs will consider projects with pre-existing renewable installations, but this will
not be considered an advantage. The goal of the Pilot is to retrofit existing school facilities to an
extremely low energy footprint in the range of 16-22 kBtu/SF/year at the site; low enough to ensure that
the smallest (and therefore least costly) renewable system can be used to achieve ZNE.
The IEPR also describes additional requirements in order to make the ZNE definition functional.
“Making the ZNE definition operational will require ongoing efforts through the 2016
and 2019 code development cycles and beyond. To ensure that all buildings have a
pathway to compliance, the CEC anticipates establishing reasonable exceptions to
account for building and building site limitations. Several other issues also require
further discussion and should be addressed through broad working group participation.
2
Prop 39 ZNE Pilot Opportunity Announcement
Recommendations to ensure success in meeting the ZNE goals as they are currently
outlined include:






adopting triennial building standards updates that increase the efficiency of new
buildings by 20 to 30 percent in each update;
developing industry-specific training and financial incentives to help achieve
reach standards;
tracking market progress on ZNE construction and performance;
coordinating with the California Public Utilities Commission (CPUC) on future
investor-owned utility new construction-related programs;
collaborating with the CPUC and stakeholders to create workforce development
programs that provide the skills needed to meet ZNE goals; and,
including a voluntary energy tier for ZNE in the California Green Building
Standards Code.”
The IOUs have incorporated these recommendations into this Pilot design.
Scope of Pilot Assistance
The IOUs seek to provide design assistance, technical assistance, equipment buy-down, and
performance evaluation for 13-18 selected projects at significant levels depending on the size of the
project, the energy efficiency and renewable energy targets, and the project completion timeline.
The IOUs’ principal objective in providing this assistance is to reduce barriers to the design, construction,
and operation of zero net energy buildings in California in existing buildings. IOU is especially interested
in replicable and scalable solutions. IOU also seeks to examine the design process and project
performance of ZNE projects, to determine how best to influence future IOU program offerings around
zero net energy for existing school buildings.
Please note that each IOU will operate its Pilot independently except in overlapping service areas, such
as that of SCE and SoCalGas. While there will be slight variations in each IOU’s scope of assistance, this
document outlines the common elements.
As described in greater detail in the Eligibility section, the ideal candidate for the Pilot is a school district
with sufficient funds for a major building renovation absent Prop 39 dollars and Pilot assistance. The
school district is responsible for hiring its own design and construction team if such a team is not already
in existence. The ideal project will be a school facility of 5,000 to 30,000 square feet.
The IOU will select or has selected design and technical assistance firms (“ZNE Consultants”) to assist
with the Pilot. The IOUs and ZNE Consultants will help school project design teams progress through the
Pilot in the following order:
Task 1: Design Consultation (in-kind services)
Task 2: Construction Inspection and Commissioning Support (in-kind services)
Task 3: Incremental Cost Buy-Down (financial assistance)
Task 4: Monitoring, Diagnosis, Correction, and Validation (in-kind services)
3
Prop 39 ZNE Pilot Opportunity Announcement
Task 1 will be tailored to each project based on the current construction status of the school site. As
described more in depth below, Tasks 1, 2, and 4 are significant levels of in-kind services by ZNE
Consultants. Task 3 involves financial assistance for the Project.
Task 1 – Design Consultation. In Task 1, the ZNE Consultants will provide a significant level of highquality design consultation to the participating school. The design will include considerations of solar or
other renewable energy. The assistance will be focused on achieving whole building ZNE and will include
detailed analysis on specific key systems that require “more and better” analysis than is typically
available to school clients under conventional procurement methods used in the school environment.
Such analysis could include detailed consideration of:
o
o
o
o
o
daylighting systems (including building shell and fenestration issues, lighting equipment
selection and control system selection),
natural ventilation systems and
radiant heating and cooling systems
rooftop solar photovoltaic (PV) systems
emerging technologies as appropriate
As required, other advanced building systems will be considered as well. The utilities anticipate
providing this assistance by way of proven, nationally recognized technical consulting. The consultation
element will be structured to produce a design with a very low energy footprint, in the range of 16-22
kBtu/sf/yr at the site; low enough to ensure that the smallest (and therefore least costly) renewable
system can be used to achieve ZNE.
Task 2 – Construction Inspection and Commissioning Support. During the construction and initial
occupancy of the project, the utilities shall structure support efforts to ensure that key building system
features are correctly installed and are operating correctly.
Task 3 – Incremental Cost Buy-Down. The utilities will “buy down” up to the full incremental cost of
achieving the energy utilization footprint required for ZNE. It is anticipated that this structure will be
aligned with existing incentive programs such as Savings By Design as applicable.
Task 4 - Monitoring, Diagnosis, Correction, and Validation. It is commonly the case in construction
efforts that, despite all best efforts, various issues result in unexpected performance problems of some
type. Because achieving ZNE involves very tight performance parameters, it is especially important to
monitor major building systems to check for operating problems and/or anomalies for these
demonstration buildings. As such, Task 4 provides for third party system monitoring to allow diagnosis,
correction and ultimate validation of ZNE performance. Although the monitoring cannot begin until
building completion, design provisions for the monitoring system will be incorporated in conjunction
with Task 1.
All tasks will be performed in coordination with Proposition 39. The IOUs will work with the school
district and CEC to develop a Proposition 39 energy expenditure plan for the Prop 39-funded portion of
the project. The IOUs anticipate that each project to be approximately 3 years in duration, which
includes at least a year of post-construction monitoring and evaluation.
The Pilot encourages projects to take full advantage of IOUs’ energy efficiency and distributed
generation rebate and incentive programs. However, now that California Solar Initiative (CSI) incentives
4
Prop 39 ZNE Pilot Opportunity Announcement
for solar photovoltaic have been fully subscribed, the IOUs will not make a direct financial contribution
to the purchase or installation of solar photovoltaic systems. The IOUs are able to advise on potential
financing options for on-site renewables and the LEA’s Prop 39 funds may also be put towards this
purpose. The CSI Thermal program for thermal hot water heating may also be an option. The IOUs will
incorporate on-site renewables into the project design in Task 1 and the performance evaluation in Task
4.
Eligibility
The IOUs will select 5-8 projects in 2015 and 8-10 projects in 2016. In total, the IOUs would like to
initiate 13-18 projects, preferably at 13-18 different LEAs, throughout the Pilot period (Table 1). Each
project is anticipated to take approximately three years.
Table 1 – Target Number of Demonstration Projects per IOU
PG&E
SoCalGas
SCE
Round 1 (2015-2018)
2-3
Round 2 (2016-2019)
Total
&
SDG&E
Total
2-3
1-2
5-8
3-4
3-4
2
8-10
5-7
5-7
3-4
13-18
Eligible applicants include California Community Colleges and K-12 schools eligible for a Proposition
(Prop) 39 entitlement as listed on the California Department of Education website here:
http://www.cde.ca.gov/fg/aa/ca/prop39cceja.asp.
Applicants must be served by at least one of California’s IOUs and disclose which entity provides their
other services (i.e., Publicly Owned Utilities (POUs), direct access providers, Community Choice
Aggregators, etc.). Applicants with natural gas or electricity service by a municipal utility are also
encouraged to apply as long as the applicant is also served by an IOU. The IOUs will work with the
applicant’s public utility to determine if they are willing to partner on the project.
IOU prefers that projects be at the early stages of entitlement, planning, or design. Eligible applicants
have not installed a Prop 39-funded project at the building in question that may disrupt or hinder the
building’s ability to achieve ZNE status, as defined. The District is willing to develop or re-develop an
energy expenditure plan (EEP) for the site in partnership with the Pilot implementer(s) after initial
retrofit design.
Most importantly, eligible applicants should have funding available in addition to Prop 39 funds to
support a major building renovation of the school building in question. The building should be in the
range of 5,000 to 30,000 square feet. Interested applicants are directed to the last section of this
document for an idea of the investment required to achieve ZNE in existing buildings.
Application Instructions and Selection Process
The IOUs will target a break-down of demonstration projects that roughly mirrors the state’s Prop 39
allocations; the majority of applicants selected will be K-12 (approximately 80%) and the remaining
applicants will be California Community Colleges. This direction reflects the fact that there are many
5
Prop 39 ZNE Pilot Opportunity Announcement
more K-12 schools in California than community colleges and therefore more investment is necessary in
the K-12 market, proportionally, to spur market transformation.
The application and selection process of Prop 39 ZNE Pilot demonstration projects will be two-phased:
 Phase I: Initial Screening (April – May 2015): Interested Pilot participants are asked to complete
an initial screening questionnaire (See here) with basic contact information and building details.
IOUs will use this information and the Selection Criteria (See Exhibit A) to select a group of
Phase I Finalists to proceed to Phase II.
 Phase II: ZNE Viability Modeling (June – August 2015): IOUs will work with Phase I Finalists and
ZNE Consultants to model energy usage, savings opportunities, and building conditions to
determine ZNE viability more in-depth per the Selection Criteria (See Exhibit A). The Phase I
Finalists will be required to sign a site access agreement to allow this work to occur.
Phase I Initial Screening Questionnaire responses are due by 5 PM on Friday, May 22, 2015 for Round 1.
Applicants are asked to email a complete Questionnaire to [email protected].
Please keep email attachments to a reasonable file size (<5 MB total). Please note that Exhibit B is not
required at this time; it is for reference only. Please include the name(s) of your IOU or IOUs (e.g. PG&E,
SCE, SoCalGas, SDG&E) in the email subject line. The IOUs will make every effort to confirm receipt of
emailed Questionnaires within 24 to 48 hours.
Interested school districts that are not selected as Phase I Finalists are encouraged to apply again in
2016.
Application and Selection Schedule
Milestone
Opportunity Announcement issuance date
Official Question Submission Deadline
Issuance of Q&A Responses (posted to
energydesignresources.com/prop39)
Informal Question Submissions
Phase I Initial Screening Questionnaires Due
Notification of Phase I Finalists
Phase II ZNE Viability Modeling
Notification of Phase II Finalists
Deadline for Phase II Finalists to Execute
Participation Agreement (See Exhibit B for an
example)
Date
Wednesday, April 15, 2015
Friday, May 8, 2015 by noon
Friday, May 15, 2015
Ongoing
Friday, May 22, 2015 at 5 PM
June 1, 2015 June 5, 2015
June 1 5 – July 31, 2015
August 15, 2015
September 30, 2015
Determining if the Pilot is Right for your District
A good rule of thumb is, “Do you have enough funding for a major renovation/modernization project
without Utility funding assistance?” If that answer is yes, then you may have enough funding to act as a
foundation for a ZNE retrofit. “Major renovation/modernization” includes significant changes to the
building shell as well as appliances and other fixtures. The IOUs have been asked to provide a dollar per
square foot range to interested applicants. Due to the variability in school facilities – including
6
Prop 39 ZNE Pilot Opportunity Announcement
occupancy type, presence of solar photovoltaic, and building vintage – the IOUs cannot state a cost
range with any degree of confidence. Part of the purpose of this Pilot is to explore the average cost of a
school ZNE retrofit so as to inform other interested schools. The IOUs have designed the Phase I Initial
Screening Questionnaire (See here) to be as simple as possible in order to gauge interest and facilitate
case-by-case considerations with very little time required on the part of the applicant.
It is also important to note that Pilot participants are expected to have their own design, engineering,
and construction teams to perform the work. To highlight this point and how the LEA Project Team
relates to the IOU design and technical team, please see Image 1 – Example Process Flow and Division of
Responsibilities.
Interested applicants are encouraged to explore ZNE case studies listed on the Energy Design Resources
website (see here: http://energydesignresources.com/resources/publications/case-studies.aspx) for a
better idea of the level of financial support necessary for ZNE facilities.
7
Prop 39 ZNE Pilot Opportunity Announcement
Image 1 – Example Process Flow and Division of Responsibilities
Please note that this is an example. The division of responsibilities, process flow, and deliverables will be
unique per project.
8
Exhibit A – Selection Criteria
Prop 39 ZNE Pilot Opportunity Announcement
EXHIBIT A: DEMONSTRATION PROJECT SELECTION
These criteria may be used to select projects in the event there are more candidate sites interested in
the pilot than can be accommodated. Each criterion is weighted with a percentage factor (totaling
100%); factors with a larger percentage are given more weight in the selection process.
Projects will be evaluated twice – once in Phase I: Initial Screening Questionnaire using the information
provided, and again after more in-depth models have been produced through Phase II: ZNE Viability
Modeling. See the Opportunity Announcement for more details.
1. Funding (35%) – The following will be considered:
a. Prop 39 funding – Prop 39 fund allocation, the amount of Local Education Agency (LEA)
allocation that has been spent on planning/design or implementation work to date, and
the amount of LEA allocation the LEA is able to spend on the Zero Net Energy (ZNE) site.
b. Other funding – Non-Prop 39 funding available to the District for a ZNE project.
2. ZNE Viability (25%) – This factor will be determined by obtaining the most recent 12 months of
utility bills, both gas and electric, and performing a calculation to determine viability to ZNE.
Priority will be given to projects that have the higher likelihood for meeting the ZNE
performance goals. To assess this, the IOUs will conduct an energy benchmark to determine a
candidate’s current kBtu/ft2/year and compare it to the ZNE target, 16-22 kBtu/ft2/year. The
purpose of this exercise is to determine if ZNE is feasible at the site, not to give preference to
school sites that are closest to the ZNE target level of efficiency under current conditions. The
IOU will also evaluate the potential for on-site renewable energy by considering factors such as
solar orientation, roof size and condition, and climate. The presence of existing solar PV or other
renewable systems on or around the project site will not preclude participation. Priority will be
given to demonstration project sites between 5,000 and 30,000 square feet in size, but
applications for larger and smaller buildings will also be accepted.
3. Project Diversity (20%) – This factor will aim to ensure there is a diversity of campuses across
climate zones, income levels (as determined by California Department of Education public
record of free and reduced meal plans at the school site), and building vintage. This is important
to show viability of the Program’s success throughout each IOU’s service territory. This criterion
in no way disqualifies good candidates in similar climate zones, with similar income levels or
building vintage, however there will be a 50% cap for campuses which are similar in any of the
three dimensions of diversity in this criterion (e.g., if four projects came from a single climate
zone, only two will be chosen by that IOU to preserve some climate zone diversity; in the case
where all potential projects were from the same climate zone, then all would be accepted in
order to meet Pilot goals for an IOU).
a. Climate Zone diversity details, IOU-specific:
i. SCE’s Preferred Resources Pilot (PRP) is a regional pilot to measure the impact
on the grid of preferred resources- alternatives to building new power plants.
Exhibit A – Selection Criteria
Prop 39 ZNE Pilot Opportunity Announcement
From this study, SCE hopes to develop an approach that will demonstrate that
preferred resources can help meet reliability needs across SCE’s service
territory. This multi-year pilot, to be conducted in central Orange County, will
study the reliability of distributed generation, energy efficiency and
conservation programs, and energy storage. The ZNE concept aligns well with
the stated purpose of the PRP, thus SCE would like to leverage this Prop 39 ZNE
pilot and select a school campus (K-12 or Community College) in the PRP
region. This would accomplish goals for the Prop 39 ZNE pilot, as well as those
for PRP. In tow PRP projects, which is considered climate zone 6 and 8, SCE will
also target projects in a different climate zone, such as climate zone 14 and
15. This aligns with project selection criteria for location by showing climate
zone diversity1.
ii. Pacific Gas & Electric Company (PG&E) initiated a Targeted Demand Side
Management Pilot in 2014 as a proof-of-concept to reduce load on capacityconstrained substations through targeted deployment of energy efficiency
programs. The higher societal value of these savings justifies higher incentive
rates. As such, it would be of benefit to both the Targeted Demand Side
Management Pilot and the Prop 39 ZNE Schools Pilot if one or more
demonstration projects are located in the constrained substation areas.
4. Project Impact (20%) – We are looking to have the largest impact possible within the selected
campuses. Considerations will include the building use (e.g. classrooms, library, offices,
laboratories, gymnasiums) and the size of the project in relation to the campus. Impact will be
considered by total percentage of load reduction in relation to the candidate’s total energy load.
1
For more information on PRP, please see SCE’s website, www.on.sce.com/preferredresources.
Exhibit B – Example Participation Agreement
Prop 39 ZNE Pilot Opportunity Announcement
EXHIBIT B: DESIGN & TECHNICAL ASSISTANCE DEMONSTRATION PROJECT PARTICIPANT
AGREEMENT
Note: This Exhibit B is for reference purposes only and is not part of this Application. Its purpose is to inform interested
applicants of potential requirements for final stage of the project. The final form may differ per IOU.
The Investor Owned Utilities (IOU) Prop 39 ZNE Pilot Program (Pilot) desires to provide design and technical assistance, equipment
buy-down, and performance evaluation to selected projects. The selected projects depend upon the size, energy efficiency and
renewable energy targets, and the project completion timeline.
The IOUs and consultants will help project design team’s progress through the Program in the following order:
 Task1: Design Consultation (in-kind services)
 Task 2: Construction Inspection and Commissioning Support (in-kind services)
 Task 3: Incremental Cost Buy-Down (financial assistance)
 Task 4: Monitoring, Diagnosis, Correction, and Validation (in-kind services)
Tasks 1, 2 and 4 include design and technical assistance through firms selected by IOU (“ZNE Consultants”). These firms will work in
coordination with project design teams throughout the Program consultation process. Task 3 involves financial assistance for the
project.
For Reference Only
Each IOU will operate their Program independently except in joint IOU territories such as that of SCE and SoCalGas. The IOUs
anticipate that each project to be approximately 3 years in duration. Technical assistance will be tailored to each project based on
the individual project stage and the Program timeline.
The Program encourages projects to take advantage of the IOU’s energy efficiency and distributed generation rebate and incentive
programs. For projects that intend to participate in other programs that offer funding or incentives for design assistance (such as
Savings by Design), notification and coordination with IOU staff will be required.
Owner Information
OWNER NAME
ADDRESS
CITY/STATE
PROJECT CONTACT
TITLE
(
)
PHONE NO.
(
ZIP CODE
)
FAX NO.
EMAIL
Representative Information
REPRESENTATIVE COMPANY NAME
REPRESENTATIVE ADDRESS
CITY/STATE
REPRESENTATIVE PROJECT CONTACT
TITLE
(
)
PHONE NO.
(
)
FAX NO.
EMAIL
ZIP CODE
Exhibit B – Example Participation Agreement
Prop 39 ZNE Pilot Opportunity Announcement
Project Information
PROJECT NAME/LOCATION
EST. DESIGN COMPLETION
EST. CONSTRUCTION
COMPLETION
ADDRESS
CITY/STATE
ZIP CODE
CONDITIONED SF
FACILITY SIC(s)
# OF BUILDINGS
GROSS SF
Proposed Design & Technical Assistance (To Be Completed on a Per Project Basis by respective Utility)
Task
Design Consultation
Services to be Provided by the Utility
□
□
□
□
□
□
□
□
□
□
□
□
□
□
□
□
□
□
□
□
□
□
□
□
□
□
□
□
For Reference Only
Construction Inspection and
Commissioning Support
Incremental Cost Buy-Down
Monitoring, Diagnosis,
Correction, and Validation
Exhibit B – Example Participation Agreement
Prop 39 ZNE Pilot Opportunity Announcement
TERMS AND CONDITIONS:
This Agreement is entered into by _______ (Utility) and the _______________(Owner).The purpose of this Agreement is
to educate Owner of the energy efficiency methods that improve building or system performance beyond Title 24
requirements (Proposed Methods). This Agreement is a one-time offer to provide design, technical, and financial
assistance to the Owner for participation in the Zero Net Energy Prop 39 Pilot Program. Design Assistance will only be
authorized upon Utility’s execution of this Agreement.
Utility makes no representations and warranties as to the economic or technical feasibility, operational capability, or
reliability of the Proposed Methods. Utility will present Owner with a number of Proposed Methods, the feasibility and
costs of which are currently unknown to Utility and Owner. .
Funding approved for this Program is limited and will be allocated subject to the availability of authorized funds. The
Utility reserves the right to terminate this Agreement if the project has no activity for any 6-month period during the
Agreement.
Utility reserves the right in its sole discretion to modify or cancel the design assistance offer or Program if the actual
design differs in any way from Owner’s initial proposal. Utility and the California Public Utility Commission (CPUC)
reserves the right to modify or discontinue this Program without prior notices.
OWNER AGREES TO:
Abide by all Program rules and meet Program deadlines, except as modified herein.
Commit to reviewing the Proposed Methods presented by Utility for integrating energy efficiency measures that
will significantly improve building or system performance beyond Title 24 requirements, and to make a good faith effort
to implement those Proposed Methods that Owner deems, in Owner’s sole discretion, to be cost effective.
Install and operate those measures that Owner incorporates into the project in accordance with applicable laws,
safety standards, and existing governmental regulations or orders.
Accept Utility’s determination of the Program’s design assistance to be offered and interactions, and not that of
other Utility programs.
Allow Utility and CPUC representatives (including their contractors) reasonable access to Owner’s planning
documents and project site for design assistance, as well as inspection and verification of installation and operation
Owner understands this inspection and verification is not an electrical safety inspection.
Participate in a measurement and evaluation study. These studies are used to analyze current Program
performance assists with the improvement of future Program designs. Owner agrees to reasonably cooperate with the
study team. .
Owner shall indemnify, defend, and hold harmless Utility, its affiliates, subsidiaries, parent company, officers,
directors, agents, and employees from and against all claims, losses, damages, costs, expenses, and liability caused by
the negligence of Owner or Owner’s agents in implementing a Proposed Method arising from 1) injury to persons or
property, 2) death, 3) violation of any law or regulation (including those that establish strict liability. Owner shall, at
Utility’s request, provide a defense against any claim covered by this indemnity.
Utility shall not be liable for any incidental, special, or consequential damages as a result of this Agreement.
Provide Utility access, or its Agent, to conduct tours of the Premise. Owner may reasonably limit the number of
tours and visitors, the time and date of tours, and prohibit tour access to certain areas so as to avoid conflicts with its
operations. All tours shall be accompanied by Utility personnel and escorted by Owner representative(s).
Provide Utility access, or its Agent, to interview and/or survey Owner’s personnel for the purpose of obtaining
satisfaction rating, testimonials and statements concerning the Project, which Utility shall have the right to use for
publicity purposes.
Owner shall be solely responsible for liabilities and to make arrangements, including entering into and
performing under any contracts with third parties, for this Agreement.
Owner agrees, if applicable, to obtain all necessary permits and Department of State Architect approvals. Owner
will also ensure licensed contractors and prevailing wages are used for Project work per the Department of Industrial
Relations (DIR) requirements for a public works project.
For Reference Only
Exhibit B – Example Participation Agreement
Prop 39 ZNE Pilot Opportunity Announcement
Refrain from making any adjustments and from tampering with monitoring equipment in any way.
Owner understands that Utility makes no representations and warranties as to the economic or technical
feasibility, operational capability, or reliability of the proposed design or design assistance offered. Additionally, Utility
makes no representation and warranties as to proper installation, product endorsement, economic or technical
feasibility, operational capability, and/or reliability of the equipment or project for which design assistance is provided.
Utility shall not act as engineer of record for any Proposed Method and Owner agrees to have its own design team
review and incorporate any Proposed Methods into their own plans and specifications. Owner acknowledges any
design assistance provided is funded through Public Goods Charges from California ratepayers and such services are
intended for the benefit of IOU customers. .
Owner consents to Utility’s assignment of all rights, duties, and obligations under this Agreement. Other than such
assignment by Utility, neither Party shall assign its right or delegate its Duties without the prior written consent of the
other Party, except in connection with the sale or merger of a substantial portion of its properties. Consent to
assignment shall not be unreasonably withheld. If an assignment is requested, the Owner may be required to provide
additional information if requested by Utility.
All reports and publications related to this Project shall be provided to Owner at least 15 days prior to their public
release. During this period Owner shall have the right to review and approve, delete or amend any portion which
contains Owner’s Confidential Information. However, descriptions, photographs, technical parameters and performance
information of the Project shall not be considered Confidential Information.
For Reference Only
Utility will provide Owner with information about its findings regarding this Project. Utility shall have all ownership, use
and reproduction rights including exclusive copyright ownership, in all data, reports, research results, summaries,
information, or other written, recorded, photographic or visual materials (Information) produced and collected during
the term of this Agreement. Owner shall not publish or otherwise distribute any Information obtained without the prior
written consent of IOU.
UTILITY MAKES NO WARRANTY, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY
WARRANTIES REGARDING THE DESIGN, CONSTRUCTION, EQUIPMENT, OR INSTALLATIONS REFERRED TO HEREIN, OR
THE BENEFITS TO BE DERIVED FROM THE INSTALLATION, OPERATION, AND USE OF SUCH EQUIPMENT, OR ANY
WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR USE OR APPLICATION. NO AGENT, EMPLOYEE, OR
REPRESENTATIVE OF UTILITY HAS AUTHORITY TO BIND UTILITY TO ANY AFFIRMATION, REPRESENTATION, OR
WARRANTY UNLESS EXPRESSLY MADE AND AGREED TO IN WRITING BY UTILITY.
In witness whereof, the parties have executed this Agreement as of the date
set forth below:
n/a – do not complete
OWNER SIGNATURE
UTILITY SIGNATURE
OWNER’S REPRESENTATIVE
NAME
TITLE
TITLE
DATE
DATE