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HomeMy WebLinkAboutItem 5d. Authorization to submit an application for CA Automated Permit Processing Program Grant (CalAPP, Solar Permitting) Item 5d Department: Community Development Cost Center: 4006 For Agenda of: 7/5/2022 Placement: Consent Estimated Time: N/A FROM: Michael Codron, Community Development Director Prepared By: Michael Loew, Deputy Building Official SUBJECT: AUTHORIZATION TO SUBMIT AN APPLICATION FOR THE CALIFORNIA AUTOMATED PERMIT PROCESSING PROGRAM GRANT RECOMMENDATION Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, authorizing an application for the California Automated Permit Processing Program Grant released by the California Energy Commission.” Policy Context This grant funding opportunity supports the purpose and intent of Municipal Code 15.14, to provide an expedited, streamlined solar permitting process that complies with the Solar Rights Act and AB 2188 (Chapter 521, Statutes 2014, California Government Code Section 65850.5). This grant funding opportunity also supports the Climate Action, Open Space, and Sustainable Transportation Major City Goals in the 2021-23 Financial Plan, which focuses on proactively addressing the climate crisis by engaging in projects and integrating best practices that reduce greenhouse gas emissions. DISCUSSION Background On June 1, 2022, the California Energy Commission (CEC) released a Grant Funding Opportunity, GFO-21-402, to provide funding for cities and counties to establish online, automated solar permitting. Senate Bill 129 (Skinner, Budget Act of 2021) appropriates $20 million to the CEC to support a funding program, pursuant to this purpose, and administered through the CalAPP Program. Specifically, the application and solicitation manual (Attachment B) references SolarAPP+ when describing the kind of automated solar permitting platform this funding program is intended to support. SolarAPP+ is a web -based portal, developed by the National Renewable Energy Laboratory, that automates plan reviews for residential solar energy system installations. Page 65 of 189 Item 5d Since March 2022, the Building and Safety Division has been meeting with SolarAPP+ representatives to discuss and plan the implementation of this process. SolarAPP+ integrates with Energov, the current permitting software used by the Community Development Department, and with the recent May 2022 Energov upgrade, the City of San Luis Obispo (City) now has the capability to automate the issuance of qualified solar permits. The City currently charges $179 for a solar permit. In order to meet the standards of Municipal Code 15.14 and the California Solar Rights Act, the Building and Safety Division outsources the review of all solar permit applications at a rate of $117 per review. The implementation of SolarAPP+ would alleviate the $117 burden paid by the City per application. Prior to submitting an application to the City, applicants will have the option to pay SolarAPP+ a fee of $25 for a review that qualifies for an automated permit. This $25 fee is paid directly to SolarAPP+ and will be in addition to the $179 permit fee paid to the City. Since the city has not yet completed the process of adopting an automated, online solar permitting platform, the City is eligible to apply for funding to be utilized for any ongoing allowable costs to complete full program implementation. This includes any time that staff devotes to the application development, internal staff training, and public training for future applicants. Public Engagement This is an administrative item, so no outside public engagement was completed. Public comment can be provided to the City Council through written correspondence prior to the meeting and through public testimony at the meeting. ENVIRONMENTAL REVIEW The California Environmental Quality Act does not ap ply to the recommended action in this report, because the action does not constitute a “Project” under CEQA Guidelines Sec. 15378. FISCAL IMPACT Budgeted: Yes Budget Year: 2022-23 Funding Identified: Yes Page 66 of 189 Item 5d Fiscal Analysis: Funding Sources Total Budget Available Current Funding Request Remaining Balance Annual Ongoing Cost General Fund $ $0 $0 $0 State -- -- -- -- Federal -- -- -- -- Fees -- -- -- -- Other: -- -- -- -- Total $ $0 $0 $0 There will be no negative fiscal impact to the City. The City is eligible, based on having a population less than 50,000, to receive up to $40,000 through this Grant Funding Opportunity. Specific costs that qualify for reimbursement by this grant include: 1. In-house staff time 2. Third party consultation services 3. Training 4. Essential hardware and equipment necessary to support adoption The grant requires the City to submit an invoice for reimbursement after full implementation of the automated, online permitting platform. Funding for the implementation of an automated, online permitting platform was going to come from the Community Development Department operating budget, however, this grant opportunity will reduce the burden on the General Fund and not create additional workload for staff. ALTERNATIVES Continue the recommendation to a later meeting. The alternative is not recommended as the funding will be available on a first come first serve basis and the City does not qualify for expense reimbursement until after a grant agreement has been finalized. ATTACHMENTS A - Draft Resolution authorizing CalAPP Program Grant Application B - Solicitation Manual Page 67 of 189 Page 68 of 189 R ______ RESOLUTION NO. _____ (2022 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, AUTHORIZING AN APPLICATION FOR THE CALIFORNIA AUTOMATED PERMIT PROCESSING PROGRAM GRANT RELEASED BY THE CALIFORNIA ENERGY COMMISSION WHEREAS, Senate Bill 129 (Skinner, Budget Act of 2021) appropriates $20 million in funding to the California Energy Commission (CEC) for all incorporated cities, counties, or cities and counties through a Grant Funding Opportunity (GFO); and WHEREAS, the City Council of San Luis Obispo desire to submit a California Automated Permit Processing (CalAPP) program grant application (“Application”), for approval of grant funding to reimburse qualified expenses associated with implementing an online, automated permitting platform that verifies code compliance and issues permits in real time for a solar energy system; and WHEREAS, the CEC announced GFO-21-402 and associated Application on June 1, 2022 for $40,000 to cities with a population of less than 50,000. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Authorization. The City Council herby authorizes and directs City Staff to apply for and submit to the CEC the Application. SECTION 2. Agreement. In connection with the CalAPP grant, if the Application is approved by the CEC, the City Council, acting though its Community Development Director to submit the Application, enter into, execute, and deliver on behalf of the City, a State of California Agreement (Standard Agreement) for the amount of $40,000, and any and all other documents required or deemed necessary or appropriate evidence and secure the CalAPP grant, the City’s obligations related thereto, and all amendments thereto. Page 69 of 189 Resolution No. _____ (2022 Series) Page 2 R ______ SECTION 3. Terms and Conditions. The City shall be subject to the terms and conditions as specified in the GFO, and the Standard Agreement provided by the CEC after approval. The Application and any and all accompanying documents are incorporated in full as part of the Standard Agreement. Any and all activities funded, information provided, and timelines represented in the Application will be enforceable through the fully executed Standard Agreement. Pursuant to the GFO and in conjunction with the terms of the Standard Agreement, the City hereby agrees to use the funds for eligible uses and allowable expenditures in the manner presented and specifically identified in the approved Application. Upon motion of Council Member ___________, seconded by Council Member ___________, and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this _____ day of _______________ 20 22. ___________________________ Mayor Erica A. Stewart ATTEST: ______________________ Teresa Purrington City Clerk APPROVED AS TO FORM: ______________________ J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ______________________. ___________________________ Teresa Purrington City Clerk Page 70 of 189 GRANT FUNDING OPPORTUNITY California Automated Permit Processing Program GFO-21-402 https://www.energy.ca.gov/funding-opportunities/solicitations State of California California Energy Commission June 2022 Page 71 of 189 June 2022 Page i GFO-21-402 California Automated Permit Processing (CalAPP) Program Table of Contents I. INTRODUCTION ............................................................................................................................................. 1 A. PURPOSE OF SOLICITATION ...................................................................................................................................... 1 B. KEY WORDS/TERMS .............................................................................................................................................. 2 C. PROJECT SCOPE OF WORK ....................................................................................................................................... 2 D. FUNDING ............................................................................................................................................................. 3 E. KEY ACTIVITIES SCHEDULE ....................................................................................................................................... 6 F. QUESTIONS .......................................................................................................................................................... 6 G. APPLICANTS’ ADMONISHMENT & RESPONSIBILITY........................................................................................................ 7 H. BACKGROUND ....................................................................................................................................................... 7 II. APPLICANT ELIGIBILITY REQUIREMENTS ........................................................................................................ 9 A. ELIGIBILITY ........................................................................................................................................................... 9 B. FIRST-COME, FIRST-SERVED .................................................................................................................................... 9 C. TERMS AND CONDITIONS ........................................................................................................................................ 9 III. APPLICATION ORGANIZATION AND SUBMISSION INSTRUCTIONS ............................................................... 10 A. APPLICATION CONTENT ........................................................................................................................................ 10 B. METHOD FOR DELIVERY ....................................................................................................................................... 10 IV. EVALUATION AND AWARD PROCESS ........................................................................................................... 11 A. APPLICATION EVALUATION .................................................................................................................................... 11 B. NOTICE OF PROPOSED AWARD AND AGREEMENT DEVELOPMENT ................................................................................. 11 C. GROUNDS TO REJECT AN APPLICATION OR CANCEL AN AWARD ..................................................................................... 12 D. MISCELLANEOUS ................................................................................................................................................. 12 E. EVALUATION CRITERIA .......................................................................................................................................... 13 ATTACHMENTS Attachment Number Title of Section 01 Application Form (requires signature) 02 Agreement Terms and Conditions Page 72 of 189 June 2022 Page 1 GFO-21-402 California Automated Permit Processing (CalAPP) Program I. Introduction NOTE: This solicitation is for the California Automated Permit Processing (CalAPP) Program and the solicitation documents are unique and different from other California Energy Commission solicitations. Please do not use attachments from other Energy Commission grant solicitations as this will result in disqualification (e.g., EPIC and FPIP programs). A. PURPOSE OF SOLICITATION The purpose of this solicitation is to provide funding for California cities, counties, or cities and counties, to establish online, automated solar permitting. Senate Bill 129 (Skinner, Budget Act of 2021) appropriates $20 million in funding to the California Energy Commission (CEC) to support a funding program pursuant to this purpose. Funding through CalAPP is available to all incorporated cities, counties, or cities and counties to implement an online, automated permitting platform that verifies code compliance and issues permits in real time for a solar energy system. To meet its clean energy goals, California needs new renewable and storage resources, including rooftop solar and storage projects. Per the 2021 Senate Bill 100 Joint Agency Report, achieving 100% clean electricity in California requires an acceleration of the development of rooftop solar projects. CalAPP funding is intended to encourage cities and counties to further enhance permitting processes and accelerate processing and turnaround time, particularly regarding plan review. Overall, funding is intended to promote the development of residential solar and solar- plus-storage systems, greatly decreasing approval times, cutting permitting costs for local governments and homeowners, and helping California meet its greenhouse gas emission reduction goals through an easier installation process. Page 73 of 189 June 2022 Page 2 GFO-21-402 California Automated Permit Processing (CalAPP) Program B. KEY WORDS/TERMS Word/Term Definition Adoption A term for when a new automated permitting platform is fully installed and operational for processing solar permits. Applicant The entity that submits an application to this solicitation. Application An applicant’s written response to this solicitation. Authorized Representative Authorized Representative, the person signing the application form who has authority to enter into an agreement with the CEC. CalAPP California Automated Permit Processing Program CAM Commission Agreement Manager, the person designated by the CEC to oversee the performance of an agreement resulting from this solicitation and to serve as the main point of contact for the Recipient. CAO Commission Agreement Officer CEC State Energy Resources Conservation and Development Commission or, the California Energy Commission. Days Days refers to calendar days. NOPA Notice of Proposed Award, a public notice by the CEC that identifies award recipients. Platform Online, automated solar permitting platform Project Manager The person designated by the applicant to oversee the project and to serve as the main point of contact for the CEC. Project Partner An entity or individual that contributes financially or otherwise to the project (e.g., match funding, provision of a test, demonstration or deployment site), and does not receive CEC funds. Recipient An entity receiving an award under this solicitation. Solicitation This entire document, including all attachments, exhibits, any addendum and written notices, and questions and answers (“solicitation” may be used interchangeably with “Grant Funding Opportunity”). State State of California C. PROJECT SCOPE OF WORK The applicant may apply for grant funding through CalAPP. Awarded applicants, in consultation with the local fire department, district, or authority, shall implement an online, automated solar permitting platform (platform), such as SolarAPP+. SolarAPP+ is a web-based portal, developed by the National Renewable Energy Laboratory, that automates project plan review and produces code-compliant approvals to support building departments in quickly issuing permits for residential solar energy system installations. Attachment 1, the Grant Application Form, is the scope of work. If choosing to adopt a tool other than SolarAPP+, the CEC will verify that it meets the following requirements: Page 74 of 189 June 2022 Page 3 GFO-21-402 California Automated Permit Processing (CalAPP) Program 1. The platform verifies code compliance and issues permits in real time to a licensed contractor for a solar energy system, or an energy storage system paired with a solar energy system, that is no larger than 38.4 kilowatts alternating current nameplate rating. 2. The platform is consistent with the system parameters and configurations of SolarAPP+ as described in D.6, the Verification section of this solicitation manual. D. FUNDING 1. Amount Available and Minimum/Maximum Funding Amounts There is a minimum of $19,000,000 available for grants awarded under this solicitation. Funding levels vary based on population size of the applicant’s jurisdiction, from a minimum of $40,000 to a maximum of $100,000 per awarded applicant. Funding amounts are the maximum that can be invoiced by the awardee to the CEC. The CEC will issue payment only for eligible costs supported by required documentation. Applicant Population Maximum Funding Award Amount Less Than 50,000 $40,000 50,000 to 99,999 $60,000 100,000 to 200,000 $80,000 Greater Than 200,000 $100,000 2. Population Determination The maximum funding award amount is determined by the latest population estimates as of January 1, 2021, or sooner and provisional population estimates as of January 1, 2022, provided by the State of California Department of Finance. Population estimates for each city and county can be accessed at https://dof.ca.gov/forecasting/demographics/. County applicants shall NOT include the population of each city within that county for the purpose of identifying a corresponding award amount since each city can apply individually. A county’s population for purposes of this GFO is considered the population outside of incorporated cities within the county’s borders. 3. Statutory Funding Deadlines Funding through CalAPP is available for encumbrance (funding reservation) until June 30, 2023, and available for liquidation until June 30, 2027. However, due to administrative deadlines, Recipients will have to complete activities, including final invoicing before the liquidation date. Deadlines to submit an application and complete funded activities are identified in Section E below. 4. Budget Costs Allowable Costs only include reasonable amounts and rates for the following:  Ongoing staff labor costs associated directly with the adoption, and maintenance of a qualifying online, automated permitting platform, including:  In-house staff time, including IT resources Page 75 of 189 June 2022 Page 4 GFO-21-402 California Automated Permit Processing (CalAPP) Program  Third-party consultation services  Ongoing, in-house staff time spent on staff training specific to the platform.  Ongoing costs associated with training installers, developers, and other external parties in the use of the system, including but not limited to:  Facility rental  Training printouts and materials  Essential hardware or equipment necessary to support the adoption of a qualifying platform, which could not otherwise be completed without such hardware or equipment.  Following the adoption of an online, automated permitting platform, a maximum of three years of maintenance and subscription costs for permit tracking software in support of the adopted permitting platform.  Maintenance may include adding support for energy storage paired with solar energy system permitting to an existing platform such as SolarAPP+.  Jurisdictions that have started the process of adopting an automated, online solar permitting platform may still apply for funds to go towards any of the ongoing allowable costs in this list in order to complete their full adoption. Unallowable Costs include:  Software not related to the adoption of a qualifying online, automated permitting platform.  Any costs incurred or activities conducted prior to entering into a grant agreement with the Energy Commission or incurred after the grant agreement has ended.  Typically excluded items such as food and beverages.  Fines and penalties.  Advertising costs.  Permit processing fees charged by operator of an online platform to the user.  All other costs not identified as allowable.  Unreasonable amounts or rates. 5. Invoicing and Payment  Payment is issued as reimbursement for eligible costs.  CAM will provide template invoice spreadsheet to Recipient.  If invoicing for in-house staff time, the template invoice spreadsheet must identify the employee’s name, hours worked, and billing rate to be included as a reimbursable expense.  The first invoice must follow the successful adoption of a qualifying solar permitting platform and will be verified by CEC staff prior to payment approval. Following the first invoice after successful adoption, recipients may invoice as frequently as once per month during the grant agreement for post-adoption activities allowed under Page 76 of 189 June 2022 Page 5 GFO-21-402 California Automated Permit Processing (CalAPP) Program section I.D.4. To avoid processing and workload delays, CEC staff highly encourage a frequency of no more than quarterly.  Reimbursement is for:  Paid Costs. Paid costs are expenses which the Recipient has already made payment. o For invoicing, Recipient must submit paid invoices/receipts, or other supporting documentation for line-item expenses over $500. o For expenses under $500, Recipients will have to retain documentation in case it is requested by CEC staff, such as part of an audit. 6. Verification The recipient shall submit the first invoice to the CEC following successful adoption of a qualifying permitting platform. The applicant will indicate on the invoice form that the platform has been fully adopted. CEC staff will verify successful adoption of a platform prior to approving payment of an invoice. The applicant agrees to assist CEC staff with verification, which may include:  Verifying adoption of SolarAPP+ with the National Renewable Energy Laboratory (NREL) or other authorized collaborating partner.  Declaration and attestation of completed grant requirements.  Written report, including screenshots, if the platform is not SolarAPP+.  An online virtual meeting that includes screen-sharing a live demonstration of the platform and answering CEC staff questions.  In-person site visit to demonstrate an in-house platform to CEC staff.  Pictures, system overviews, and other items requested by CEC staff . Applicants choosing to adopt a permitting tool other than SolarAPP+ will be required to attest to minimum capabilities supported by the tool. Applicants must adopt a qualifying tool that:  Performs an automated plan review for residential solar energy systems that completes automatic code compliance checks based on user inputs (such as a contractor), thereby enabling or otherwise issuing permits instantly when the project is confirmed as code compliant, without the need for human review.  Supports online, immediate fee payment once an application is complete, which may include auto-invoicing of permit fee costs.  Supports immediate generation of a permit job card following payment confirmation.  Blocks noncompliant applications from receiving a permit.  Either: o Stand-alone permitting tool; or o Integrates with current software and inspection platform already in use Page 77 of 189 June 2022 Page 6 GFO-21-402 California Automated Permit Processing (CalAPP) Program CEC staff will review these capabilities during the verification process prior to approving payment of invoices. 7. Reporting Following adoption and verification of a qualifying platform, the Energy Commission may request, and the Recipient will provide if requested, annual data on the number of permits issued for solar energy systems and a solar energy system paired with an energy storage system including relevant characteristics of those systems, such as system capacity. E. KEY ACTIVITIES SCHEDULE Key activities, dates, and times for this solicitation and for agreements resulting from this solicitation are presented below. An addendum will be released if the dates change for activities that appear in bold. ACTIVITY DATE TIME1 Solicitation Release June 1, 2022 Deadline to Submit Applications May 1, 2023* 11:59 p.m. Questions and Answers Ongoing Anticipated Notice of Proposed Award Posting Date Ongoing Anticipated Energy Commission Approval Ongoing Anticipated Agreement Start Date Ongoing Anticipated Agreement End Date May 31, 2027 * Because the encumbrance deadline for these funds is June 30, 2023, applicants filed late in the process up to the deadline might not receive funds if the CEC cannot process them in time (e.g., many applicants wait until the last minute and submit all at once). Accordingly, applicants are encouraged to apply as early in the application process as possible. F. QUESTIONS During the solicitation process, direct questions to the Commission Agreement Officer (CAO) listed below: Kevyn Piper, Commission Agreement Officer California Energy Commission 715 P Street Sacramento, California, 95814 Telephone: (916) 827-9241 E-mail: Kevyn.Piper@energy.ca.gov The CAO can answer administrative questions directly to applicants. But if questions of a technical nature arise, the CAO may answer by publicly posting questions and answers in order to provide all applicants the information at the same time. If an applicant discovers a conflict, discrepancy, omission, or other error in the solicitation at any time prior to 5:00 p.m. of the application deadline date, the applicant may notify the CEC in writing via electronic mail and 1 Pacific Standard Time or Pacific Daylight Time, whichever is being observed. Page 78 of 189 June 2022 Page 7 GFO-21-402 California Automated Permit Processing (CalAPP) Program request modification or clarification of the solicitation. The CEC, at its discretion will provide modifications or clarifications by either an addendum to the solicitation or by written notice to all entities that requested the solicitation. Any verbal communication with a Commission employee or anyone else concerning this solicitation is not binding on the State and will in no way alter a specification, term, or condition of the solicitation. Therefore, all communication should be directed in writing via electronic mail to the assigned CAO. G. APPLICANTS’ ADMONISHMENT & RESPONSIBILITY This solicitation manual contains application requirements and instructions. Applicants are responsible for carefully reading the solicitation, asking appropriate questions in a timely manner, ensuring that all solicitation requirements are met, submitting all required responses in a complete manner by the required date and time, and carefully rereading the solicitation before submitting an application. In particular, please carefully read the Application and Evaluation Criteria and Grounds for Rejection in Part IV of this Solicitation Manual and any other resource materials located at: https://www.energy.ca.gov/programs-and-topics/programs/california- automated-permit-processing-program-calapp. Applicants are solely responsible for the cost of developing applications. This cost cannot be charged to the State of California. Applicants should not submit any confidential information in their applications. Applications that include confidential information will be rejected. All submitted documents will become public records upon its inclusion on the ongoing posting of the Notice of Proposed Awards. In addition to any other right reserved to it under this solicitation or that it otherwise has, if the CEC determines, in its sole and absolute discretion, that if an agreement is not being successfully executed with an applicant in a timely manner, the CEC may cancel a proposed award and award funds to another applicant, if applicable. H. BACKGROUND CalAPP is authorized with the passage of Senate Bill 129 (Skinner, Budget Act of 2021). The program is receiving $20 million from the General Fund (up to $1 million available for administrative costs). The funds appropriated shall be used to support a grant program for cities, counties, or cities and counties to establish online solar permitting. Existing law requires every city, county, or city and county to develop a streamlined permitting process for the installation of small residential rooftop solar energy systems, and to approve administratively applications to install such systems through the issuance of a building permit or similar nondiscretionary permit. This solicitation addresses solar permitting processes for city and county building departments by providing grant funding to further improve plan review and approval turnaround time, particularly for small residential rooftop solar energy systems. Improving permitting processes to issue permits quickly is intended to promote the development of solar and storage projects and support California’s clean energy goals. The Energy Commission is aware of proposed legislation that may impact CalAPP. if signed into law. Senate Bill 379, introduced by Senator Wiener in 2021, in its amended version as of May 13, 2022, may require CalAPP awardees to comply with the following provision if this bill is signed into law with existing provisions intact: Page 79 of 189 June 2022 Page 8 GFO-21-402 California Automated Permit Processing (CalAPP) Program  Within one year of implementing an online, automated solar permitting system, a city, county, or city and county shall report annually to the Energy Commission on the number of permits issued for solar energy systems and an energy storage system paired with a solar energy system and the relevant characteristics of those systems. If this or any other law is enacted that impacts CalAPP, applicants agree to comply with the provisions applicable to them. Page 80 of 189 June 2022 Page 9 GFO-21-402 California Automated Permit Processing (CalAPP) Program II. Applicant Eligibility Requirements A. ELIGIBILITY This solicitation is open to all California cities, counties, or cities and counties (including any incorporated towns and villages) that will have costs associated with establishing online solar permitting. Applications from any other entities will not be accepted. Grant applications must be completed and signed by an authorized representative of the applicant’s jurisdiction or will be rejected as indicated in Section IV.E. B. FIRST-COME, FIRST-SERVED Applications for grant funding will be processed on a first-come, first-served basis. Qualifying applications for funding are intended to be accessible to any California jurisdiction interested in adopting a qualifying online, automated permitting platform such as SolarAPP+. Eligible applicants may only receive one award under this solicitation. Multiple applications submitted by the same applicant will be rejected. Staff will continue receiving and processing applications until funding is exhausted or until the application deadline, whichever is first. Prospective applicants are encouraged to submit a complete application as soon as possible to ensure that funding remains available. Applications will be reviewed on a pass/no pass basis using criteria defined in this solicitation manual. C. TERMS AND CONDITIONS Each grant agreement resulting from this solicitation will include terms and conditions that set forth the recipient’s rights and responsibilities. By signing the Application Form (Attachment 1), each applicant agrees to enter into an agreement with the CEC to conduct the proposed project according to the terms and conditions that correspond to its organization, without negotiation. Standard terms and conditions are included as Attachment 2. Failure to agree to the standard terms and conditions by taking actions such as failing to sign the Application Form or indicating that acceptance is based on modification of the terms will result in rejection of the application. Applicants must read the terms and conditions carefully. The CEC reserves the right to modify the terms and conditions prior to executing grant agreements. Page 81 of 189 June 2022 Page 10 GFO-21-402 California Automated Permit Processing (CalAPP) Program III. Application Organization and Submission Instructions A. APPLICATION CONTENT Below is a description of application materials. Completeness in submitting all required information is critical for timely approval and successful implementation. Application Form (Attachment 1) This form requests basic information about the applicant and the project. The application includes an original form that includes all requested information. The application must be signed by an authorized representative of the applicant’s organization or will be rejected as indicated in Section IV.E. The application form collects information that will be used to develop and execute a grant agreement with the CEC. By signing this document, the applicant attests that all information provided is true and correct, and the applicant agrees to the terms of this solicitation. B. METHOD FOR DELIVERY The method of delivery for this solicitation is via email to the CalAPP program inbox, CalAPP@energy.ca.gov. This allows applicants to submit their electronic documents to the CEC prior to the date and time specified in this solicitation. Electronic files must be in Microsoft Word XP (.doc format) or PDF formats unless originally provided in the solicitation in another format. Attachments requiring signatures may be electronically signed or scanned and submitted in PDF format with a wet signature. Applications received after the application due date and time may not be processed. Please note the CEC is not responsible for delays in submitting applications. The due date and time are based on when the CEC receives the application. If an applicant sends its application before the due date and time but it for whatever reason is delayed and the CEC does not receive it until after the deadline, the application will be rejected. Please plan accordingly. Applicants will receive an automated acknowledgement e-mail after submitting their application via email to the CalAPP program inbox. You may contact the Commission Agreement Officer identified in the Questions section of the solicitation for more administrative assistance. Page 82 of 189 June 2022 Page 11 GFO-21-402 California Automated Permit Processing (CalAPP) Program IV. Evaluation and Award Process A. APPLICATION EVALUATION Applications for grant funding will be evaluated and processed based on responses to the information requested in this solicitation on a first-come, first-served basis. Information collected in the application form (attachment 1) will be used to reach an award decision on a pass/no pass basis. A passing application for funding is intended to be accessible to any eligible jurisdiction interested in adopting a qualifying online, automated permitting platform. Submitted applications will be assigned to CEC staff and processed in the order they are received. Applications achieving a “no pass” mark will be reviewed by an Evaluation Committee for confirmation of that determination. Staff will continue accepting and reviewing applications until funding is exhausted or until the application submittal deadline, whichever is first. Eligible applicants may only receive one award under this solicitation. Multiple applications submitted by the same applicant will be rejected. Prospective applicants are encouraged to submit a complete application as soon as possible to ensure that funding remains available. Applications will be reviewed on a pass/no pass basis using criteria defined in this solicitation manual. Applications will be evaluated in one stage: Application Evaluation - Pass/No Pass Applications will be submitted to the Evaluation Committee for review based on the Application and Evaluation Criteria in Section E of this Part.  An application must achieve a “pass” in each section of the Application and Evaluation Criteria.  Clarification Interviews: The Evaluation Committee may conduct optional telephone interviews with applicants during the evaluation process to clarify and/or verify information submitted in the application. However, these interviews may not be used to change or add to the content of the original application. Applicants will not be reimbursed for time spent answering clarifying questions.  All sections must receive a passing score for the application to be approved for an award. B. NOTICE OF PROPOSED AWARD AND AGREEMENT DEVELOPMENT 1. Notice of Proposed Award Applications that achieve a “pass” in the evaluation criteria will proceed.  CEC staff will post a Notice of Proposed Award (NOPA) on an ongoing basis at its discretion that includes: (1) the total funding amount; and (2) the amount of each award. The CEC will post the NOPA on its website, including an email to the program list serve. Proposed awards must be approved by the CEC.  Debriefings: Unsuccessful applicants may request a debriefing after the release of the NOPA by contacting the Commission Agreement Officer listed in Part I via electronic mail. A request for debriefing must be received no later than 30 calendar days after the NOPA is released. Applications that are rejected or achieve a “no pass” mark may submit a new application according to the requirements outlined in the solicitation. Page 83 of 189 June 2022 Page 12 GFO-21-402 California Automated Permit Processing (CalAPP) Program 2. Agreements Applications recommended for funding will be developed into a proposed grant agreement to be considered for CEC approval. Recipients may begin the project only after full execution of the grant agreement (i.e., signature by the Recipient and the CEC).  Agreement Development: The Contracts, Grants, and Loans Office will send the Recipient a grant agreement for approval and signature. The agreement will include the applicable terms and conditions and will incorporate this solicitation and the application by reference. The CEC reserves the right to modify the award documents (including the terms and conditions) prior to executing any agreement.  Failure to Execute an Agreement: If the CEC is unable to successfully execute an agreement with an applicant in a timely manner, it reserves the right to cancel the pending award and use the funds elsewhere, such as to fund the next eligible application. C. GROUNDS TO REJECT AN APPLICATION OR CANCEL AN AWARD Applications that do not pass the screening stage will be rejected. In addition, the CEC reserves the right to reject an application and/or to cancel an award for any reason, including any of the following:  The application contains false or intentionally misleading statements or references that do not support an attribute or condition contended by the applicant.  The application is intended to erroneously and fallaciously mislead the State in any way.  The application does not comply or contains caveats that conflict with the solicitation, and the variation or deviation is material.  The applicant has included a statement or otherwise indicated that it will not accept the terms and conditions, or that acceptance is based on modifications to the terms and conditions.  The application contains confidential information or identifies any portion of the application as confidential. D. MISCELLANEOUS 1. Solicitation Cancellation and Amendment It is the policy of the CEC not to solicit applications unless there is a bona fide intention to award an agreement. However, if it is in the State’s best interest, the CEC reserves the right, in addition to any other rights it has, to do any of the following:  Cancel this solicitation;  Revise the amount of funds available under this solicitation, including maximum funding award amounts;  Amend this solicitation as needed; and/or  Reject any or all applications received in response to this solicitation. If the solicitation is amended, the CEC will post it on the CEC’s website at: https://www.energy.ca.gov/funding-opportunities/solicitations. The CEC will not reimburse applicants for application development expenses under any circumstances, including cancellation of the solicitation. 2. Modification or Withdrawal of Application Page 84 of 189 June 2022 Page 13 GFO-21-402 California Automated Permit Processing (CalAPP) Program Applicants may withdraw or modify a submitted application before the deadline to submit applications by sending a letter to the Commission Agreement Officer listed in Part I. Applications cannot be changed after that date and time. 3. Confidentiality Though the entire evaluation process from receipt of applications up to the posting of the NOPA is confidential, all submitted documents will become publicly available records after the CEC posts applicant’s name on the ongoing NOPA or the solicitation is cancelled. The CEC will not accept or retain applications that identify any portion as confidential. 4. Solicitation Errors If an applicant discovers any ambiguity, conflict, discrepancy, omission, or other error in the solicitation, the applicant should immediately notify the CEC of the error in writing and request modification or clarification of the solicitation. The CEC will provide modifications or clarifications by written notice to all entities that requested the solicitation. The CEC will not be responsible for failure to correct errors. 5. Immaterial Defect The CEC may waive any immaterial defect or deviation contained in an application. The CEC’s waiver will not modify the application or excuse the successful applicant from full compliance with solicitation requirements. 6. Disposition of Applicant’s Documents Upon the posting of applicant’s name on the ongoing NOPA, its application and related materials submitted in response to this solicitation will become property of the State and publicly available records. NOTE ABOUT SIGNATURES: The CEC may have waived the requirement for a signature on application materials for this solicitation. If a notice regarding CEC’s waiver of the signature requirement appears here: https://www.energy.ca.gov/funding-opportunities/solicitations, the waiver applies to this solicitation. In the event of a conflict between the notice and any langu age in this solicitation regarding signatures, the notice will govern. E. EVALUATION CRITERIA Proposals will be evaluated based on the Evaluation Criteria below. ALL items in the Evaluation Criteria must pass to be approved for a proposed award. APPLICATION AND EVALUATION CRITERIA The Application Form (Attachment 1) must respond to each criterion below. The responses must directly relate to the solicitation requirements and focus as stated in the solicitation. Page 85 of 189 June 2022 Page 14 GFO-21-402 California Automated Permit Processing (CalAPP) Program Evaluation Criteria Pass/No Pass 1. Administrative Screening  The application is received by the CEC by the due date and time specified in the “Key Activities Schedule” in Part I of this solicitation and is received in the required manner (e.g., by e-mail).  The application form is signed where indicated. 2. Complete Application  All required sections of the application form are complete, and all information provided is true and correct to the best knowledge of the applicant.  The applicant selected the correct funding amount according to the corresponding population size. 3. Intention to Adopt Qualifying Platform  The applicant successfully identifies a qualifying permitting platform to implement as required in Section I.C.  For platforms other than SolarAPP+, the applicant clearly describes its capabilities and how it meets solicitation requirements. Page 86 of 189