reglab/statecodes huggingface dataset:
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 2 - State Energy Resources Conservation and Development Commission › Chapter 5 - Power Plant Site Certification › Article 7 - Additional Provisions for Considering Expedited Applications Under Public Resources Code Section 25550 › Section 2021 - Purpose of Expedited Proceeding; Applicability of Regulations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The purpose of
				  a six-month application proceeding is to review and certify environmentally
				  acceptable sites and related facilities as expeditiously as possible so as to
				  ensure a reliable supply of electrical energy in a manner consistent with
				  public health and safety, promotion of the general welfare, and protection of
				  the environment. Toward that end, the commission shall give priority in review
				  to applications that qualify for an expedited decision under this Article and
				  demonstrate superiority with respect to environmental protection or efficiency
				  in performance.
(b) The provisions
				  of this Article apply to all applications filed pursuant to Public Resources
				  Code section
				  25550
				  and
				  25550.5,
				  notwithstanding any other provision to the contrary in Chapters 1, 2, and 5.
				  This Article changes the otherwise applicable deadline for a final decision on
				  an application for certification and adjusts other procedural deadlines as
				  appropriate. This Article does not modify any substantive or other procedural
				  requirements applicable to an application proceeding.
1. New
					 article 7 (sections
					 2021-2031) and section filed
					 11-27-2000 as an emergency; operative 11-27-2000 (Register 2000, No. 48). A
					 Certificate of Compliance must be transmitted to OAL by 3-27-2001 or emergency
					 language will be repealed by operation of law on the following day. For prior
					 history of article 7 see Register 83, No. 3.
2. Certificate of
					 Compliance as to 11-27-2000 order transmitted to OAL 3-21-2001 and filed
					 4-25-2001 (Register 2001, No. 17).
3. Amendment of subsection (b)
					 and amendment of NOTE filed 3-8-2002; operative 4-7-2002 (Register 2002, No.
					 10).
Note: Authority cited: Sections
						25213
						and
						25218(e),
						Public Resources Code. Reference: Sections
						25500,
						25550
						and
						25550.5,
						Public Resources Code.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 2 - State Energy Resources Conservation and Development Commission › Chapter 5 - Power Plant Site Certification › Article 7 - Additional Provisions for Considering Expedited Applications Under Public Resources Code Section 25550 › Section 2022 - Information Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any
				  applicant requesting that the commission reach a decision on an application for
				  certification within six months after acceptance of the application shall meet
				  the requirements of this section.
(b) To be eligible for a decision within six
				  months after acceptance of an application, the application shall contain all of
				  the information that is relevant to the project and required in Appendix B to
				  this Chapter. If an information requirement in Appendix B is not relevant to a
				  proposed project because of its design, location, or other particular
				  circumstance, the application need not provide the information and, instead,
				  shall provide an explanation with specific facts as to why the requirement is
				  not relevant to the project as proposed. Applicants are encouraged to request a
				  prefiling review pursuant to section
				  1709.5 to determine the extent to
				  which documentation relevant to a proposed application is sufficient to meet
				  the information requirements in Appendix B and to determine which information
				  requirements, if not all, are relevant to the proposed application. The
				  application shall also contain all of the following:
(1) Substantial evidence that the project as
				  proposed in the application will comply with all standards, ordinances, and
				  laws applicable at the time of certification, including:
(A) a list of all such standards, ordinances,
				  and laws;
(B) information
				  demonstrating that the project as proposed in the application will comply with
				  all such standards, ordinances, and laws;
(C) where a standard, ordinance, or law is
				  expected to change between the time of filing an application and certification,
				  information from the responsible jurisdiction documenting the impending change,
				  the schedule for enactment of the change, and whether the proposed project will
				  comply with the changed standard, ordinance, or law; and
(D) a list of the requirements for permitting
				  by each federal, state, regional, and local agency that has jurisdiction over
				  the proposed project or that would have jurisdiction, but for the exclusive
				  jurisdiction of the commission, and the information necessary to meet those
				  requirements;
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 2 - State Energy Resources Conservation and Development Commission › Chapter 5 - Power Plant Site Certification › Article 7 - Additional Provisions for Considering Expedited Applications Under Public Resources Code Section 25550 › Section 2024 - Intervention

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any person may file a petition to intervene within 100 days
					 after the acceptance of an application. The petition shall be served upon all
					 parties.
1. New
					 section filed 11-27-2000 as an emergency; operative 11-27-2000 (Register 2000,
					 No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-2001 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. Certificate of Compliance as to 11-27-2000 order transmitted
					 to OAL 3-21-2001 and filed 4-25-2001 (Register 2001, No.
					 17).
Note: Authority cited: Sections
						25213
						and
						25218(e),
						Public Resources Code. Reference: Sections
						25214
						and
						25550,
						Public Resources Code.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 2 - State Energy Resources Conservation and Development Commission › Chapter 5 - Power Plant Site Certification › Article 7 - Additional Provisions for Considering Expedited Applications Under Public Resources Code Section 25550 › Section 2025 - Discovery

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Within 90 days after acceptance of the application, any
					 party may file a data request of the applicant or of any other party. Absent an
					 objection pursuant to section
					 1716(f), the
					 applicant or other party shall provide the information requested within 20 days
					 of the date that the request is made or by another date agreed to by the
					 requesting and responding parties or ordered by the
					 committee.
1. New
					 section filed 11-27-2000 as an emergency; operative 11-27-2000 (Register 2000,
					 No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-2001 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. Certificate of Compliance as to 11-27-2000 order transmitted
					 to OAL 3-21-2001 and filed 4-25-2001 (Register 2001, No.
					 17).
Note: Authority cited: Sections
						25213
						and
						25218(e),
						Public Resources Code. Reference: Sections
						25210,
						25519(b)
						and
						25550,
						Public Resources Code; and Section
						11181,
						Government Code.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 2 - State Energy Resources Conservation and Development Commission › Chapter 5 - Power Plant Site Certification › Article 7 - Additional Provisions for Considering Expedited Applications Under Public Resources Code Section 25550 › Section 2026 - Agency Comments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Within 60 days after the acceptance of an application under this Article, the
				  California Independent System Operator or other interconnecting authority and
				  all local, regional, and state agencies that have jurisdiction over the project
				  or would have jurisdiction, but for the exclusive jurisdiction of the
				  commission, shall file and serve on all parties their preliminary approval,
				  comments, determinations, and opinions.
(b) Within 100 days after the acceptance of
				  an application, all local, regional, and state agencies that have jurisdiction
				  over the project or would have jurisdiction, but for the exclusive jurisdiction
				  of the commission, shall file and serve on all parties their final comments,
				  determinations, and opinions.
1. New
					 section filed 11-27-2000 as an emergency; operative 11-27-2000 (Register 2000,
					 No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-2001 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. Certificate of Compliance as to 11-27-2000 order transmitted
					 to OAL 3-21-2001 and filed 4-25-2001 (Register 2001, No.
					 17).
Note: Authority cited: Sections
						25213
						and
						25218(e),
						Public Resources Code. Reference: Sections
						25519(f),
						25519(j),
						25523(d)
						and
						25550,
						Public Resources Code.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 2 - State Energy Resources Conservation and Development Commission › Chapter 5 - Power Plant Site Certification › Article 7 - Additional Provisions for Considering Expedited Applications Under Public Resources Code Section 25550 › Section 2027 - Staff Reports

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within 75
				  days after acceptance of an application that is eligible for a six-month
				  decision, the staff shall file an initial report of the environmental impacts
				  and other aspects of the proposed project in accordance with sections
				  1742 and
				  1744. Based on information known
				  and available to the staff, the staff's initial report shall:
(1) discuss whether the project complies with
				  all applicable standards, ordinances, and laws,
(2) identify and assess the impacts that may
				  result from the project on the environment,
(3) identify and assess the impacts that may
				  result from the project on the electrical system,
(4) assess the sufficiency of the mitigation
				  as proposed by the applicant,
(5)
				  recommend mitigation where the staff believes it is needed in addition to or as
				  an alternative to that proposed by the applicant,
(6) discuss the feasibility of available site
				  and/or facility alternatives that substantially lessen the significant adverse
				  impacts of the project on the environment, and
(7) identify the areas in need of further
				  analysis that will be the focus of the final staff report on the
				  project.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 2 - State Energy Resources Conservation and Development Commission › Chapter 5 - Power Plant Site Certification › Article 7 - Additional Provisions for Considering Expedited Applications Under Public Resources Code Section 25550 › Section 2028 - Removal of the Project from the Six-Month Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) At any time after acceptance of the
				  application, but no later than the final date for filing testimony, any party
				  may petition the committee to remove the project from the provisions of this
				  Article and thereby change the deadline for a commission decision from six
				  months after acceptance to twelve months after acceptance. The petition shall
				  show that there is substantial evidence in the record that the project:
(1) may result in a significant adverse
				  unmitigated impact on the environment;
(2) may result in a significant adverse
				  unmitigated impact on the electrical system;
(3) will not comply with an applicable
				  standard, ordinance, or law; or
(4)
				  has changed substantially from what was proposed in the application and
				  requires substantial new analysis or generates substantial public controversy.
				  The petition and other pleadings shall be filed in accordance with sections
				  1208 and
				  1208.1. The petition and other
				  pleadings shall be served on all parties in accordance with sections
				  1209 and
				  1210.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 2 - State Energy Resources Conservation and Development Commission › Chapter 5 - Power Plant Site Certification › Article 7 - Additional Provisions for Considering Expedited Applications Under Public Resources Code Section 25550 › Section 2029 - Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within 135 days
				  after acceptance of the application, the committee shall commence evidentiary
				  hearings.
(b) Any party may submit
				  testimony in accordance with a schedule determined by the committee.
1. New
					 section filed 11-27-2000 as an emergency; operative 11-27-2000 (Register 2000,
					 No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-2001 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. Certificate of Compliance as to 11-27-2000 order transmitted
					 to OAL 3-21-2001 and filed 4-25-2001 (Register 2001, No.
					 17).
Note: Authority cited: Sections
						25213
						and
						25218(e),
						Public Resources Code. Reference: Sections
						25216.5(a),
						25521
						and
						25550,
						Public Resources Code.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 2 - State Energy Resources Conservation and Development Commission › Chapter 5 - Power Plant Site Certification › Article 7 - Additional Provisions for Considering Expedited Applications Under Public Resources Code Section 25550 › Section 2030 - Presiding Member's Proposed Decision; Commission Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within 20 days
				  after the end of the hearings held under section
				  2029, the presiding member of the
				  committee shall, in consultation with the other committee member, file a
				  proposed decision in accordance with sections
				  1212 and
				  1745.5.
(b) Within 15 days after filing and service
				  of the presiding member's proposed decision, any person may file and serve
				  written comments.
(c) At least 30
				  days after filing and service of the presiding member's proposed decision, the
				  commission shall hold a hearing and do one of the following:
(1) grant a certificate to the
				  project,
(2) deny the application
				  for certification, or
(3)
				  determine, using the criteria in Section
				  2028(c), that a
				  final decision on the application shall be made within twelve months of its
				  acceptance.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 2 - State Energy Resources Conservation and Development Commission › Chapter 5 - Power Plant Site Certification › Article 7 - Additional Provisions for Considering Expedited Applications Under Public Resources Code Section 25550 › Section 2031 - Construction Deadline

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  deadline for the commencement of substantial construction of the project shall
				  be 12 months after the effective date of the decision on an application
				  accepted and processed pursuant to this Article.
(b) Substantial construction shall be defined
				  as the following:
(1) completion of at least
				  thirty percent of the engineering design of the entire project and
(2) completion of at least five percent of
				  the physical construction of the entire project, absent circumstances beyond
				  the control of the applicant.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 2 - State Energy Resources Conservation and Development Commission › Chapter 5.5 - Public Interest Energy Research (PIER) Program › Article 1 - Sole and Single Source Contracts › Section 2100 - Award of Sole Source Contracts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following subdivisions apply to contracts in the Public
					 Interest Energy Research (PIER) Program awarded on a sole source basis, as
					 defined by Public Resources Code section
					 25620.5(f),
					 without competitive bidding or competitive negotiations. Sole source contracts
					 are awarded at the sole discretion of the California Energy Commission
					 (Commission).
(a) The cost of the
				  proposed contract shall be reasonable; and
(b) The Commission shall make a
				  determination, in consultation with the Department of General Services, that at
				  least one of the following requirements is met:
(1) The proposed contract is unsolicited and
				  meets the evaluation criteria of Public Resources Code Section
				  25620
				  et. seq.; or
(2) The expertise,
				  service or product is unique; or
(3) The urgency of the need for the
				  information or deliverable is such that a competitive solicitation would
				  frustrate timely performance; or
(4) The proposed contract funds the next
				  phase of a multiphased project and the existing agreement is being
				  satisfactorily performed; or
(5)
				  The proposed contract is in the best interests of the
				  state.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 2 - State Energy Resources Conservation and Development Commission › Chapter 5.5 - Public Interest Energy Research (PIER) Program › Article 1 - Sole and Single Source Contracts › Section 2101 - Award of Single Source Contracts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following subdivisions apply to contracts in the PIER
					 Program awarded on a single source basis, as defined by Public Resources Code
					 section
					 25620.5(e),
					 without competitive bidding or competitive negotiations. Single source
					 contracts are awarded at the sole discretion of the Commission.
(a) The Commission shall make a determination
				  that all of the following requirements are met:
(1) Two or more business entities are capable
				  of supplying or providing the goods or services that meet a specified need of
				  the Commission; and
(2) The
				  Commission has thoroughly evaluated at least two possible contractors for the
				  work described in the proposed contract; and
(3) The cost of the proposed contract is
				  reasonable; and
(4) The proposed
				  contract is in the best interests of the state.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 2 - State Energy Resources Conservation and Development Commission › Chapter 5.5 - Public Interest Energy Research (PIER) Program › Article 1 - Sole and Single Source Contracts › Section 2102 - Factors for Consideration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In determining whether to award a contract on a sole or
					 single source basis, the Commission shall consider evaluation factors that
					 include but are not limited to:
(a)
				  Does the proposal advance energy science or technology and provide benefits to
				  California citizens?
(b) Is the
				  proposal technology not adequately addressed by competitive and regulated
				  markets?
(c) Does the proposed
				  contract address at least one issue or goal specified in the most recent PIER
				  Program area plan, appropriate subject area plan or Strategic Plan?
(d) Is the technological approach, analysis
				  or process used substantially the same as another contract already funded under
				  the PIER Program?
(e) Is the
				  proposed contract substantially the same as a proposal previously submitted to
				  the Commission and rejected on the basis of technical issues or administrative
				  requirements?
(f) Was the proposed
				  contract received within the timeframe directly before the anticipated
				  publication date for a future PIER solicitation for which the proposed contract
				  is eligible?
(g) Was the proposed
				  contract received within the timeframe directly after the release date of a
				  past PIER solicitation for which the proposed contract was eligible?
(h) What is the cost of the proposed
				  project?
(i) What is the level of
				  public and private benefits compared to proposal costs to be funded by the PIER
				  program and by match funds?
(j)
				  What is the overall technical quality and merit of the proposal?
(k) What are the qualification of the project
				  team?
(l) What is the likelihood of
				  and timeframe for success of the proposal?
(m) What are the technical, market and
				  financial risks of the proposal?
(n) Is the proposal consistent with the
				  energy policies of the State of California?
1. New
					 section filed 1-7-2000; operative 11-3-99 pursuant to Public Resources Code
					 section
					 25620.2(c)(8).
					 Submitted to OAL for printing only pursuant to Public Resources Code section
					 25620.2(c)(9)
					 (Register 2000, No. 1).
Note: Authority cited: Sections
						25218(e)
						and
						25620.2(c),
						Public Resources Code. Reference: Section
						25620.5,
						Public Resources Code.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 2 - State Energy Resources Conservation and Development Commission › Chapter 5.5 - Public Interest Energy Research (PIER) Program › Article 1 - Sole and Single Source Contracts › Section 2103 - Procedures and Format

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Commission shall adopt procedures that will set forth
					 the specific process that the Commission shall follow in awarding contracts on
					 a sole or single source basis. The procedures shall also set forth format
					 requirements for proposals that request contract award on a sole or single
					 source basis. The Commission may reject proposals that do not follow these
					 format requirements.
1. New
					 section filed 1-7-2000; operative 11-3-99 pursuant to Public Resources Code
					 section
					 25620.2(c)(8).
					 Submitted to OAL for printing only pursuant to Public Resources Code section
					 25620.2(c)(9)
					 (Register 2000, No. 1).
Note: Authority cited: Sections
						25218(e)
						and
						25620.2(c),
						Public Resources Code. Reference: Section
						25620.5,
						Public Resources Code.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 2 - State Energy Resources Conservation and Development Commission › Chapter 5.5 - Public Interest Energy Research (PIER) Program › Article 1 - Sole and Single Source Contracts › Section 2104 - Public Agency Exemption

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The requirements in this article do not apply to the
					 following:
(a) The Regents of the
				  University of California;
(b)
				  Trustees of the California State University;
(c) Any public entity as defined by Public
				  Contract Code section
				  1100;
(d) Any unit of the federal
				  government.
1. New
					 section filed 1-7-2000; operative 11-3-99 pursuant to Public Resources Code
					 section
					 25620.2(c)(8).
					 Submitted to OAL for printing only pursuant to Public Resources Code section
					 25620.2(c)(9)
					 (Register 2000, No. 1).
Note: Authority cited: Sections
						25218(e)
						and
						25620.2(c),
						Public Resources Code. Reference: Section
						25620.5,
						Public Resources Code.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 2 - State Energy Resources Conservation and Development Commission › Chapter 5.5 - Public Interest Energy Research (PIER) Program › Article 2 - Competitive Negotiations › Section 2110 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For purposes of this article, the following definitions
					 shall apply:
(a) "Bidder" shall mean
				  any person or entity attending a Pre-Bid Conference or participating in any
				  part of the Competitive Negotiations Solicitation (CNS) process;
(b) "Commission" shall mean the California
				  Energy Commission and/or its staff;
(c) "Competitive Negotiations Solicitations"
				  or "CNS" shall mean the competitive negotiations bid process described in this
				  article;
(d) "Confidential Meeting"
				  shall mean the private meeting between Bidder and the Commission regarding a
				  Discussion Proposal;
(e)
				  "Discussion Memorandum" shall mean the written document prepared by the
				  Commission memorializing the discussion during a Confidential
				  Meeting;
(f) "Discussion Proposal"
				  shall mean a proposal submitted according to the requirements set forth in
				  section 2116;
(g) "Final Proposal" shall mean a proposal
				  submitted according to the requirements set forth in section
				  2117;
(h) "PIER" shall mean the Public Interest
				  Energy Research, Development and Demonstration Program, established pursuant to
				  AB 1890 (chap. 854, stats. 1996) and SB 90 (chap. 905. stats. 1997);
(i) "Pre-Bid Conference" shall mean the
				  question/answer forum conducted by the Commission after release of the CNS open
				  to all potential Bidders for the purpose of asking questions about the
				  CNS;
(j) "Proposal" includes a
				  Discussion Proposal or Final Proposal.
1. New
					 article 2 (sections
					 2110-2134) and section filed
					 1-7-2000; operative 11-3-99 pursuant to Public Resources Code section
					 25620.2(c)(8).
					 Submitted to OAL for printing only pursuant to Public Resources Code section
					 25620.2(c)(9)
					 (Register 2000, No. 1).
Note: Authority cited: Sections
						25218(e)
						and
						25620.2(c),
						Public Resources Code. Reference: Section
						25620.5,
						Public Resources Code.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 2 - State Energy Resources Conservation and Development Commission › Chapter 5.5 - Public Interest Energy Research (PIER) Program › Article 2 - Competitive Negotiations › Section 2111 - Intent and Overview of Competitive Negotiations Solicitation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Commission
				  may use the CNS process in any of the situations described in Public Resources
				  Code section
				  25620.5(c);
(b) The intent of the CNS process is to
				  provide an alternative competitive bidding process for research and development
				  solicitations for PIER projects. The CNS differs from a traditional Request for
				  Proposal in that the CNS provides a mechanism for the Commission to have
				  discussions with Bidders on the content of each Discussion Proposal in an
				  effort to create a fully responsive Final Proposal. The Commission has the
				  discretion to decide the appropriate screening, evaluation and selection
				  criteria for each CNS;
(c) In the
				  CNS process, the Commission may include in the CNS an option or requirement for
				  Bidders to submit one or more Discussion Proposals before the Final Proposal,
				  as needed for the specific technical requirements of the solicitation. For each
				  Discussion Proposal the following process will be employed:
(1) The Commission evaluates the Discussion
				  Proposal, without assigning a numerical score;
(2) The Commission prepares a discussion
				  agenda, which details the areas in the Discussion Proposal that are not
				  responsive to the requirements in the CNS and where it can be
				  improved;
(3) The Bidder and
				  Commission have a Confidential Meeting, giving the parties an opportunity to
				  negotiate the Discussion Proposal(s);
(4) The Commission prepares and sends to
				  Bidder a Discussion Memorandum memorializing the discussion during the
				  Confidential Meeting;
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 2 - State Energy Resources Conservation and Development Commission › Chapter 5.5 - Public Interest Energy Research (PIER) Program › Article 2 - Competitive Negotiations › Section 2112 - Pre-Bid Conference

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Commission may hold a Pre-Bid Conference. If the Commission holds a Pre-Bid
				  Conference, the Commission shall specify in the CNS whether attendance at the
				  Pre-Bid Conference is optional or mandatory for potential Bidders. If
				  attendance at the Pre-Bid Conference is mandatory, potential Bidders must
				  attend in order to be able to participate in the CNS process.
(b) The Commission shall accept questions
				  submitted before and during the Pre-Bid Conference. The Commission may
				  disseminate answers to recipients of the CNS and any party who attended the
				  Pre-Bid Conference.
(c) Any oral
				  communication from the Commission concerning the CNS is not binding on the
				  Commission.
1. New
					 section filed 1-7-2000; operative 11-3-99 pursuant to Public Resources Code
					 section
					 25620.2(c)(8).
					 Submitted to OAL for printing only pursuant to Public Resources Code section
					 25620.2(c)(9)
					 (Register 2000, No. 1).
Note: Authority cited: Sections
						25218(e)
						and
						25620.2(c),
						Public Resources Code. Reference: Section
						25620.5,
						Public Resources Code.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 2 - State Energy Resources Conservation and Development Commission › Chapter 5.5 - Public Interest Energy Research (PIER) Program › Article 2 - Competitive Negotiations › Section 2113 - Possible Modification/Addenda to CNS

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Commission has the right to modify
				  the CNS at any time before Final Proposals are due, by issuing an addendum to
				  the CNS;
(b) If changes are
				  necessary to the CNS the Commission shall modify the CNS by issuing an addendum
				  to the CNS.
1. New
					 section filed 1-7-2000; operative 11-3-99 pursuant to Public Resources Code
					 section
					 25620.2(c)(8).
					 Submitted to OAL for printing only pursuant to Public Resources Code section
					 25620.2(c)(9)
					 (Register 2000, No. 1).
Note: Authority cited: Sections
						25218(e)
						and
						25620.2(c),
						Public Resources Code. Reference: Section
						25620.5,
						Public Resources Code.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 2 - State Energy Resources Conservation and Development Commission › Chapter 5.5 - Public Interest Energy Research (PIER) Program › Article 2 - Competitive Negotiations › Section 2114 - Notice of Intention to Bid

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  In order to screen Bidders for eligibility, the Commission may include in the
				  CNS a requirement to submit a Notice of Intention to Bid. If the Notice of
				  Intention to Bid is used, Bidders shall submit the Notice of Intention to Bid
				  in order to be able to submit any Proposal responsive to the CNS. Future
				  written communication from the Commission shall be delivered only to those
				  Bidders who submit a Notice of Intention to Bid.
(b) Bidders may withdraw or modify a Notice
				  of Intention to Bid at any time before the due date for the Notice of Intention
				  to Bid.
(c) The Notice of Intention
				  to Bid shall include, at a minimum, the following:
(1) Identify how the project will meet the
				  requirements of the CNS;
(2)
				  Identify Bidder team that will participate in Confidential Meetings;
(3) Confidentiality statement, the form of
				  which shall be provided in the CNS, regarding use of confidential information
				  during the CNS process.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 2 - State Energy Resources Conservation and Development Commission › Chapter 5.5 - Public Interest Energy Research (PIER) Program › Article 2 - Competitive Negotiations › Section 2115 - Discussion Proposal Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The Commission may include in the CNS an option or a requirement to submit one
				  or more Discussion Proposals.
(b)
				  Each Discussion Proposal shall employ an identical process outlined in this
				  section.
(c) If a Notice of
				  Intention to Bid is used, only those Bidders who are not disqualified after the
				  Notice of Intention to Bid are eligible to submit a Discussion
				  Proposal.
(d) Upon receipt of a
				  Discussion Proposal, the Commission shall evaluate the Discussion Proposal for
				  responsiveness to the CNS and the specific criteria detailed in the CNS.
				  Discussion Proposals shall not be given a numerical score.
(e) The Commission shall schedule a
				  Confidential Meeting with each Bidder.
(f) The Commission shall prepare a discussion
				  agenda for each Discussion Proposal and shall send it to Bidder before the
				  Confidential Meeting. The discussion agenda shall correspond to the criteria in
				  the CNS, and note where the Discussion Proposal is not responsive to the
				  requirements in the CNS and where the Discussion Proposal can be
				  improved.
(g) The purposes of the
				  Confidential Meeting are to ensure that the Bidder's Final Proposal will be
				  responsive to the CNS and to give the parties an opportunity to negotiate the
				  content of the Discussion Proposal.
(h) Oral statements by either party during
				  any portion of the Discussion Proposal process shall not obligate either
				  party.
(i) After the Confidential
				  Meeting, the Commission shall send a response to each Bidder who participated
				  in the Confidential Meeting:
(1) The response
				  may take the form of a Discussion Memorandum, which memorializes agreements
				  negotiated by the parties. The content of the Discussion Memorandum is binding
				  on the Bidder. If the Bidder believes there is a discrepancy between the
				  Discussion Memorandum and the content of the Confidential Meeting, the Bidder
				  may request the Commission to change the Discussion Memorandum, which may be
				  changed in the Commission's sole discretion.
(2) If it appears that the Discussion
				  Proposal cannot be restructured or changed in a reasonable time in order to
				  become responsive to the CNS or fulfill the CNS criteria, and that further
				  discussion would not likely result in an acceptable Final Proposal, the
				  response shall detail why the Commission believes that Bidder is non-responsive
				  to the CNS and is unlikely to receive an award. In such case, the Commission
				  shall not accept any further Discussion Proposals or
				  negotiations.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 2 - State Energy Resources Conservation and Development Commission › Chapter 5.5 - Public Interest Energy Research (PIER) Program › Article 2 - Competitive Negotiations › Section 2116 - Discussion Proposals: Content

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The purposes of a Discussion Proposal are to provide Bidder an opportunity for
				  the Commission to identify any faulty or nonresponsive aspect of the Discussion
				  Proposal and an opportunity for the parties to negotiate the contents of the
				  Discussion Proposal.
(b) Each
				  Discussion Proposal shall include, at a minimum, the following:
(1) If a Notice of Intention to Bid was not
				  used, the Discussion Proposal shall identify how the Discussion Proposal will
				  meet the requirements of the CNS;
(2) If a Notice of Intention to Bid was not
				  used, the Discussion Proposal shall identify Bidder team that will participate
				  in Confidential Meetings;
(3) If a
				  Notice of Intention to Bid was not used, the Discussion Proposal shall include
				  a confidentiality statement, the form of which shall be provided in the CNS,
				  regarding use of confidential information during the CNS process;
(4) List of confidential documents, the form
				  of which shall be provided in the CNS, with existing confidential documents,
				  data or intellectual property, and anticipated confidential deliverables or
				  work product;
(5) Costs and
				  complete budget.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 2 - State Energy Resources Conservation and Development Commission › Chapter 5.5 - Public Interest Energy Research (PIER) Program › Article 2 - Competitive Negotiations › Section 2117 - Final Proposal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All
				  Bidders are required to submit a Final Proposal to be eligilbe to receive a
				  contract award;
(b) The CNS shall
				  list the date and time deadline for the Final Proposal. The Commission may
				  change this deadline by notification to Bidders;
(c) The Final Proposal shall include, at a
				  minimum, the following:
(1) All agreements and
				  information noted in the Discussion Memorandum;
(2) Negotiated changes from any and all
				  Discussion Proposals;
(3)
				  Additional information as specified in the CNS;
(4) Evidence of compliance with state
				  contract requirements, such as Disabled Veterans Business Enterprise (DVBE),
				  unless the requirements for DVBE participation have been changed or exempted
				  pursuant to Title 2, California Code of Regulations, section
				  1896.62(b).
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 2 - State Energy Resources Conservation and Development Commission › Chapter 5.5 - Public Interest Energy Research (PIER) Program › Article 2 - Competitive Negotiations › Section 2118 - Evaluation and Selection Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  During the evaluations of Discussion Proposals and during the scoring and
				  selection of Final Proposals, the Commission may:
(1) Require Bidders to answer specific
				  questions orally or in writing;
(2)
				  Require a demonstration of the Bidder's response to specific requirements in
				  order to verify the claims made in the Proposal;
(3) Visit a Bidder's business or plant site
				  in order to fully evaluate the Proposal.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 2 - State Energy Resources Conservation and Development Commission › Chapter 5.5 - Public Interest Energy Research (PIER) Program › Article 2 - Competitive Negotiations › Section 2119 - Proposed Awards of Contracts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
After scoring final Proposals, a rank order for each Final
					 Proposal will be assigned and recommendations made to the Research, Development
					 & Demonstration (RD&D) Committee for proposed contract awards based on
					 the highest scored Final Proposals. The RD&D Committee will make its
					 proposed recommendation and post a notice of proposed awards. There is no
					 guarantee that any of the Bidders will receive contract awards. After the
					 proposed contracts have been signed by the Bidders, the Commission will
					 consider final approval of each contract at a publicly noticed Commission
					 business meeting. More than one contract may be awarded by the Commission at
					 that time.
1. New
					 section filed 1-7-2000; operative 11-3-99 pursuant to Public Resources Code
					 section
					 25620.2(c)(8).
					 Submitted to OAL for printing only pursuant to Public Resources Code section
					 25620.2(c)(9)
					 (Register 2000, No. 1).
Note: Authority cited: Sections
						25218(e)
						and
						25620.2(c),
						Public Resources Code. Reference: Section
						25620.5,
						Public Resources Code.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 2 - State Energy Resources Conservation and Development Commission › Chapter 5.5 - Public Interest Energy Research (PIER) Program › Article 2 - Competitive Negotiations › Section 2120 - Debriefing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Commission
				  may provide debriefing information and/or hold a debriefing conference after
				  contract award at the request of any unsuccessful Bidder for the purpose of
				  receiving specific information concerning the selection of Bidders.
(b) Debriefing is not the forum to challenge
				  the CNS specifications or requirements, or challenge a contract award. See
				  section 2121 for contract award protest
				  procedures.
1. New
					 section filed 1-7-2000; operative 11-3-99 pursuant to Public Resources Code
					 section
					 25620.2(c)(8).
					 Submitted to OAL for printing only pursuant to Public Resources Code section
					 25620.2(c)(9)
					 (Register 2000, No. 1).
Note: Authority cited: Sections
						25218(e)
						and
						25620.2(c),
						Public Resources Code. Reference: Section
						25620.5,
						Public Resources Code.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 2 - State Energy Resources Conservation and Development Commission › Chapter 5.5 - Public Interest Energy Research (PIER) Program › Article 2 - Competitive Negotiations › Section 2121 - Award Protest

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Contracts
				  shall be awarded only after a notice of proposed awards has been posted at the
				  Commission for five working days;
(b) If, during the five working days after
				  the notice of proposed awards, any Bidder who submitted a Final Proposal files
				  a protest with the Commission and with the Department of General Services,
				  Office of Legal Services (DGS-OLS), the contract(s) shall not be awarded until
				  either the protest has been withdrawn or the protest has been resolved as
				  described in this section. Protests shall be submitted to the following:
(1) CHIEF COUNSEL
DEPARTMENT OF GENERAL SERVICES, OFFICE OF LEGAL
					 SERVICES
1325 J STREET, SUITE 1911
SACRAMENTO, CA 95814; AND
(2) CONTRACTS OFFICE, MS-18
CALIFORNIA ENERGY COMMISSION
1516 9TH STREET
SACRAMENTO, CA 95814
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 2 - State Energy Resources Conservation and Development Commission › Chapter 5.5 - Public Interest Energy Research (PIER) Program › Article 2 - Competitive Negotiations › Section 2122 - Modification or Withdrawal of Submittals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Bidders may withdraw or modify a Notice of Intention to Bid
					 or Proposal at any time before the date and time deadline specified in the CNS,
					 by submitting a written request to withdraw or modify to the
					 Commission.
1. New
					 section filed 1-7-2000; operative 11-3-99 pursuant to Public Resources Code
					 section
					 25620.2(c)(8).
					 Submitted to OAL for printing only pursuant to Public Resources Code section
					 25620.2(c)(9)
					 (Register 2000, No. 1).
Note: Authority cited: Sections
						25218(e)
						and
						25620.2(c),
						Public Resources Code. Reference: Section
						25620.5,
						Public Resources Code.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 2 - State Energy Resources Conservation and Development Commission › Chapter 5.5 - Public Interest Energy Research (PIER) Program › Article 2 - Competitive Negotiations › Section 2123 - Right to Modify CNS, Cancel CNS or Reject Proposals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Commission reserves the right to modify any CNS as
					 needed or to cancel any CNS. The Commission also reserves the right to reject
					 any or all Proposals.
1. New
					 section filed 1-7-2000; operative 11-3-99 pursuant to Public Resources Code
					 section
					 25620.2(c)(8).
					 Submitted to OAL for printing only pursuant to Public Resources Code section
					 25620.2(c)(9)
					 (Register 2000, No. 1).
Note: Authority cited: Sections
						25218(e)
						and
						25620.2(c),
						Public Resources Code. Reference: Section
						25620.5,
						Public Resources Code.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 2 - State Energy Resources Conservation and Development Commission › Chapter 5.5 - Public Interest Energy Research (PIER) Program › Article 2 - Competitive Negotiations › Section 2124 - Grounds to Reject Proposals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Commission shall reject any Proposal (Discussion Proposal or Final Proposal)
				  upon the occurrence of any of the following, without limitation.
(1) Any Proposal is received past the
				  scheduled date and time deadline; or
(2) Any Proposal is labeled as confidential
				  in its entirety; or
(3) Any
				  Proposal contains false or misleading information, if in the opinion of the
				  Commission, such information was submitted intentionally to mislead the
				  Commission in its evaluation of the Proposal.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 2 - State Energy Resources Conservation and Development Commission › Chapter 5.5 - Public Interest Energy Research (PIER) Program › Article 2 - Competitive Negotiations › Section 2125 - Confidential Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Commission shall not accept or retain any Proposal labeled as confidential in
				  its entirety;
(b) All Proposals and
				  materials submitted with Proposals shall be kept confidential until the notice
				  of proposed contract awards is posted;
(c) All Proposals and materials submitted
				  with Proposals become a public record after the notice of proposed contract
				  awards is posted;
(d) If a Bidder
				  believes certain confidential or proprietary information is necessary for the
				  evaluation of a Proposal, the Bidder may submit the information in a separate
				  volume marked confidential with a request to keep such information confidential
				  pursuant to Title 20, California Code of Regulations, section
				  2501-2505.
1. New
					 section filed 1-7-2000; operative 11-3-99 pursuant to Public Resources Code
					 section
					 25620.2(c)(8).
					 Submitted to OAL for printing only pursuant to Public Resources Code section
					 25620.2(c)(9)
					 (Register 2000, No. 1).
Note: Authority cited: Sections
						25218(e)
						and
						25620.2(c),
						Public Resources Code. Reference: Section
						25620.5,
						Public Resources Code.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 2 - State Energy Resources Conservation and Development Commission › Chapter 5.5 - Public Interest Energy Research (PIER) Program › Article 2 - Competitive Negotiations › Section 2126 - Correction of Errors in CNS

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If any CNS contains an error known to a Bidder, or an error
					 that reasonably should have been known, the Bidder submits Proposals at its own
					 risk. If a Bidder discovers any errors, conflicts or omissions in any CNS, the
					 Bidder shall immediately notify the Commission in writing and request
					 modification or clarification of the CNS.
1. New
					 section filed 1-7-2000; operative 11-3-99 pursuant to Public Resources Code
					 section
					 25620.2(c)(8).
					 Submitted to OAL for printing only pursuant to Public Resources Code section
					 25620.2(c)(9)
					 (Register 2000, No. 1).
Note: Authority cited: Sections
						25218(e)
						and
						25620.2(c),
						Public Resources Code. Reference: Section
						25620.5,
						Public Resources Code.