Energy Code Ace - (b) Application.

10-109 – COMPLIANCE SOFTWARE, ALTERNATIVE COMPONENT PACKAGES, EXCEPTIONAL METHODS, DATA REGISTRIES AND RELATED EXTERNAL DIGITAL DATA SOURCES, ALTERNATIVE RESIDENTIAL FIELD VERIFICATION PROTOCOLS, ELECTRONIC DOCUMENT REPOSITORIES, PHOTOVOLTAIC, AND BATTERY ENERGY STORAGE SYSTEM REQUIREMENT DETERMINATIONS

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(a) Compliance software, alternative component packages, exceptional methods, data registries and related data input software, alternative residential field verification protocols or electronic document repositories must be approved by the Commission in order to be used to demonstrate compliance with Part 6.

(b) Application. Applications for approval of compliance software, alternative component packages, exceptional methods, data registries and related data input software, and alternative field verification protocols must be made as follows:

1. An applicant shall submit four copies of a signed application form specified by the Executive Director.

2. The application shall include the following materials:

A. A description of the functional or analytical capabilities of the compliance software, alternative component package, calculation method, exceptional method, data registry or related data input software, and alternative field verification protocol; and

B. A demonstration that the criteria in Section 10-109 are met; and

C. An initial fee of one thousand dollars ($1,000). The total fee shall cover the Commission's cost of reviewing and analyzing the application. Within 75 days of receipt of an application, the Commission will provide an estimate of the total maximum cost to review and analyze the application and make a determination as to the completeness of the application. Consideration of the application will be delayed until the applicant submits requested additional information. After the Commission determines the total cost, if the cost exceeds the initial fee, the Commission shall assess an additional fee to cover the total cost. If the actual cost is less than the initial, or any estimated maximum, fee the Commission shall refund the difference to the applicant.

(c) Compliance Software.

1. Compliance Manager.

The compliance manager is the public domain computer program, including simulation and compliance rule implementation software, developed by the Energy Commission pursuant to Public Resources Code Section 25402.1. The compliance manager software simulates the energy use of a proposed residential or nonresidential building and compares it to a standard design energy budget to determine if the building complies with the Building Energy Efficiency Standards. The compliance manager shall be able to do the following:

A. Standard design

The standard design building is a building simulated to establish the baseline energy budget for space heating, space cooling, indoor air quality ventilation, and water heating for a proposed building.

For newly constructed buildings, the standard design building shall be modeled as in the same location and having the same characteristics, including but not limited to floor area, volume, and configuration, as the proposed building, except that wall and fenestration areas shall be distributed equally between the four main compass points. For additions and alterations, the standard design shall be modeled as in the same location and having the same characteristics and shall have the same wall and fenestration areas and orientations as existing building.

Where the Energy Commission specifies that the standard design building includes a covered product subject to 42 USC 6295, or an appliance regulated by the Appliance Efficiency Regulations, the standard design building shall be modeled to meet but not exceed the efficiency level required by 42 USC 6295 for that covered product or applicable standards required by the Appliance Efficiency Regulations for that regulated appliance, respectively.

The standard design building shall be modeled to include the mandatory requirements of the Building Energy Efficiency Standards, and to meet but not exceed the prescriptive requirements that would apply to the proposed building.

The process of generating the standard design shall be performed automatically. This modeling shall be based on the inputs that describe the proposed building, substituting the assumptions for wall and fenestration area distribution, required efficiency for the covered product subject to 42 USC 6295 that the Energy Commission specifies in the standard design, and the applicable standards for the appliance regulated by the Appliance Efficiency Regulation that the Energy Commission specifies in the standard design, and mandatory and prescriptive options applicable to the proposed building, thereby creating a standard design building against which the energy use of the proposed building can be evaluated.

B. The modeled energy budgets

of the standard design building and the energy consumption of the proposed building are described in Title 24 Part 6, Sections 140.1(a), 150.1(b)1, and 170.1(a). These requirements ensure that all modeled building features are specified on a one-for-one equivalent energy use or equivalent energy cost basis. Compliance credit for covered products subject to 42 USC 6295 having efficiencies exceeding the efficiency levels required by 42 USC 6295 shall be calculated in terms of long-term system cost, and source energy thereby ensuring that the compliance credit is on a one-for-one equivalent energy or equivalent cost basis.

Long-term system cost (LSC) -– All electricity, gas or propane used within the modeled buildings shall be converted to LSC.

Source energy – The energy used within the modeled buildings shall be represented as long-run marginal, hourly source energy.

C. Climate zone

The Energy Commission has established typical weather data, prescriptive packages, and energy budgets for 16 geographic areas of California, called climate zones, as specified in the Energy Efficiency Standards and Joint Appendix 2.

Climate zone dependent information based on the climate zone or zip code specified for the proposed building shall be used.

Where climate elements are incorporated into modeling calculations for the standard and proposed buildings, the effects of weather, temperature, and other climate elements shall be calculated based on the climate zone specified for the proposed buildings. The same adjustment shall be applied to both buildings.

The standard design shall be modeled as incorporating prescriptive options appropriate to climate zone specified for the proposed building.

For covered products subject to 42 USC 6295, and for appliances regulated by the Appliance Efficiency Regulations, the estimated energy use of those covered products or appliances used to calculate the total energy use of the standard design and proposed buildings shall be determined using the test procedures prescribed by 42 USC 6293, or the Appliance Efficiency Regulations, respectively. This estimated energy use shall be adjusted to reflect the conditions where Part 6 is being applied, as a part of calculating the total long-term system cost, and source energy of each building consistent with this section and document in the Alternative Calculation Method Reference Manual.

D. Alternative Calculation Method Reference Manual

The Energy Commission shall publish a reference manual, Alternative Calculation Method Reference Manual, that specifies the standard design, documents the calculations and methods used by the compliance software to model building performance, calculates LSC and Source Energy, and determines building compliance with the Building Energy Efficiency Standards.

E. Compliance Documentation

If required, the necessary files needed to register the compliance documentation with an ECC provider shall be generated.

2. Public Domain Computer Programs. In addition to the compliance manager, public domain computer programs that are approved pursuant to Public Resources Code Section 25402.1, the Commission may, upon written application or its own motion, approve additional public domain computer programs that may be used to demonstrate that proposed building designs meet energy budgets.

A. The Commission shall ensure that users' manuals or guides for each approved program are available.

B. The Commission shall approve a program only if it predicts energy consumption substantially equivalent to that predicted by the above-referenced public domain computer program, when it models building designs or features.

3. Alternative Calculation Methods (All Occupancies). The Commission may approve non-public domain computer programs as an alternative calculation method that building permit applicants may then use to demonstrate compliance with the performance standards (energy budgets) in Part 6. In addition to the application requirements Section 10-116, an application for approval of compliance software must include documentation demonstrating that the compliance software meets the requirements, specifications, and criteria specified in 10-109(c)1A, 10-109(c)1B, 10-109(c)1C, 10-109(c)1D and 10-109(c)1E, as appropriate.

(d) Alternative Component Packages.

In addition to the application requirements of subdivision (b) above, an application for approval of an alternative component package must include documentation that demonstrates that the package:

1. Will meet the applicable energy budgets; and

2. Is likely to apply to a significant percentage of newly constructed buildings or to a significant segment of the building construction and design community.

(e) Exceptional Methods.

The Commission may approve an exceptional method that analyzes a design, material, or device that cannot be adequately modeled using the public domain computer programs. Applications for approval of exceptional methods shall include all information needed to verify the method's accuracy.

(f) Commission Action.

The Commission may take the following actions on an application submitted pursuant to this section:

1. Approve the application unconditionally

2. Restrict approval to specified occupancies, designs, materials, or devices; or

3. Reject the application.

(g) Resubmittal.

An applicant may resubmit a rejected application or may request modification of a restricted approval. Such application shall include the information required pursuant to this section, and, if applicable, shall indicate how the proposed compliance software, alternative component package, exceptional method, data registry or related data input software has been changed to enhance its accuracy or capabilities.

1. Modification. Whenever an approved compliance software, alternative component package, exceptional method, data registry or related data input software is changed in any way, it must be resubmitted under this section for approval.

2. The Commission may modify or withdraw approval of compliance software, an alternative component package, an exceptional method, or a data registry or related data input software based on its approval of other programs, methods, registries or data input software that are more suitable.

(h) Alternative Procedures or Protocols.
In addition to the procedures and protocols identified in the Sections 10-109(c), 10-116 and the Reference Appendices, the Commission may authorize alternative procedures or protocols that demonstrate compliance with Part 6.

i) Data Registries and Related External Digital Data Sources, And Electronic Document Repositories.

1. Data Registries and Related External Digital Data Sources.

Data registries and related external digital data sources shall conform to the requirements specified in Reference Joint Appendix JA7.

A. The Commission may approve residential data registries that provide for compliance document and their associated Compliance Registration Packages registration and retention, when required by Part 6 of all residential compliance documentation and the nonresidential Certificates of Verification.

B. Nonresidential Data Registry Approval Thresholds.

i. The Commission may approve nonresidential data registries that provide for compliance document and their associated Compliance Registration Packages registration, when required by Part 6 of all nonresidential compliance documentation, excluding all Certificates of Acceptance recorded by an acceptance test technician certification provider (10-103.1 and 10-103.2). However, nonresidential data registries may not provide for registration of nonresidential Certificates of Verification.

ii. As a prerequisite to reviewing and/or approving nonresidential data registries for use, on or after January 1, 2023, the Commission shall first make all of the following findings:

a. The Commission has approved data schema capable of utilization in the development of any nonresidential data registry.

b. The Commission will not lose access to information necessary to support the enforcement and development of current and future building code cycles.

iii. The procedures for consideration and approval of applications enumerated in 10-110 shall not apply to applications for nonresidential data registries until the Commission makes the findings specified in 10-109(i)1Bii.

iv. Nothing in this or any other section, including 10-110, shall be construed as requiring the Commission to make the findings specified in 10-109(i)1Biia by any set date, regardless of pending applications.

v. The Registration Provider shall only use data schema approved by the Commission in a nonresidential data registry.

C. The Commission may approve external digital data sources used for data input to various data registries for registering, when required by Part 6 residential or nonresidential compliance documentation.

2. Electronic Document Repositories.

A. The Commission may approve electronic document repositories that retain for the Commission electronic compliance documentation and their associated Compliance Registration Packages generated by residential and nonresidential data registries when registration is required by Part 6.

(j) Alternative Residential Field Verification Protocols.

Alternative residential field verification protocols shall comply with the application requirements of Section 10-109(b) and any applicable requirements of Reference Residential Appendices RA1.

(k) Photovoltaic System and Battery Energy Storage System (BESS) Requirement Determinations.

The Commission may, upon written application or its own motion, determine that the photovoltaic or BESS requirements in Section 150.1(a)3, Section 140.0(c), Section 170.0(a)3 shall not apply, if the Commission finds that the implementation of public agency rules regarding utility system costs and revenue requirements, compensation for customer-owned generation, interconnection fees, or other factors, causes the Commission’s cost effectiveness conclusions, made pursuant to Public Resources Code 25402(b)(3), to not hold for particular buildings.

Applications shall include full information regarding the differences between public agency rules and Energy Commission cost effectiveness determinations, including all information requested by the Commission to enable full review of the application. Applications shall also include specific recommended limitations to the scope of the determination that is requested, and specific eligibility criteria to determine what buildings would qualify for the determination. Applications from public agencies shall be submitted to the Energy Commission only after public review within the jurisdiction of the public entity or service area of the utility. In cases where conditions have changed that potentially would alter Energy Commission determinations that previously have been made, the Energy Commission may reconsider those determinations on its own motion. Prior applicants shall assist the Energy Commission in obtaining information regarding current public agency rules upon request.

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