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					                                                  CALIFORNIA
                                                  ENERGY
                                                  COMMISSION




                DRAFT
    PROGRAM OPPORTUNITY NOTICE




                                                       DRAFT APPLICATION PACKAGE
    Alternative and Renewable Fuel
                  and
     Vehicle Technology Program



             PON Number
             PON-XX-XXX



             Subject Area:

Buy-down Incentives for Natural Gas and
          Propane Vehicles

                                                  December X, 2011




                                 Edmund G. Brown Jr., Governor
                                             Table of Contents



 1.    Schedule .............................................................................................................. 3

 2.    Purpose .............. Error! Bookmark not defined.Error! Bookmark not defined.

 3.    Background .......................................................................................................... 3

 4.    Eligible Applicants ................................................................................................ 4

 5.    Eligible Vehicles ................................................................................................... 4

 6.    Funding and Incentive Levels ............................................................................... 5

 7.    Program Requirements ....................................................................................... 6

 8.    Incentive Reservation Process ............................................................................. 6

 9.    Incentive Payment Process .................................................................................. 8

 10. Monthly Report and Invoice ............................................................................... 11

 11. Changes to the PON ......................................................................................... 12

 12. Grounds for Rejection ......................................................................................... 12

 13. Questions and Availability of PON Documents ................................................... 12

 14. Attachments........................................................................................................ 13




PON-XX-XXX                                                Page 2                       Buy-Down Incentives for Natural
                                                                                            Gas and Propane Vehicles
     PROGRAM OPPORTUNITY NOTICE AND APPLICATION PACKAGE

     Alternative and Renewable Fuels and Vehicle Technology Program

Subject Area:         Buy-down Incentives for Natural Gas and Propane
                      Vehicles

1.       Schedule

This Program Opportunity Notice (PON) will be administered under the following
schedule:
                TENTATIVE SCHEDULE ONLY – SUBJECT TO CHANGE
        Release Draft PON for review ………………….….. November 29, 2011
        Conduct PON workshop …………………….……… November 30, 2011
        Post Questions and Answers ………………..…….. December 5, 2011
        Release PON ………………………………………... December 8, 2011
        Begin accepting reservations ……………………… December 12, 2011

2.       Purpose

This PON is to announce that funding is available and reservations will be accepted
according to the schedule above for buy-down incentives to reduce the purchase or
lease price of new on-road natural gas and propane vehicles. The incentives are
available on a first-come, first-served basis and at varying levels depending on the
gross vehicle weight and fuel type.

The purpose of this PON is to provide incentives that will directly benefit California’s
economy and the environment by expanding the use of domestically produced non-
petroleum fuels that are lower-cost alternatives to gasoline and diesel and have lower
carbon and emission characteristics.

3.       Background

Assembly Bill 118 (Nùñez, Chapter 750, Statutes of 2007) established the Alternative
and Renewable Fuels and Vehicle Technology Program at the Energy Commission to
develop and deploy alternative and renewable fuels and advanced transportation
technologies. The statute also requires the Energy Commission to adopt an investment
plan to determine funding priorities and opportunities. A copy of the 2010-2011
Investment Plan for the Alternative and Renewable Fuel and Vehicle Technology
Program can be found at http://www.energy.ca.gov/2010publications/CEC-600-2010-
001/CEC-600-2010-001-CMF.PDF. A copy of the 2011-2012 Investment Plan for the
Alternative and Renewable Fuel and Vehicle Technology Program can be found at
\http://www.energy.ca.gov/2011publications/CEC-600-2011-006/CEC-600-2011-006-
CMF.PDF.

PON-XX-XXX                                Page 3               Buy-Down Incentives for Natural
                                                                    Gas and Propane Vehicles
4.     Eligible Applicants

This PON is open to original equipment manufacturers (OEMs). For purposes of this
PON, an OEM is defined as an entity that manufactures, assembles and sells under its
name or badge complete light-, medium-, or heavy-duty vehicles or school buses. An
OEM may reserve and use incentives directly to sell or lease eligible vehicles or may
reserve incentives for eligible vehicles that are sold or leased through its dealers and
distributors. The Energy Commission strongly encourages that OEMs work through
California dealers and distributors. In either case, the OEM, as the applicant, is
responsible to ensure that incentives are provided at the point of sale or lease, that the
Energy Commission’s incentive amount is clearly shown on the sale or lease
documents, and that all documentation is properly prepared and submitted to the
Energy Commission. Additionally, an OEM may not reserve incentives through this PON
as long as it still has an open reservation approved under PON-10-604.

An OEM also may designate an one or more upfitters to reserve incentives on its behalf.
For purposes of this PON, an upfitter is defined as an entity that manufactures natural
gas and propane fuel systems and upfits these systems to gasoline and diesel light-,
medium-, and heavy-duty vehicles or school buses that are then sold and registered as
new natural gas or propane vehicles. In this case, the upfitter must submit a letter with
the reservation documents (See Section 8 Incentive Reservation Process) signed by the
OEM designating them as their agent (for some or all it incentives) for the purpose of
this PON. The letter must clearly state that the upfitter has been approved by the OEM
to apply for incentive funds, specify the number of vehicle incentives and amount of
funding being designated to the upfitter. If the letter is incomplete, the reservation will be
rejected and the applicant will be required to re-submit the designation letter. If an OEM
designates multiple upfitters as their agents, the OEM is still subject to the maximum
incentive amounts listed in Section 6 of this PON.

If an upfitter is designated by an OEM to reserve incentives, the upfitter is the applicant
and is responsible to ensure that incentives are provided at the point of sale or lease,
that the Energy Commission’s incentive amount is clearly shown on the sale or lease
documents, and that all documentation is properly prepared and submitted to the
Energy Commission.

5.     Eligible Vehicles

Incentives are available through this PON only for new on-road natural gas and
propane light-, medium-, and heavy-duty vehicles and school buses that meet all 2010
or newer emission requirements of the California Air Resources Board (ARB), that
will be registered and operated on the designated fuel (at least 90 percent of the time) in
California, and that are fully warranted. “Fully warranted” means that all vehicle
components, including the natural gas or propane fuel system, are covered exclusively
by the OEM or covered under agreement by the OEM and the fuel system upfitter. For



PON-XX-XXX                                 Page 4                Buy-Down Incentives for Natural
                                                                      Gas and Propane Vehicles
purposes of this PON, a “school bus” means the same as defined in California Vehicle
Code section 545.
Transit buses are not eligible for incentives through this PON.

The ARB maintains a complete list of all vehicles and engines that are certified and
approved for sale in California. This list is located on the ARB website at
http://www.arb.ca.gov/msprog/onroad/cert/cert.php. To be eligible, a vehicle or engine
must be on this list as certified or approved for model year 2010, 2011 or 2012.

For purposes of this PON, a “new” vehicle is one that has never been sold or used, has
been manufactured by an OEM as a natural gas or propane vehicle, and is being
offered for sale directly by an OEM or through a dealer or distributor and that can be
immediately registered and driven as a new natural gas or propane vehicle in California.
Additionally, a vehicle that is upfitted with a natural gas or propane fuel system and sold
as a new vehicle directly by an OEM or through a dealer or distributor is eligible for a
buy-down incentive.

However, a new gasoline or diesel vehicle that is purchased directly from an OEM or a
dealer or distributor and then retrofitted by the owner with an after-market natural gas or
propane conversion kit is not considered a “new” vehicle under this PON and not
eligible for a buy-down incentive.

6.       Funding and Incentive Levels

The maximum funding available for all incentives in this PON is $10.3 million. The
Energy Commission reserves the right to increase funding in this PON up to $30 million.

The maximum funding available by fuel type is:
        $6.3 million for light-, medium- and heavy-duty natural gas vehicles,
        $1.0 million for light-duty propane vehicles, and
        $3.0 million for medium- and heavy-duty propane vehicles.

The individual incentive amounts by fuel type and gross vehicle weight (GVW) are as
follows:

                      Natural Gas and Propane Vehicle Incentives
                                                     Incentive Amounts
                   GVW (lbs)
                                          Natural Gas             Propane
                  Up to 8,500                $3,000                $3,000
                 8,501 – 14,000              $10,000               $6,000
                14,001 – 26,000              $15,000               $10,000
                26,001 & greater        $15,000-$26,000        $10,000-$17,000



PON-XX-XXX                                  Page 5              Buy-Down Incentives for Natural
                                                                     Gas and Propane Vehicles
The maximum incentive amount that an OEM may reserve by fuel type and GVW is:
        Up to $400,000 per reservation for natural gas vehicles up to 26,000 lbs GVW,
        Up to $400,000 per reservation for propane vehicles up to 26,000 lbs GVW, and
        Up to $900,000 per reservation for natural gas vehicles greater than 26,000 lbs
         GVW.
        Up to $1,000,000 per reservation for propane vehicles greater than 26,000 lbs
         GVW.

The Energy Commission reserves the right to redirect funds between fuel categories as
the demand for incentives warrants.

7.       Program Requirements

The incentives available through this PON can only be used to directly buy down or
reduce the purchase or lease price of eligible vehicles.

Purchasers must register the eligible vehicle(s) in California and agree to operate the
eligible vehicle(s) on the designated fuel (at least 90 percent of the time) in California for
a period of 3 years.

The incentives available through this PON may be used in conjunction with natural gas
and propane vehicle purchase incentives available from other entities. In this event, the
combined incentives cannot exceed the differential price of the eligible vehicle
compared to its gasoline or diesel counterpart with similar trim levels, based on
the Manufacturer’s Suggested Retail Price (MSRP).

The incentives available through this PON also may be used in conjunction with
purchase incentives available from other entities for new clean diesel vehicles. In this
event, the purchaser may use a vehicle purchase incentive from another entity to apply
to part or all of the base price of a new clean diesel vehicle and use an incentive
through this PON for the natural gas or propane vehicle differential cost. Purchasers
that combine incentives must demonstrate compliance with any requirements of
incentives available from other entities that are used to purchase an eligible vehicle.

8.       Incentive Reservation Process

The incentives available through this PON will be reserved on a first-come, first-served
basis according to the following steps:

                 Applicant must complete a Buy-Down Incentive Reservation Form
                 (See Attachment A).
     Step 1
                 Use one Buy-Down Incentive Reservation Form to request incentives for
                 both natural gas and propane vehicles, up to the maximum incentive

PON-XX-XXX                                 Page 6                Buy-Down Incentives for Natural
                                                                      Gas and Propane Vehicles
             amounts allowed for each OEM by GVW and fuel type (See section 6).

             Request only the number of incentive reservations for eligible vehicles
             that can be sold or leased within 120 days.
             Identify the Authorized Officer. This individual must approve submittal of
             the reservation request and declare its accuracy, understand and accept
             the Terms and Conditions of the program (See Attachment F), and
             agree to comply with all program requirements.
             Indentify the Contact for Reservations and Payments. This individual is
             the point of contact for the Energy Commission and the individual to
             whom incentive payment checks will be sent. This person must be
             familiar with all program requirements and able to respond to questions
             from the Energy Commission.
             Applicant must complete a Payee Data Record Form (See Attachment
   Step 2
             B). In all cases, the applicant will be the payee of record.
             Applicant must mail or hand-deliver the signed original and one (1) hard
             copy of the Buy-Down Incentive Reservation Form and Payee Data
             Record Form to:
                                            Debbie Jones
   Step 3                          California Energy Commission
                                 Fuels and Transportation Division
                             Attn: Buy-Down Incentives PON-XX-XXX
                                     1516 Ninth Street, MS-44
                                      Sacramento, CA 95814
             Energy Commission staff will review the Buy-Down Incentive
             Reservation Form and Payee Data Record Form. If the forms are
   Step 4
             complete, they will be processed for approval by the Energy
             Commission at a regularly scheduled business meeting.
             Energy Commission staff will send to the applicant a Buy-Down
             Incentive Reservation Confirmation (See Attachment C). This form
             will show the number and value of incentives that will be reserved in the
             applicant’s name, an incentive reservation number, and the reservation
   Step 5
             expiration date. The reservation will expire 120 days from the date of
             approval by the Energy Commission or when all incentives in the
             reservation have been claimed and approved for payment, whichever
             occurs first.
             Applicant shall use incentives only for vehicles sold after approval of the
             Buy-Down Incentive Reservation Form by the Energy Commission and
             before the 120-day reservation period expires.
   Step 6
             Applicant may have only one active reservation of one or more
             incentives for natural gas vehicles up to 26,000 lbs GVW, for propane
             vehicles up to 26,000 lbs GVW, for natural gas vehicles greater than

PON-XX-XXX                             Page 7               Buy-Down Incentives for Natural
                                                                 Gas and Propane Vehicles
                26,000 lbs GVW, or for propane vehicles greater than 26,000 lbs GVW.

                Applicant is precluded from requesting additional reservations in any
                one of these four categories until the Energy Commission has
                authorized payment for all existing incentives in that given category.
                If the Energy Commission does not have sufficient funds to satisfy the
                Applicant’s entire reservation request, the Applicant will be notified in
                writing. If the Applicant agrees to a lesser number of incentives, the
                modified reservation request will be forwarded to the Energy
                Commission for approval.
                The Energy Commission will close this PON on April 1, 2014, or when
                all the available funds have been exhausted, whichever occurs first.
     Step 7
                If a Buy-Down Incentive Reservation Form is received after funds are
                exhausted in a given category, the request will be rejected.
                The Energy Commission will maintain all necessary records and track
     Step 8
                the status of all incentive reservations.


9.     Incentive Payment Process

Payments for incentives are processed in one of two ways, depending on whether the
eligible vehicle is delivered at the point of sale or lease or at a later date. For each
eligible vehicle that is delivered at the point of sale or lease, payments will be processed
according the following steps:

                 Applicant must complete the Buy-Down Incentive Payment Claim
                 Form – Applicant (See Attachment D) including:
                    Applicant name, reservation number, and payment claim number;
                    Model year, make, model, ARB engine family or test group
                       designation, ARB Executive Order number, vehicle identification
                       number, gross vehicle weight, the MSRP, the final negotiated
                       price reflecting all taxes and fees less incentives, all incentives
                       applied to the final price;
     Step 1
                    Applicant declaration and certification of compliance with all
                       program requirements;
                 Attach the following documents to the Buy-Down Incentive Payment
                 Claim Form - Applicant:
                   A copy of the sale or lease document clearly displaying the
                      incentive amount and how it reduces the actual price of the
                      vehicle; the origin and amount of all other incentives; all applicable
                      state and federal taxes; and purchaser and purchase date; and
                 A copy of the completed California Department of Motor Vehicle

PON-XX-XXX                                 Page 8               Buy-Down Incentives for Natural
                                                                     Gas and Propane Vehicles
                 registration form.


                 Purchaser must complete the Buy-Down Incentive Payment Claim
                 Form – Purchaser (See Attachment E) including:
                    Purchaser name, address, and contact information;
                    Purchaser declaration and certification of compliance with all
                      program requirements; and
                    For out-of-state purchasers, an explanation of how the vehicle will
                      be registered and used in California.
                 Applicant must mail or hand-deliver the signed original and one (1) hard
                 copy of the Buy-Down Incentive Payment Claim Form – Applicant, the
                 Buy-Down Incentive Payment Claim Form – Purchaser, and supporting
                 documents to:
    Step 2                                     Debbie Jones
                                      California Energy Commission
                                    Fuels and Transportation Division
                                Attn: Buy-Down Incentives PON-XX-XXX
                                        1516 Ninth Street, MS-44
                                         Sacramento, CA 95814
                 Applicant must submit all Buy-Down Incentive Payment Claim Forms no
                 later than 15 days after the 120-day reservation period.
    Step 3
                 Applicant will carry the cost of the incentive amount at the time of sale
                 or lease until payment is received from the state.
                 Energy Commission staff will review the Buy-Down Incentive Payment
                 Claim Forms and supporting documents. If the package is complete,
    Step 4       the Energy Commission will authorize the State Controller’s Office to
                 issue a check to the Applicant (designated as the “business” or “sole-
                 proprietor” on the Payee Data Record Form).

For each eligible vehicle that is delivered after the point of sale or lease, payments will
be processed according to the following steps:




PON-XX-XXX                                 Page 9               Buy-Down Incentives for Natural
                                                                     Gas and Propane Vehicles
             Applicant must complete the Buy-Down Incentive Payment Claim
             Form – Applicant (See Attachment D) including:
               Applicant name, reservation number, and payment claim number;
               Model year, make, model, ARB engine family or test group
                  designation, ARB Executive Order number, vehicle identification
                  number or other code that uniquely identifies the specific vehicle,
                  gross vehicle weight, the MSRP, the final negotiated price
                  reflecting all taxes and fees less incentives, all incentives applied
                  to the final price; and
   Step 1
               Applicant declaration and certification of compliance with all
                  program requirements.
             Attach the following documents to the Buy-Down Incentive Payment
             Claim Form:
               A copy of the sale, purchase order or lease document clearly
                  displaying the incentive amount and how it reduces the actual
                  price of the vehicle; the origin and amount of all other incentives;
                  all applicable state and federal taxes; and purchaser and purchase
                  date.
             Applicant must mail or hand-deliver the signed original and one (1) hard
             copy of the Buy-Down Incentive Payment Claim Form – Applicant and
             supporting documents to:
                                            Debbie Jones
   Step 2                          California Energy Commission
                                 Fuels and Transportation Division
                             Attn: Buy-Down Incentives PON-XX-XXX
                                     1516 Ninth Street, MS-44
                                      Sacramento, CA 95814
             Applicant must submit all Buy-Down Incentive Payment Claim Forms no
   Step 3
             later than 15 days after the 120-day reservation period.
             Energy Commission staff will review the Buy-Down Incentive Payment
             Claim Form and supporting documents. If the package is complete, the
             Energy Commission will authorize the State Controller’s Office to issue
   Step 4    a check to the Applicant (designated as the “business” or “sole-
             proprietor” on the Payee Data Record Form).
             Applicant will carry the cost of the incentive amount at the time of sale
             or lease until payment is received from the state.
             Purchaser must complete the Buy-Down Incentive Payment Claim
             Form – Purchaser (See Attachment E) upon delivery of the vehicle
   Step 5    including:
                 Purchaser name, address, and contact information;
                 Purchaser declaration and certification of compliance with all


PON-XX-XXX                            Page 10               Buy-Down Incentives for Natural
                                                                 Gas and Propane Vehicles
                         program requirements; and
                        For out-of-state purchasers, an explanation of how the vehicle will
                         be registered and used in California.
                   Applicant must complete California Department of Motor Vehicles
      Step 6       registration form that shows the vehicle identification number and that
                   the vehicle is registered in California.
                   Applicant must mail or hand-deliver the signed original and one (1) hard
                   copy of the Buy-Down Incentive Payment Claim Form – Purchaser and
                   the complete California Department of Motor Vehicles registration form
                   to:


      Step 7                                      Debbie Jones
                                         California Energy Commission
                                       Fuels and Transportation Division
                                   Attn: Buy-Down Incentives PON-XX-XXX
                                           1516 Ninth Street, MS-44
                                            Sacramento, CA 95814
                   Applicants must submit the Buy-Down Incentive Payment Claim Form –
                   Purchaser and supporting documents within 180 days following
                   submission of the Buy-Down Incentive Payment Claim Form –
                   Applicant.
                   Applicant will be responsible to repay the amount of the incentive paid
                   by the state should the purchaser not accept delivery of the vehicle.
                   The Applicant may request approval from the Commission Incentive
      Step 8       Manager to apply the incentive to the sale of that vehicle to a different
                   purchaser, or to the sale of another eligible vehicle in the same
                   reservation category (See Attachment F – Terms and Conditions – for
                   details).
                   Energy Commission may authorize a limited extension of the 180-day
                   period on a showing of good cause. Any request for an extension must
                   be submitted in writing and include the number of vehicles remaining,
                   the amount of additional time needed, and the reason for the requested
                   extension.



10.       Monthly Reporting

Applicants must submit a monthly status report to the Energy Commission documenting
cumulative information on:
         Number of eligible vehicles sold
         Number of eligible vehicles on order


PON-XX-XXX                                  Page 11              Buy-Down Incentives for Natural
                                                                      Gas and Propane Vehicles
           Number of eligible vehicles delivered
           Number of expected sales in the following month
           Survey of vehicles sold (example below)
                       Incremental                                                                     Typical      Fuel use
                        cost of Alt                                     Expected                       Vehicle        that
                       Fuel Vehicle                                      Annual                         Fleet        these
     #       Fuel           to                              Weight        Miles/                     Service Life   Vehicle
                                                                                               1              2
    Sold     Type      Counterpart         Vocation         Class        vehicle       MPG            (miles)       Replace
     12      CNG           $40k          Dump Truck            7          30,000         5.2            500K         Diesel
Applicants must be current on monthly reporting requirements in order to receive
payment on a claim.

Should the expected sales or leases associated with each reservation not materialize
before the 120-day reservation period expires, the applicant may re-apply for new
incentive reservations only if:
           Funds are still available in this PON;
           The applicant has notified the Energy Commission that not all reserved
            incentives will be used; and
           The applicant has submitted payment claims for all existing reservations and the
            payment claims have been submitted to the State Controller’s Office for payment.

11.         Changes to the PON

The Energy Commission reserves the right to:
           Cancel this PON.
           Amend or revise this PON as needed.
           Modify, adjust or eliminate funding in this PON at its sole discretion.
           Reject any or all applications received in response to this PON.

12.         Grounds for Rejection

The Energy Commission may reject a Buy-Down Incentive Reservation Form or Buy-
Down Incentive Payment Claim Form or Buy-Down Incentive Payment Claim Form –
180 if:
           The Buy-Down Incentive Reservation Form is submitted earlier than the due date
            shown in Section 1 of this PON;
           The forms are incomplete or inaccurate in any way;
           The applicant is not eligible;
           The vehicle is not eligible; or

1
    The conventional vehicle’s MPG in this service not the expected AFV vehicles MPG.
2
    First purchasers expected life for this asset, at what mileage is this vehicle typically sold.


PON-XX-XXX                                                 Page 12                      Buy-Down Incentives for Natural
                                                                                             Gas and Propane Vehicles
         The vehicles were sold prior to approval of the Buy-Down Incentive Reservation
          Form by the Energy Commission or after the 120-day reservation period has
          expired.
If rejected, the Energy Commission will notify the applicant in writing and will not reserve
incentive funding or honor an incentive payment claim until correct documentation is
submitted.

13.       Questions and Availability of PON Documents

This PON and all supporting documents and forms can be found at
http://www.energy.ca.gov/contracts/index.html under “Current Solicitations.” Interested
parties may also sign on to the electronic mailing list on this webpage to be notified of
any changes to this PON. For those parties without Internet access, copies of this PON
can be obtained by contacting:

                                         Debbie Jones
                                California Energy Commission
                              Fuels and Transportation Division
                          Attn: Buy-Down Incentives PON-XX-XXX
                                  1516 Ninth Street, MS-44
                                   Sacramento, CA 95814
                                 Telephone: (916) 654-4631

Specific questions regarding this PON may be submitted in writing to
Buydownincentives@energy.state.ca.us, or may be delivered in person or by mail to the
address above. Questions and answers will be posted on the Energy Commission’s
website at http://www.energy.ca.gov/contracts/index.html as part of this PON and will be
periodically updated while this PON is active. The person and organization submitting a
question will not be identified.

14.       Attachments
Attachment A …. Buy-Down Incentive Reservation Form
Attachment B …. Payee Data Record Form (STD. 204)
Attachment C …. Buy-Down Incentive Reservation Confirmation Form
Attachment D …. Buy-Down Incentive Payment Claim Form – Applicant
Attachment E …. Buy-Down Incentive Payment Claim Form – Purchaser
Attachment F …. Terms and Conditions




PON-XX-XXX                                 Page 13             Buy-Down Incentives for Natural
                                                                    Gas and Propane Vehicles
                                ATTACHMENT A

                Buy-Down Incentive Reservation Form
The template for this solicitation is a separate Microsoft Word file. The template can be
accessed at www.energy.ca.gov/contracts/index.html as part of this solicitation
package.




PON-XX-XXX                               Page 14              Buy-Down Incentives for Natural
                                                                   Gas and Propane Vehicles
                                ATTACHMENT B

                          Payee Data Record Form
The template for this solicitation is a separate PDF file. The template can be accessed
at www.energy.ca.gov/contracts/index.html as part of this solicitation package.




PON-XX-XXX                              Page 15              Buy-Down Incentives for Natural
                                                                  Gas and Propane Vehicles
                                ATTACHMENT C

      Buy-Down Incentive Reservation Confirmation Form
The template for this solicitation is a separate Microsoft Word file. The template can be
accessed at www.energy.ca.gov/contracts/index.html as part of this solicitation
package.




PON-XX-XXX                               Page 16              Buy-Down Incentives for Natural
                                                                   Gas and Propane Vehicles
                                ATTACHMENT D

     Buy-Down Incentive Payment Claim Form – Applicant
The template for this solicitation is a separate Microsoft Word file. The template can be
accessed at www.energy.ca.gov/contracts/index.html as part of this solicitation
package.




PON-XX-XXX                               Page 17              Buy-Down Incentives for Natural
                                                                   Gas and Propane Vehicles
                                ATTACHMENT E

     Buy-Down Incentive Payment Claim Form – Purchaser
The template for this solicitation is a separate Microsoft Word file. The template can be
accessed at www.energy.ca.gov/contracts/index.html as part of this solicitation
package.




PON-XX-XXX                               Page 18              Buy-Down Incentives for Natural
                                                                   Gas and Propane Vehicles
                                   ATTACHMENT F

                               Terms and Conditions

1.       Vehicle Buy-Down Incentive Program Agreement

The Vehicle Buy-Down Incentive Program (Program) is being funded by the California
Energy Commission (Energy Commission) through the Alternative and Renewable Fuel
and Vehicle Technology Program.

The vehicle buy-down incentive Agreement (Agreement) is comprised of the incentive
payment, the Applicant’s Buy-Down Incentive Reservation Form, these Terms and
Conditions, all physical attachments, and all documents incorporated expressly by
reference.

2.       Term of the Agreement

The Effective Date of this Agreement is when the Energy Commission approves the
Agreement at an Energy Commission Business Meeting. This Agreement terminates 120
days following the effective date or when all incentive payments are disbursed, whichever
is sooner, unless otherwise indicated in writing by the Commission Incentive Manager.

3.       Attachments and References

The following are attached and hereby expressly incorporated into this Agreement.
        Energy Commission’s solicitation PON-XX-XXX
        Payee Data Record Form (STD. 204)
        Buy-Down Incentive Reservation Confirmation Form
        Buy-Down Incentive Payment Claim Form – Applicant
        Buy-Down Incentive Payment Claim Form – Purchaser
        Resolution of the California Energy Commission (if applicable)

4.       Funding Limitations

Any federal, State, and local laws and regulations applicable to the Program not expressly
listed in this Agreement are incorporated herein as part of this Agreement.

5.       Due Diligence

The Applicant is required to take timely actions which, taken collectively, complete the
reservation and payment process. The Commission Incentive Manager will periodically
evaluate the status of each reservation. If the Commission Incentive Manager determines
the Applicant is not being diligent in (1) selling eligible vehicles within the 120-day period,

PON-XX-XXX                                  Page 19               Buy-Down Incentives for Natural
                                                                       Gas and Propane Vehicles
or (2) completing and submitting the monthly report and Buy-Down Incentive Payment
Claim Forms with appropriate documentation for each vehicle sold, the Commission
Incentive Manager may recommend that the reservation be terminated, and the
Agreement may, without prejudice to any of the Energy Commission’s remedies, be
terminated.

6.    Reports

      a. Progress Reports

         The Applicant shall submit monthly progress reports to the Commission
         Incentive Manager as required in the PON. At a minimum, each monthly
         progress report shall include the following:

         Cumulative information:

                Number of eligible vehicles sold.
                Number of eligible vehicles on order.
                Number of eligible vehicles delivered.
                Number of expected sales in the following month.

         Number of copies: The Applicant shall submit one original and one electronic
         copy of the monthly progress reports.

         Additional Information: Additional information may be required in the progress
         reports as specified in writing in advance by the Commission Incentive
         Manager.

      b. Rights in Reports

         The Energy Commission reserves the right to use and reproduce all reports and
         data produced and delivered pursuant to this Agreement, and reserves the right
         to authorize others to use or reproduce such materials. Each report becomes
         the property of the Energy Commission.

      c. Failure to Comply with Reporting Requirements

         Failure to comply with the monthly reporting requirements will be considered a
         material noncompliance with the terms of this Agreement. Noncompliance may
         result in suspension or termination of the Agreement, and withholding of future
         incentives under this PON. A willful failure to perform, a history of failure to
         perform, or unsatisfactory performance of this Agreement and/or other financial
         assistance awards, may also result in a debarment action to preclude future
         incentives and awards.



PON-XX-XXX                              Page 20               Buy-Down Incentives for Natural
                                                                   Gas and Propane Vehicles
7.    Publications - Legal Statement on Reports and Products

You are encouraged to publish or otherwise make publicly available the results of the work
conducted under the award, with the following statement attached to such publications:


                                     LEGAL NOTICE
              This document was prepared as a result of work sponsored by the
              California Energy Commission. It does not necessarily represent
              the views of the Energy Commission, its employees, or the State of
              California. The Energy Commission, the State of California, its
              employees, contractors, and subcontractors make no warranty,
              express or implied, and assume no legal liability for the information
              in this document; nor does any party represent that the use of this
              information will not infringe upon privately owned rights.

8.    Changes to the Agreement

      a. Significant Changes to the Agreement

          Significant changes to the Agreement must be approved at an Energy
          Commission business meeting through a formal amendment. Significant
          changes include, but are not limited to:

                Change of Applicant’s legal name,
                Change of Applicant,
                Changes to the Reservation amount that increases the amount reserved,
                Changes to extend the term of the Agreement.

          The Applicant shall submit a request in writing to the Commission Incentive
          Manager for any significant change. The Incentive Manager will notify the
          Applicant of the appropriate Energy Commission action within ten (10) working
          days.

      b. Nonsignificant Changes

          Changes that are not significant to the Agreement do not need to be approved
          at an Energy Commission business meeting through a formal amendment.
          These changes shall be documented in a Letter of Agreement, signed by both
          parties.

9.    Termination

This Agreement terminates at the end of the 120-day term of the Agreement or when all
incentive payments have been disbursed, whichever is sooner. This Agreement may
also be terminated for any reason set forth below. In such event, the Applicant agrees to
use all reasonable efforts to mitigate the Applicant’s expenses and obligations hereunder.
PON-XX-XXX                               Page 21              Buy-Down Incentives for Natural
                                                                   Gas and Propane Vehicles
      a. With Cause

          In the event of any breach by the Applicant of the conditions set forth in the
          PON or these Terms and Conditions, the Agreement may be terminated,
          without prejudice to any of the Energy Commission’s legal remedies, upon five
          (5) days written notice to the Applicant.

      b. Without Cause

          The Agreement may, at the Energy Commission’s option, be terminated without
          cause in whole or in part, upon giving thirty (30) days advance notice in writing
          to the Applicant by certified mail, return receipt requested.

          c. Failure to Timely Sell or Lease Vehicles

          The Agreement shall terminate if the Applicant fails to sell one half of the
          vehicles reserved within sixty (60) days of the start of the reservation period.
          The Commission Incentive Manager shall notify the Applicant that the
          Agreement has terminated on this ground with five (5) days written notice to the
          Applicant.

10.   Costs

The Applicant acknowledges that the Agreement requires the Applicant to perform tasks
and reporting that it would perform in the ordinary course of business and that this
Agreement does not increase the administrative expenses or costs of the Applicant .
The Applicant therefore will not be reimbursed for administrative expenses associated
with performing under this Agreement.

11.   Stop Work

The Commission Incentive Manager may, at any time, by written notice to Applicant,
require Applicant to stop all or any part of the work under this Agreement. Upon receipt
of such stop work order, Applicant shall immediately take all necessary steps to comply
therewith and to cease offering incentives under the PON. An equitable adjustment shall
be made by the Energy Commission based upon a written request by the Applicant.
Such adjustment request must be made by Applicant within thirty (30) days from the
date of the stop work order. Applicant shall resume the work only upon receipt of written
notice from the Commission Incentive Manager.

12.   Standard of Performance

Applicant, in performing under this Agreement, shall be responsible for exercising the
degree of skill and care required by customarily accepted good professional practices and
procedures used in the Applicant’s field.


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                                                                    Gas and Propane Vehicles
13.   Payment of Incentives

The Energy Commission agrees to reimburse the Applicant only for actual incentives
issued by the Applicant based on the allowable incentive amounts specified in the PON.

      a. Payment Requests

          The Applicant may request payment from the Energy Commission at any time
          during the term of this Agreement although it is preferred that payment requests
          be submitted with the monthly progress reports. The final payment request must
          be received by the Energy Commission no later than fifteen (15) days after the
          expiration date of this Agreement.

          Payments will be made only on a reimbursement basis after the Applicant has
          submitted and the Commission Incentive Manager has approved the
          documentation required under the PON.

      b. Documentation

          Any payment request that is submitted without this documentation will not be
          authorized. If the documentation is incomplete, inadequate, or inaccurate, the
          Commission Incentive Manager will inform the Applicant and withhold the
          payment request until all required information is received or corrected. Any
          penalties imposed on the Applicant because of delays in payment will be paid
          by the Applicant.

          For claims on vehicles delivered at the point of sale or lease, a payment request
          must be submitted using a completed Buy-Down Incentive Payment Claim Form
          Applicant (Attachment D) and a Buy-Down Incentive Payment Claim Form –
          Purchaser (Attachment E). These forms must be accompanied by:

                a copy of the sale or lease document that clearly displays the incentive
                 amount and how it reduces the actual price of the vehicle; the origin
                 and amount of all other incentives; all applicable state and federal
                 taxes; and purchaser and purchase date; and

                a copy of the completed California Department of Motor Vehicles
                 registration form that shows the vehicle identification number and that
                 the vehicle is registered in California.

          For vehicles delivered after the point of sale or lease, the Energy Commission
          may authorize payment based on the completed Buy-Down Incentive
          Payment Claim Form – Applicant (Attachment D) accompanied by:

                a copy of the sale, signed purchase order, invoice, or lease document
                 clearly displaying the incentive amount and how it reduces the actual

PON-XX-XXX                               Page 23              Buy-Down Incentives for Natural
                                                                   Gas and Propane Vehicles
                 price of the vehicle; the origin and amount of all other incentives; all
                 applicable state and federal taxes; and purchaser and purchase date.

         Upon delivery of the vehicle to the Purchaser, Applicant must submit the Buy-
         Down Incentive Payment Claim Form – Purchaser (Attachment E),
         accompanied by:

                a copy of the completed California Department of Motor Vehicles
                 registration form that shows the vehicle identification number and that
                 the vehicle is registered in California.

         Applicant is expected to submit the required additional information within 180
         days following Applicant’s submission of the Buy-Down Incentive Payment
         Claim Form - Applicant. The Energy Commission may authorize a limited
         extension of the 180-day period on a showing of good cause. Any request for
         an extension should be submitted in writing and include the number of
         vehicles remaining, the amount of additional time needed, and the reason for
         the need.

         Failure to comply with the 180-day deadline or any extension granted to that
         deadline will result in the Applicant reimbursing the incentive amount in full to
         the Energy Commission within thirty (30) days of the elapsed deadline, and
         may result in removal of Applicant’s eligibility for the program, and/or a
         debarment action to preclude future incentives and awards.

      c. State Controller’s Office

         Payments are made by the State Controller’s Office.

14.   Fiscal Accounting Requirements

      a. Accounting and Financial Methods

         The Applicant shall establish a separate ledger account or fund for receipt and
         disbursement of Energy Commission funds for each reservation and payment.
         Expenditure details must be maintained in accordance with appropriate
         accounting practices.

      b. Retention of Records

         The Applicant shall retain all project records (including financial records,
         progress reports, reservation requests, and payment claims) for a minimum of
         three (3) years after the final payment has been received or three years after the
         Agreement term, whichever is later, unless otherwise specified in the
         Agreement.


PON-XX-XXX                               Page 24               Buy-Down Incentives for Natural
                                                                    Gas and Propane Vehicles
       c. Audits

          Upon written request from the Energy Commission, the Applicant shall provide
          detailed documentation of all finance and transaction matters at any time
          throughout the Program. In addition, the Applicant agrees to allow the Energy
          Commission or any other agency of the State, or their designated
          representative, upon written request, to have reasonable access to and the right
          of inspection of all records that pertain to this Agreement and for a period of
          three (3) years thereafter unless the Energy Commission notifies the Applicant,
          prior to the expiration of such three-year period, that a longer period of record
          retention is necessary. Further, the Applicant agrees to incorporate an audit of
          this project within any scheduled audits, when specifically requested by the
          State.

          Applicants are strongly encouraged to conduct annual audits in accordance with
          the single audit concept. The Applicant should provide two copies of the
          independent audit report and any resulting comments and correspondence to
          the Commission Incentive Manager within 30 days of the completion of such
          audits.

15.    Indemnification

The Applicant agrees to indemnify, defend, and save harmless the State, its officers,
agents, and employees from any and all claims and losses accruing or resulting to
Applicant and to any and all contractors, subcontractors, material men, laborers, and any
other person, firm, or corporation furnishing or supplying work, services, materials, or
supplies in connection with the performance of this Agreement, and from any and all
claims and losses accruing or resulting to any person, firm, or corporation who may be
injured or damaged by the Applicant in the performance of this Agreement.

16.    Disputes

In the event of a dispute or grievance between Applicant and the Energy Commission
regarding this Agreement, a vehicle incentive reservation, or payment of the incentive, the
following two-step procedure shall be followed by both parties. Applicant shall continue
with responsibilities under this Agreement during any dispute. The120-day period of this
Agreement is not extended during any dispute.

       a. Energy Commission Dispute Resolution

          The Applicant shall first discuss the problem informally with the Commission
          Incentive Manager. If the problem cannot be resolved at this stage, the
          Applicant must direct the grievance together with any evidence, in writing, to the
          Energy Commission Grants and Loans Officer. The grievance must state the
          issues in the dispute, the legal authority or other basis for the Applicant's
          position and the remedy sought. The Energy Commission Grants and Loans

PON-XX-XXX                                Page 25              Buy-Down Incentives for Natural
                                                                    Gas and Propane Vehicles
        Officer must make a determination on the problem within ten (10) working days
        after receipt of the written communication from the Applicant. The Grants and
        Loans Officer shall respond in writing to the Applicant, indicating a decision
        supported by reasons. Should the Applicant disagree with the Grants and Loans
        Officer decision, the Applicant may appeal to the second level.

        The Applicant must prepare a letter indicating why the Grants and Loans
        Officer's decision is unacceptable, attaching to it the Applicant’s original
        statement of the dispute with supporting documents, along with a copy of the
        Grants and Loans Officer's response. This letter shall be sent to the Executive
        Director at the Energy Commission within ten (10) working days from receipt of
        the Grants and Loans Officer's decision. The Executive Director or designee
        shall meet with the Applicant to review the issues raised. A written decision
        signed by the Executive Director or designee shall be returned to the Applicant
        within twenty (20) working days of receipt of the Applicant’s letter. The
        Executive Director may exercise the option of presenting the decision to the
        Energy Commission at a business meeting. Should the Applicant disagree with
        the Executive Director's decision, the Applicant may appeal to the Energy
        Commission at a regularly scheduled business meeting. Applicant will be
        provided with the current procedures for placing the appeal on an Energy
        Commission Business Meeting Agenda.

     b. Mutual Agreement for Arbitration

        Should the Energy Commission’s Dispute Resolution procedure described
        above fail to resolve a dispute or grievance to the satisfaction of the Applicant,
        either party may seek to have the dispute or grievance resolved through binding
        arbitration. Both parties must consent before submitting the dispute to
        arbitration. The arbitration proceeding shall take place in Sacramento County,
        California, and shall be governed by the commercial arbitration rules of the
        American Arbitration Association (AAA) in effect on the date the arbitration is
        initiated. The dispute or grievance shall be resolved by one (1) arbitrator who is
        an expert in the particular field of the dispute or grievance. The arbitrator shall
        be selected in accordance with the aforementioned commercial arbitration rules.
        If arbitration is mutually decided by the parties, arbitration is in lieu of any court
        action and the decision rendered by the arbitrator shall be final (not appealable
        to a court through the civil process). However, judgment may be entered upon
        the arbitrator’s decision and is enforceable in accordance with the applicable
        law in any court having jurisdiction over this PON. The demand for arbitration
        shall be made no later than six (6) months after the date of the termination of
        this Agreement or the date of the termination of the PON, whichever is earlier,
        irrespective of when the dispute or grievance arose, and irrespective of the
        applicable statute of limitations for a suit based on the dispute or grievance.




PON-XX-XXX                               Page 26                Buy-Down Incentives for Natural
                                                                     Gas and Propane Vehicles
         The cost of arbitration shall be borne by the parties as follows:

                The AAA’s administrative fees shall be borne equally by the parties;
                The expense of a stenographer shall be borne by the party requesting a
                 stenographic record;
                Witness expenses for either side shall be paid by the party producing the
                 witness;
                Each party shall bear the cost of its own travel expenses;
                All other expenses shall be borne equally by the parties, unless the
                 arbitrator apportions or assesses the expenses otherwise as part of his
                 or her award.

         If the parties do not mutually agree to binding arbitration, the sole forum to
         resolve the dispute is California State court.

17.   Workers’ Compensation Insurance

      a. Applicant hereby warrants that it carries Workers’ Compensation Insurance for
         all of its employees who will be engaged in the performance of this Agreement,
         and agrees to furnish to the Commission Incentive Manager satisfactory
         evidence of this insurance at any time the Commission Incentive Manager may
         request.

      b. If Applicant is self-insured for worker’s compensation, it hereby warrants such
         self-insurance is permissible under the laws of the State of California and
         agrees to furnish to the Commission Incentive Manager satisfactory evidence of
         this insurance at any time the Commission Incentive Manager may request.

18.   General Provisions

      a. Governing Law, Jurisdiction, and Venue

         It is hereby understood and agreed that this Agreement shall be governed by
         the laws of the State of California as to interpretation and performance. In the
         event of any legal action to enforce or interpret this Agreement, the sole and
         exclusive venue shall be a court of competent jurisdiction located in
         Sacramento, California, and the Applicant agrees to and submits to the
         jurisdiction of such court.

      b. Independent Capacity

         The Applicant, and the agents and employees of the Applicant, in the
         performance of this Agreement, shall act in an independent capacity and not as
         officers or employees or agents of the State of California.


PON-XX-XXX                                Page 27               Buy-Down Incentives for Natural
                                                                     Gas and Propane Vehicles
     c. Assignment

        Without the written consent of the Energy Commission in the form of a formal
        written amendment, this Agreement is not assignable or transferable by
        Applicant either in whole or in part.

     d. Timeliness

        Time is of the essence in this Agreement.

     e. Unenforceable Provision

        In the event that any provision of this Agreement is unenforceable or held to be
        unenforceable, then the parties agree that all other provisions of this Agreement
        have force and effect and shall not be affected thereby.

     f. Waiver

        No waiver of any breach of this Agreement shall be held to be a waiver of any
        other or subsequent breach. All remedies afforded in this Agreement shall be
        taken and construed as cumulative, that is, in addition to every other remedy
        provided therein or by law.

     g. Assurances

        The Energy Commission reserves the right to seek further written assurances
        from the Applicant that the work performed under this Agreement will be
        consistent with the terms of the Agreement.

     h. Change in Business

        Applicant shall promptly notify the Commission Incentive Manager of the
        occurrence of each of the following:
                A change of address.
                A change in the business name or ownership.
                The existence of any litigation or other legal proceeding affecting the
                 Agreement.

        Applicant shall not change or reorganize the type of business entity under which
        it does business except upon prior written notification to the Energy
        Commission. A change of business entity or name change requires an
        amendment assigning or novating the Agreement to the changed entity. In the
        event the Energy Commission is not satisfied that the new entity can perform as
        the original Applicant, the Energy Commission may terminate the Agreement as
        provided in the termination paragraph.

PON-XX-XXX                                Page 28               Buy-Down Incentives for Natural
                                                                     Gas and Propane Vehicles
      i.   Survival of Terms

           It is understood and agreed that certain provisions shall survive the completion
           or termination date of the Agreement for any reason. The provisions include, but
           are not limited to:

                 “Publications – Legal Statement on Reports and Products”
                 “Payment of Incentives”
                 “Change in Business”
                 “Disputes”
                 “Termination”
                 “Audit”
                 “Indemnification”
                 “Fiscal Accounting Requirements”

19.   Certifications and Compliance

      a. Federal, State and Municipal Requirements

           Applicant shall comply with all applicable federal, State, and municipal laws,
           rules, codes, and regulations for work performed under the Agreement.

      b. Nondiscrimination Statement of Compliance

           During the performance of the Application, Applicant shall not unlawfully
           discriminate, harass or allow harassment, against any employee or applicant
           for employment because of sex, sexual orientation, race, color, ancestry,
           religious creed, national origin, disability (including HIV and AIDS), medical
           condition (cancer), age, marital status, and denial of family care leave.
           Applicant and its subcontractors shall insure that the evaluation and treatment
           of their employees and applicants for employment are free of such
           discrimination and harassment. Applicant shall comply with the provisions of
           the Fair Employment and Housing Act (Government Code Sections 12990 et
           seq.) and the applicable regulations promulgated thereunder (California Code
           of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of
           the Fair Employment and Housing Commission implementing Government
           Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the
           California Code of Regulations are incorporated into this Agreement by
           reference and made a part of it as if set forth in full. Applicant shall give
           written notice of their obligations under this clause to labor organizations with
           which they have a collective bargaining or other Agreement.




PON-XX-XXX                                 Page 29               Buy-Down Incentives for Natural
                                                                      Gas and Propane Vehicles
     c. Drug-Free Workplace Certification

        By signing the Buy-Down Incentive Reservation Form, the Applicant hereby
        certifies under penalty of perjury under the laws of the State of California that
        the Applicant will comply with the requirements of the Drug-Free Workplace Act
        of 1990 (Government Code Section 8350 et seq.) and will provide a drug-free
        workplace by taking the following actions:

             (1) Publish a statement notifying employees that unlawful manufacture,
                 distribution, dispensation, possession, or use of a controlled substance
                 is prohibited and specifying actions to be taken against employees for
                 violations as required by Government Code Section 8355(a)(1).

             (2) Establish a Drug-Free Awareness Program as required by Government
                 Code Section 8355(a)(2) to inform employees about all of the following:

                       The dangers of drug abuse in the workplace;
                       The person's or organization's policy of maintaining a drug-free
                        workplace;
                       Any available counseling, rehabilitation, and employee assistance
                        programs; and
                       Penalties that may be imposed upon employees for drug abuse
                        violations.

             (3) Provide, as required by Government Code Section 8355(a)(3), that every
                 employee who works on the proposed project:

                       Will receive a copy of the company's drug-free policy statement;
                       Will agree to abide by the terms of the company's statement as a
                        condition of employment on the project.

        Failure to comply with these requirements may result in suspension of the
        reservation or termination of the reservation or both, and the Applicant may be
        ineligible for any future State awards if the Energy Commission determines that
        any of the following has occurred: (1) the Applicant has made false certification,
        or (2) violates the certification by failing to carry out the requirements as noted
        above.

     d. Child Support Compliance Act (Applicable to California Employers)

        For any reservation in excess of $100,000, the Applicant acknowledges that:

                It recognizes the importance of child and family support obligations and
                 shall fully comply with all applicable State and federal laws relating to
                 child and family support enforcement, including, but not limited to,

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                                                                   Gas and Propane Vehicles
                  disclosure of information and compliance with earnings assignment
                  orders, as provided in Chapter 8 (commencing with section 5200) of
                  Part 5 of Division 9 of the Family Code; and

                 To the best of its knowledge is fully complying with the earnings
                  assignment orders of all employees and is providing the names of all
                  new employees to the New Hire Registry maintained by the California
                  Employment Development Department.

       e. Americans with Disabilities Act

          By signing this Incentive Reservation Form, Applicant assures the State that it
          complies with the Americans with Disabilities Act (ADA) of 1990 (42 U.S.C.
          12101, et seq.), which prohibits discrimination on the basis of disability, as well
          as applicable regulations and guidelines issued pursuant to the ADA.

20.    Budget Contingency Clause

If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this
program, the Energy Commission shall have the option to either: 1) cancel this
Agreement or Program with no liability occurring to the Energy Commission; or 2) offer
an Agreement Amendment to the Applicant to reflect the reduced amount.

21.    Confidentiality

       a. Information Considered Confidential

          Confidential Information is information designated confidential pursuant to the
          procedures specified in 20 CCR 2505.

       b. Submittal of Unanticipated Confidential Information

          It is possible that the Applicant may submit additional data or information not
          originally anticipated as confidential. In this case, Applicant shall follow the
          procedures for a request for designation of Confidential Information specified
          in 20 CCR 2505. The Energy Commission’s Executive Director makes the
          determination of confidentiality.

       c. Disclosure

          The Energy Commission may disclose information that is not Confidential
          Information. Disclosure of Confidential Information by the Energy Commission
          may only be made pursuant to 20 CCR 2506 and 2507. All confidential data,
          records or deliverables that are legally disclosed by the Applicant or any other
          entity become public records and are no longer subject to the above
          confidentiality designation.

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                                                                      Gas and Propane Vehicles
     d. Information Practices Act

        The Energy Commission acknowledges that some of the information
        submitted, such as an individual’s name and address, may be “personal
        information,” subject to the Information Practices Act. This information will
        only be maintained and used by the Energy Commission to contact
        individuals for program management and auditing purposes and may only be
        disclosed pursuant to the limitations of the Act.




PON-XX-XXX                            Page 32              Buy-Down Incentives for Natural
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