Third-Party Support and Advancing Code Compliance Technology Pilot Program

Description of goods to services to be bid:

NYSERDA is accepting applications from Authorities Having Jurisdiction (AHJs) interested in participating in the Third-Party Support and Advancing Code Compliance Technology Pilot Program. Recognizing that opportunities to advance progress on building energy codes and catalyze greenhouse gas reductions are vital to the ambitious Climate Leadership and Community Protection Act (Climate Act), NYSERDA seeks to support technical and online energy code compliance capacities in AHJs.

The use of qualified third-party support providers and electronic code compliance platforms allows for streamlined building plan reviews and inspections, addresses existing time and resource constraints faced by code enforcement officers, and improves energy code compliance. AHJs are responsible for reviewing building design and construction for compliance with the 2020 Energy Conservation Construction Code of New York State (ECCCNYS 2020) and ASHRAE 90.1-2016, as amended by 19 NYCRR Part 1240, and/or locally adopted energy provisions such as NYStretch Energy Code 2020 (NYStretch 2020), a supplement to the ECCCNYS 2020.

Based on prior NYSERDA stakeholder consultations and analyses from national experts, a dual-pronged approach to the Pilot Program is viewed as essential for scalability and effectiveness. Accordingly, the two key components of the Program Opportunity Notice (PON) Solicitation are:
1) Third-Party Support,
2) Advancing Code Compliance Technology.
The implementation of this PON is anticipated to provide the building blocks for future technology-driven energy code compliance processes within AHJs. AHJs interested in the use of third-party support providers and/or expanding building code compliance capacities through electronic permitting and review platforms are encouraged to submit “Interest Applications” for one or both components of the PON.

In light of the Climate Act’s requirement that state agencies, authorities, and entities direct funding to support clean energy and energy efficiency programs in disadvantaged communities (DACs), NYSERDA will allocate 35% of funding for use by AHJs that meet the interim criteria for a DAC as defined by New York State (www.nyserda.ny.gov/ny/disadvantagedcommunities) at the time of submission of the Interest Application by AHJs

NYSERDA will work closely with AHJs selected for the pilot programs to ensure periodic reporting and peer-to-peer learning opportunities.
As a result of the lessons learned from the implementation of the two components of this Pilot Program, NYSERDA anticipates improved scalability and efficiency in the use of third-party providers and advancing code compliance technologies for AHJs.

If changes are made to this solicitation notification will be posted on NYSERDA’s website at:
www.nyserda.ny.gov/funding-opportunities

Eligibility/Qualifications Requirements/Preferences:

The allocation and disbursement of funds related to the PON will be contingent upon AHJs providing the required documentation and following the guidance listed below in relation to each component of the PON.

• THIRD-PARTY SUPPORT PILOT PROGRAM-NYSERDA will allocate funding for this component of the Pilot Program for AHJs on a first-come, first-served basis based on both the timely completion of the Interest Application from AHJs (Attachment A) signed by the Chief Elected Official and execution of a formal agreement between NYSERDA and the AHJ (Attachment C, Sample Agreement).
The implementation of this component of the Pilot Program will be based on guidance contained within the Third-Party Support Manual (https://www.nyserda.ny.gov/-/media/Migrated/Files/Programs/energy-code-training/third-party-support-provider-manual.ashx) which was developed by NYSERDA and is based on market and industry expert consultations and inputs. NYSERDA will contract with applicants selected for funding via the Sample Agreement included as Attachment C to the PON. Adherence to the Manual will be a requirement for participation in this component of the Pilot Program.
It is important to note that as the first deliverable under the agreement executed with NYSERDA, AHJs will be required to adopt a Resolution, a template of which is provided in the Manual, authorizing the use of third-party plan review and inspection services. Third party plan review and inspection services under this Resolution will only be for compliance review of the 2020 ECCCNYS or 2020 NYStretch. Review for compliance with the Uniform Code by other departments in relevant AHJs will still be required.
Funding for Third-Party Support will be provided as a tiered award amount based on the population size of the selected AHJ. Small/Medium AHJs (0-39,999 population) will receive $50,000 for this component of the Pilot Program and Large AHJs (40,000+ population) will receive $100,000 for this component of the Pilot Program.
NYSERDA will allocate 35% of total funding for the Third-Party Support Pilot for use by AHJs that meet the interim criteria for a DAC as defined by New York State.
Once a contract is executed, the AHJ must adopt the Resolution noted above and submit to NYSERDA a certified copy in order to receive the first milestone payment, which will be 60% of the total funding awarded. Selected AHJs will be required to follow the guidance provided in the Manual, and also participate in a series of peer-to peer learning opportunities provided by NYSERDA which will enable feedback on the implementation experiences of the pilot. The remaining 40% of funds will be disbursed at the end of second year and will be tied to the specific lessons learned from the AHJs’ implementation of the Manual including experiences with engaging qualified third-party support providers, use of the commercial and residential checklists and reports, and receipt of required quarterly reporting which will include evaluation and feedback reporting form provided by NYSERDA. NYSERDA anticipates that the lessons learned from the AHJ reporting process will allow for monitoring and validation of the effectiveness of third-party support for potential wider deployment in the future.

ADVANCING CODE COMPLIANCE TECHNOLOGY:NYSERDA will allocate funding for the purchase and implementation of electronic code compliance technology platform for AHJs on a first-come, first-served basis based on both the timely completion of the Interest Application from AHJs (Attachment A) signed by the Chief Elected Official and execution of an agreement with NYSERDA (Attachment C, Sample Agreement).
Once an agreement is executed, NYSERDA funding must be directly applied towards the purchase and implementation of the electronic platform of choice by the AHJ as further articulated below. A template RFP is attached to the PON (Attachment B). To ensure reasonableness of costs associated with online energy technology platforms, NYSERDA will require AHJs selected for the Pilot Program to provide certified documentation detailing the municipal competitive procurement process as specified in their RFP.
Funding for this component of the Pilot Program will be provided as a tiered award amount based on the population size of the selected AHJ. Small/Medium AHJs (0-39,999 population) will receive funding not exceeding $75,000, for this component of the PON and Large AHJs (40,000+ population) will receive grant funding not exceeding $150,000 for this component of the PON.
NYSERDA recognizes that the role of scaling up shared services in the form of online energy code compliance platforms are directly relevant to the technical capacity needs of small AHJs. Accordingly, an award bonus of $5,000 per qualifying AHJ will be provided to encourage small AHJs (population size 0-4,999) to partner on implementation of shared electronic permitting systems. NYSERDA will require all small AHJs that receive the award bonus to provide feedback in terms of their shared implementation experiences related to online energy code compliance as a requirement of receiving this award. NYSERDA will provide the requisite feedback reporting forms to selected AHJs for their completion.
NYSERDA will allocate 35% of funding for use by AHJs that meet the interim criteria for a DAC as defined by New York State.
Following contract execution, NYSERDA will disburse funds via two milestones payments as follows:
The first milestone payment, representing 60% of funding, will be provided following the submission of an RFP to NYSERDA based the template RFP provided by NYSERDA and attached to this solicitation as Attachment B.
AHJs that receive funding will be required to participate in a series of peer-to peer learning opportunities provided by NYSERDA which will enable evaluation and feedback on the implementation experiences of the pilot.
The second milestone payment, representing the remaining 40% of funding, will be disbursed at the end of second year, and will be tied to purchase and implementation of the online energy technology platform, as well as the completion of the above-mentioned learning opportunities and receipt of required quarterly reporting, which will include implementation and evaluation reporting forms provided by NYSERDA. NYSERDA anticipates that the lessons learned from the AHJ reporting process will allow for monitoring and validation of the effectiveness of this component of the Pilot Program for potential wider deployment in the future.

NYSERDA anticipates making multiple awards under this solicitation. NYSERDA anticipates a contract duration of two (2) years, unless NYSERDA management determines a different structure is more efficient based upon proposals received. NYSERDA reserves the right to request additional information to support an Applicant’s submission.
Additionally, small AHJs that have indicated interest in partnering with other small AHJs for the Advancing Code Compliance Technology component of the Pilot Program are reminded that each individual AHJ must complete and submit their own Interest Application, and individually also submit all required forms.