GFO-25-607 - Clean Transportation Program Hydrogen Infrastructure Project Opportunity (HIPO)

The CAM shall:

Send the Recipient the kick-off meeting agenda.

The Recipient shall:

Attend a "Kick-Off" meeting that includes the CAM and may include the Commission Agreement Officer (CAO) and a representative of the CEC Accounting Office. The Recipient shall bring their Project Manager, Agreement Administrator, Accounting Officer, and any others determined necessary by the Recipient or specifically requested by the CAM to this meeting.

Provide a written statement of match share activities that have occurred after the notice of proposed awards but prior to the execution of the agreement using match funds. If none, provide a statement that no work has been completed using match funds prior to the execution of the agreement. All pre-execution match expenditures must conform to the requirements in the Terms and Conditions of this Agreement.

The statement should include the following project activities: key milestone dates, site specific dispenser information and any other equipment to be included at the site(s).

Provide an updated Schedule of Products, updated list of match funds (Private, Utility, Federal), and updated list of permits.

Discuss the following administrative and technical aspects of this Agreement:

Agreement Terms and Conditions

Critical Project Review (Task 1.2)

Match fund documentation (Task 1.6) No reimbursable work may be done until this documentation is in place.

Permit documentation (Task 1.7)

Subawards and site host agreements (if applicable) needed to carry out project (Task 1.8)

The CAM's expectations for accomplishing tasks described in the Scope of Work

An updated Schedule of Products and Due Dates

Monthly Calls (Task 1.4)

Quarterly Progress Reports (Task 1.5)

Program Management Data Report (report template to be provided by CAM)

NREL Data Collection Tool (report template to be provided by CAM)

Renewable Hydrogen Report (report template to be provided by CAM)

Technical Products (Product Guidelines located in Section 5 of the Terms and Conditions)

CAM Product:

Kick-Off Meeting Agenda

Recipient Products:

Updated Schedule of Products

Updated List of Match Funds (Private, Utility, Federal)

Updated List of Permits

Written Statement of Match Share Activities

Task 1.2 Critical Project Review (CPR) Meetings

CPRs provide the opportunity for frank discussions between the CEC and the Recipient. The goal of this task is to determine if the project should continue to receive CEC funding to complete this Agreement and to identify any needed modifications to the tasks, products, schedule or budget.

The CAM may schedule CPR meetings as necessary, and meeting costs will be borne by the Recipient.

Meeting participants include the CAM and the Recipient and may include the CAO, the Fuels and Transportation Division (FTD) program lead, other CEC staff and Management as well as other individuals selected by the CAM to provide support to the CEC.

The CAM shall:

Determine the location, date, and time of each CPR meeting with the Recipient. These meetings generally take place at the CEC, but they may take place at another location or remotely.

Send the Recipient the CPR meeting agenda and a list of expected participants in advance of each CPR. If applicable, the agenda shall include a discussion on both match funding and permits.

Conduct and make a record of each CPR meeting. Prepare a schedule for providing the written determination described below.

Determine whether to continue the project, and if continuing, whether or not modifications are needed to the tasks, schedule, products, and/or budget for the remainder of the Agreement. Modifications to the Agreement may require a formal amendment (please see section 8 of the Terms and Conditions). If the CAM concludes that satisfactory progress is not being made, this conclusion will be referred to the Lead Commissioner for Transportation for his or her concurrence.

Provide the Recipient with a written determination in accordance with the schedule. The written response may include a requirement for the Recipient to revise one or more product(s) that were included in the CPR.

The Recipient shall:

Prepare a CPR Report for each CPR that discusses the progress of the Agreement toward achieving its goals and objectives. This report shall include recommendations and conclusions regarding continued work of the projects. This report shall be submitted along with any other products identified in this scope of work. The Recipient shall submit these documents to the CAM and any other designated reviewers at least 15 working days in advance of each CPR meeting.

Present the required information at each CPR meeting and participate in a discussion about the Agreement.

CAM Products:

CPR meeting agenda and a list of expected participants

Schedule for written determination

Written determination

Recipient Product:

CPR Report(s)

Task 1.3 Final Meeting

The goal of this task is to closeout this Agreement.

The Recipient shall:

Meet with CEC staff to present the findings, conclusions, and recommendations. The final meeting must be completed during the closeout of this Agreement.

This meeting will be attended by, at a minimum, the Recipient and the CAM. The technical and administrative aspects of Agreement closeout will be discussed at the meeting, which may be two separate meetings at the discretion of the CAM.

The technical portion of the meeting shall present an assessment of the degree to which project and task goals and objectives were achieved, findings, conclusions, recommended next steps (if any) for the Agreement, and recommendations for improvements. The CAM will determine the appropriate meeting participants.

The administrative portion of the meeting shall be a discussion with the CAM about the following Agreement closeout items:

What to do with any equipment purchased with CEC funds (Options)

CEC request for specific "generated" data (not already provided in Agreement products)

Need to document Recipient's disclosure of "subject inventions" developed under the Agreement, if applicable

"Surviving" Agreement provisions

Final invoicing and release of retention

Provide written documentation of meeting agreements.

Prepare a schedule for completing the closeout activities for this Agreement.

Products:

Written documentation of meeting agreements

Schedule for completing closeout activities

Task 1.4 Monthly Calls

The goal of this task is to have calls at least monthly between CAM and Recipient to verify that satisfactory and continued progress is made towards achieving the objectives of this Agreement on time and within budget.

The objectives of this task are to verbally summarize activities performed during the reporting period, to identify activities planned for the next reporting period, to identify issues that may affect performance and expenditures, to verify match funds are being proportionally spent concurrently or in advance of CEC funds or are being spent in accordance with an approved Match Funding Spending Plan, to form the basis for determining whether invoices are consistent with work performed, and to answer any other questions from the CAM. Monthly calls might not be held on those months when a quarterly progress report is submitted, or the CAM determines that a monthly call is unnecessary.

The CAM shall:

Schedule monthly calls.

Provide and explain the Program Management Data Report Template during first monthly call and review with Recipient during subsequent monthly calls.

Provide questions to the Recipient prior to the monthly call.

Provide call summary notes to Recipient of items discussed during call.

The Recipient shall:

Review the questions provided by CAM prior to the monthly call

Complete the Program Management Data Report following the first monthly call and review and update with CAM during subsequent monthly calls, as needed. (Task

Provide verbal answers to the CAM during the call.

Send an email to CAM concurring with call summary notes.

Product:

Email to CAM concurring with call summary notes.

Task 1.5 Quarterly Progress Reports

The goal of this task is to periodically verify that satisfactory and continued progress is made towards achieving the objectives of this Agreement on time and within budget.

The objectives of this task are to summarize activities performed during the reporting period, to identify activities planned for the next reporting period, to identify issues that may affect performance and expenditures, and to form the basis for determining whether invoices are consistent with work performed.

The Recipient shall:

Prepare a Quarterly Progress Report which summarizes all Agreement activities conducted by the Recipient for the reporting period, including an assessment of the ability to complete the Agreement within the current budget and any anticipated cost overruns. Progress reports are due to the CAM the 10th day of each January, April, July, and October. The Quarterly Progress Report template can be found on the ECAMS Resources webpage available at .

Product:

Quarterly Progress Reports

Task 1.6 Identify and Obtain Match Funds

The goal of this task is to ensure that the match funds planned for this Agreement are obtained for and applied to this Agreement during the term of this Agreement.

The costs to obtain and document match fund commitments are not reimbursable through this Agreement. Although the CEC budget for this task will be zero dollars, the Recipient may utilize match funds for this task. Match funds must be identified in writing and the associated commitments obtained before the Recipient can incur any costs for which the Recipient will request reimbursement.

The Recipient shall:

Prepare a letter documenting the match funding committed to this Agreement and submit it to the CAM at least 2 working days prior to the kick-off meeting. If no match funds were part of the proposal that led to the CEC awarding this Agreement and none have been identified at the time this Agreement starts, then state such in the letter. If match funds were a part of the proposal that led to the CEC awarding this Agreement, then provide in the letter a list of the match funds that identifies the:

Amount of each cash match fund, its source, including a contact name, address and telephone number and the task(s) to which the match funds will be applied.

Amount of each in-kind contribution, a description, documented market or book value, and its source, including a contact name, address and telephone number and the task(s) to which the match funds will be applied. If the in-kind contribution is equipment or other tangible or real property, the Recipient shall identify its owner and provide a contact name, address and telephone number, and the address where the property is located.

Provide a copy of the letter of commitment from an authorized representative of each source of cash match funding or in-kind contributions that these funds or contributions have been secured. For match funds provided by a grant, a copy of the executed grant shall be submitted in place of a letter of commitment.

Discuss match funds and the implications to the Agreement if they are reduced or not obtained as committed, at the kick-off meeting. If applicable, match funds will be included as a line item in the progress reports and will be a topic at CPR meetings.

Provide the appropriate information, including but not limited to, a letter of new match fund commitment to the CAM if during the course of the Agreement additional match funds are received.

Provide the CAM written notification within 10 days if during the course of the Agreement existing match funds are reduced. Reduction in match funds must be approved through a formal amendment to the Agreement and may trigger an additional CPR meeting.

Products:

A letter regarding match funds or stating that no match funds are provided

Copy(ies) of each match fund commitment letter(s) (if applicable)

Letter(s) for new match fund commitment (if applicable)

Written notification that match funds were reduced (if applicable)

Task 1.7 Identify and Obtain Required Permits

The goal of this task is to obtain all permits required for work completed under this Agreement in advance of the date they are needed to keep the Agreement schedule on track.

Permit costs and the expenses associated with obtaining permits are not reimbursable under this Agreement. Although the CEC budget for this task will be zero dollars, the Recipient may budget match funds for any expected expenditures associated with obtaining permits. Permits must be identified in writing and obtained before the Recipient can make any expenditure for which a permit is required.

The Recipient shall:

Prepare a letter documenting the permits required to conduct this Agreement and submit it to the CAM at least 2 working days prior to the kick-off meeting. If there are no permits required at the start of this Agreement, then state such in the letter. If it is known at the beginning of the Agreement that permits will be required during the course of the Agreement, provide in the letter:

A list of the permits that identifies the:

Type of permit

Name, address and telephone number of the permitting jurisdictions or lead agencies

The schedule the Recipient will follow in applying for and obtaining these permits.

Discuss the list of permits and the schedule for obtaining them at the kick-off meeting and develop a timetable for submitting the updated list, schedule and the copies of the permits. The implications to the Agreement if the permits are not obtained in a timely fashion or are denied will also be discussed. If applicable, permits will be included as a line item in the Progress Reports and will be a topic at CPR meetings.

If during the course of the Agreement additional permits become necessary, provide the appropriate information on each permit and an updated schedule to the CAM.

As permits are obtained, send a copy of each approved permit to the CAM.

If during the course of the Agreement permits are not obtained on time or are denied, notify the CAM within 5 working days. Either of these events may trigger actions available to the CEC under this Agreement, such as an additional CPR.

Products:

Letter documenting the permits or stating that no permits are required

A copy of each final approved permit (if applicable)

Updated list of permits as they change during the term of the Agreement (if applicable)

Updated schedule for acquiring permits as changes occur during the term of the Agreement (if applicable)

Task 1.8 Obtain and Execute Subawards and Agreements with Site Hosts

The goal of this task is to ensure quality products and to execute subrecipient and site host agreements, as applicable, required to carry out the tasks under this Agreement consistent with the Agreement Terms and Conditions and the Recipient's own procurement and contracting policies and procedures.

The Recipient shall:

Execute and manage subawards and coordinate subrecipient activities.

Execute and manage site host agreements and ensure the right to use the project site throughout the term of the Agreement, as applicable. A site host agreement is not required if the Recipient is the site host.

Notify the CEC in writing immediately, but no later than five calendar days, if there is a reasonable likelihood the project site cannot be acquired or can no longer be used for the project.

Submit a letter to the CAM describing the subawards and any site host agreements needed or stating that no subawards or site host agreements are required.

If requested by the CAM, submit a draft of each subaward and any site host agreement required to conduct the work under this Agreement to the CAM for review.

If requested by the CAM, submit a final copy of each executed subaward and any site host agreement.

If Recipient intends to add new subrecipients or change subrecipients, then the Recipient shall notify the CAM.

Products:

Letter describing the subawards and any site host agreements needed, or stating that no subawards or site host agreements are required

Draft subaward (if requested)

Final subaward (if requested)

Draft site host agreement (if requested)

Final site host agreement (if requested)

TECHNICAL TASKS

TASK 2 HYDROGEN SAFETY PLAN

The goal of this task is to develop a detailed hydrogen safety plan that the Recipient and any subrecipients or individuals involved in station construction, operation, and maintenance will follow throughout the project and as long as each station operates.

The Recipient will collaborate with the Pacific Northwest National Laboratory (PNNL) Hydrogen Safety Panel (HSP) to ensure the plan is comprehensive and demonstrates a strong commitment to safety.

The Recipient shall:

Submit the station design to the PNNL HSP for review.

Submit a Written Notification of Completion of PNNL HSP design review to the CAM.

Develop a Preliminary Hydrogen Safety Plan and submit it to PNNL HSP for review. Provide a copy of PNNL HSP's assessment to the CAM.

Discuss the PNNL HSP's assessment with members of the PNNL HSP.

Evaluate the PNNL HSP's comments and determine how to address them in the final plan.

Prepare a memo on how the PNNL HSP's comments will be addressed and provide a copy to the CAM.

Collaborate with the PNNL HSP and CAM to resolve any questions or issues pertaining to the Hydrogen Safety Plan.

Prepare a Final Hydrogen Safety Plan.

Submit the Final Hydrogen Safety Plan to the PNNL HSP.

Submit a Written Notification of Submission of the Final Hydrogen Safety Plan to the PNNL HSP to the CAM

Products:

Written notification of completion of PNNL HSP design review.

A copy of the PNNL HSP's assessment of the Preliminary Hydrogen Safety Plan for each station

Memo describing how the PNNL HSP's comments will be addressed in the Final Hydrogen Safety Plan for each station.

Written notification of submission of the final Hydrogen Safety Plan to the PNNL HSP

Task 2.1 Safety Inspections

The goal of this task is to have members of the PNNL HSP and Recipient conduct an in-person inspection of the hydrogen refueling station between 6 and 12 months after becoming operational.

The Recipient shall:

Work with the PNNL HSP to schedule a time to conduct an in-person inspection of the station between 6 and 12 months after becoming operational.

Hold the in-person inspection such that members of the PNNL HSP can inspect the installed station equipment.

Prepare Summary Notes of the Safety Inspection, including, but not limited to, date, time, and participants in the inspection; elements of the inspection; feedback from the PNNL HSP and any resulting action items. Provide a copy to the CAM.

Products:

Inspection summary notes

<Add the appropriate number of tasks for the Agreement>

TASK OPERATIONS AND RELIABILITY

The goal of this task is to operate all hydrogen refueling stations included in the project and to plan for and implement maintenance strategies to achieve excellent station reliability.

The Recipient shall:

Operate each eligible hydrogen refueling station included in this project and maintain Open Retail status for at least six years.

Provide an Operations and Reliability Plan for the project explaining how 95% uptime at each eligible hydrogen station included in the project will be achieved. Uptime shall be calculated as a quarterly average percentage and defined as: (The total hours the station is available over the quarter / the total possible hours of operation over the quarter) x 100. The Plan shall include, but is not limited to:

Explanation of the staff resources and procedures for conducting O&M.

Description of methods for communicating with and providing help to customers.

Clear and detailed strategies for achieving 95% station uptime and ensuring customer satisfaction.

Description and frequency of preventative or planned maintenance.

Response times for various types of unplanned maintenance issues.

Conduct planned and unplanned maintenance of each eligible hydrogen refueling station included in this project as outlined in the Operations and Reliability Plan.

Without limitation to other rights and remedies which the CEC may have, including but not limited to survival provisions specified in the Terms and Conditions of this agreement, the requirement that the Recipient commit to operating each hydrogen refueling station included in this project for six years from execution of this Agreement, as feasible, and maintain a 95% uptime, shall survive the completion or termination date of this agreement. In addition to other requirements in the Terms and Conditions of this agreement, all CEC-reimbursable expenditures must be incurred within the Agreement term.

Products:

Operations and Reliability Plan

TASK <Second to Last> OTHER DATA COLLECTION AND ANALYSIS

The goal of this task is to collect operational and programmatic data from the project.

The Recipient shall:

Complete an Open Retail Station Checklist after each hydrogen refueling station becomes operational.

Prepare and provide a Program Management Data Report in a format chosen by the CEC following the first monthly call (Task 1.4) and update during subsequent monthly calls as needed.

Complete and submit the NREL Data Collection Tool (to be provided by the CAM) quarterly for each hydrogen refueling station in the project throughout the project term. See Task XX.1 Utilization.

Complete and submit a Renewable Hydrogen Report every six months during the term of this agreement that includes but is not limited to the percentage of renewable hydrogen dispensed at each hydrogen refueling station in the project, the carbon intensity of the renewable hydrogen, and the Low Carbon Fuel Standard pathway associated with the renewable hydrogen. See Task XX.2 GHG Intensity Reporting.

Perform and submit results of purity testing using hydrogen collected at the nozzle for each hose at each hydrogen refueling station in the project:

Annually during the term of this agreement.

At any station when it changes from Retail: Unavailable to Retail: Open.

As needed when the hydrogen lines are potentially exposed to contamination due to maintenance or other activity.

Hydrogen purity readings shall be collected according to CCR Title 4 Business Regulations, Division 9 Measurement Standards, Chapter 6 Automotive Products Specifications, Article 8 Specifications for Hydrogen Used in Internal Combustion Engines and Fuel Cells, Sections 4180 and 4181.

Comply with the Petroleum Industry Information Reporting Act (PIIRA) and complete CEC Form A15, found at https://a15.energy.ca.gov/, on an annual basis for each hydrogen refueling station in the project. Submit the form to the CEC's PIIRA Data Collection Unit per the instructions on the website.

Collect and provide the following programmatic data for all hydrogen refueling stations, and include in the Program Management Data Report. The programmatic data shall include, but not be limited to the following:

Hydrogen Refueling Station Information:Funding

The subsidy from a federal program, utility program, and private funding

Vehicles

Primary Vehicle Type served such as light duty (GVWR <= 10,000), medium duty (10,000 < GVWR <= 26,000), heavy duty (GVWR > 26,000)

Milestone Dates

Key milestone dates, such as permit request and received date, energization date, hydrogen refueling station operational date, and other dates as requested by the CAM

Location

Primary site access type such as publicly access, shared access, private access

Location/site use type, such as hotel, restaurant, or multi-unit housing

Hydrogen refueling station address

Parking location type, such as street, parking lot or parking garage

Hydrogen Station Information

Hydrogen equipment type, number of dispensers, number of fueling positions per dispenser

Hydrogen equipment station developer, nozzle manufacturer, storage manufacturer

Hydrogen equipment steam methane reformation (SMR) or electrolyzer, compressor or pump

Hydrogen nameplate capacity kg per day

The number of LD, MD, and/or HD vehicles fueled by the station

Include the following information in the Quarterly Progress Reports: [CAM to delete this item if the project is not required to meet a minimum Public Access threshold (e.g., 25% of total station output or availability during normal operating hours)]

Identification of stations designated for public use

Percentage of total project capacity dedicated to Public Access

Usage metrics for Public Access stations (e.g., throughput, hours of operation, user types)

Description of how Public Access is maintained and enforced

Geographical location and accessibility features of public use stations

Any pricing, signage, or operational policies specific to public users

Products:

Open Retail Station Checklist

Program Management Data Report

Annual and as needed hydrogen purity test results

Annual CEC A15 form

Public Access information included in Quarterly Progress Reports (Task 1.5), if applicable

Task <Second to Last >.1 Utilization

The Recipient shall:

Collect and provide to the CAM, at minimum, quarterly utilization data from the project for all hydrogen refueling stations in the NREL Data Collection Tool and report the hydrogen station data listed below in each Quarterly Project Report (Task 1.5) for three years after the hydrogen stations are operational, including, but not limited to:

Number of refueling sessions

Average refueling station downtime (to be included in Quarterly Project Reports)

Average refueling session duration

Average kilograms of hydrogen dispensed per refueling session

Average retail price of hydrogen

Normal operating hours, and explanations of variations (to be included in Quarterly Project reports)

Gallons of gasoline and/or diesel fuel displaced (with associated mileage information)

Identify any current and planned use of renewable energy at the facility (to be included in Quarterly Project reports)

Retention may be withheld under this Agreement until at least 12 months of data collection is provided by Recipient.

Products:

NREL Data Collection Tool

Hydrogen station data (to be included in Quarterly Project Reports (Task 1.5))

Task .2 GHG Intensity Reporting

The Recipient shall:

Collect and report the source and carbon intensity of the hydrogen produced for, or dispensed by the stations, as measured by the methodology in the LCFS regulation (Subarticle 7 (commencing with Section 95480) of Article 4 of Subchapter 10 of Chapter 1 of Division 3 of Title 17 of the California Code of Regulations). Data must be reported to the CEC semiannually in the Renewable Hydrogen Report specified by the CAM.

Products:

Renewable Hydrogen Report

TASK <Last> PROJECT FACT SHEET

The goal of this task is to develop an initial and final project fact sheet that describes the CEC-funded project and the benefits resulting from the project for the public and key decision makers.

The Recipient shall:

Prepare an Initial Project Fact Sheet at start of the project that describes the project and the expected benefits. Use the format provided by the CAM.

Prepare a Final Project Fact Sheet at the project's conclusion that includes but is not limited to: a description of the project; the actual benefits resulting from the project; lessons learned from implementing the project; data on potential job creation, economic development, and increased state revenue as a result of expected future expansion; and a comparison of any project performance and expectations provided in the proposal to CEC with actual project performance and accomplishments. Use the format provided by the CAM.

Provide at least (6) six High Quality Digital Photographs (minimum resolution of 1300x500 pixels in landscape ratio) of pre and post technology installation at the project sites or related project photographs.

Products:

Initial Project Fact Sheet

Final Project Fact Sheet

High Quality Digital Photographs