Section 106

Does Your emPower Project Need State Historic Preservation Review?

Initial Review

If a home is over 45 years old and you are installing certain non-exempt measures, your emPower lender may require you to provide a letter confirming that your project is exempt from State Historic Preservation Office restrictions. This means that the source of funding supporting your emPower Home Upgrade Loan requires that funds are only spent on exempt projects (see the list of exempt measures).  Please complete the following in order to be eligible for emPower Home Upgrade Loan approval.  To avoid project delays, we encourage you to start this process as early as possible so you can submit the exemption letter to your lender along with the loan application:

1.       Contractors should submit the scope of work including the address of the property to

a.       Other project-specific information may also be required by program staff once the initial review
           is in progress.

2.       Within 3 business days, you will receive a letter.  

a.        If the letter confirms that your project is exempt, present the letter to your lender to proceed
          with the loan.

b.       If the letter confirms that your project may not be exempt, contractors must complete a Section
         106 Consultation (see below) in order to receive an exemption letter from the California Energy
         Commission (CEC) Cultural Resources Office. 

Section 106 Overview

Unless you receive a letter confirming your project as exempt, you will need to request a Section 106 Consultation from the California Energy Commission  Cultural Resources Office confirming that the project meets funder requirements through the State Historic Preservation Office.

Review Timeline

After submission of a Section 106 Consultation request, the applicant will receive a letter confirming whether the project is exempt. The Cultural Resources Office will attempt to send the letter within 10 business days once all required documentation has been properly submitted.  If the letter confirms that the project is exempt, the applicant presents the letter to the lender to proceed with the loan. If a project is not exempt, it is not eligible for an emPower Loan.

Consulation Requirements

All requests for Section 106 review should consist of a consultation letter and supporting documentation outlined below.

Consultation Letter

Please submit a consultation letter following the “Sample Request for Section 106 Consultation Letter” template. This letter should include information about the proposed undertakings, specific project activities, loan program name, etc.

Supporting Documentation

Please submit all of the following items. To ensure ease of review, please label all documents.

o  Complete “Section 106 Documentation” template.

o  Submit high-quality color photos of the following

o    Front Elevation

o    Side Elevation

o    Relevant architectural details and materials (e.g. roofline, windows, existing construction materials
     and methods)

o    View of building from across the street or far enough to show buildings on either side of the subject

If solar panels are part of the proposed undertakings,

o  Submit a roof plan

If ground disturbance is part of the proposed undertakings,

o  Submit recent geo-technical report, summary of chain of title or land use of property, and historic photographs, if available

o  Submit map(s) clearly identifying the project location and surrounding area

If the property is a known historic resource (e.g. a property listed on the National Register of Historic Places, California Register of Historic Resources, local historic register, or identified as part of a local historic district),

o  Submit documentation on property’s status, such as the survey information or listing identification.

Other project-specific information may also be required by Cultural Resources staff once the Section 106 review is in progress.

Submission Instruction

The Section 106 Consultation request letter and all supporting documentation must be mailed or delivered to the California Energy Commission at the following address:

Melissa Mourkas
Cultural Resources Planner II
1516 9th Street, MS 40
Sacramento, CA 95814

Questions about your request for consultation should be directed to emPower at 805-568-3566.