ATTACHMENT 11

ARFVTP Funding Restrictions Certification

  1. IMPORTANT:Please see Attachment 10 (Exhibit D)Special Terms and Conditions regarding the ARFVTP “Funding Restrictions”, and carefully note the following legal limitations and eligible projects under ARFVTP before completing this form and signing the certification below:

California Health and Safety Code section 44271c provides:

(c) For the purposes of both of the programs created by this chapter, eligible projects do not include those required to beundertaken pursuant to state or federal law, district rules or regulations, memoranda of understanding with a governmental entity,or legally binding agreements or documents. For the purposes of the Alternative and Renewable Fuel and Vehicle Technology Program, thestate board shall advise the commission to ensure the requirements of this subdivision are met.

Title 20, section 3103, provides:

(a) A project shall not be eligible for funding if it is mandated by any local, regional, state, or federal law, rule, or regulation. If a project is one that helps the proposing entity meet a performance requirement mandated by local, regional, state, or federal law, rule, or regulation, the project shall not be eligible for funding. To the extent a project exceeds what is required for compliance with a legally enforceable requirement, it may receive funding for that part of the project that the applicant demonstrates is not mandated to meet the requirement. Credits generated by the excess, however, may not be used or sold by the proposing entity to offset a legally enforceable requirement, except to the extent allowed by subsection (b). For purposes of this section, a legally enforceable requirement refers to any requirement enforceable by a local, regional, state, or federal agency for the purpose of reducing the emission of one or more criteria pollutants, toxic air contaminants, or any greenhouse gas.

(b) A project that generates credits that the applicant plans to claim based on the reduction of criteria pollutants, toxic air contaminants, or greenhouse gases may not be eligible for funding unless all of the following occur:

(1) the applicant seeks funding for only a portion of the project;

(2) the applicant agrees in the funding agreement to discount emission credits at least in proportion to the amount of funding received;

(3) the project satisfies one or more of the criteria in sections 3101 and 3101.5, as appropriate.

  1. Bidder’s Statement of Compliance

State below the reason(s), with citation to the applicable facts and/or other basis for Applicant’s position, that establish that Applicant’sproposed project is eligible for ARFVTP funding under the terms of California Health and Safety Code section 44271(c) and Title 20, section 3103. Attach an additional sheet if necessary.

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  1. Representation

I certify that I have read Attachment __[D]__ Special Terms and Conditions regarding the ARFVTP “Funding Restrictions”, California Health and Safety Code section 44271c and Title 20, section 3103, above. I certify that the facts state above are true to the best of my knowledge and belief.

I further certify that I understand that submitting a proposal that is ineligible for funding under the requirements of California Health and Safety Code section 44271c and/or Title 20, section 3103, above, will cause my Proposal to be rejected before evaluation. I further certify that I understand that failing to complete this form will cause my Proposal to be rejected before evaluation. I further certify that I understand that failure to submit an adequate and complete written justification explaining why my project is eligible for ARFVTP under the funding restrictions set forth in California Health and Safety Code section 44271c and Title 20, section 3103, above will cause my Proposal to be rejected before evaluation.

  1. Signature and Certification Under Penalty of Perjury

I have either (a) personal knowledge of the above certified factsor (b) have reasonably relied on reliable information from reliable sources for said information and applied due diligence toverifyin good faith the accuracy of said certified facts. Iam duly authorized to execute this certification on behalf of the Applicant, and have read, understand, and do hereby accept the above terms and conditions. I certify that the above information I have submitted is true and correct to the best of my knowledge, information and belief.

I certify or declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct:

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Signature of Authorized Representative Date -.

Typed Name & Title

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