reglab/statecodes huggingface dataset:
California Code of Regulations › Title 4 - Business Regulations › Division 13 - California Alternative Energy and Advanced Transportation Financing Authority › Article 3 - Clean Energy Upgrade Financing Program › Section 10050 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				"Authority" means the California Alternative Energy and Advanced Transportation
				Financing Authority (CAEATFA) established pursuant to Division 16 (commencing
				with Section
				26000
				of the Public Resources Code).
(b)
				"Borrower" means a property owner who is making Eligible Improvements to an
				Eligible Property.
(c) "Executive
				Director" means the Executive Director of the Authority or his or her
				designee.
(d) "Eligible
				Improvements" means energy saving home improvements which are Permanently
				Affixed to the real property and which meet the requirements as outlined in
				this Section.
(1) Except as set forth in
				subparagraph (2), Eligible Improvements shall be recommended by the Pre-Project
				Assessment, and shall be designed to achieve a minimum of ten percent (10%)
				total energy savings.
(2) Where the
				Eligible Improvements are to be installed on behalf of a Borrower participating
				in a California Public Utilities Commission (CPUC)-approved residential
				whole-house energy efficiency retrofit program, the Eligible Improvements may
				be selected in accordance with that program.
(3) Eligible Improvements may also include
				the installation of distributed generation renewable energy sources as long as
				they meet the loading order requirement pursuant to Section
				10051.
California Code of Regulations › Title 4 - Business Regulations › Division 13 - California Alternative Energy and Advanced Transportation Financing Authority › Article 3 - Clean Energy Upgrade Financing Program › Section 10052 - Minimum Underwriting Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				Participating Financial Institution may enroll Qualified Loans that meet the
				Minimum Underwriting Criteria and may set more stringent underwriting criteria.
				A Participating Financial Institution has responsibility for underwriting
				decisions and legal compliance with respect to the Qualified Loans it makes
				pursuant to these regulations.
(b)
				A Participating Financial Institution agrees that for each Qualified Loan it
				makes it will investigate and evaluate the creditworthiness of the applicant in
				a manner consistent with the regulations and its customary practices for loans
				in the amount proposed.
(c) Minimum
				Underwriting Criteria are:
(1) Loan type.
				Qualified Loans may be secured or unsecured closed end loans.
(2) Maximum loan amount. A Qualified Loan
				must not exceed ten percent (10%) of the value of the Eligible Property as
				determined by the Participating Financial Institution.
(3) Loan recipient. Borrowers must be the
				legal owners of the Eligible Property.
(4) Mortgage delinquencies. Borrowers must be
				current on their mortgage and property tax payments and not in default or in
				bankruptcy proceedings.
California Code of Regulations › Title 4 - Business Regulations › Division 13 - California Alternative Energy and Advanced Transportation Financing Authority › Article 3 - Clean Energy Upgrade Financing Program › Section 10054 - Loan Enrollment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				terms and conditions of Qualified Loans, including interest rates, fees and
				other conditions, shall be determined solely by agreement of the Participating
				Financial Institution and the Borrower.
(b) A Participating Financial Institution
				shall be authorized to enroll under the Program all or a part of any Qualified
				Loan by notifying the Authority in writing, within fifteen (15) business days
				after it receives a signed Certificate of Completion from the Qualified
				Contractor and/or Borrower certifying that the project is complete and has
				satisfied all Program requirements, that it is enrolling a Qualified Loan. For
				Qualified Loans involving multiple Certificates of Completion from Qualified
				Contractors, the fifteen (15)-business-day period shall start upon the date of
				receipt by the Participating Financial Institution of the last required
				Certificate of Completion.
(c) In
				order to enroll a Qualified Loan, a Participating Financial Institution must
				submit the following documents:
(1) Loan
				Enrollment Application.
(2)
				Certificate of Completion.
(3) A
				copy of the Pre-Project Assessment.
(4) A copy of the Post-Project Assessment,
				including, if applicable:
(A) If the
				Post-Project Assessment is conducted in accordance with the requirements of
				Section 10051(a)(2)(B) or
				(C), a copy of the utility's post-retrofit
				approval notification from the utility in whose service area the project is
				located.
(B) If the Eligible
				Improvements include a distributed generation renewable energy source, a letter
				permitting the interconnection of the distributed generation renewable energy
				source from the utility servicing the Eligible Property.
(C) If the project does not include energy
				efficiency improvements because the loading order requirement has been met
				through Section
				10051(a)(4)(A)(2) or
				(3), the foregoing letter permitting
				interconnection shall be in lieu of the Post-Project
				Assessment.
(5) The
				Participating Financial Institution shall redact Borrower name, street address
				and any other personal identifying information from the copies of all documents
				prior to submission to the Authority.
California Code of Regulations › Title 4 - Business Regulations › Division 13 - California Alternative Energy and Advanced Transportation Financing Authority › Article 3 - Clean Energy Upgrade Financing Program › Section 10055 - Loss Reserve Accounts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon
				the Executive Director's acceptance of an application by a Financial
				Institution under Section
				10053, the Authority shall
				establish a Loss Reserve Account for that Participating Financial Institution
				for the following purposes:
(1) to receive
				Loss Reserve Contributions deposited by the Authority; and
(2) to pay claims in accordance with Section
				10056.
California Code of Regulations › Title 4 - Business Regulations › Division 13 - California Alternative Energy and Advanced Transportation Financing Authority › Article 3 - Clean Energy Upgrade Financing Program › Section 10057 - Participating Financial Institution Reporting

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				Participating Financial Institution shall provide a cumulative quarterly report
				to the Authority within two weeks of the end date of each quarter.
(b) The quarterly report shall indicate the
				following information for each enrolled Qualified Loan:
(1) Participating Financial Institution loan
				identification number.
(2) Loan
				enrollment number.
(3) Maturity
				date of the loan.
(4) Total loan
				amount (original amount of loan).
(5) Total enrolled amount outstanding
				(today's balance or enrolled amount, whichever is less).
(6) The standard delinquency status of all
				outstanding Qualified Loans and collections, if any.
(7) Any inchoate losses or acceleration
				notices.
(8) Closed Qualified Loans
				shall be reported in the quarter they pay or charge off as a zero balance. Once
				the Participating Financial Institution has reported the Qualified Loan as
				zero, it does not need to be included on future quarterly reports and the
				Qualified Loan may be removed from the quarterly report at that
				time.
California Code of Regulations › Title 4 - Business Regulations › Division 13 - California Alternative Energy and Advanced Transportation Financing Authority › Article 3 - Clean Energy Upgrade Financing Program › Section 10059 - Termination and Withdrawal from the Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				Participating Financial Institution shall be authorized to withdraw from the
				Program after giving written notice to the Authority. Such notice shall specify
				either:
(1) that the Participating Financial
				Institution waives any further interest in the Loss Reserve Account (including
				for the reason that all Qualified Loans covered by the Loss Reserve Account
				have been repaid); or
(2) that the
				Participating Financial Institution will not enroll any further loans under the
				Program but that the Loss Reserve Account shall continue in existence to secure
				all Qualified Loans enrolled prior to such notice.
California Code of Regulations › Title 4 - Business Regulations › Division 13 - California Alternative Energy and Advanced Transportation Financing Authority › Article 3 - Clean Energy Upgrade Financing Program › Section 10060 - Reports of Regulatory Agencies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				Executive Director shall be authorized to seek information directly from any
				federal or state regulatory agency concerning any Participating Financial
				Institution participating in the Program.
1. New section
				  filed 5-4-2012 as an emergency; operative 5-4-2012 (Register 2012, No. 18).
				  Pursuant to Public Resources Code section
				  26131,
				  this is a deemed emergency. A Certificate of Compliance must be transmitted to
				  OAL by 10-31-2012 or emergency language will be repealed by operation of law on
				  the following day.
2. New section refiled 10-29-2012 as an
				  emergency; operative 10-29-2012 (Register 2012, No. 44). Pursuant to Public
				  Resources Code section
				  26131,
				  this is a deemed emergency. A Certificate of Compliance must be transmitted to
				  OAL by 1-28-2013 or emergency language will be repealed by operation of law on
				  the following day.
3. New section refiled 1-28-2013 as an emergency,
				  with additional amendments to NOTE; operative 1-28-2013 (Register 2013, No. 5).
				  Pursuant to Public Resources Code section
				  26131,
				  this is a deemed emergency. A Certificate of Compliance must be transmitted to
				  OAL by 4-29-2013 or emergency language will be repealed by operation of law on
				  the following day.
4. Certificate of Compliance as to 1-28-2013
				  order transmitted to OAL 4-23-2013 and filed 5-22-2013 (Register 2013, No.
				  21).
Note: Authority cited: Section
					 26071,
					 Public Resources Code. Reference: Sections
					 26073
					 and
					 26074,
					 Public Resources Code.
California Code of Regulations › Title 4 - Business Regulations › Division 13 - California Alternative Energy and Advanced Transportation Financing Authority › Article 4 - Pace Loss Reserve Program › Section 10080 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				"Authority" means the California Alternative Energy and Advanced Transportation
				Financing Authority (CAEATFA) established pursuant to Division 16 (commencing
				with Section
				26000) of the Public Resources
				Code.
(b) "Executive Director"
				means the Executive Director of the Authority or his or her designee.
(c) "Financing" means a contractual
				assessment or special tax levied by a PACE program.
(d) "PACE Program" means a residential
				property assessed clean energy program financing the installation of
				distributed generation renewable energy sources, electric vehicle charging
				infrastructure, or energy or water efficiency improvements and established
				pursuant to:
(1) Chapter 29 (commencing with
				Section 5898.10) of Part 3 of Division 7 of
				the Streets and Highways Code; or,
(2) Chapter 2.5 (commencing with Section
				53311) of Part 1 of Division 2 of
				Title 5 of the Government Code; or,
(3) A charter city's constitutional authority
				under Section
				5 of Article XI of the California
				Constitution.
California Code of Regulations › Title 4 - Business Regulations › Division 13 - California Alternative Energy and Advanced Transportation Financing Authority › Article 4 - Pace Loss Reserve Program › Section 10081 - Application by PACE Program to the PACE Loss Reserve

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A PACE Program seeking to participate in the PACE Loss
				  Reserve Program shall complete an application that shall include the following
				  information:
(a) The formation
				documents required pursuant to:
(1) Streets
				and Highways Code Sections
				5898.20-
				5898.22,
				and
				5898.24;
				or,
(2) Chapter 2.5 (commencing
				with Section
				53311) of Part 1 of Division 2 of
				Title 5 of the Government Code; or,
(3) In the case of a charter city, a copy of
				a resolution or other document adopted by the city's governing board evidencing
				approval of the PACE Program.
California Code of Regulations › Title 4 - Business Regulations › Division 13 - California Alternative Energy and Advanced Transportation Financing Authority › Article 4 - Pace Loss Reserve Program › Section 10084 - Claims Procedure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any
				PACE Program seeking to make a claim against the loss reserve pool for losses
				as described in Section
				10083 shall submit satisfactory
				evidence of the eligible loss, including but not limited to the assessor's
				parcel number, the loss amount, the origination date, the first mortgage
				lender, the date of the loss or losses, and the certification described in
				Section 10087. The Authority shall make
				payments to PACE Programs within 20 calendar days of receipt of a completed
				claim.
(b) In the event of an
				eligible claim on a Financing where the PACE Program has been terminated
				pursuant to Section
				10086, the Authority may seek
				additional evidence of the eligible loss from the first mortgage
				lender.
1. New section
				  filed 3-10-2014 as an emergency; operative 3-10-2014 (Register 2014, No. 11). A
				  Certificate of Compliance must be transmitted to OAL by 9-8-2014 or emergency
				  language will be repealed by operation of law on the following
				  day.
2. New section refiled 9-8-2014 as an emergency; operative
				  9-8-2014 (Register 2014, No. 37). Pursuant to Public Resources Code section
				  26009,
				  this filing is conclusively presumed to be necessary for the immediate
				  preservation of the public peace, health, safety, or general welfare within the
				  meaning of Government Code section
				  11346.1. A
				  Certificate of Compliance must be transmitted to OAL by 12-8-2014 or emergency
				  language will be repealed by operation of law on the following
				  day.
3. New section refiled 12-5-2014 as an emergency; operative
				  12-5-2014 (Register 2014, No. 49). Pursuant to Public Resources Code section
				  26009,
				  this filing is conclusively presumed to be necessary for the immediate
				  preservation of the public peace, health, safety, or general welfare within the
				  meaning of Government Code section
				  11346.1. A
				  Certificate of Compliance must be transmitted to OAL by 3-5-2015 or emergency
				  language will be repealed by operation of law on the following
				  day.
4. Amendment of subsection (b) filed 12-15-2014 pursuant to
				  section 100(a)(6), title
				  1, California Code of Regulations; operative 1-1-2015 pursuant to section
				  100(a)(6), title
				  1, California Code of Regulations (Register 2014, No. 51).
5.
				  Certificate of Compliance as to 12-5-2014 order transmitted to OAL 2-25-2015
				  and filed 4-6-2015 (Register 2015, No. 15).
Note: Authority cited: Section
					 26009,
					 Public Resources Code. Reference: Sections
					 26050,
					 26050.5,
					 26052,
					 26055
					 and
					 26060,
					 Public Resources Code.
California Code of Regulations › Title 4 - Business Regulations › Division 13 - California Alternative Energy and Advanced Transportation Financing Authority › Article 4 - Pace Loss Reserve Program › Section 10085 - PACE Program Reporting and Administrative Fee

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each
				enrolled PACE Program shall report to the Authority twice each calendar year.
				These reports shall be certified pursuant to Section
				10087.
(1) On March 1st of each year, each enrolled
				PACE Program shall submit the following for the period from July 1 through
				December 31:
i. The assessor's parcel number,
				principal amount, annual assessment amount and term of each new Financing
				originated in the reporting period.
ii. The total number and value of new
				Financings originated in the reporting period.
iii. Payment of the administrative fee set
				forth in paragraph (b) of this section.
California Code of Regulations › Title 4 - Business Regulations › Division 13 - California Alternative Energy and Advanced Transportation Financing Authority › Article 4 - Pace Loss Reserve Program › Section 10086 - Termination and Withdrawal from the Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each
				enrolled PACE Program may withdraw from the Program after giving written notice
				to the Authority. The notice shall specify either:
(1) That the enrolled PACE Program waives any
				further interest in the loss reserve pool (including for the reason that all
				Financings covered by the loss reserve pool have been repaid); or,
(2) That the enrolled PACE Program will not
				enroll any further Financings under the Program but shall continue to count on
				the loss reserve pool to secure all Financings reported prior to the
				notice.
California Code of Regulations › Title 4 - Business Regulations › Division 13 - California Alternative Energy and Advanced Transportation Financing Authority › Article 4 - Pace Loss Reserve Program › Section 10087 - Certification of Reports and Claims

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All
				applications, reports and claims submitted by a PACE Program must be signed by
				the PACE Program administrator certifying that they are accurate and
				true.
(b) If an application, report
				or claim is submitted by a third-party program administrator on behalf of a
				PACE Program, an appropriate public official must provide the Authority with a
				signed letter certifying that the PACE Program has the ability to audit the
				records of the third-party administrator, including all information included in
				the applications, reports and claims submitted to the Authority.
1. New section
				  filed 3-10-2014 as an emergency; operative 3-10-2014 (Register 2014, No. 11). A
				  Certificate of Compliance must be transmitted to OAL by 9-8-2014 or emergency
				  language will be repealed by operation of law on the following
				  day.
2. New section refiled 9-8-2014 as an emergency; operative
				  9-8-2014 (Register 2014, No. 37). Pursuant to Public Resources Code section
				  26009,
				  this filing is conclusively presumed to be necessary for the immediate
				  preservation of the public peace, health, safety, or general welfare within the
				  meaning of Government Code section
				  11346.1. A
				  Certificate of Compliance must be transmitted to OAL by 12-8-2014 or emergency
				  language will be repealed by operation of law on the following
				  day.
3. New section refiled 12-5-2014 as an emergency; operative
				  12-5-2014 (Register 2014, No. 49). Pursuant to Public Resources Code section
				  26009,
				  this filing is conclusively presumed to be necessary for the immediate
				  preservation of the public peace, health, safety, or general welfare within the
				  meaning of Government Code section
				  11346.1. A
				  Certificate of Compliance must be transmitted to OAL by 3-5-2015 or emergency
				  language will be repealed by operation of law on the following
				  day.
4. Certificate of Compliance as to 12-5-2014 order transmitted
				  to OAL 2-25-2015 and filed 4-6-2015 (Register 2015, No. 15).
Note: Authority cited: Section
					 26009,
					 Public Resources Code. Reference: Sections
					 26050,
					 26050.5,
					 26052,
					 26055
					 and
					 26060,
					 Public Resources Code.
California Code of Regulations › Title 4 - Business Regulations › Division 13 - California Alternative Energy and Advanced Transportation Financing Authority › Article 5 - Gogreen Home Energy Financing Program › Section 10091.2 - Eligible Financial Institution and Eligible Finance Lender Applications to Participate

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An Eligible Financial Institution (EFI) or Eligible Finance Lender (EFL) seeking to become a Participating Financial Institution (PFI) or Participating Finance Lender (PFL) in the Program shall submit an enrollment application to the Authority that includes the information in this section in a form to be specified by the Authority.
(b) General Application and Contact Information: The EFI or EFL must provide the following:
(1) Name and address of the EFI or EFL.
(2) Name, business address, business telephone number, email address, and title of contact person.
(3) Name, business address, business telephone number, email address, and title of all loan officers or staff who are authorized to provide and certify data and submit loan, retail installment contract, or lease/service agreement enrollments to the Authority under the Program.
(4) Type of finance company, denoting insured depository institution, insured credit union, Community Development Financial Institution, Financial Development Corporation, California Finance Lender or other.
(5) A list of the counties in California where its product may be available, or an indication that the product may be available statewide.
(6) Names of the regulatory agency and the insuring agency to which the EFI or EFL is accountable and license number(s), if applicable.
California Code of Regulations › Title 4 - Business Regulations › Division 13 - California Alternative Energy and Advanced Transportation Financing Authority › Article 5 - Gogreen Home Energy Financing Program › Section 10091.3 - Additional Requirements for Finance Lenders

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In
				addition to the requirements set forth in Section
				10091.2, to be approved as a PFL,
				EFLs must meet the requirements in this section in a form to be specified by
				the Authority.
(b) Insurance:
				Maintain and provide evidence of the following insurance coverage:
(1) General liability with limits of not less
				than two million dollars ($2,000,000) per occurrence for bodily injury and
				property damage liability combined. The policy shall include coverage for
				liabilities arising out of premises, operations, independent contractors,
				products, completed operations, personal and advertising injury and liability
				assumed under an insured contract. This insurance shall apply separately to
				each insured against whom a claim is made or suit is brought subject to the
				EFL's limit of liability. The policy must include the State of California and
				its officers, agents, employees and servants as additional insureds, but only
				insofar as the operations under these regulations are concerned.
(2) Statutorily required workers'
				compensation and employer's liability coverage for all the EFL's employees who
				will be engaged in the Program, including special coverage extensions where
				applicable. Employer's liability limits of one million dollars ($1,000,000)
				shall be required.
(3) All
				insurance coverage must be in force for the complete term during which the EFL
				is enrolled as a PFL. If any insurance expires during this term, a new
				certificate must be received by the Authority at least ten (10) business days
				prior to the expiration of the insurance. The new insurance must still meet the
				terms required in this section.
(4)
				The PFL is responsible for ensuring that coverage will not be cancelled without
				thirty (30) days' prior written notice to the Authority.
(5) The PFL is responsible for any deductible
				or self-insured retention contained within the insurance program.
(6) In the event the PFL fails to keep in
				effect at all times the specified insurance coverage, the Authority, in
				addition to any other remedies it may have, may terminate the PFL's
				participation in the Program on the occurrence of that event, subject to the
				provisions set forth in these regulations.
(7) Any insurance required shall be primary,
				and not excess, to any other insurance carried by the
				Authority.
California Code of Regulations › Title 4 - Business Regulations › Division 13 - California Alternative Energy and Advanced Transportation Financing Authority › Article 5 - Gogreen Home Energy Financing Program › Section 10091.4 - Channel Partner

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				Eligible Channel Partner (ECP) seeking to become a Participating Channel
				Partner (PCP) shall include in the EFI's or EFL's enrollment application to the
				Authority the information specified in this section, in a form specified by the
				Authority.
(b) Contact Information:
				The ECP must provide the following:
(1) Name,
				address, business phone number and website URL.
(2) Name, title, phone number and e-mail
				address of the contact person.
California Code of Regulations › Title 4 - Business Regulations › Division 13 - California Alternative Energy and Advanced Transportation Financing Authority › Article 5 - Gogreen Home Energy Financing Program › Section 10091.5 - Loan Eligibility and Minimum Underwriting Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Eligible Loan must meet the definition of one of the following products:
(1) A loan is an agreement between an EFI or EFL and a Borrower for a closed-end loan of a predetermined amount with periodic payments over a specified term to finance a Borrower's purchase of equipment. The Borrower will have ownership of the equipment from the time of purchase.
(2) A retail installment contract is an agreement of retail sale of equipment solely between a buyer and a seller that, pursuant to Civil Code Section  1802.6, provides for the repayment in at least four (4) installments, whether or not that contract contains a title retention.
(3) A lease/service agreement is an agreement that provides the Borrower with the use of equipment and could include ongoing service and maintenance, in exchange for payments in amounts that are due according to a schedule established in the agreement. The payments must result in the full satisfaction of the obligation. Those payments are made for a specified term. Title to the equipment may or may not transfer to the customer during the agreement. If the lease/service agreement includes ongoing service and maintenance, it must also guarantee the functionality of the equipment for the term of the agreement.
California Code of Regulations › Title 4 - Business Regulations › Division 13 - California Alternative Energy and Advanced Transportation Financing Authority › Article 5 - Gogreen Home Energy Financing Program › Section 10091.7 - Project Developers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Eligibility Requirements: To become a Participating Project Developer with the Program, an Eligible Project Developer must:
(1) Complete a Program training offered by the Authority regarding these regulations and the requirements set forth in these regulations.
(2) Submit an application to the Authority pursuant to Section 10091.7(b).
(3) Have no outstanding judgments or liens.
(4) Be covered by general liability insurance of at least one million dollars ($1,000,000) per occurrence.
(5) Fulfill at least one of the following criteria:
(A) Have completed at least ten (10) projects in a project developer role; or
(B) Have and maintain a verifiable contract as an IOU, REN, or CCA energy efficiency or demand response program implementer; or
(C) Have and maintain a verifiable registration as a third-party demand response provider/aggregator with the PUC and/or an IOU, or
(D) Have and maintain a verifiable certification or licensure with a state, federal or commercial energy audit program.
California Code of Regulations › Title 4 - Business Regulations › Division 13 - California Alternative Energy and Advanced Transportation Financing Authority › Article 5 - Gogreen Home Energy Financing Program › Section 10091.8 - Establishment and Funding of Loss Reserve Accounts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon the Authority's acceptance of an application from an EFI or EFL to be a PFI, PFL, or Successor Servicer, the Authority shall instruct the Trustee to establish a Loss Reserve Account for the PFI, PFL, or Successor Servicer. At the PFI's, PFL's, or Successor Servicer's request, the Authority will establish up to three Loss Reserve Accounts for the PFI, PFL, or Successor Servicer. The Loss Reserve Account(s) will be held by the Trustee and will be used for the following:
(1) Receive and hold Loss Reserve Contributions deposited by the Authority for the benefit of a PFI, PFL, or Successor Servicer.
(2) Pay claims in accordance with Section 10091.10.
California Code of Regulations › Title 4 - Business Regulations › Division 13 - California Alternative Energy and Advanced Transportation Financing Authority › Article 5 - Gogreen Home Energy Financing Program › Section 10091.11 - Project Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All Eligible Improvements financed by the Program must meet applicable quality assurance requirements as specified in this section.
(b) A Self-Installer may install or have installed the Eligible Improvements described in Section 10091.11(b)(1)-(2)  below. The Self-Installer must provide proof of purchase to the PFI's or PFL's satisfaction:
(1) EEMs listed in the table in Section 10091.11(j) as eligible for self-installation.
(2) Additional related home improvements as described in Section 10091.1(r)(1)(B).
California Code of Regulations › Title 4 - Business Regulations › Division 13 - California Alternative Energy and Advanced Transportation Financing Authority › Article 5 - Gogreen Home Energy Financing Program › Section 10091.12 - Reporting

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) PFIs, PFLs, and Successor Servicers will provide a monthly report, in a format approved by the Authority, to the Authority on the status of each Enrolled Loan by the 5th day of the following month.
The report will include the PFI, PFL, and Successor Servicer company name, the year and month the report is representing and the date the report is issued. The report will include all of the following:
(1) CHEEF Loan ID.
(2) PFI, PFL, and Successor Servicer internal ID for the Enrolled Loan.
(3) The Current outstanding Total Loan Principal Amount.
(4) Loan status, including whether a loan is current; 30, 60, 90, or 120 days past due; paid in full; or charged off.
(5) Updated interest rate, if applicable.
(6) Sale or transfer of any loan, portfolio of loans or assignment of repayment streams, in-whole or in-part, of any loan, including the date of sale or transfer, name(s) of the purchaser(s), transferee(s), or assignee(s) and percentage of the loan or portfolio sold, transferred or assigned.
(7) Closed Enrolled Loans shall be reported in the month the Borrower pays or the PFI, PFL, or Successor Servicer charges off the loan. Once the PFI, PFL, or Successor Servicer has reported the Enrolled Loan as paid-off or charged-off, it does not need to be included on future monthly reports.
California Code of Regulations › Title 4 - Business Regulations › Division 13 - California Alternative Energy and Advanced Transportation Financing Authority › Article 5 - Gogreen Home Energy Financing Program › Section 10091.13 - Sale of Enrolled Loans

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A PFI or PFL may sell, transfer or assign the associated repayments of an Enrolled Loan in whole or in part, or portfolio of Enrolled Loans in whole or in part, at its discretion. In those cases, the PFI or PFL will do all of the following:
(1) Retain all reporting obligations relative to participation in the Program as set forth in Section 10091.12, unless a new servicer has agreed to do so pursuant to Section 10091.13(b).
(2) Remain the sole entity that can file a claim for reimbursement from the loss reserve pursuant to Section 10091.10 unless a new servicer has agreed to do so pursuant to Section 10091.13(b).
(3) Report the sale to the Authority in accordance with the monthly reporting outlined in Section 10091.12(a) unless the PFI or PFL has disclosed on its Application to the Program that every Enrolled Loan will be sold, in the same manner, to the same purchaser(s).
California Code of Regulations › Title 4 - Business Regulations › Division 13 - California Alternative Energy and Advanced Transportation Financing Authority › Article 5 - Gogreen Home Energy Financing Program › Section 10091.14 - Termination and Withdrawal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Executive Director shall be authorized to terminate the participation of a PFI, PFL or Successor Servicer in the Program, by notice in writing, upon the occurrence of any of the following:
(1) Entry of a cease and desist order, regulatory sanctions or any other action against the PFI, PFL or Successor Servicer by a regulatory agency that may impair its ability to participate in the Program.
(2) Failure of the PFI, PFL or Successor Servicer to abide by the Law or this Article.
(3) Failure of the PFI or PFL to enroll any Eligible Loans under the Program for a period of one (1) year.
(4) Failure of the Successor Servicer to undertake the servicing of any Enrolled Loans purchased pursuant to Section 10091.13 for a period of one (1) year.
(5) Failure of the PFI, PFL or Successor Servicer to report to the Authority pursuant to Section 10091.12 for sixty (60) calendar days.
(6) Provision of false or misleading information regarding the PFI, PFL or Successor Servicer to the Authority, or the failure to provide the Authority with a notice of material changes in the submitted information regarding the PFI, PFL or Successor Servicer.
California Code of Regulations › Title 4 - Business Regulations › Division 13 - California Alternative Energy and Advanced Transportation Financing Authority › Article 5 - Gogreen Home Energy Financing Program › Section 10091.15 - Reports of Regulatory Agencies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Executive Director shall be authorized to seek
				  information directly from any federal or state regulatory agency concerning any
				  PFI, PFL, Successor Servicer or Participating Contractor participating in the
				  Program.
Note: Authority cited: Section  26009, Public Resources Code. Reference: Sections  26003(a)(3)(A),  26003(a)(6),  26003(a)(8)(A) and  26040, Public Resources Code.
Note: Authority cited: Section
					 26009,
					 Public Resources Code. Reference: Sections
					 26003(a)(3)(A),
					 26003(a)(6),
					 26003(a)(8)(A) and
					 26040, Public Resources
					 Code.
California Code of Regulations › Title 4 - Business Regulations › Division 13 - California Alternative Energy and Advanced Transportation Financing Authority › Article 5 - Gogreen Home Energy Financing Program › Section 10091.16 - California Hub for Energy Efficiency Financing Privacy Rights Disclosure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Borrower will be required to provide a contact number and affirm that they have read and acknowledged the following privacy rights disclosure in a format approved by the Authority:
(1) State and federal laws protect the Borrower's right to privacy regarding information pertaining to you. As a result of your participation in an energy financing program, as approved by the California Public Utilities Commission (CPUC) and administered by the California Alternative Energy and Advanced Transportation Financing Authority (CAEATFA), CAEATFA may come into possession of some or all of the following information:
(A) Information disclosing the fact that you are a customer of the lender.
(B) The loan or account number associated with the loan.
(C) Name, address, social security number, and contact information.
(D) Financial status and underwriting criteria, including, but not limited to, credit scores.
(E) The amount of and terms for the repayment of the loan.
(F) Information regarding your loan payment history.
(G) Details about your project, including contractor information and information regarding the equipment or improvements funded with the proceeds of the loan, including costs, permit information, and shipping dates.
(H) Utility account number(s), monthly energy use and utility account payment history.
(I) Energy savings data from your project.
(J) Post-project customer surveys.
California Code of Regulations › Title 4 - Business Regulations › Division 13 - California Alternative Energy and Advanced Transportation Financing Authority › Article 5 - Gogreen Home Energy Financing Program › Section 10091.17 - Conditional Eligibility Expansion

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If additional funding becomes available from a non-IOU Energy Efficiency ratepayer source, the Authority shall do all of the following:
(1) Maintain an interested parties list which will be open to the public. The Authority will publish information on its website as to how to submit contact information to join the interested parties list.
(2) Expand the types of equipment and related costs that may be applied toward the minimum required 70% of the Claim-Eligible Principal Amount described in Section 10091.5(f), by expanding the EEMs fuel source eligibility as described in Section 10091.1(r)(1)(A). Expansion shall be based solely on criteria required by the source of funds. Loss Reserve Contributions will be made on a first-come, first-serve basis. The source of funds may originate from any of the following:
(A) Federal department or agency.
(B) State department or agency.
(C) Local government, special district, or regional government.
(D) Nonprofit organization.
(3) Publish the criteria required by the source of funds on its website and notice the interested parties list within ten (10) business days of funding being available.
California Code of Regulations › Title 4 - Business Regulations › Division 13 - California Alternative Energy and Advanced Transportation Financing Authority › Article 5 - Gogreen Home Energy Financing Program › Section 10091.18 - Interest Rate Buy-Down Disbursement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Authority may from time to time have access to funding for Interest Rate Buy-Down (IRBD) campaigns. The IRBD amount shall be calculated against the Claim-Eligible Principal Amount.
(b) When the Authority gains access to IRBD funds, the Authority shall do all of the following:
(1) Develop an IRBD term sheet describing the IRBD campaign, including the following information:
(A) The total amount of IRBD funding available.
(B) The target interest rate or amount of rate reduction.
(C) If applicable, the maximum amount of IRBD funds available per Eligible Loan.
(D) An indication of what Eligible Improvements, Borrowers, Eligible Properties, or other eligibility criteria may qualify an Eligible Loan for an IRBD.
(E) Terms for and the process by which PFIs and PFLs may apply to participate in the IRBD campaign, and how the IRBD shall be calculated and disbursed.
California Code of Regulations › Title 4 - Business Regulations › Division 13 - California Alternative Energy and Advanced Transportation Financing Authority › Article 6 - Commercial Energy Efficiency Financing Program › Section 10092.1 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) "Affordable
				Multifamily Customer": An entity who enters into an Eligible Financing
				Agreement with a Finance Provider Entity for the purpose of completing a
				Project installed at a Multifamily Property which:
(1) Is subject to a recorded affordability
				deed restriction or covenant, with at least 5 years remaining on the recorded
				affordability deed restriction or covenant, such that the property owner is
				required to keep rents affordable; and
(2) Is restricted to occupancy for at least
				50% of the total units to households meeting the requirements of the income
				limits no greater than "moderate," published annually in the California State
				Income Limits by the California Department of Housing and Community Development
				in California Code of Regulations, Title 25, Section 6932.
California Code of Regulations › Title 4 - Business Regulations › Division 13 - California Alternative Energy and Advanced Transportation Financing Authority › Article 6 - Commercial Energy Efficiency Financing Program › Section 10092.2 - Finance Entity Enrollment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Descriptions of
				Finance Provider Applicant and Entity Program Roles
(1) The "Primary Finance Provider Applicant"
				is the financing company that is applying to the Program for enrollment as a
				Finance Provider Entity and includes any business organization that is managed,
				owned, or controlled by the applicant that will perform one or more of the
				Program roles. The Primary Finance Provider Applicant may fulfill all of the
				Program roles (described in Section
				10092.2(b)(1)-(7))
				themselves, or the entity may invite an Affiliate Finance Provider Applicant
				(as described in Section
				10092.2(a)(2)) to
				apply to fulfill some of the roles. Additionally, the Primary Finance Provider
				Applicant may invite a Marketing Representative to fulfill the Marketing
				Representative role described in Section
				10092.2(b)(7). If
				there are two or more entities fulfilling Program roles together, it will be
				the finance entity that plans to fulfill the "Financing Submittal role" that
				will be the Primary Finance Provider Applicant. The Primary Finance Provider
				Applicant must meet requirements described in Section
				10092.2(c) and
				must be a signatory to the Program application.
(2) The "Affiliate Finance Provider
				Applicant" is a potential co-applicant along with the Primary Finance Provider
				Applicant. It may fulfill one or more of the roles of the Program described in
				Section 10092.2(b)(1)-(7).
				The Affiliate Finance Provider Applicant must meet the requirements described
				in Section 10092.2(c) and
				must be a signatory to the Program application.
(3) "Finance Provider Applicant" means the
				Primary Finance Provider Applicant and the Affiliate Finance Provider Applicant
				collectively.
(4) "Primary Finance
				Provider Entity" means a Primary Finance Provider Applicant who has been
				accepted for enrollment in the Program. The Primary Finance Provider Entity
				must fulfill all the Program roles described in Section
				10092.2(b)(1)-(7)
				themselves, or this entity may fulfill Program roles along with an Affiliate
				Finance Provider Entity and, potentially, an additional entity serving as
				Marketing Representative. If there are two entities fulfilling Program roles
				together, it will be the finance entity that fulfills the Financing Submittal
				role that will be determined to be the Primary Finance Provider
				Entity.
(5) "Affiliate Finance
				Provider Entity" means an Affiliate Finance Provider Applicant that has been
				accepted for enrollment in the Program to fulfill Program roles along with the
				Primary Finance Provider Entity.
(6) "Finance Provider Entity (FPE)" means the
				Primary Finance Provider Entity and the Affiliate Finance Provider Entity
				collectively.
California Code of Regulations › Title 4 - Business Regulations › Division 13 - California Alternative Energy and Advanced Transportation Financing Authority › Article 6 - Commercial Energy Efficiency Financing Program › Section 10092.3 - Additional Requirements for Entities that Are Not Financial Institutions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to the requirements set forth in Section
				  10092.2(c), to be
				  approved as a Finance Provider Entity, Finance Provider Applicants who are not
				  Financial Institutions as defined in the regulations in this Article must meet
				  the requirements described in this Section in a format to be specified by the
				  Authority. All representations, warranties, and covenants in this Section must
				  be signed by an individual authorized to legally bind the Finance Provider
				  Applicant.
(a) Net Worth: The Finance
				Provider Applicant must demonstrate to the Authority that it has a net worth of
				no less than $1 million.
(b)
				Quality Control: The Finance Provider Applicant must demonstrate to the
				Authority that it maintains quality control and management systems to evaluate
				and monitor the overall quality of its financing-related activities, including,
				where applicable, underwriting reviews and consumer complaint resolution
				processes.
(c) Underwriting
				Qualifications: If the Finance Provider Applicant will perform the Underwriting
				role for the Program, it must provide in writing the following to the
				Authority:
(1) Demonstrated experience with
				underwriting commercial financing;
(2) Demonstrated experience with equipment
				financing and the coordination of that financing with contractors and
				businesses;
(3) Description of its
				underwriting process; and
(4)
				Demonstrated qualifications of the Finance Provider Applicant and key positions
				and associated job duties with regard to underwriting.
California Code of Regulations › Title 4 - Business Regulations › Division 13 - California Alternative Energy and Advanced Transportation Financing Authority › Article 6 - Commercial Energy Efficiency Financing Program › Section 10092.4 - Contractor and Project Developer Participation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Description of
				Contractor and Project Developer Program Roles
(1) "Participating Contractor" is a
				contractor or contractor company who installs the EEMs and/or Non-EEMs on a
				Project. For the purpose of the regulations within this Article, a contractor
				has the same definition as defined in Section
				7026
				of the Business and Professions Code. The Participating Contractor provides
				data pursuant to Section
				10092.8(b)(2) and
				certifications for Projects pursuant to Section
				10092.8(b)(3)(A).
(2) "Participating Project Developer" is an
				individual or entity who develops one or more Scope(s) of Work for the Eligible
				Commercial Financing Customer and facilitates data exchange between the
				Authority, the Eligible Commercial Financing Customer, the Finance Provider
				Entity, and/or the Participating Contractor. The Participating Project
				Developer does not perform installations on a Project. The Participating
				Project Developer provides data pursuant to Section
				10092.8(b), and
				certifications for Projects pursuant to Section
				10092.8(b)(3)(B).
				A Participating Project Developer with the requisite CSLB license(s) may also
				apply to be a Participating Contractor in the Program.
(3) One or more Participating Contractors are
				required to complete a Project, except for Projects that are completely
				self-installed. A Participating Project Developer is required to certify a
				Project if the Project includes a Self-Installer and the Project is not
				financed with a Microloan. Only one Participating Project Developer may be
				active on a Project.