California Code of Regulations › Title 4 - Business Regulations › Division 11 - California Pollution Control Financing Authority › Article 7 - Capital Access Program for Small Businesses › Section 8078.5 - Loan Enrollment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				Participating Financial Institution may enroll all or any portion of a
				Qualified Loan by submitting an EVCS Loan Enrollment Application which shall
				include the following information:
(1) The
				official business name of the Borrower, which includes the Borrower's legal
				name and the name by which the Borrower does business, if any, and the business
				address.
(2) The name and title of
				the individual(s) responsible for signing for the Qualified Loan on behalf of
				the Borrower.
(3) Brief description
				of the Borrower's business and regular activities, either the SIC Code(s) or
				the NAICS Code(s) applicable to such business, and the amount of its annual
				revenues over the last three years.
(4) Brief summary of the intended use of the
				proceeds of the Qualified Loan consistent with uses permitted as Eligible
				Project Costs.
(5) Location(s) of
				the project(s) to be installed.
(6)
				Amount of the Qualified Loan being enrolled (and indication if less than the
				full amount of the Qualified Loan is being enrolled) and the Participating
				Financial Institution loan number.
(7) Type of the Qualified Loan (e.g.,
				secured, unsecured, term loan).
(8)
				Date of the Qualified Loan.
(9)
				Interest rate applicable to the Qualified Loan.
(10) Term or maturity date of the Qualified
				Loan.
(11) Whether the loan is for
				the installation of EVCS in a Disadvantaged Community.
(12) Whether the loan is for the installation
				of EVCS at a Multi-Unit Dwelling.
(13) Number of persons currently employed by
				the Borrower, and number of jobs expected to be created and retained by the
				Qualified Loan.
(14) The
				Participating Financial Institution's certification that the loan is a
				Qualified Loan, and that the business receiving the Qualified Loan is a
				Qualified Business.
(15) The
				Participating Financial Institution's certification that, upon request of the
				Executive Director, the Participating Financial Institution will provide
				information from the financial records of the Borrower, and that the
				Participating Financial Institution has obtained the consent of the Borrower to
				such disclosure.
(16) The
				certification that the Participating Financial Institution has obtained a
				written representation from the Borrower that the Borrower has no legal,
				beneficial or equitable interest in the Contribution.
(17) The Participating Financial
				Institution's certification that the total amount of loans enrolled by the
				Borrower in the Program does not exceed $500,000.
(18) The Participating Financial
				Institution's certification that the Borrower has secured or made application
				for all applicable licenses or permits needed to install and operate the
				EVCS.
(19) Acknowledgment that the
				lending activities of the Participating Financial Institution are subject to
				any applicable safety and soundness standards as set forth in applicable
				lending regulations.
(20) The
				Participating Financial Institution shall be authorized to base the information
				requested by subsections (14) and (18) above upon representations made to it by
				the Borrower; provided that no such Borrower representation may be relied upon
				if it is known to be false by the lending officer(s) at the Participating
				Financial Institution who are directly involved in the negotiation of the
				Qualified Loan.
(21) Certification
				from the Participating Financial Institution that it has not, and will not,
				enroll the same loan or portion thereof in any other government program
				substantially similar to the Program.
(22) The submittal of a completed Borrower's
				Eligibility Criteria and Self-Certification form in which the Borrower
				certifies to the following:
(A) That it
				satisfies the definitions in Sections
				8078.3(e),
				8078.3(f),
				8078.3(i), and
				8078.3(j) of the
				EVCS Financing Program Regulations;
(B) The EVCS installation is compliant with
				Section 8078.3(c) or
				8078.3(g) of the
				EVCS Program Regulations, if applicable;
(C) The EVCS installation is located within
				the boundaries of the State of California;
(D) The Borrower has legal control of the
				EVCS installation site for a term that is equal to or greater than the length
				of the enrolled loan, and assumes financial liability of the loan;
(E) The Borrower agrees to allow the
				participating financial institution to provide information from financial
				records of the Borrower upon request of the Executive Director of
				CPCFA;
(F) The Borrower has no
				legal, beneficial, or equitable interest in the Contribution;
(G) If the EVCS installation financed through
				this Program is a part of a larger construction project carried out by the
				Borrower, the enrolled amount of the loan in this Program is the portion of
				costs of the total project as reasonably allocated to the installation and
				operation of the EVCS, as documented by the master contractor and/or installer
				of the EVCS;
(H) The Borrower has
				secured or made application for all applicable licenses or permits needed to
				install and operate the EVCS to be procured with the Qualified Loan;
(I) The Borrower agrees to allow California
				Energy Commission staff or its designee to inspect the EVCS and EVCS
				installation site;
(J) The Borrower
				acknowledges awareness of potential regulations from the California Department
				of Food and Agriculture, Division of Measurement Standards, governing the
				retail sale of electricity from EVCS. Once effective, installed EVCS may be
				required to adhere to adopted regulation requirements; and
(K) The Borrower is aware of the Borrower
				Rebate if it complies with Section
				8078.7 of the EVCS Financing
				Regulations.
(23)
				Certification from the Participating Financial Institution that it has provided
				the Borrower CPCFA's Privacy Notice for the EVCS Financing Program, which
				provides the notice required under the California Information Practices Act
				(CIPA) (Civil Code section
				1798.17). The
				Privacy Notice for the EVCS Financing Program informs the Borrower that
				personal information protected by the CIPA may be disclosed under the following
				circumstances:
(A) To consultants, auditors
				or contractors retained by the CPCFA where disclosure is required to fulfill
				CalCAP program requirements and subject to a nondisclosure agreement;
(B) To another governmental entity where
				required by state or federal law; or
(C) As otherwise required by law.
Information related to this loan not including personally
				  identifying information may be disclosed to the California Energy Commission
				  for statistical reporting.