(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.
(e) “Eligible Property” means a residential property of three units or less in the State of California.
(f) “Financial Institution” means any insured depository institution, insured credit union, or community development financial institution, as those terms are each defined in Section 103 of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4702); or a municipal utility district as described in Section 12850 of the Public Utilities Code.
(g) “Independent Third-Party Inspector” means an inspector who is an owner or employee of a separate legal entity from the Qualified Contractor that is not controlled by the Qualified Contractor, and has no common ownership with the Qualified Contractor.
(h) “Loss Reserve Account” means an account held by a Program Trustee that is established and maintained by the Authority for the benefit of a Participating Financial Institution for the purposes set forth in Section 10056.
(i) “Loss Reserve Contribution” means the financial assistance provided by the Authority to the Loss Reserve Account for the benefit of a Participating Financial Institution for each Qualified Loan it enrolls in the Program. The initial Loss Reserve Contribution shall be not less than fifteen percent (15%) of the enrolled principal amount of the Qualified Loan until the Participating Financial Institution's enrolled Qualified Loan volume reaches $250,000. Thereafter, the Loss Reserve Contribution shall be not less than ten percent (10%) of the enrolled principal amount of the Qualified Loan.
(j) “Minimum Underwriting Criteria” means the criteria established by the Authority as defined in Section 10052.
(k) “Participating Financial Institution” means a Financial Institution that has been approved by the Authority's Executive Director to enroll Qualified Loans in the Program and has agreed to all terms and conditions set forth in the Law and this Article.
(l) “Permanently Affixed” means goods that have become so related to particular real property that an interest in them arises under real property law.
(m) “Pre-Project Assessment” means an on-site pre-retrofit energy efficiency assessment performed in accordance with the California Home Energy Rating System (HERS) Whole-House Home Energy Rating, Building Performance Institute (BPI) Building Analyst Professional Standard or BPI Home Energy Auditing Standard requirements, which explicitly describes the recommended Eligible Improvements and the overall estimated energy savings anticipated by their installation.
(n) “Post-Project Assessment” means an on-site post-retrofit energy efficiency assessment which explicitly describes the installed Eligible Improvements and overall estimated energy savings demonstrated by their installation.
(o) “Program” means the Clean Energy Upgrade Financing Program established pursuant to Chapter 2.5 (commencing with Section 26130) of Division 16.2 of the Public Resources Code.
(p) “Program Trustee” means a bank or trust company, or the State Treasurer, chosen by the Authority to hold or administer some or all of the Loss Reserve Accounts on behalf of the Authority.
(q) “Qualified Contractor” means a contractor who is licensed for the work they perform and who must complete all work according to all applicable laws, rules, and regulations.
(1) Except as set forth in subparagraph (2), for energy efficiency improvements only, the work must be performed by a BPI certified professional.
(2) Where the work is being performed on behalf of a Borrower participating in a CPUC-approved residential whole-house energy efficiency retrofit program, the contractor need only meet the approval requirements of that program.
(3) For distributed generation renewable energy sources, the work must be performed by a contractor who holds a valid A, B, C-4, C-10, C-36 or C-46 license from the California Contractors State License Board.
(r) “Qualified Loan” means a loan or a portion of a loan made by a Participating Financial Institution to a Borrower to finance Eligible Improvements made to Eligible Properties.
(1) A Qualified Loan is one which meets the Minimum Underwriting Criteria as established by the Authority in Section 10052.
(2) A Qualified Loan does not include any of the following:
(A) A loan in the form of a line of credit.
(B) A loan for the construction or purchase of residential housing.
(C) A loan for the refinancing of debt already held by the Participating Financial Institution other than a prior Qualified Loan enrolled under the Program, except to the extent of any increase in the outstanding balance.
(D) Any loan which exceeds ten percent (10%) of the value of the Eligible Property as determined by the Participating Financial Institution.
(E) Open end loans (e.g. home equity lines of credit).
Credits
Note: Authority cited: Section 26071, Public Resources Code. Reference: Sections 26070 and 26073, Public Resources Code.
History
1. New article 3 (sections 10050-10060) 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. Amendment of subsections (e), (f), (h) and (n)(1) filed 7-16-2012 as an emergency; operative 7-16-2012 (Register 2012, No. 29). Pursuant to Public Resources Code section 26131 this is a deemed emergency. A Certificate of Compliance must be transmitted to OAL by 1-14-2013 or emergency language will be repealed by operation of law on the following day.
3. New article 3 (sections 10050-10060) and section, including 7-16-2012 amendments, 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.
4. New article 3 (sections 10050-10060) and section, including 7-16-2012 amendments, 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.
5. Certificate of Compliance as to 1-28-2013 order, including further amendments, transmitted to OAL 4-23-2013 and filed 5-22-2013; amendments operative 5-27-2013 pursuant to Government Code section 11343.4(b)(3) (Register 2013, No. 21).
This database is current through 4/19/24 Register 2024, No. 16.
