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§ 10093.6. Agreement Submittal and Enrollment.

4 CA ADC § 10093.6BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS

Barclays Official California Code of Regulations Currentness
Title 4. Business Regulations
Division 13. California Alternative Energy and Advanced Transportation Financing Authority
Article 7. Affordable Multifamily Energy Efficiency Financing Program
4 CCR § 10093.6
§ 10093.6. Agreement Submittal and Enrollment.
(a) Timing of Submittal and Enrollment
(1) Once all permits required to complete each Scope of Work have been approved by the relevant permitting agency, all Scopes of Work are completed, and the Finance or Service Entity has closed the agreement with the Eligible Affordable Multifamily Customer, a complete financing or service submittal may be submitted for enrollment as described in Section 10093.6(b), to the Authority.
(2) The Eligible Efficiency Agreement must be submitted within 180 calendar days after the last Scope of Work Completion Date on the Project.
(3) Within 10 business days of receipt of a complete set of data elements, documentation, and certifications as described in Section 10093.6(b), for an Eligible Efficiency Agreement, the Authority will enroll or deny the Eligible Efficiency Agreement in the Program and communicate this information to the Finance or Service Entity.
(b) Complete Agreement Submittal Requirements
(1) Documentation. A complete submittal must include the following documentation provided to the Authority by the Eligible Affordable Multifamily Customer and/or Finance or Service Entity:
(A) IOU service confirmation: The utility bill(s) provided by any of the Investor Owned Utilities at the Eligible Property(ies) for any gas or electric service.
(B) Eligible Affordable Multifamily Customer data authorization: A signed California Hub for Energy Efficiency Financing Privacy Rights Disclosure Form as described in Section 10093.11.
(C) Invoice(s): Copy of the final invoice(s) which has/have been or will be supplied to the Eligible Affordable Multifamily Customer for the Scope(s) of Work and any Distributed Generation, if applicable.
(D) Permits: Copies of all permits that were required to complete each Scope of Work. Permits must be approved by the relevant permitting agency.
(E) Copy of the recorded affordability deed restriction or covenant showing income restriction and family size.
(F) If an ESM qualifies through the Program Partner Method, a copy of the Program Partner reservation letter and energy audit.
(2) Data. A completed submittal includes the following data provided to the Authority in a format approved by the Authority:
(A) Data provided by the Eligible Affordable Multifamily Customer and/or the Finance or Service Entity:
(i) The following data related to the Project:
a. The Scope of Work Completion Date for any work performed on the Project.
b. If the Project qualifies through the ESM List Method, the name(s) and CSLB number(s) of the contractor company(ies) who performed the installation(s).
c. Whether the installation of any measure resulted in a fuel switch.
d. Whether permits were needed for any measure in each Scope of Work.
e. The total cost of all ESMs, Non-ESMs, and DG measures, if not indicated on the customer invoice(s).
(ii) The following data related to the Eligible Affordable Multifamily Customer:
a. Name or the business entity name,
b. Name, e-mail address, and phone number of the contact,
c. Number of years in operation, and
d. An indication of how the entity is organized, e.g., sole proprietorship, corporation, or LLC.
(iii) The following data related to each Eligible Property:
a. Street address, city, and ZIP code.
b. Total number of units, number of units reserved for income restricted tenants, family size, and the income category as set forth in California Code of Regulations, Title 25, Section 6932, corresponding to each unit.
c. Number of years remaining on the recorded affordability deed restriction or covenant.
d. Number of units and/or common spaces in which ESMs were installed.
e. The unit number of each unit in which ESMs were installed.
(iv) The following data related to Projects for which the Eligible Affordable Multifamily Customer is seeking an IOU, REN, or CCA rebate or incentive:
a. The rebate or incentive amount.
(B) Data provided solely by the Finance or Service Entity:
(i) The following data related to the Project:
a. The amount of any Capitalized Interest included in the Total Financed Amount.
(ii) The following data related to all Eligible Efficiency Agreements:
a. The Finance or Service Entity's internal financing or service agreement number.
b. An indication as to whether the financing or service agreement is an Eligible Loan, Eligible Lease or Eligible Equipment Finance Agreement, Eligible Energy Service Agreement, or an Eligible Savings-Based Payment Agreement.
c. The name of the representative of the Finance or Service Entity who submitted the agreement to the Authority.
d. The Total Financed Amount.
e. Origination date.
f. Whether an advanced payment was required of the Eligible Affordable Multifamily Customer, and if so, the number of months covered by the payment.
g. Whether a security interest was taken against the financing or service agreement, and if so, an indication of the type of security interest taken.
h. Date the financing or service agreement funded, or is anticipated to fund.
i. Term of the financing or service agreement and its maturity date or its contractual end date.
j. Monthly finance agreement payment amount including principal, interest if applicable, and any maintenance, oversight, and service charges.
(iii) The following data relating to Eligible Loans and Eligible Leases or Eligible Equipment Agreements:
a. Interest rate applied to the financing or service agreement and whether the rate is fixed or variable.
b. Any additional fees charged to the Eligible Affordable Multifamily Customer and/or contractor.
(iv) The following data related only to Service Agreements and Savings-Based Payment Agreements:
a. Monthly charges for ongoing service and maintenance related to the upkeep or performance of all installed measures.
(3) Certifications. A completed financing or service submittal includes the following certifications provided to the Authority:
(A) Finance or Service Entity Certifications. Certification from the Primary Finance or Service Entity of the following:
(i) All data provided by the Primary Finance or Service Entity is true and correct to the best of its knowledge.
(B) Eligible Affordable Multifamily Customer Certification. Certification, signed by a person authorized to legally bind the Eligible Affordable Multifamily Customer of the following:
(i) Each Scope of Work has been installed and completed to its satisfaction;
(ii) Contractor(s) who completed the Scope(s) of Work holds the relevant license(s) to perform the installation(s);
(iii) It understands that the Authority and its directors, officers, and agents, and the IOUs and its directors, officers and agents, do not guarantee the performance, quality, or workmanship of any installation in the Project;
(iv) The Eligible Efficiency Agreement funds were, or will be, used to pay for the eligible Project;
(v) All permits required to complete each Scope of Work have been approved by the relevant permitting agency;
(vi) The Program Partner or Finance or Service Entity has provided the Eligible Affordable Multifamily Customer with a Bill Impact Estimate;
(vii) Acknowledgement and agreement to be subject to random post-project verifications, as described in Section 10093.5(d); and
(viii) Certification that all of the information provided by the Eligible Affordable Multifamily Customer is true and correct to the best of its knowledge.
(C) Self-Installer Certification, if applicable. Certification, signed by the Self-Installer, of the following:
(i) The improvements installed are listed as eligible for self-installation on the ESM List or qualify as Non-ESM building improvements.
Note: Authority cited: Sections 26006 and 26009, Public Resources Code. Reference: Sections 26002, 26002.5, 26003, 26006, 26011 and 26040, Public Resources Code.
HISTORY
1. New section filed 5-9-2019 as a deemed emergency pursuant to Public Resources Code section 26009; operative 5-9-2019 (Register 2019, No. 19). A Certificate of Compliance must be transmitted to OAL by 11-5-2019 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 10-31-2019 as a deemed emergency pursuant to Public Resources Code section 26009; operative 11-6-2019 pursuant to Government Code section 11346.1(d) (Register 2019, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-4-2020 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 1-30-2020 as a deemed emergency pursuant to Public Resources Code section 26009; operative 2-5-2020 pursuant to Government Code section 11346.1(d) (Register 2020, No. 5). A Certificate of Compliance must be transmitted to OAL by 5-5-2020 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 1-30-2020 order, including amendment of section heading and section, transmitted to OAL 5-5-2020 and filed 6-17-2020; amendments operative 6-17-2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 25).
This database is current through 9/11/20 Register 2020, No. 37
4 CCR § 10093.6, 4 CA ADC § 10093.6
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