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§ 10091.8. Loan Enrollment.

4 CA ADC § 10091.8Barclays Official California Code of Regulations

Barclays 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
4 CCR § 10091.8
§ 10091.8. Loan Enrollment.
Currentness
(a) The terms and conditions of Eligible Loans, including interest rates, fees and other conditions, shall be determined solely by agreement between the PFI or PFL and the Borrower.
(b) A PFI or PFL shall be authorized to submit a loan enrollment application to enroll an Eligible Loan in the Program once that loan is closed by providing the information described in Section 10091.8(c)-(g) in a format approved by the Authority.
(c) The following data points for the submitted loan will be provided to the Authority:
Data points
Data provided by:
Exceptions
Borrower Information
1
Borrower first and last name
Any
2
Borrower email
Any
3
Borrower phone number
Any
4
Borrower's credit score range, denoting a score of 580-640, 641-700, 701-760, 761-820, 821 or higher, or no credit score
PFI or PFL
5
An indication as to whether bill payment history was used in making the underwriting decision
PFI or PFL
6
Borrower's total debt-to-income ratio, denoting a range of less than 25%, between 25 and 35%, between 36 and 45%, or between 46 and 55%
PFI or PFL
Not required for Microloans
7
Borrower's relationship to property: 1) owner-occupier, 2) owner non-occupier, 3) renter or lessee
Any
Eligible Property Information
8
Eligible Property address (Street address, city, and ZIP code)
Any
9
Census tract of Eligible Property
Any
Only required if Lender is reporting the Borrower as qualifying as underserved by LMI census tract for the purpose of a 20% Loss Reserve Contribution
10
Name(s) of the utility delivering electricity and gas, if applicable, to the Eligible Property.
Any
For Microloans, only the name of the utility that corresponds to the fuel source for the EEEM(s) is required
11
The utility account number(s) for the Eligible Property, if applicable.
Any
For Microloans, only the account number that corresponds to the fuel source for the EEEM(s) is required
12
Number of units at the property being upgraded
Any
Project Information (for each contractor or Self-Installer's scope of work)
13
Registered name or DBA of the Participating Contractor; or indication of Self-installer
Contractor/Self-Installer
For Microloans, if the measure(s) are installed by a licensed contractor who is not a Participating Contractor, this data point is not required
14
Participating Contractor CSLB license number
Contractor
For Microloans or Self-Installer projects, this data point is not required
15
EEEMs ID (For each EEEM)
Any
16
Measure name (For each EEEM)
Any
17
Quantity installed (For each EEEM)
Any
18
Indication of whether the installation resulted in a fuel substitution for the measure (For each EEEM)
Any
19
The total cost for each EEEM and its installation
Any
20
The cost and description of any legal and practical measures required to complete the project, but that are not associated with any specific EEEM(s).
Any
21
The cost and description of other additional related home improvement measures installed that are not listed as EEEMs or which utilize a non-IOU fuel source.
Any
22
Total project cost
Any
23
Indication of whether the project added square footage to the home
Any
24
Date(s) the contractor(s) or Self-Installer completed the installation
Any
25
An indication of whether any distributed generation was included in the project and if so, a description and associated cost for the distributed generation measures installed.
Any
26
Indication of whether the Participating Contractor or Borrower has received or will apply for a utility, REN, or CCA energy efficiency rebate or incentive and the name of the rebate/incentive program and if known, the project ID.
Any
Loan Information
27
PFI's or PFL's name and Program Participation ID
PFI or PFL
28
Program ID (Indication that the Eligible Loan is being submitted for enrollment in the Program)
PFI or PFL
29
Loan officer name
PFI or PFL
30
The PFI's or PFL's internal loan identification number. This number should not be identical to a Borrower's account number with the PFI or PFL
PFI or PFL
31
Installer Type (Whether the project included a Self-Installer, Participating Contractor, professional installer who is not a Participating Contractor, and/or more than one Participating Contractor)
PFI or PFL
32
Total Loan Principal Amount
PFI or PFL
33
Claim-Eligible Principal Amount
PFI or PFL
34
Type of loan (e.g. term loan, retail installment contract, lease/service agreement)
PFI or PFL
35
Whether or not the loan is secured or unsecured
PFI or PFL
36
Term and maturity date
PFI or PFL
37
Date interest rate was finalized
PFI or PFL
38
Origination date
PFI or PFL
39
Interest rate, and whether it is fixed or variable
PFI or PFL
40
Whether Borrower has agreed to ACH auto pull
PFI or PFL
41
Whether the Borrower qualifies as underserved for the purpose of a 20% Loss Reserve Contribution, and if so, how: household income, LMI census tract, or Credit-Challenged.
PFI or PFL
(d) The following certifications from an authorized signatory of each Participating Contractor if any participated in the project, shall be provided to the Authority:
(1) The Participating Contractor(s) who performed the work and completed the project is (are) licensed to perform the work related to the installation of the Eligible Improvements.
(2) In addition to other project requirements, the completed project also meets the following criteria:
(A) The improvements listed by the contractor on the invoice as Eligible Improvements comply with Program guidelines.
(B) The Eligible Improvements listed on the Itemized Invoice were installed.
(3) The installation of the Eligible Improvements complies with all the applicable California building standards (Title 24) and any additional laws, ordinances, regulations and standards applicable in the jurisdiction where the installation occurred.
(4) All permits required to install the Eligible Improvements have been secured or are in the process of being secured.
(5) The Borrower was provided with a Bill Impact Estimate.
(6) Safety testing was completed and passed if required by the project as specified in Section 10091.10(f).
(e) Certifications from the Borrower of the following will be provided to the Authority:
(1) For all projects:
(A) The equipment will be installed at the project address provided to my lender.
(B) I will use loan proceeds to pay for equipment and/or installations per Program rules.
(C) I have been informed of how this project may affect my utility bill.
(D) I understand that CAEATFA and its directors, officers, and agents and the IOUs and their directors, officers and agents do not guarantee the performance, quality or workmanship of the equipment.
(E) I acknowledge and agree to allow CAEATFA, or its representatives, access to verify the equipment meets Program requirements.
(2) Additionally, for projects with equipment requiring professional installation per the Program rules:
(A) I have secured or will secure a CSLB-licensed contractor.
(B) All installation(s) by a Participating Contractor have been completed to my satisfaction.
(3) Additionally, for projects with equipment that require(s) permits, all permits have been or will be secured.
(f) Proof of electric or gas delivery at the project address for each utility servicing the property dated within ninety (90) days of credit approval through one of the means listed in paragraphs (1)-(4) will be provided to the Authority. For Microloans, only proof of the utility that corresponds to the fuel being utilized by the EEEM(s) is required.
(1) Copy of a current utility bill demonstrating electric and or gas delivery to the property.
(2) Letter of confirmation establishing utility service at the property.
(3) Evidence that the property is served by a master meter in a mobile home park.
(4) Certification by either a PFI, PFL, or Participating Contractor.
(A) That is implementing a utility energy efficiency program that the Borrower is receiving fuel delivered by that utility.
(B) That customer utility account data has been validated through a third-party digital authentication.
(g) An executed California Hub for Energy Efficiency Financing Disclosure as described in Section 10091.15 shall be provided to the Authority.
(h) The PFI or PFL shall be authorized to base the information requested in Section 10091.8(c) upon representations made to the PFI or PFL by the Borrower and/or the Self-Installer and/or the Participating Contractor, provided that the representation cannot be relied upon if it is known to be false by the lending officers at the PFI or PFL who are directly involved in the negotiation of the Eligible Loan.
(i) Where the Authority determines that a loan enrollment application is incomplete, a PFI or PFL shall be authorized to submit a revised and complete loan enrollment application.
(j) The Authority, upon the receipt of the documentation required pursuant to this section from the PFI or PFL, shall have ten (10) business days to enroll the Eligible Loan if the Executive Director determines that the Eligible Loan meets the requirements of this Article. The Executive Director's determination whether an Eligible Loan shall be enrolled in the Program shall be final.

Credits

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.
History
1. New section filed 3-9-2015 as an emergency; operative 3-9-2015 (Register 2015, No. 11). A Certificate of Compliance must be transmitted to OAL by 9-8-2015 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 9-8-2015 as a deemed emergency pursuant to Public Resources Code section 26009, including amendment of subsections (b) and (c)(3), new subsections (c)(6)-(c)(6)(A), amendment of subsection (d)(3), new subsections (d)(7)-(d)(7)(A), amendment of subsection (e)(11), new subsections (e)(15) and (e)(20)-(23), subsection renumbering, new subsection (f)(1)(F), subsection relettering and new subsections (f)(2)(G), (f)(3)(I) and (g)(2)(F); operative 9-8-2015 (Register 2015, No. 37). A Certificate of Compliance must be transmitted to OAL by 12-7-2015 or emergency language will be repealed by operation of law on the following day.
3. New section, including 9-8-2015 amendments, refiled 12-3-2015 as a deemed emergency pursuant to Public Resources Code section 26009; operative 12-7-2015 (Register 2015, No. 49). A Certificate of Compliance must be transmitted to OAL by 3-7-2016 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 12-3-2015 order, including further amendment of section, transmitted to OAL 3-1-2016 and filed 4-13-2016; amendments operative 4-13-2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 16).
5. Editorial correction removing duplicative subsection (l) (Register 2016, No. 18).
6. Amendment filed 9-5-2017 as an emergency; operative 9-5-2017 (Register 2017, No. 36). A Certificate of Compliance must be transmitted to OAL by 3-5-2018 or emergency language will be repealed by operation of law on the following day.
7. Amendment refiled 3-5-2018 as an emergency, including amendment of subsections (c), (c)(2), (c)(5), (d) and (e)(13), new subsections (e)(27)-(28), amendment of subsections (h), (h)(2)(B) and (h)(2)(D), new subsections (l)(1)(B)-(C) and subsection relettering; operative 3-5-2018 (Register 2018, No. 10). A Certificate of Compliance must be transmitted to OAL by 6-4-2018 or emergency language will be repealed by operation of law on the following day.
8. Amendment refiled 5-30-2018 as an emergency; operative 6-5-2018 (Register 2018, No. 22). A Certificate of Compliance must be transmitted to OAL by 9-4-2018 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 5-30-2018 order, including amendment of subsection (e)(12), transmitted to OAL 8-3-2018 and filed 9-17-2018; amendments effective 9-17-2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 38).
10. Amendment filed 5-24-2021 as an emergency; operative 5-24-2021 (Register 2021, No. 22). Emergency expiration extended 60 days pursuant to Executive Order N-40-20 plus an additional 60 days pursuant to Executive Order N-71-20. A Certificate of Compliance must be transmitted to OAL by 3-22-2022 or emergency language will be repealed by operation of law on the following day.
11. Change without regulatory effect amending subsection (c) filed 8-25-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 35).
12. Amendment refiled 3-17-2022 as an emergency, including further amendment of table within subsection (c); operative 3-23-2022 (Register 2022, No. 11). A Certificate of Compliance must be transmitted to OAL by 6-21-2022 or emergency language will be repealed by operation of law on the following day.
13. Refiling of 3-17-2022 order on 6-20-2022 as an emergency; operative 6-22-2022 (Register 2022, No. 25). A Certificate of Compliance must be transmitted to OAL by 9-20-2022 or emergency language will be repealed by operation of law on the following day.
14. Certificate of Compliance as to 6-20-2022 order transmitted to OAL 8-19-2022 and filed 9-29-2022 (Register 2022, No. 39).
This database is current through 9/22/23 Register 2023, No. 38.
Cal. Admin. Code tit. 4, § 10091.8, 4 CA ADC § 10091.8
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