Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a)
(1) A
program administrator shall provide a property owner the Right to Cancel
disclosure required under Streets and Highways Code section
5898.16
as a printed paper copy unless the property owner agrees to an electronic
copy.
(2) A program administrator
shall provide a property owner with the Financing Estimate and Disclosure
required under Streets and Highways Code section
5898.17
as a printed paper copy unless the property owner opts out of receiving a
printed paper copy in writing by signing a printed paper document.
(3) If a program administrator obtains the
consent of the property owner to enter into the assessment contract
electronically, that consent shall be obtained in a manner that demonstrates
that the property owner can access the information in the electronic form that
will be used to provide the information that is the subject of the
consent.
(4) If a program
administrator obtains the consent of the property owner to receive a copy of
the signed assessment contract solely in an electronic format, this consent
shall be obtained by the program administrator in a written document separate
from the assessment contract and in a manner that demonstrates that the
property owner can access the information in the electronic form.
(5) A program administrator shall make a
printed paper copy of the assessment contract available to the property owner
upon request.
(6) Nothing in this
section restricts the ability of a program administrator to deliver documents
to a property owner in printed form or requires the electronic delivery of any
document.
(b) If a
program administrator provides the documents in subdivision (a) to a property
owner electronically, the program administrator shall comply with the
requirements of this subdivision unless the program administrator also provides
a printed copy of the documents to the property owner.
(1) The program administrator shall ask and
confirm with a property owner that the property owner has access to the
internet and agrees to accept the documents at an electronic mail address of
the property owner's choosing.
(2)
The program administrator shall confirm that the property owner's email address
was not established during the solicitation for PACE financing by asking the
property owner during the oral confirmation of key terms call under Streets and
Highways Code section
5913
to confirm the property owner's email address, when it was created, and the
person who created it. A program administrator that uses technology to detect
newly created email addresses may rely on this technology in lieu of the
confirmation required by this paragraph.
(3) The program administrator shall provide
the documents under subdivision (a) to a property owner electronically in a
manner that does not limit the time period that the property owner has to
access the electronic records, unless the program administrator notifies the
property owner of this limitation and provides the property owner a printed
copy of the documents.
(4) The
documents shall be in a format that allows a property owner to download, save,
and print on 8 1/2 x 11-inch paper.
(5) The program administrator shall advise
the property owner to print, read, and save a physical copy of the documents,
and to save an electronic copy of the documents.
(6) The program administrator shall advise
the property owner that the property owner may request a printed copy of the
documents and shall provide a property owner with the printed copy of the
documents upon request.
(7) The
program administrator shall retain evidence in its records that the documents
were received electronically by the property owner. The evidence may be
obtained during the oral confirmation of this information under paragraph
(e)(1) of this section or through another method determined by the program
administrator.
(c) If the
disclosure documents in paragraphs (a)(1) and (a)(2) are provided attached to
the assessment contract, the disclosure documents must be in front of the
contract but may be preceded by a cover letter or other introductory
information.
(d)
(1) The program administrator shall take
reasonable steps to ensure the signature belongs to the property
owner.
(2) If a signature is not
notarized, the program administrator shall confirm the signature of the
property owner through the process identified in subparagraph (A) of this
paragraph in addition to one or more of the processes identified in
subparagraphs (B) through (D) of this paragraph.
(A) Confirming the identity of the property
owner through photo or other unique identification presented by the property
owner or a two-step authentication process.
(B) Tracking IP geolocation
information.
(C) Sending a
confirming letter by postal mail.
(D) Confirming the identity of the property
owner and that the property owner will be the person signing the assessment
contract during the oral confirmation of key
terms.
(e) The
oral confirmation of key terms under Streets and Highways Code section
5913
shall be conducted in a manner intended to confirm the property owner
understands the information.
(1) For purposes
of confirming that at least one owner of the property has a copy of the
assessment contract documents required in subparagraph (a)(1)(A) of Streets and
Highways Code section
5913,
the program administrator shall confirm that the physical or electronic
documents have been delivered to the property owner, and if the documents are
delivered solely in electronic format, that the property owner has received the
documents and the property owner has successfully accessed the documents
through the property owner's own electronic device, before proceeding with the
remainder of the oral confirmation.
(2) If the program administrator determines
that PACE solicitor agent is providing the property owner with answers during
the oral confirmation, the program administrator shall advise the property
owner that the program administrator cannot confirm that the property owner
understands the terms unless the property owner can respond without the
assistance of the PACE solicitor agent.
(3) If the PACE solicitor agent is present
during the oral confirmation of key terms, the program administrator shall
confirm that the property owner consents to the PACE solicitor agent's
presence.
(4) A program
administrator may not proceed with the oral confirmation if the property owner
objects to the presence of the PACE solicitor agent and the PACE solicitor
agent remains present.
(f) For purposes of confirming that the
efficiency improvement being installed is being financed by a PACE assessment
as required by subparagraph (a)(2)(C) of Streets and Highways section
5913, the program administrator
shall confirm with the property owner that the scope of work subject to PACE
financing in the assessment contract is included in the scope of work in the
home improvement contract.
(g) A
program administrator shall provide in writing to every property owner who
enters into an assessment contract the Department of Financial Protection and
Innovation's consumer services toll-free number ((866) 275-2677), email address
([email protected]), and website (dfpi.ca.gov).
1. New
section filed 8-5-2021; operative 10-1-2021 (Register 2021, No. 32).
Transmission deadline specified in Government Code section
11346.4(b)
extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
60 calendar days pursuant to Executive Order N-71-20. Filing deadline specified
in Government Code section
11349.3(a)
extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
60 calendar days pursuant to Executive Order
N-71-20.
Note: Authority cited: Section
22150,
Financial Code. Reference: Sections
22001 and
22161,
Financial Code; and Sections
5898.16,
5898.17
and
5913,
Streets and Highways Code.
