(b) The
written enrollment process must include, at a minimum, the following
requirements:
(1) Provisions requiring an
enrolled PACE solicitor to maintain in good standing any license or
registration from the Contractors' State License Board required by
law.
(2) Provisions requiring an
enrolled PACE solicitor to comply with the laws regarding PACE programs
applicable to the activities of PACE solicitors, including but not limited to
those set forth in division 7 of the Streets and Highways Code, division 16 of
the Public Resources Code, and division 9 of the Financial Code.
(3) Provisions that restrict enrollment to
PACE solicitors that agree to comply with the following requirements:
(A)
1. An
enrolled PACE solicitor may only solicit a property owner to enter into an
assessment contract arranged by the program administrator to finance efficiency
improvements that are approved under the PACE program administered by the
program administrator.
2. This
subparagraph shall not restrict the ability of a PACE solicitor to offer other
home improvements or to arrange financing for a property owner through other
means, including the PACE programs of other licensed program administrators
with whom the PACE solicitor is enrolled.
3. A PACE solicitor shall notify the program
administrator if a property owner is considering PACE programs of other
licensed program administrators so the program administrator may ensure
multiple assessment contracts are not recorded for the same efficiency
improvements.
(B) A PACE
solicitor must deliver a copy of the assessment contract and the disclosures
required by Streets and Highways Code section
5898.16
or
5898.17
to a property owner, if under the arrangement with the program administrator,
the PACE solicitor agrees to deliver these documents. This provision shall not
relieve a program administrator from any obligation to ensure a property owner
receives the PACE disclosures required by law.
(C)
1. The
PACE solicitor will not begin work on a home improvement contract financed by
an assessment contract if the conditions of subdivision (a) of Streets and
Highways Code section
5940
are met, unless the property owner waives his or her right to cancel on the
home improvement contract as provided under subdivision (e) of that
section.
2. The PACE solicitor will
not execute a home improvement contract nor begin work under a home improvement
contract that is financed by an assessment contract unless the criteria set
forth in Financial Code section
22684 are
satisfied.
(D) The PACE
solicitor will be responsible for the actions of a PACE solicitor agent when
the agent is acting on behalf of the PACE solicitor. This provision does not
affect any responsibility a program administrator may otherwise have for the
acts of a PACE solicitor or a PACE solicitor agent.
(E) The PACE solicitor will require each PACE
solicitor agent employed or retained by the PACE solicitor to undertake the
training and testing required by Financial Code section
22681.
(F) The PACE solicitor will notify the
program administrator of property owner inquiries and complaints regarding the
assessment contract and the home improvement contract that are unresolved to
the property owner's satisfaction for a month or more.
(G) The PACE solicitor will not make any
statement or representation in regard to a PACE program that the PACE solicitor
knows, or reasonably should have known, to be false, misleading, or deceptive,
or that omits material information that is necessary to make any statement made
not false, misleading or deceptive.
(H) The PACE solicitor will only advertise a
PACE program in accordance with the program administrator's procedures to
prevent deceptive advertising and will maintain advertising of PACE financing
as required by the program administrator to conduct a periodic compliance
review.
(I) The PACE solicitor will
notify the program administrator if the PACE solicitor knows that the property
owner has sought, authorized, or obtained any other PACE assessment on the
property.
(J) A PACE solicitor will
maintain a process for responding to complaints about PACE financing that
includes any requirements developed by the program administrator to expedite
resolution of the complaints and to review complaint resolutions as a component
of the periodic review of the PACE solicitor.