Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) A
Participating Financial Institution may enroll all or any portion of a
Qualified Loan by submitting an EVCS Loan Enrollment Application which shall
include the following information:
(1) The
official business name of the Borrower, which includes the Borrower's legal
name and the name by which the Borrower does business, if any, and the business
address.
(2) The name and title of
the individual(s) responsible for signing for the Qualified Loan on behalf of
the Borrower.
(3) Brief description
of the Borrower's business and regular activities, either the SIC Code(s) or
the NAICS Code(s) applicable to such business, and the amount of its annual
revenues over the last three years.
(4) Brief summary of the intended use of the
proceeds of the Qualified Loan consistent with uses permitted as Eligible
Project Costs.
(5) Location(s) of
the project(s) to be installed.
(6)
Amount of the Qualified Loan being enrolled (and indication if less than the
full amount of the Qualified Loan is being enrolled) and the Participating
Financial Institution loan number.
(7) Type of the Qualified Loan (e.g.,
secured, unsecured, term loan).
(8)
Date of the Qualified Loan.
(9)
Interest rate applicable to the Qualified Loan.
(10) Term or maturity date of the Qualified
Loan.
(11) Whether the loan is for
the installation of EVCS in a Disadvantaged Community.
(12) Whether the loan is for the installation
of EVCS at a Multi-Unit Dwelling.
(13) Number of persons currently employed by
the Borrower, and number of jobs expected to be created and retained by the
Qualified Loan.
(14) The
Participating Financial Institution's certification that the loan is a
Qualified Loan, and that the business receiving the Qualified Loan is a
Qualified Business.
(15) The
Participating Financial Institution's certification that, upon request of the
Executive Director, the Participating Financial Institution will provide
information from the financial records of the Borrower, and that the
Participating Financial Institution has obtained the consent of the Borrower to
such disclosure.
(16) The
certification that the Participating Financial Institution has obtained a
written representation from the Borrower that the Borrower has no legal,
beneficial or equitable interest in the Contribution.
(17) The Participating Financial
Institution's certification that the total amount of loans enrolled by the
Borrower in the Program does not exceed $500,000.
(18) The Participating Financial
Institution's certification that the Borrower has secured or made application
for all applicable licenses or permits needed to install and operate the
EVCS.
(19) Acknowledgment that the
lending activities of the Participating Financial Institution are subject to
any applicable safety and soundness standards as set forth in applicable
lending regulations.
(20) The
Participating Financial Institution shall be authorized to base the information
requested by subsections (14) and (18) above upon representations made to it by
the Borrower; provided that no such Borrower representation may be relied upon
if it is known to be false by the lending officer(s) at the Participating
Financial Institution who are directly involved in the negotiation of the
Qualified Loan.
(21) Certification
from the Participating Financial Institution that it has not, and will not,
enroll the same loan or portion thereof in any other government program
substantially similar to the Program.
(22) The submittal of a completed Borrower's
Eligibility Criteria and Self-Certification form in which the Borrower
certifies to the following:
(A) That it
satisfies the definitions in Sections
8078.3(e),
8078.3(f),
8078.3(i), and
8078.3(j) of the
EVCS Financing Program Regulations;
(B) The EVCS installation is compliant with
Section 8078.3(c) or
8078.3(g) of the
EVCS Program Regulations, if applicable;
(C) The EVCS installation is located within
the boundaries of the State of California;
(D) The Borrower has legal control of the
EVCS installation site for a term that is equal to or greater than the length
of the enrolled loan, and assumes financial liability of the loan;
(E) The Borrower agrees to allow the
participating financial institution to provide information from financial
records of the Borrower upon request of the Executive Director of
CPCFA;
(F) The Borrower has no
legal, beneficial, or equitable interest in the Contribution;
(G) If the EVCS installation financed through
this Program is a part of a larger construction project carried out by the
Borrower, the enrolled amount of the loan in this Program is the portion of
costs of the total project as reasonably allocated to the installation and
operation of the EVCS, as documented by the master contractor and/or installer
of the EVCS;
(H) The Borrower has
secured or made application for all applicable licenses or permits needed to
install and operate the EVCS to be procured with the Qualified Loan;
(I) The Borrower agrees to allow California
Energy Commission staff or its designee to inspect the EVCS and EVCS
installation site;
(J) The Borrower
acknowledges awareness of potential regulations from the California Department
of Food and Agriculture, Division of Measurement Standards, governing the
retail sale of electricity from EVCS. Once effective, installed EVCS may be
required to adhere to adopted regulation requirements; and
(K) The Borrower is aware of the Borrower
Rebate if it complies with Section
8078.7 of the EVCS Financing
Regulations.
(23)
Certification from the Participating Financial Institution that it has provided
the Borrower CPCFA's Privacy Notice for the EVCS Financing Program, which
provides the notice required under the California Information Practices Act
(CIPA) (Civil Code section
1798.17). The
Privacy Notice for the EVCS Financing Program informs the Borrower that
personal information protected by the CIPA may be disclosed under the following
circumstances:
(A) To consultants, auditors
or contractors retained by the CPCFA where disclosure is required to fulfill
CalCAP program requirements and subject to a nondisclosure agreement;
(B) To another governmental entity where
required by state or federal law; or
(C) As otherwise required by law.
Information related to this loan not including personally
identifying information may be disclosed to the California Energy Commission
for statistical reporting.
(b) Upon enrollment of a Qualified Loan,
CPCFA shall direct the Trustee to transfer a Contribution for deposit in the
Participating Financial Institution's established Loan Loss Reserve Account,
and the Trustee shall notify the Participating Financial Institution of the
transfer.
(c) The Contribution for
each Qualified Loan shall be calculated as follows:
(1) All Qualified Loans shall receive a
Contribution in the amount of 20 percent of the enrolled loan amount.
(2) All Qualified Loans that support
installation of Electric Vehicle Charging Stations in Disadvantaged Communities
or in a Multi-Unit Dwelling shall receive an additional Contribution in the
amount of 10 percent of the enrolled loan amount (total Contribution of 30
percent).
(d) Without
regard to the terms of the loan, the term of enrollment in the Program shall
not exceed forty-eight (48) months from the date of first disbursement of the
Qualified Loan.
1. New section
filed 3-30-2015 as an emergency; operative 3-30-2015 (Register 2015, No. 14). A
Certificate of Compliance must be transmitted to OAL by 9-28-2015 or emergency
language will be repealed by operation of law on the following
day.
2. Certificate of Compliance as to 3-30-2015 order, including
amendment of subsection (a)(20), transmitted to OAL 9-21-2015 and filed
11-2-2015; amendments operative 11-2-2015 pursuant to Government Code section
11343.4(b)(3)
(Register 2015, No. 45).
3. Amendment of subsections (a)(1) and
(a)(22)(F) and amendment of NOTE filed 8-7-2017 as an emergency; operative
8-7-2017 pursuant to Health and Safety Code section
44520(b)
(Register 2017, No. 32). A Certificate of Compliance must be transmitted to OAL
by 2-5-2018 or emergency language will be repealed by operation of law on the
following day, pursuant to Health and Safety Code section
44520(b).
4.
Certificate of Compliance as to 8-7-2017 order transmitted to OAL 1-31-2018 and
filed 3-15-2018 (Register 2018, No. 11).
Note: Authority cited: Sections
44520,
44559.5(f)
and
44559.11(b),
Health and Safety Code. Reference: Sections
44559.2,
44559.4
and
44559.11,
Health and Safety Code; and Section
1798.17, Civil
Code.
