Cal. Code Regs. Tit. 10, § 1620.02 - Definitions

The following definitions are applicable to the administration of a PACE program.

(a)

(1) "To solicit a property owner to enter into an assessment contract" includes, but is not limited to, assisting a property owner with completing the application for financing through a PACE assessment plus one or more of the following:

(A) Inviting a property owner to apply for a PACE assessment.

(B) Asking a property owner whether the property owner is interested in a PACE assessment.

(C) Discussing the terms of a PACE assessment with a property owner.

(D) Describing the characteristics of a PACE assessment to a property owner.

(2) "To solicit a property owner to enter into an assessment contract" does not include a trainee observing the process of PACE financing, provided the trainee does not actively participate in the solicitation or PACE financing process.

(b) "Administrative or clerical tasks" means the receipt, collection, and distribution of information common for the processing of an assessment contract, or an application for an assessment contract, under a PACE program, and includes communication with a property owner to obtain information necessary for the processing of an application for an assessment contract, or for an assessment contract, when performed by an individual under the supervision and direction of an enrolled PACE solicitor, an enrolled PACE solicitor agent, or a program administrator. "Administrative or clerical tasks" also means customer and back-end technical support on the electronic, web-based or database elements of PACE applications. "Administrative or clerical tasks" do not include the activities described in paragraph (a)(1) of this rule.

(c) "Obtained in connection with advertising or soliciting a PACE program" means information that is received in response to the marketing of an efficiency improvement where a PACE program is identified within the marketing of the improvement. A PACE program may be identified by the name of a program administrator, the name of a program, or a description of PACE financing.

(d) "Maintain a license in good standing" or "maintain a registration in good standing" means that a license or registration is active and not expired, suspended, revoked, surrendered, conditioned, or otherwise in a status that in any manner restricts the activity of a licensee or registrant under the authority of the license. The status of a license or registration on the CSLB website that a license or registration is active, without any notice that the license or registration is expired, suspended, revoked, surrendered, conditioned, or restricted, constitutes the maintenance of a license or registration in good standing.

(e) "Extinguishment of a PACE assessment" means the property owner's obligations under an assessment contract have been satisfied or canceled and no further amount related to the PACE assessment will appear on the property owner's property tax bill.

(f) A "PACE solicitor" includes a contractor under chapter 29.1 of part 3 of division 7 of the Streets and Highways Code (beginning with section 5900 ), if that contractor also meets the definition of "PACE solicitor" in Financial Code section 22017.

(g) A "PACE solicitor agent" includes a third party under chapter 29.1 of part 3 of division 7 of the Streets and Highways Code (beginning with section 5900 ), if the third party also meets the definition of "PACE solicitor agent" in Financial Code section 22017.

(h) For purposes of paragraph (c)(4) of Financial Code section 22017, a "person who advertises a PACE program" is a person primarily engaged in the business of advertising and not a home improvement contractor, a home improvement salesperson, or an individual when the home improvement contractor, home improvement salesperson, or other individual is directly offering a specific property owner the option of financing a home improvement contract through a PACE assessment by electronic mail, telephone, mail, or in person.

(i) "CSLB" means the Contractors State License Board.

(j) "Home improvement" has the same meaning as in Business and Professions Code section 7151.

(k) "Home improvement contract" has the same meaning as in Business and Professions Code section 7151.2.

(l) "Home improvement contractor" has the same meaning as in Business and Professions Code section 7150.1.

(m) "Home improvement salesperson" has the same meaning as in Business and Professions Code section 7152.

Notes

Cal. Code Regs. Tit. 10, § 1620.02

Note: Authority cited: Section 22150, Financial Code. Reference: Sections 7150.1, 7151, 7151.2 and 7152, Business and Professions Code; Sections 22017, 22018, 22157, 22680, 22686 and 22687, Financial Code; and Sections 5922, 5924 and 5925, Streets and Highways Code.

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.