Cal. Code Regs. Tit. 10, § 1620.06 - Assessment Contracts and Disclosures

(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 (Ask.DFPI@dfpi.ca.gov), and website (dfpi.ca.gov).

Notes

Cal. Code Regs. Tit. 10, § 1620.06

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.

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.