Section § 22680

Explanation

This law section mandates that anyone wanting to work as a PACE (Property Assessed Clean Energy) solicitor must first get enrolled through a program administrator. The administrator must have an acceptable procedure for enrolling both PACE solicitors and their agents, involving written agreements and background checks. They must ensure applicants hold appropriate licenses or registrations unless exempt.

The law also specifies that administrators cannot enroll PACE solicitors with patterns of consumer complaints, dishonesty, or non-compliance with the law. Continuous monitoring and evaluation of PACE solicitors is necessary to ensure legal compliance, and there's a system for cancelling those who don't meet standards or break the rules.

(a)CA Financial Code § 22680(a) A person shall not engage in the business of a PACE solicitor unless that person is enrolled with a program administrator pursuant to the requirements of this section.
(b)CA Financial Code § 22680(b) A program administrator shall establish and maintain a process for enrolling PACE solicitors that is acceptable to the commissioner. That process shall include both of the following:
(1)CA Financial Code § 22680(b)(1) A written agreement between the program administrator and the PACE solicitor that shall set forth the obligations of the PACE solicitor and its PACE solicitor agents.
(2)CA Financial Code § 22680(b)(2) A review of readily and publicly available information regarding each PACE solicitor.
(c)CA Financial Code § 22680(c) A program administrator shall establish and maintain a process for enrolling PACE solicitor agents that is acceptable to the commissioner. That process shall include a background check of each PACE solicitor agent. A program administrator may rely on a background check conducted by the Contractors’ State License Board to comply with this requirement.
(d)CA Financial Code § 22680(d) A program administrator shall not enroll a PACE solicitor or a PACE solicitor agent that does not satisfy at least one of the following criteria:
(1)CA Financial Code § 22680(d)(1) Maintain in good standing a license from the Contractors’ State License Board.
(2)CA Financial Code § 22680(d)(2) Maintain a registration in good standing with the Contractors’ State License Board as a home improvement salesperson.
(3)CA Financial Code § 22680(d)(3) Be exempt from, or not subject to, licensure or registration under the Contractors’ State License Law (Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code).
(e)CA Financial Code § 22680(e) A program administrator shall not enroll a PACE solicitor if, as a result of the review conducted as part of the program administrator’s enrollment process, the program administrator finds any of the following:
(1)CA Financial Code § 22680(e)(1) A clear pattern of consumer complaints about the PACE solicitor regarding dishonesty, misrepresentations, or omissions.
(2)CA Financial Code § 22680(e)(2) A high likelihood that the PACE solicitor will solicit assessment contracts in a manner that does not comply with applicable law.
(3)CA Financial Code § 22680(e)(3) A clear pattern on the part of the PACE solicitor of failing to timely receive and respond to property owner complaints regarding the PACE solicitor.
(f)CA Financial Code § 22680(f) A program administrator shall establish and maintain a process to promote and evaluate the compliance of PACE solicitors and PACE solicitor agents with the requirements of applicable law that is acceptable to the commissioner. That process shall include all of the following, at a minimum:
(1)CA Financial Code § 22680(f)(1) A risk-based, commercially reasonable procedure to monitor and test the compliance of PACE solicitors and PACE solicitor agents with the requirements of subdivision (a) of Section 22689.
(2)CA Financial Code § 22680(f)(2) A procedure to regularly monitor the license or registration status of PACE solicitors and PACE solicitor agents.
(3)CA Financial Code § 22680(f)(3) A periodic review of the solicitation activities of PACE solicitors enrolled with the program administrator, to be conducted at least once every two years.
(g)CA Financial Code § 22680(g) A program administrator shall establish and implement a process, which is acceptable to the commissioner, for canceling the enrollment of PACE solicitors and PACE solicitor agents who fail to maintain the minimum qualifications required by this section, or who violate any provision of this division.

Section § 22681

Explanation

This law requires program administrators to create a training program for PACE solicitor agents that is approved by the commissioner. New PACE agents must complete an introductory training that covers specific topics and pass a test. This training has no set time requirements. Within three months of starting, agents must complete an additional six hours of education covering PACE programs and contracts, disclosures, ethics, fraud prevention, consumer protection, nondiscrimination, and senior financial abuse.

(a)CA Financial Code § 22681(a) A program administrator shall establish and maintain a training program for PACE solicitor agents that is acceptable to the commissioner.
(b)CA Financial Code § 22681(b) A program administrator shall require each PACE solicitor agent to complete an introductory training that addresses the topics listed in subdivision (c) as part of the program administrator’s enrollment process for PACE solicitor agents. The introductory training shall require that the PACE solicitor agent pass a test that measures the PACE solicitor agent’s knowledge and comprehension of the training material. The introductory training shall not be subject to any minimum duration requirements.
(c)CA Financial Code § 22681(c) In addition to the introductory training, a program administrator shall require that each PACE solicitor agent complete six hours of education provided by the program administrator within three months of completing the program administrator’s enrollment process. The training shall include the following topics:
(1)CA Financial Code § 22681(c)(1) PACE programs and assessment contracts.
(2)CA Financial Code § 22681(c)(2) PACE disclosures.
(3)CA Financial Code § 22681(c)(3) Ethics.
(4)CA Financial Code § 22681(c)(4) Fraud prevention.
(5)CA Financial Code § 22681(c)(5) Consumer protection.
(6)CA Financial Code § 22681(c)(6) Nondiscrimination.
(7)CA Financial Code § 22681(c)(7) Senior financial abuse.

Section § 22682

Explanation

Program administrators are required to inform the commissioner about every PACE solicitor and their agents that they enroll. They must also notify the commissioner if any solicitor or agent cancels or withdraws from enrollment, following the specific rules laid out by the commissioner.

(a)CA Financial Code § 22682(a) A program administrator shall, in the manner prescribed by the commissioner, timely notify the commissioner of each PACE solicitor and PACE solicitor agent enrolled by the program administrator.
(b)CA Financial Code § 22682(b) A program administrator shall, in the manner prescribed by the commissioner, timely notify the commissioner of each enrollment cancellation and withdrawal of a PACE solicitor or a PACE solicitor agent pursuant to subdivision (g) of Section 22680.

Section § 22683

Explanation

This law requires a program administrator to create and put into action a plan for quickly handling questions and complaints.

A program administrator shall develop and implement policies and procedures for responding to questions and addressing complaints as soon as reasonably practicable.

Section § 22684

Explanation

This law lists the requirements that must be met before executing an assessment contract for a home improvement project financed through a Property Assessed Clean Energy (PACE) program. Key points include: property taxes must be current, no significant unpaid liens, no recent defaults or bankruptcy within the past four years (with some exceptions), current status on mortgage payments, and compliance with PACE program eligibility. The contract's financing must not exceed specific property value percentages. The property's market value should be established, and no penalties for early repayment should exist. Verification of all these criteria should be done using reasonable methods.

A program administrator shall not execute an assessment contract, and no work shall commence under a home improvement contract that is financed by that assessment contract nor shall that home improvement contract be executed unless the following criteria are satisfied:
(a)CA Financial Code § 22684(a) All property taxes for the property that will be subject to the assessment contract are current. The program administrator shall ask a property owner whether there has been no more than one late payment of property taxes on the property for the previous three years or since the current owner acquired the property, whichever period is shorter.
(b)CA Financial Code § 22684(b) The property that will be subject to the assessment contract has no recorded and outstanding involuntary liens in excess of one thousand dollars ($1,000).
(c)CA Financial Code § 22684(c) The property that will be subject to the assessment contract has no notices of default currently recorded that have not been rescinded.
(d)CA Financial Code § 22684(d) The property owner has not been a party to any bankruptcy proceedings within the last four years, except that the property owner may have been party to a bankruptcy proceeding that was discharged or dismissed between two and four years before the application date and the property owner has had no payments more than 30 days past due on any mortgage debt or nonmortgage debt, excluding medical debt, during the 12 months immediately preceding the application date.
(e)CA Financial Code § 22684(e) The property owner is current on all mortgage debt on the subject property and has no more than one late payment during the six months immediately preceding the application date and if the late payment did not exceed 30 days past due.
(f)CA Financial Code § 22684(f) The property that will be subject to the assessment contract is within the geographical boundaries of the applicable PACE program.
(g)CA Financial Code § 22684(g) The measures to be installed pursuant to the assessment contract are eligible under the terms of the applicable PACE program.
(h)CA Financial Code § 22684(h) The financing is for less than 15 percent of the value of the property, up to the first seven hundred thousand dollars ($700,000) inclusive of the existing assessments, and is for less than 10 percent of the remaining value of the property above seven hundred thousand dollars ($700,000).
(i)CA Financial Code § 22684(i) The total PACE assessments and the mortgage-related debt on the property subject to the PACE assessment will not exceed 97 percent of the market value of the property as established by the valuation required by Section 22685.
(j)CA Financial Code § 22684(j) The term of the assessment contract shall not exceed the estimated useful life of the measure to which the greatest portion of funds disbursed under the assessment contract is attributable. The program administrator shall determine useful life for purposes of this subdivision based upon credible third-party standards or certification criteria that have been established by appropriate government agencies or nationally recognized standards and testing organizations.
(k)CA Financial Code § 22684(k) The program administrator shall verify the existence of recorded PACE assessments and shall ask if the property owner has authorized additional PACE assessments on the same subject property that have not yet been recorded. The failure of a property owner to comply with this subdivision shall not invalidate an assessment contract or any obligations thereunder, notwithstanding if the combined amount of the PACE assessments exceed the criteria set forth in subdivision (h) or (i). The existence of a prior PACE assessment or a prior assessment contract shall not constitute evidence that the assessment contract under consideration is affordable or meets any other program requirements.
(l)CA Financial Code § 22684(l) The assessment contract does not contain a penalty for early repayment of an amount owed under the contract.
(m)CA Financial Code § 22684(m) The property that will be subject to the assessment contract is not subject to a reverse mortgage, as defined in Section 1923 of the Civil Code.
(n)CA Financial Code § 22684(n) The program administrator shall use commercially reasonable and available methods to verify the above.

Section § 22685

Explanation

This law section describes how a program administrator should determine the market value of a property. They can either use automated valuation models (AVMs) or an appraisal.

If using AVMs, the models must be from third-party vendors, provide confidence scores, and be regularly calibrated. The administrator should use at least three models and choose the value with the highest confidence score or average them if unmatched confidence scores exist.

If opting for an appraisal, it must be conducted by a state-licensed appraiser and done within six months of the application, potentially including appraisals from property owners under certain conditions.

The determined market value must be disclosed to the property owner before they sign the assessment contract.

(a)CA Financial Code § 22685(a) A program administrator shall derive market value using one of the following:
(1)CA Financial Code § 22685(a)(1) Automated valuation models, using the following criteria:
(A)CA Financial Code § 22685(a)(1)(A) Each automated valuation model must be provided by a third-party vendor.
(B)CA Financial Code § 22685(a)(1)(B) Each automated valuation model must have estimation models with confidence scores and regular statistical calibration by the third-party vendor.
(C)CA Financial Code § 22685(a)(1)(C) The program administrator shall utilize at least three automated valuation models for each property. The estimated value for each model shall be the average between the high and low values, if a range is provided.
(D)CA Financial Code § 22685(a)(1)(D) The program administrator shall utilize the estimated value with the highest confidence score for a property. If an automated valuation model meeting the criteria of subparagraphs (A), (B), and (C) does not obtain a confidence score for a subject property, the PACE program shall utilize the average of all estimated values.
(2)CA Financial Code § 22685(a)(2) An appraisal conducted within six months of the application date by a state-licensed or state-certified real estate appraiser licensed pursuant to Part 3 (commencing with Section 11300) of Division 4 of the Business and Professions Code. A program administrator may rely upon an appraisal obtained from a property owner if that appraisal was conducted in accordance with applicable laws and regulations by a state-licensed or state-certified appraiser in connection with a consumer credit transaction secured by the subject property, including the purchase or refinance of the subject property or the extension of an equity line of credit secured by the subject property.
(b)CA Financial Code § 22685(b) The market value determination by the program administrator shall be disclosed to the property owner prior to signing the assessment contract.

Section § 22686

Explanation

If you're handling a loan agreement for home improvements covered by a PACE assessment, you can't start work or sign that contract until you confirm the homeowner can reasonably afford the yearly payments.

A program administrator shall not execute an assessment contract, and no work shall commence under a home improvement contract that is financed by that assessment contract nor shall that home improvement contract be executed unless the program administrator makes a reasonable good faith determination that the property owner has a reasonable ability to pay the annual payment obligations for the PACE assessment.

Section § 22687

Explanation

This law outlines requirements for verifying a property owner's ability to pay under a PACE assessment contract, which funds home improvements. Before signing any contract, administrators must evaluate the property owner's income, assets, debts, and monthly expenses to determine if they can afford the PACE payments. They must gather reliable third-party documentation to verify income and debts, but property equity can't be counted. Special rules apply for emergency improvements, like heating or cooling systems, including specific verification and funding limits. Administrators are responsible if there's a mismatch between what an owner can pay and what's financed, unless the owner misrepresents their finances.

(a)CA Financial Code § 22687(a) A program administrator shall determine before executing an assessment contract, and no work shall commence under a home improvement contract that is financed by that assessment contract nor shall that home improvement contract be executed until this determination is made, that the property owner has a reasonable ability to pay the annual payment obligations for the PACE assessment based on the property owner’s income, assets, and current debt obligations. The determination process shall be based on the following factors:
(1)CA Financial Code § 22687(a)(1) The property owner shall submit on their application their monthly income and their monthly housing expenses.
(2)CA Financial Code § 22687(a)(2) Housing expenses shall include all mortgage principal and interest payments, insurance, property taxes, mortgage guaranty insurance, and other preexisting fees and assessments on the property.
(3)CA Financial Code § 22687(a)(3) Household income shall include the income of the mortgagor on the subject property and may include the income of any persons 18 years of age or older who are on title to the property. In complying with this paragraph, the program administrator shall do both of the following:
(A)CA Financial Code § 22687(a)(3)(A) The program administrator may also utilize the income of a property owner’s legal spouse through marriage, as defined by Division 3 (commencing with Section 300) of the Family Code, or domestic partnership, as defined by Division 2.5 (commencing with Section 297) of the Family Code, who is not on title to the property. Any spouse or domestic partner who is not on title to the property shall consent, in writing, to the inclusion of his or her income and to the verification of his or income as required pursuant to this section.
(B)CA Financial Code § 22687(a)(3)(B) For any person whose income is considered, the program administrator shall also consider their debt obligations pursuant to this section. The program administrator is not required to consider more income than is necessary, nor to verify assets if verified income is sufficient to determine the ability of the property owner to pay the annual payment obligations.
(4)CA Financial Code § 22687(a)(4) Debt obligations in accordance with subdivision (c).
(5)CA Financial Code § 22687(a)(5) In evaluating the income, assets, and current debt obligations of the property owner, the program administrator shall not consider the equity of the property that will secure the assessment contract.
(6)CA Financial Code § 22687(a)(6) Pursuant to Section 5913 of the Streets and Highways Code, the program administrator shall ask the homeowner open-ended questions during the oral confirmation of key terms call, to confirm the income provided on the application and to identify the sources of their income.
(b)Copy CA Financial Code § 22687(b)
(1)Copy CA Financial Code § 22687(b)(1) The program administrator shall determine and consider the current or reasonably expected income or assets of the property owner that the program administrator relies on in order to determine a property owner’s ability to pay the PACE assessment annual payment obligations using reasonably reliable third-party records of the property owner’s income or assets. The program administrator may use automated verification provided the source of that verification is specific to the income of the property owner and not based on predictive or estimation methodologies, and has been determined sufficient for those verification purposes by a federal mortgage lending authority or regulator. Examples of records the program administrator may use to verify the property owner’s income or assets include:
(A)CA Financial Code § 22687(b)(1)(A) A pay stub showing the most recent 30-day pay period or financial institution records showing regular deposits consistent with reported income for the most recent 60 days.
(B)CA Financial Code § 22687(b)(1)(B) Copies of the most recent tax returns the property owner filed with the Internal Revenue Service or the Franchise Tax Board.
(C)CA Financial Code § 22687(b)(1)(C) Copies of the most recent Internal Revenue Service Form W-2 (Wage and Tax Statement), or other similar Internal Revenue Service forms that are used for reporting wages or tax withholding.
(D)CA Financial Code § 22687(b)(1)(D) Payroll statements, including the Department of Defense Leave and Earnings Statement (LES).
(E)CA Financial Code § 22687(b)(1)(E) Financial institution records, such as bank statements or investment account statements reflecting the value of particular assets.
(F)CA Financial Code § 22687(b)(1)(F) Records from the property owner’s employer or a third party that obtained income information from the employer.
(G)CA Financial Code § 22687(b)(1)(G) Records from a federal, state, or local government agency stating the property owner’s income from benefits or entitlements. Income from benefits paid by a government entity shall not include any benefits for which the recipient must satisfy a means test or any cash equivalent nonmonetary benefits, such as food stamps.
(2)CA Financial Code § 22687(b)(2) Income may not be derived from any of the following:
(A)CA Financial Code § 22687(b)(2)(A) Temporary sources of income.
(B)CA Financial Code § 22687(b)(2)(B) Nonliquid assets.
(C)CA Financial Code § 22687(b)(2)(C) Proceeds derived from the equity from the subject property.
(c)CA Financial Code § 22687(c) A program administrator shall consider the monthly debt obligations of the property owner to determine a property owner’s ability to pay the annual payment PACE assessment obligations using reasonably reliable third-party records, including one or more consumer credit reports from agencies that meet the requirements of Section 1681a(p) of Title 15 of the United States Code. Program administrators shall use at least a two-file Merged Credit Report (MCR) or a Residential Mortgage Credit Report (RMCR). For purposes of this subdivision, monthly debt obligations include, but are not limited to, the following:
(1)CA Financial Code § 22687(c)(1) All secured and unsecured debt.
(2)CA Financial Code § 22687(c)(2) Alimony.
(3)CA Financial Code § 22687(c)(3) Child support.
(4)CA Financial Code § 22687(c)(4) Monthly housing expenses. If property tax and insurance obligations are not included in a property owner’s escrow, a program administrator shall use reasonably reliable methods to determine these obligations.
(d)CA Financial Code § 22687(d) In calculating the ability of the property owner to pay the annual payment obligations, the program administrator shall determine that the property owner’s income is sufficient to meet:
(1)CA Financial Code § 22687(d)(1) The PACE payment, including all interest and fees.
(2)CA Financial Code § 22687(d)(2) Any mortgage payments, as defined by the higher of the borrower’s self-reported housing payment or housing expenses determined in accordance with paragraphs (1) and (2) of subdivision (a).
(3)CA Financial Code § 22687(d)(3) All existing debts and obligations as identified in subdivision (c).
(4)CA Financial Code § 22687(d)(4) Sufficient residual income to meet basic household living expenses, defined as expected expenses which may be variable based on circumstances and consumption patterns of the household. A program administrator may make reasonable estimation of basic living expenses based on the number of persons in the household. Examples of basic living expenses include, but are not limited to, the following:
(A)CA Financial Code § 22687(d)(4)(A) Food and other necessary household consumables.
(B)CA Financial Code § 22687(d)(4)(B) Transportation costs to work or school, including fuel costs, auto insurance and maintenance costs, and public transit costs.
(C)CA Financial Code § 22687(d)(4)(C) Utilities expenses for telecommunication, water, sewage, electricity, and gas.
(e)CA Financial Code § 22687(e) In the case of emergency or immediate necessity, the requirements of paragraph (1) of subdivision (b) may be waived, in accordance with the requirements of Section 5940 of the Streets and Highways Code, for the funding and recordation of a PACE assessment to finance a heating, ventilation, and air conditioning (HVAC) system, boiler, or other system whose primary function is temperature regulation in a home if all of the following are met:
(1)CA Financial Code § 22687(e)(1) The program administrator first attempted to use an automated means of verification as described in paragraph (1) of subdivision (b).
(2)CA Financial Code § 22687(e)(2) If the program administrator was unable to verify the property owner’s income pursuant to paragraph (1) of subdivision (b), pursuant to Section 5913 of the Streets and Highways Code, the program administrator shall ask the property owner open-ended questions during the oral confirmation of key terms call to identify their income and the sources of their income. The program administrator shall comply with the requirements of subdivision (a), paragraph (2) of subdivision (b), and subdivisions (c) and (d).
(3)CA Financial Code § 22687(e)(3) The funding is limited to the emergency or immediate necessity improvement and any required improvements directly necessary to the installation and safe operation of the improvement.
(4)CA Financial Code § 22687(e)(4) Any efficiency improvement funded is eligible for PACE financing.
(5)CA Financial Code § 22687(e)(5) The property owner executes a waiver of their right to cancel pursuant to subdivision (d) of Section 5940 of the Streets and Highways Code, and confirms, pursuant to Section 5913 of the Streets and Highways Code, the emergency or immediate necessity of the improvement.
(6)CA Financial Code § 22687(e)(6) The amount of the assessment contract does not exceed fifteen thousand dollars ($15,000) or a monthly equivalent payment on the PACE assessment of one hundred twenty-five dollars ($125), as adjusted by any annual increase in the California Consumer Price Index as determined pursuant to Section 2212 of the Revenue and Taxation Code, whichever is greater.
(f)CA Financial Code § 22687(f) The program administrator shall report annually all PACE assessments that were funded and recorded pursuant to subdivision (e) in a form acceptable to the commissioner. The commissioner shall include this information in the annual composite report prepared in accordance with Section 22160.
(g)Copy CA Financial Code § 22687(g)
(1)Copy CA Financial Code § 22687(g)(1) If there is a difference between the determination of the property owner’s ability to pay the annual PACE obligations and the actual amount financed for the property owner, and the property owner is obligated on the underlying home improvement contract, the program administrator shall be responsible for that difference. This subdivision does not apply in a case of intentional misrepresentation by the property owner. If the program administrator is responsible to pay the difference under this subdivision, the program administrator shall provide to the property owner a written disclosure of the methodology that the program administrator used to determine whether that there was a difference between the property owner’s ability to pay the annual PACE obligation and the actual amount financed for the property owner for purposes of this subdivision.
(2)CA Financial Code § 22687(g)(2) This subdivision only applies to an assessment contract that was executed between April 1, 2018, and January 1, 2019.

Section § 22688

Explanation

This law states that a program administrator must follow all the rules in the California Financial Information Privacy Act that apply to financial institutions.

A program administrator shall be subject to all provisions of the California Financial Information Privacy Act (Division 1.4 (commencing with Section 4050)) that are applicable to financial institutions.

Section § 22689

Explanation

This law section makes it clear that a program administrator cannot allow a PACE solicitor to get property owners to sign assessment contracts without following specific rules. It makes sure that PACE solicitors comply with all legal requirements, and the terms of the contracts must be fully disclosed.

Also, the program administrator is responsible for any legal violations done by the PACE solicitor. If either the program administrator or the PACE solicitor breaks these rules, it's considered a breach of this law.

(a)CA Financial Code § 22689(a) A program administrator shall not permit a PACE solicitor to do any of the following:
(1)CA Financial Code § 22689(a)(1) Solicit a property owner to enter into an assessment contract with a program administrator, unless the PACE solicitor and the program administrator comply with the requirements of this chapter and any rules adopted by the commissioner.
(2)CA Financial Code § 22689(a)(2) Engage in any act in violation of Section 5898.16 or 5898.17 of the Streets and Highways Code or Chapter 29.1 (commencing with Section 5900) of Part 3 of Division 7 of the Streets and Highways Code, including offering an assessment contract with terms, conditions, or disclosures that are not in compliance with applicable laws or that omits terms, conditions, or disclosures required by applicable law, excepting the reporting requirements of Section 5954 of the Streets and Highways Code.
(b)CA Financial Code § 22689(b) A program administrator shall be subject to the enforcement authority of the commissioner for any violations of this division, to the extent those violations have been committed by the program administrator or by a PACE solicitor authorized by that program administrator, in connection with activity related to that program administrator.
(c)CA Financial Code § 22689(c) A violation of any provision of Section 5898.16 or 5898.17 of the Streets and Highways Code or of any provision of Chapter 29.1 (commencing with Section 5900) of Part 3 of Division 7 of the Streets and Highways Code by a program administrator, excepting the reporting requirements of Section 5954 of the Streets and Highways Code, or by a PACE solicitor authorized by that program administrator in connection with activity related to that program administrator, shall be a violation of this division.

Section § 22690

Explanation

This section outlines the process for inspecting, examining, or investigating program administrators and PACE solicitors who are involved in property assessment contracts. If there's a suspicion of rule violations, the commissioner can review relevant documents and interview witnesses.

Program administrators and PACE solicitors have the chance to respond to any findings and show they've taken corrective action. If violations continue, the commissioner can take further action like halting operations or demanding they stop their activities. Orders can be issued against violators to cease harmful activities or to prevent further violations. If solicitors don't request a hearing within the set timeframes, orders become final. Public orders can be issued for transparency.

The commissioner has flexibility in enforcement yet must follow specific steps, ensuring due process and fair treatment.

(a)CA Financial Code § 22690(a) A program administrator is subject to an inspection, examination, or investigation in accordance with Section 22701.
(b)CA Financial Code § 22690(b) If, in the course of an inspection, examination, or investigation of a program administrator, the commissioner has cause to believe that the program administrator, the PACE solicitor, or the PACE solicitor agent may have committed a violation of this division or any rule or order thereunder, or the commissioner seeks to obtain or provide information necessary to the commissioner in the administration of the division, with respect to a matter related to a PACE solicitor or PACE solicitor agent, and either this information is not available directly from the program administrator or the commissioner seeks to validate the information obtained from the program administrator, the commissioner may do the following:
(1)CA Financial Code § 22690(b)(1) Inspect, examine, or investigate any and all documents, records, files, and communications of the PACE solicitor or PACE solicitor agent that are relevant to the violation or the matter. For purposes of the inspection, examination, or investigation, the commissioner and their representatives shall have access to the records of the PACE solicitor or PACE solicitor agent related to assessment contracts associated with the violation or matter.
(2)CA Financial Code § 22690(b)(2) Require the attendance of witnesses and examine under oath all persons whose testimony is required relative to the violation or matter.
(c)CA Financial Code § 22690(c) If, upon inspection, examination, or investigation, the commissioner has cause to believe that a PACE solicitor or PACE solicitor agent is violating or has violated any provision of this division or any rule or order thereunder, the commissioner or their designee shall exhaust the procedure set forth in paragraph (1) before bringing any action authorized under paragraph (2).
(1)Copy CA Financial Code § 22690(c)(1)
(A)Copy CA Financial Code § 22690(c)(1)(A) The commissioner shall issue a report to the program administrator, the PACE solicitor, and, if applicable, the PACE solicitor agent, documenting the commissioner’s findings and, if applicable, requesting corrective action or a cessation of any violation of this division or any rule or order thereunder.
(B)CA Financial Code § 22690(c)(1)(A)(B) The program administrator, PACE solicitor, and, if applicable, PACE solicitor agent, or any combination thereof, shall have the opportunity to provide a written answer to the report submitted pursuant to subparagraph (A) within a reasonable period and shall document in its written answer any voluntary corrective action or other actions taken or planned to address the commissioner’s request. The commissioner shall shorten the period of time to provide a written answer to no greater than five business days if the commissioner has reasonable grounds to believe that a person is conducting business as a PACE solicitor or PACE solicitor agent, or both, in an unsafe or injurious manner.
(C)CA Financial Code § 22690(c)(1)(A)(C) If following the process outlined in subparagraphs (A) and (B), the commissioner believes further action is necessary or appropriate, the commissioner may do any of the following, in any combination:
(i)CA Financial Code § 22690(c)(1)(A)(C)(i) Demand a corrective action by the program administrator, PACE solicitor, PACE solicitor agent, or any combination thereof.
(ii)CA Financial Code § 22690(c)(1)(A)(C)(ii) Demand the program administrator, PACE solicitor, PACE solicitor agent, or any combination thereof, stop violating the division, rule, or order.
(iii)CA Financial Code § 22690(c)(1)(A)(C)(iii) Demand the PACE solicitor or PACE solicitor agent, or both, discontinue engaging in the business of soliciting property owners to enter into assessment contracts related to any or all program administrators, or demand the program administrator deauthorize the PACE solicitor or PACE solicitor agent, or both, for a defined period not exceeding 12 months, or indefinitely.
(2)Copy CA Financial Code § 22690(c)(2)
(A)Copy CA Financial Code § 22690(c)(2)(A) The commissioner may, upon exhaustion of the procedure in paragraph (1), bring an order against a PACE solicitor, PACE solicitor agent, or both, as provided in this paragraph. However, the commissioner shall, upon exhaustion of the procedure in paragraph (1), bring an order against a PACE solicitor, PACE solicitor agent, or both, as provided in this paragraph, following either of the following:
(i)CA Financial Code § 22690(c)(2)(A)(i) The issuance of a demand pursuant to clause (iii) of subparagraph (C) of paragraph (1).
(ii)CA Financial Code § 22690(c)(2)(A)(ii) The issuance of a demand pursuant to clause (i) or (ii) of subparagraph (C) of paragraph (1) involving a violation of Section 22161, when the commissioner believes that the public’s interest will be served by the public nature of the order.
(B)CA Financial Code § 22690(c)(2)(A)(B) The commissioner may order a PACE solicitor or PACE solicitor agent, or both, to desist and refrain from engaging in business as a PACE solicitor or PACE solicitor agent, or further violating this division, or the rules thereunder, in accordance with clause (i) and (ii) of this subparagraph. This paragraph does not authorize the commissioner to restrict the ability of a PACE solicitor or PACE solicitor agent to engage in any business that does not involve soliciting a property owner to enter into an assessment contract.
(i)CA Financial Code § 22690(c)(2)(A)(B)(i) If the order addresses unsafe or injurious behavior by a PACE solicitor or PACE solicitor agent, or both, the order shall be effective immediately. All other orders shall be effective once final.
(ii)CA Financial Code § 22690(c)(2)(A)(B)(ii) If, within 30 days of the receipt of the order, the PACE solicitor or PACE solicitor agent, or both, fails to request a hearing, the order shall become final.
(iii)CA Financial Code § 22690(c)(2)(A)(B)(iii) If, within 30 days of the receipt of the order, the PACE solicitor or PACE solicitor agent, or both, requests a hearing, the hearing shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
(C)CA Financial Code § 22690(c)(2)(A)(C) The commissioner may, after appropriate notice and opportunity for a hearing, by order, censure or suspend for a period not exceeding 12 months, or bar any natural person from directly or indirectly soliciting a property owner to enter into an assessment contract, in accordance with clause (i) to (iv), inclusive, of this subparagraph. This paragraph does not authorize the commissioner to restrict the ability of a natural person to engage in any business that does not involve soliciting a property owner to enter into an assessment contract, or being employed by a PACE solicitor in a capacity that does not involve soliciting a property owner to enter into an assessment contract.
(i)CA Financial Code § 22690(c)(2)(A)(C)(i) Within 15 days from the date of a notice of intention to issue an order pursuant to this subparagraph, the person may request a hearing under the Administrative Procedure Act (Chapter 4.5 (commencing with Section 11400) of Division 3 of Title 2 of the Government Code).
(ii)CA Financial Code § 22690(c)(2)(A)(C)(ii) Upon receipt of a request submitted pursuant to clause (i), the matter shall be set for hearing to commence within 30 days after the commissioner receives the request pursuant to clause (i), unless the person subject to the notice consents to a later date.
(iii)CA Financial Code § 22690(c)(2)(A)(C)(iii) If no hearing is requested within 15 days after the mailing or service of the notice of intention as described in clause (i), and the commissioner does not order a hearing, the right to a hearing shall be deemed to be waived.
(iv)CA Financial Code § 22690(c)(2)(A)(C)(iv) Upon receipt of a notice of intention to issue an order pursuant to this subparagraph, the person who is the subject of the proposed order is immediately prohibited from directly or indirectly soliciting a property owner to enter into an assessment contract.
(d)CA Financial Code § 22690(d) An order brought under paragraph (2) of subdivision (c) shall be public.
(e)CA Financial Code § 22690(e) A PACE solicitor or PACE solicitor agent subject to this section shall not be subject to Chapter 4 (commencing with Section 22700).
(f)CA Financial Code § 22690(f) The commissioner shall not be bound to the provisions of this section in connection with enforcement of this division with respect to a program administrator.

Section § 22690.5

Explanation

This California law requires the department to keep and update a list on their website of PACE solicitors and agents. PACE stands for Property Assessed Clean Energy, which is related to financing energy-efficient home improvements. They must show when the list was last updated and how often they update it, starting from January 1, 2020. Also, the department must list those who have been told to stop soliciting property owners for PACE contracts, with updates shown on the site.

(a)CA Financial Code § 22690.5(a) The department shall maintain, on its Internet Web site, the identities of enrolled PACE solicitors and PACE solicitor agents. The Internet Web site shall identify the date of the most recent update, and the frequency with which the list is updated. This subdivision shall become operative on January 1, 2020.
(b)CA Financial Code § 22690.5(b) The department shall maintain on its Internet Web site the identities of PACE solicitors and PACE solicitor agents ordered to discontinue engaging in the business of soliciting property owners to enter into assessment contracts. The Internet Web site shall identify the date of the most recent update.

Section § 22691

Explanation

This law allows the commissioner to create rules that can exempt certain groups of people from following specific financial regulations. The commissioner can make these exemptions if they believe it's in the public's best interest or helps protect property owners, and these exemptions can be unconditional or have certain conditions or time limits.

The commissioner may by any rules he or she deems necessary or appropriate in the public interest or for the protection of property owners, either unconditionally or upon specified terms and conditions or for specified periods, exempt any class of persons specified in those rules from the provisions of Sections 22680, 22681, and 22682.

Section § 22692

Explanation

This law requires a program administrator to include specific details in an annual report regarding the Property Assessed Clean Energy (PACE) program. This includes how the 97% cap on total PACE and mortgage-related debt impacts property owners, the effect of using automated valuation models to assess property values, and the impact of emergency HVAC provisions. Also, it looks at the consequences of not having a minimum residual income threshold. All this information must be presented separately in the commissioner's composite annual report. The commissioner can also ask for additional information as needed.

(a)CA Financial Code § 22692(a) The commissioner shall require a program administrator to submit the following information in the annual report filed under Section 22159:
(1)CA Financial Code § 22692(a)(1) Information beneficial to an evaluation of the overall impact on property owners caused by the 97 percent cap on total PACE and mortgage-related debt.
(2)CA Financial Code § 22692(a)(2) Information beneficial to an evaluation of the overall impact on property owners caused by the use of an automated valuation model in determining the market value of property subject to a PACE assessment.
(3)CA Financial Code § 22692(a)(3) Information beneficial to an evaluation of the overall impact on property owners caused by the emergency HVAC provisions.
(4)CA Financial Code § 22692(a)(4) Information relevant to determining the overall impact on property owners of the absence of a minimum residual income threshold.
(b)CA Financial Code § 22692(b) The information received under this section shall appear in a separate section within the composite of the annual reports required to be prepared by the commissioner pursuant to Section 22160.
(c)CA Financial Code § 22692(c) This section does not limit the authority of the commissioner to require additional information from a program administrator under Section 22159.

Section § 22693

Explanation

The commissioner can require PACE program administrators to use a real-time database to track PACE assessments on properties. This system helps with regulation and enforcement, and provides information about a property's PACE assessment status. The costs to maintain this system will be shared fairly among program administrators based on how much they use it. Additionally, an independent party can handle the system's development and maintenance. The commissioner has until January 1, 2020, to decide if formal rules should be created about this requirement, but can make a decision at any time.

(a)CA Financial Code § 22693(a) The commissioner may, by rule, require a program administrator to use a real-time registry or database system for tracking PACE assessments in order to carry out his or her regulatory duties and to support enforcement. That registry or database system shall enable the program administrator to trace PACE assessments and shall include, but not be limited to, features for providing or obtaining information about a property’s status with regard to PACE assessments placed on the property, whether recorded or not. All costs associated with the real-time registry or database system shall be apportioned among licensed program administrators based on the volume and amount of PACE assessments by each program administrator, or any other method that fairly apportions the costs, as required by rule. The commissioner may contract with an independent third party for the development and ongoing maintenance and support of the real-time registry or database system, and may require the program administrators to pay for the cost of development and ongoing maintenance and support directly to the independent third party. In no event shall the costs apportioned to a program administrator exceed a reasonable regulatory cost.
(b)CA Financial Code § 22693(b) On or before January 1, 2020, the commissioner shall determine whether to proceed with a rulemaking action. This subdivision shall not restrict the ability of the commissioner to proceed with a rule under this section at any time.

Section § 22694

Explanation

This law says that finance lenders, mortgage loan originators, or brokers aren’t covered by this chapter unless they also work as a program administrator, PACE solicitor, or PACE solicitor agent.

This chapter does not apply to a finance lender, mortgage loan originator, or broker licensee, unless they engage in the business of a program administrator, PACE solicitor, or PACE solicitor agent.

Section § 22695

Explanation

This section states that if someone breaks the rules of this chapter, they won't face criminal charges under the penalties outlined in Sections 22753 and 22780. Additionally, this rule becomes active as soon as the act comes into effect, despite what Section 22696 says.

(a)CA Financial Code § 22695(a) A violation of this chapter by any person is not subject to the criminal penalties established pursuant to Sections 22753 and 22780.
(b)CA Financial Code § 22695(b) Notwithstanding Section 22696, this section shall become operative on the effective date of this act.

Section § 22696

Explanation

This law states that, unless exceptions listed in specific other sections apply, the rules in this chapter officially started being in effect on January 1, 2019.

Except as provided in Sections 22684, 22685, 22686, 22687, 22688, and 22695, this chapter shall become operative on January 1, 2019.

Section § 22697

Explanation

This law ensures that existing rights and solutions provided by other laws are not affected or diminished by the rules set in this chapter.

This chapter does not preclude or reduce any rights and remedies established under any other laws.