Section 10091.1 - Definitions(a) "Authority" means the California Alternative Energy and Advanced Transportation Financing Authority (CAEATFA) established pursuant to Division 16 (commencing with Section 26000) of the Public Resources Code or its agent.(b) "Bill Impact Estimate" means an estimate of the anticipated energy cost impacts that are expected to result from the installation of Eligible Energy Measures, which is provided by the Participating Contractor, Participating Project Developer, Participating Financial Institution (PFI), or Participating Finance Lender (PFL) to the Borrower prior to work being performed on the Eligible Property.(c) "Borrower" means an individual or individuals who receive(s) an Eligible Loan from a PFI or PFL for the purpose of making Eligible Improvements to no more than four units of an Eligible Property.(d) "California Hub for Energy Efficiency Financing Disclosure" or "CHEEF Disclosure" means the disclosure described in Section 10091.16.(e) "CHEEF Loan Identifier" or "CHEEF Loan ID" means an identification number associated with a Borrower and/or Eligible Loan created by the Authority and provided to the PFI or PFL at the time of enrollment of an Eligible Loan in the Program. The CHEEF Loan ID will be used to identify the corresponding Eligible Loan in all subsequent correspondence between the PFI, PFL, PCP or Successor Servicer and the Authority.(f) "Claim-Eligible Principal Amount" means the principal amount of an Enrolled Loan that qualifies for reimbursement in the event of a charge-off, pursuant to Section 10091.5(f) and which may be less than the Total Loan Principal Amount.(g) "Commission" or "CPUC" means the California Public Utilities Commission.(h) "Community Choice Aggregator" or "CCA" has the same meaning as defined in Section 331.1 of the Public Utilities Code.(i) "Credit-Challenged Borrower" means a Borrower with no credit score or a credit score of 700 and below.(j) "CSLB" means the California Contractors State License Board.(k) "Eligible Channel Partner" or "ECP" means a potential co-applicant with the EFI or EFL engaged in marketing, outreach, assisting borrowers with loan applications and/or the submission of loans to the Program. The Eligible Channel Partner must meet the requirements described in Section 10091.4 and must be a signatory to the PFI's or PFL's Program application.(l) "Eligible Contractor" means a contractor or contractor company with an active license with the Contractors State License Board to do the work they perform and who has not had disciplinary action taken against their CSLB license within the previous 12 months.(m) "Eligible Energy Measures" or "EEMs" means energy efficiency and clean energy measures eligible for financing under the Program, as established in Section 10091.11. The list of EEMs will be accessible from the Authority's website. A measure that is eligible for an IOU, REN or CCA energy efficiency or demand response program and is not on the EEMs list is eligible for financing.(n) "EEMs ID" means the unique identification number associated with an individual EEM as assigned by the Authority.(o) "EEMs Measure Name" means the name associated with a particular EEM as assigned by the Authority.(p) "Eligible Finance Lender" or "EFL" means a finance company that meets the requirements specified in Section 10091.2 and Section 10091.3.(q) "Eligible Financial Institution" or "EFI" means any insured depository institution, insured credit union, or Community Development Financial Institution, as those terms are each defined in Section 103 of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. Sec. 4701 et seq.).(r) "Eligible Improvements" means improvements made to Eligible Properties. (1) Eligible Improvements may include: (A) The installation of EEMs that correspond to gas where an IOU delivers gas to the Eligible Property and that correspond to electricity where an IOU delivers electricity to the Eligible Property. This includes alterations and improvements that are legally or practically required to complete the installation of the EEMs.(B) Additional related home improvements to the Eligible Property. Equipment included on the EEMs list as described in Section 10091.11(j) but not meeting the requirements of the EEMs list may not be included.(C) Capitalized interest from a refinancing pursuant to Section 10091.5(c)(1).(s) "Eligible Loan" means a loan, retail installment contract or lease/service agreement made by a Participating Financial Institution or Participating Finance Lender to a Borrower to finance Eligible Improvements on an Eligible Property as described in Section 10091.5.(t) "Eligible Project Developer" means an individual or entity that can become a Participating Project Developer pursuant to the eligibility requirements in Section 10091.7(a).(u) "Eligible Property" means a residential property in California. If the Borrower is not the owner of the property, EEMs not eligible for self-installation require the owner's written consent to have the Eligible Improvements installed. Eligible Property includes any of the following:(1) Building types, including, but not limited to, single-family detached homes, townhomes, condominiums and apartment buildings.(2) Manufactured and mobile homes if the manufactured or mobile home is anchored to a permanent, site-built foundation constructed of durable material, including, but not limited to, concrete, mortared masonry, and wood.(v) "Enrolled Loan" means an Eligible Loan approved by the Authority for enrollment in the Program pursuant to Section 10091.9.(w) "Executive Director" means the Executive Director of the Authority or their designee.(x) "Interest Rate Buy-Down" or "IRBD" means a payment made to a PFI or PFL at the direction of the Authority, as described in Section 10091.17, with the intention of reducing the interest rate of an Eligible Loan.(y) "Investor-Owned Utility" or "IOU" means Pacific Gas and Electric Company, San Diego Gas & Electric Company, Southern California Edison Company, or Southern California Gas Company.(z) "Loss Reserve Account" means an account established and maintained by the Trustee at the Authority's direction for the benefit of a Participating Financial Institution, Participating Finance Lender or Successor Servicer to hold the Loss Reserve Contribution for Enrolled Loans.(aa) "Loss Reserve Contribution" means the financial assistance provided to the Loss Reserve Account for the benefit of a PFI or PFL for each Eligible Loan enrolled in the Program as described in Section 10091.9 or for the benefit of a Successor Servicer for each Enrolled Loan purchased pursuant to Section 10091.13.(bb) "Microloan" means an Eligible Loan with a Total Loan Principal Amount of $5,000 or less.(cc) "Participating Channel Partner" or "PCP" means an Eligible Channel Partner that has been approved by the Executive Director to participate in the Program.(dd) "Participating Contractor" means an Eligible Contractor that has been approved to participate in the Program by the Authority pursuant to Section 10091.6.(ee) "Participating Finance Lender" or "PFL" means an Eligible Finance Lender, including their Participating Channel Partner, if applicable, that has been approved by the Executive Director to participate in the Program.(ff) "Participating Financial Institution" or "PFI" means an Eligible Financial Institution, including their Participating Channel Partner, if applicable, that has been approved by the Executive Director to participate in the Program.(gg) "Participating Project Developer" means an individual or entity who identifies or assists in the identification of Eligible Improvements, or otherwise facilitates projects, for a Participating Contractor or a Borrower and has been approved to participate in the Program by the Authority pursuant to Section 10091.7. The Participating Project Developer may facilitate data exchange between the Authority, the Participating Contractor, the Borrower, the PFI, and/or the PFL. The Participating Project Developer may not perform installations on a Project. A Participating Project Developer with the requisite CSLB license(s) may also apply to be a Participating Contractor in the Program.(hh) "PFI, PFL or Successor Servicer's Program Participation ID" or "Program Participation ID" is an identification number for the participating financial lender or institution, assigned by the Authority, when the PFI or PFL is approved to participate in the Program.(ii) "Program" means the GoGreen Home Energy Financing described in these regulations and previously referred to as the Residential Energy Efficiency Loan Assistance Program. The Program may be referred to publicly as "GoGreen Home".(jj) "Program Holding Account" means accounts established and maintained by the Trustee at the Authority's direction to hold funds allocated by funders of the Program for the Loss Reserve Contributions in separate accounts.(kk) "Program Identifier" or "Program ID" means a number assigned by the Authority or its agents that represents a Program administered by the Authority. The Program ID will be used to track in which Program(s) a particular loan is enrolled.(ll) "Regional Energy Network" or "REN" means a Regional Energy Network authorized by the CPUC.(mm) "Self-Installer" means a Borrower who installs any Eligible Improvement that may be self-installed pursuant to Section 10091.11(b).(nn) "Successor Servicer" means an Eligible Financial Institution or Eligible Finance Lender approved by the Authority pursuant to Section 10091.13 to service Enrolled Loans sold by a PFI or PFL.(oo) "Title 20" means the Appliance Efficiency Regulations described in Article 4 (commencing with Section 1601) of Chapter 4 of Division 2 of Title 20 of the California Code of Regulations, as applicable to the Eligible Improvements.(pp) "Title 24" means the Building Standards Code of Title 24 of the California Code of Regulations, as applicable to the Eligible Improvements.(qq) "Total Loan Principal Amount" means the total principal of an Enrolled Loan, which is not necessarily the same as the Claim-Eligible Principal Amount. The Total Loan Principal Amount does not include charges for ongoing service and/or maintenance and does not include any interest payments or ongoing finance charges.(rr) "Trustee" means the bank or trust company chosen by the Authority to hold or administer some or all of the Program Holding Accounts and Loss Reserve Accounts.Cal. Code Regs. Tit. 4, § 10091.1
Note: Authority cited: Section 26009, Public Resources Code. Reference: Sections 26003(a)(3)(A), 26003(a)(6), 26003(a)(8)(A) and 26040, Public Resources Code.
Note: Authority cited: Section 26009, Public Resources Code. Reference: Sections 26003(a)(3)(A), 26003(a)(6), 26003(a)(8)(A) and 26040, Public Resources Code.
1. New article 5 (sections 10091.1-10091.15) and section filed 3-9-2015 as an emergency; operative 3-9-2015 (Register 2015, No. 11). A Certificate of Compliance must be transmitted to OAL by 9-8-2015 or emergency language will be repealed by operation of law on the following day.
2. New article 5 (sections 10091.1-10091.15) and section refiled 9-8-2015 as a deemed emergency pursuant to Public Resources Code section 26009, including amendment of subsections (n) and (n)(1); operative 9-8-2015 (Register 2015, No. 37). A Certificate of Compliance must be transmitted to OAL by 12-7-2015 or emergency language will be repealed by operation of law on the following day.
3. New article 5 (sections 10091.1-10091.15) and section, including 9-8-2015 amendments, refiled 12-3-2015 as a deemed emergency pursuant to Public Resources Code section 26009; operative 12-7-2015 (Register 2015, No. 49). A Certificate of Compliance must be transmitted to OAL by 3-7-2016 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 12-3-2015 order, including further amendment of section, transmitted to OAL 3-1-2016 and filed 4-13-2016; amendments operative 4-13-2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 16).
5. Amendment of section and Note filed 9-5-2017 as an emergency; operative 9-5-2017 (Register 2017, No. 36). A Certificate of Compliance must be transmitted to OAL by 6-4-2018 or emergency language will be repealed by operation of law on the following day.
6. Amendment of section and Note refiled 3-5-2018 as an emergency, including further amendment of section; operative 3-5-2018 (Register 2018, No. 10). A Certificate of Compliance must be transmitted to OAL by 6/4/2018 or emergency language will be repealed by operation of law on the following day.
7. Amendment of section and Note refiled 5-30-2018 as an emergency; operative 6-5-2018 (Register 2018, No. 22). A Certificate of Compliance must be transmitted to OAL by 9-4-2018 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 5-30-2018 order, including amendment of subsections (t)(2)(A) and (u), transmitted to OAL 8-3-2018 and filed 9-17-2018; amendments effective 9/17/2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 38).
9. Amendment filed 5-24-2021 as an emergency; operative 5/24/2021 (Register 2021, No. 22). Emergency expiration extended 60 days pursuant to Executive Order N-40-20 plus an additional 60 days pursuant to Executive Order N-71-20. A Certificate of Compliance must be transmitted to OAL by 3-22-2022 or emergency language will be repealed by operation of law on the following day.
10. Change without regulatory effect amending article heading and subsection (hh) filed 8-25-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 35).
11. Editorial correction of subsection (e) (Register 2022, No. 11).
12. Amendment refiled 3-17-2022 as an emergency, including further amendment of subsection (i), repealer of subsection (s)(1), subsection renumbering and amendment of subsection (ii); operative 3/23/2022 (Register 2022, No. 11). A Certificate of Compliance must be transmitted to OAL by 6-21-2022 or emergency language will be repealed by operation of law on the following day.
13. Refiling of 3-17-2022 order on 6-20-2022 as an emergency; operative 6/22/2022 (Register 2022, No. 25). A Certificate of Compliance must be transmitted to OAL by 9-20-2022 or emergency language will be repealed by operation of law on the following day.
14. Certificate of Compliance as to 6-20-2022 order transmitted to OAL 8-19-2022 and filed 9/29/2022 (Register 2022, No. 39).
15. Amendment of subsection (i), repealer of subsection (j), subsection relettering, new subsection (w), amendment of subsection (aa) and repealer of subsections (aa)(1)-(2) filed 12-22-2023 as an emergency; operative 12/22/2023 (Register 2023, No. 51). A Certificate of Compliance must be transmitted to OAL by 6-19-2024 or emergency language will be repealed by operation of law on the following day.
16. Amendment filed 4-15-2024 as an emergency; operative 4/15/2024 (Register 2024, No. 16). A Certificate of Compliance must be transmitted to OAL by 10-14-2024 or emergency language will be repealed by operation of law on the following day.
17. Refiling of 12-22-2023 and 4-15-2025 emergencies on 6-14-2024 as an emergency; operative 6/20/2024 (Register 2024, No. 24). A Certificate of Compliance must be transmitted to OAL by 9-18-2024 or emergency language will be repealed by operation of law on the following day.
18. Certificate of Compliance as to 6-14-2024 order, including repealer of subsection (bb) and subsection relettering, transmitted to OAL 7-19-2024 and filed 8-30-2024; amendments effective 8/30/2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 35).