Cal. Code Regs. tit. 4 § 10093.11

Current through Register 2024 Notice Reg. No. 49, December 6, 2024
Section 10093.11 - California Hub for Energy Efficiency Financing Privacy Rights Disclosure

The Eligible Affordable Multifamily Customer authorizes the IOU(s), California Public Utilities Commission (CPUC), Program Partners, and the Finance or Service Entity to share information with the Authority, as required by the regulations within this Article, including contact information, data on work performed and improvements installed on the Project, any and all IOU, REN, CCA rebate data, information regarding the Eligible Efficiency Agreement, and other information relating to or arising from participation in the Program. An authorized representative of the Eligible Affordable Multifamily Customer will be required to affirm that it has read and acknowledges the following privacy rights disclosure in a format to be specified by the Authority:

(a) As a result of your participation in an energy efficiency financing program as administered by the California Alternative Energy and Advanced Transportation Financing Authority (CAEATFA), CAEATFA may come into possession of some or all of the following information:
(1) Information disclosing the fact that you are a customer of the finance company.
(2) Your financing or service agreement or the account number associated with your financing or service agreement.
(3) Your name, address, and contact information.
(4) Your financial status and underwriting criteria.
(5) The amount of and terms for repayment of your financing or service agreement.
(6) Information regarding your financing or service agreement payment history.
(7) The equipment or improvements funded with the proceeds of your financing or service agreement.
(8) Utility rebate and/or incentive data including, but not limited to, rebate or incentive amount, program project name and identifier, and approval date.
(9) The account and service agreement number on your utility bill, monthly energy use, and utility account payment history.
(10) Energy savings data from your project.
(b) The information may be provided to CAEATFA by the CPUC or your utility(ies) or your finance company or a contractor acting on their behalf. The information may be combined with energy usage information provided by your utility(ies) to the CPUC, who may then provide such information to CAEATFA. The information provided to CAEATFA may be released to the Investor-Owned Utilities (IOUs), other state agencies, and the federal government pursuant to contracts, interagency agreements, or if required by law. The information provided to CAEATFA will be released in an anonymized form, aggregated with information from other financing recipients throughout the state to make both financing and energy efficiency project performance available to the public. The information released to the public will be anonymized and aggregated to reduce (but may not eliminate) the risk of anyone viewing the data making an association between specific information and the provider of that information. Information that cannot be anonymized and aggregated will not be released to the public.
(c) In addition to the anonymized and aggregated release of information contemplated above, CAEATFA may contact customers or may release individual customer names, addresses, and phone numbers that will enable the IOUs or the CPUC or individuals acting on their behalf to contact customers. The purpose of the release and contact will be limited to inviting customers to participate in surveys or to arrange visits to customers' properties to evaluate various aspects of the program. The officials responsible for maintaining the information provided regarding your financing or service agreement are program personnel at the agency or its contractors. You have the right of access to records established from the information provided to the agency as it pertains to you.
(d) By your affirmation to this Privacy Rights Disclosure, you represent and warrant that you are a duly authorized representative of the customer and that you have the authority to agree to the terms of this Privacy Rights Disclosure on behalf of the customer.

Cal. Code Regs. Tit. 4, § 10093.11

1. New section filed 5-9-2019 as a deemed emergency pursuant to Public Resources Code section 26009; operative 5-9-2019 (Register 2019, No. 19). A Certificate of Compliance must be transmitted to OAL by 11-5-2019 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 10-31-2019 as a deemed emergency pursuant to Public Resources Code section 26009; operative 11-6-2019 pursuant to Government Code section 11346.1(d) (Register 2019, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-4-2020 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 1-30-2020 as a deemed emergency pursuant to Public Resources Code section 26009; operative 2-5-2020 pursuant to Government Code section 11346.1(d) (Register 2020, No. 5). A Certificate of Compliance must be transmitted to OAL by 5-5-2020 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 1-30-2020 order, including amendment of first paragraph and subsections (a)(2), (a)(5)-(a)(7), and (c)-(d), transmitted to OAL 5-5-2020 and filed 6-17-2020; amendments operative 6-17-2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 25).

Note: Authority cited: Sections 26006 and 26009, Public Resources Code. Reference: Sections 26002, 26002.5, 26003, 26006, 26011 and 26040, Public Resources Code.

1. New section filed 5-9-2019 as a deemed emergency pursuant to Public Resources Code section 26009; operative 5/9/2019 (Register 2019, No. 19). A Certificate of Compliance must be transmitted to OAL by 11-5-2019 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 10-31-2019 as a deemed emergency pursuant to Public Resources Code section 26009; operative 11/6/2019 pursuant to Government Code section 11346.1(d) (Register 2019, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-4-2020 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 1-30-2020 as a deemed emergency pursuant to Public Resources Code section 26009; operative 2/5/2020 pursuant to Government Code section 11346.1(d) (Register 2020, No. 5). A Certificate of Compliance must be transmitted to OAL by 5-5-2020 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 1-30-2020 order, including amendment of first paragraph and subsections (a)(2), (a)(5)-(a)(7), and (c)-(d), transmitted to OAL 5-5-2020 and filed 6-17-2020; amendments operative 6/17/2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 25).