1. (a) The Borrower will be required to provide a contact number and affirm that they have read and acknowledged the following privacy rights disclosure in a format approved by the Authority:

   1. (1) State and federal laws protect the Borrower's right to privacy regarding information pertaining to you. As a result of your participation in an energy financing program, as approved by the California Public Utilities Commission (CPUC) and 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. (A) Information disclosing the fact that you are a customer of the lender.
      2. (B) The loan or account number associated with the loan.
      3. (C) Name, address, social security number, and contact information.
      4. (D) Financial status and underwriting criteria, including, but not limited to, credit scores.
      5. (E) The amount of and terms for the repayment of the loan.
      6. (F) Information regarding your loan payment history.
      7. (G) Details about your project, including contractor information and information regarding the equipment or improvements funded with the proceeds of the loan, including costs, permit information, and shipping dates.
      8. (H) Utility account number(s), monthly energy use and utility account payment history.
      9. (I) Energy savings data from your project.
      10. (J) Post-project customer surveys.
2. (b) The information may be provided by your lender, contractor or project developer to CAEATFA or a vendor acting on its behalf. The information may be combined with the energy usage information provided by your utility.
3. (c) The information provided to CAEATFA may be released within one (1) year to utility companies, other state agencies, program funders, and the federal government pursuant to contracts, interagency agreements, or if required by law.
4. (d) In addition to Section 10091.16(c), CAEATFA may release this information to the public in an anonymized form. This information will be aggregated with information from other loan recipients throughout the state to make both loan and energy 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.
5. (e) In addition to the anonymized and aggregated release of information contemplated above, CAEATFA may contact Borrowers or may release individual Borrower names, addresses, email addresses, and phone numbers that will enable CAEATFA, your utility(ies) or CPUC or individuals acting on their behalf to contact Borrowers. The purpose of the release of contact information will be limited to inviting Borrowers to participate in surveys or to arrange visits to Borrowers' homes to evaluate various aspects of the Program.
6. (f) The officials responsible for maintaining the information provided regarding your loan are program personnel at CAEATFA or its contractors. You have the right of access to records established from the information provided to CAEATFA as it pertains to you.

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.

History

1. New section 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.

2. New section refiled 3-17-2022 as an emergency, including amendment of subsection (a), repealer of subsections (a)(1) and (a)(5), subsection renumbering and amendment of newly designated subsection (a)(2); 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.

3. 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.

4. Certificate of Compliance as to 6-20-2022 order transmitted to OAL 8-19-2022 and filed 9-29-2022 (Register 2022, No. 39).

5. Change without regulatory effect amending subsection (a)(2) filed 3-21-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 12).

6. Renumbering of section 10091.16 to section 10091.17 and former section 10091.15 to 10091.16, including amendment of subsections (a)(1) and (b)-(d), 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.

7. Renumbering of section 10091.16 to section 10091.17 and former section 10091.15 to 10091.16, including amendment of subsections (a)(1) and (b)-(d), refiled 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.

8. Certificate of Compliance as to 6-14-2024 order transmitted to OAL 7-19-2024 and filed 8-30-2024 (Register 2024, No. 35).