1. (a) An authorized representative of the Eligible Commercial Financing Customer will be required to affirm that it has read and acknowledges all of the following subsections (b)-(g) in a format specified by the Authority:

2. (b) 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. (1) Information disclosing the fact that you are a customer of the finance company.
   2. (2) Your financing agreement or the account number associated with your financing agreement.
   3. (3) Your name, address, social security number, and contact information.
   4. (4) Your financial status and underwriting criteria, including, but not limited to, credit scores.
   5. (5) The amount of and terms for repayment of your financing agreement.
   6. (6) Information regarding your financing agreement payment history.
   7. (7) The equipment or improvements funded with the proceeds of your financing agreement.
   8. (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. (9) The account and service agreement number on your utility bill, monthly energy use, and utility account payment history.
   10. (10) Energy impact data from your project.
3. (c) The information may be provided to CAEATFA by the CPUC or your utility(ies) or your finance company or a contractor or project developer 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 that information to CAEATFA.
4. (d) 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 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 financing customers or may release individual financing customer names, addresses, and phone numbers that will enable the IOUs or the CPUC or individuals acting on their behalf to contact financing customers. The purpose of the release and contact will be limited to inviting financing customers to participate in surveys or to arrange visits to financing customers' business to evaluate various aspects of the program.
6. (f) The officials responsible for maintaining the information provided regarding your financing agreement 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. This Privacy Rights Disclosure will remain effective through the end of the repayment term of your financing agreement.
7. (g) By your affirmation to this Privacy Rights Disclosure, you represent and warrant that you are a duly authorized representative of the financing customer and that you have the authority to agree to the terms of this Privacy Rights Disclosure on behalf of the financing customer.

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

History

1. New section filed 12-17-2018 as a deemed emergency pursuant to Public Resources Code section 26009; operative 12-17-2018 (Register 2018, No. 51). A Certificate of Compliance must be transmitted to OAL by 6-17-2019 or emergency language will be repealed by operation of law on the following day.

2. New section refiled 6-11-2019 as a deemed emergency pursuant to Public Resources Code section 26009, including amendment of section and Note; operative 6-18-2019 (Register 2019, No. 24). A Certificate of Compliance must be transmitted to OAL by 9-16-2019 or emergency language will be repealed by operation of law on the following day.

3. New section refiled 9-12-2019 as a deemed emergency pursuant to Public Resources Code section 26009; operative 9-16-2019 pursuant to Government Code section 11343.4(b)(2) (Register 2019, No. 37). A Certificate of Compliance must be transmitted to OAL by 12-16-2019 or emergency language will be repealed by operation of law on the following day.

4. Certificate of Compliance as to 9-12-2019 order transmitted to OAL 12-13-2019 and filed 1-21-2020 (Register 2020, No. 4).

5. Amendment of section and Note filed 7-19-2021 as an emergency; operative 7-19-2021 (Register 2021, No. 30). A Certificate of Compliance must be transmitted to OAL by 1-18-2022 or emergency language will be repealed by operation of law on the following day.

6. Amendment of section and Note refiled 12-30-2021 as a deemed emergency pursuant to Public Resources Code section 26009; operative 1-18-2022 (Register 2021, No. 53). A Certificate of Compliance must be transmitted to OAL by 4-18-2022 or emergency language will be repealed by operation of law on the following day.

7. Amendment of section and Note refiled as a deemed emergency pursuant to Public Resources Code section 26009; operative 4-18-2022 (Register 2022, No. 15). A Certificate of Compliance must be transmitted to OAL by 7-18-2022 or emergency language shall be repealed by operation of law on the following day.

8. Certificate of Compliance as to 4-18-2022 order transmitted to OAL 7-12-2022 and filed 8-15-2022 (Register 2022, No. 33).

9. Amendment of section heading and subsections (b), (b)(10) and (d) filed 5-13-2024 as a deemed emergency pursuant to Public Resources Code section 26009; operative 5-13-2024 (Register 2024, No. 20). A Certificate of Compliance must be transmitted to OAL by 11-12-2024 or emergency language will be repealed by operation of law on the following day.

10. Amendment of section heading and subsections (b), (b)(10) and (d) refiled 11-4-2024 as a deemed emergency pursuant to Public Resources Code section 26009; operative 11-13-2024 pursuant to Government Code section 11346.1(d) (Register 2024, No. 45). A Certificate of Compliance must be transmitted to OAL by 2-11-2025 or emergency language will be repealed by operation of law on the following day.

11. Amendment of section heading and subsections (b), (b)(10) and (d) refiled 2-5-2025 as an emergency; operative 2-11-2025 pursuant to Government Code section 11346.1(d) (Register 2025, No. 6). A Certificate of Compliance must be transmitted to OAL by 5-12-2025 or emergency language will be repealed by operation of law on the following day.

12. Certificate of Compliance as to 2-5-2025 order transmitted to OAL 2-5-2025 and filed 3-20-2025 (Register 2025, No. 12).