CALIFORNIA PACE PROGRAM ADMINISTRATOR LICENSE LAWYER

 

The acronym PACE stands for Property Assessed Clean Energy.  PACE programs are offered by various governmental entities to provide property owners with a means to finance conservation improvements and pay for them through an assessment on the owner’s property.  PACE programs are available in most areas for both residential one to four-unit properties and commercial properties. While the name references clean energy, PACE programs also finance water conservation improvements.  Generally, PACE programs begin with a local public agency (such as a city, county or municipal utility district) adopting a resolution to create a Joint Power Authority (JPA) to authorize the creation of a PACE loan program.  The JPA administers the program directly or may contract with a private entity to administer it. The JPA may authorize either local governments or third parties to make loans to homeowners for the conservation improvements.

The California Department of Business Oversight (DBO) licenses Property Assessed Clean Energy (PACE) program administrators and regulate the PACE industry.

On October 4, 2017, Governor Brown signed AB 1284 (Chapter 475, Statutes of 2017). The bill renames the California Finance Lenders Law the California Financing Law. This change became effective upon signing, and sets forth a licensing scheme for Property Assessed Clean Energy (PACE) program administrators. A “program administrator” is a person administering a PACE program on behalf of a public agency. A PACE program provides financing for the installation of energy-efficiency improvements on real property with funding repaid through property tax assessments, as authorized by specified laws.

DBO administers the Property Assessed Clean Energy (PACE) Program Administrator License. This license is required for any person administering a PACE program on behalf of, and with the written consent of, a public agency.

A PACE solicitor is an organization authorized by a program administrator to solicit a property owner to enter into a PACE financing agreement for efficiency improvements on the owner’s property. Typically, a PACE solicitor is a contractor licensed by the Contractors’ State License Board.

A PACE solicitor agent is an individual employed or retained by, or acting on behalf of, a PACE solicitor to solicit a property owner to enter into a PACE financing agreement for efficiency improvements on the owner’s property. Typically, a PACE solicitor agent is a home improvement salesperson registered with the Contractors’ State License Board.

 

LEGAL SERVICES WE PROVIDE TO PACE ADMINISTRATORS:

  •  Assistance with obtaining a Property Assessed Clean Energy (PACE) Program Administrator License
  • NMLS registration and compliance for PACE administrators and other financial services.
  • Advice concerning compliance with California Financing Law as applicable to PACE administrators.
  • Representation before the California Department of Business Oversight.
  • Defense of PACE program administrators, PACE solicitors, and PACE solicitor agents.
  • Advice concerning State and Federal Lending Laws
  • Drafting of legal documents in compliance with the California Financing Law.
  • Representation before CFPB.
  • Representation in DBO and DRE administrative hearings and proceedings, including Accusations, Statements of Issues, Desist and Refrain Orders, and Citations.
  • Representation in investigations by DBO or DRE.
  • We do not represent consumers.