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12
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2018
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011618
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1/11/2018 12:12:25 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
1/16/2018
DESTRUCT DATE
15Y
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• Assembly Bill 811 (2008) allows renewable energy sources and energy efficiency <br /> upgrades to be financed through an assessment district. Additional legislation <br /> expanded projects eligible for financing to include water-efficiency improvements, <br /> electric vehicle charging stations, and seismic improvements. <br /> • Senate Bill 555 (2011) amended the Mello-Roos Community Facilities Act to allow <br /> for the creation of Community Facility Districts (CFDs) for the purpose of financing or <br /> refinancing the acquisition, installation, and improvement of energy efficiency, water <br /> conservation, renewable energy, seismic improvements, and electric vehicle <br /> charging infrastructure. <br /> Additional laws expand the original legislation and provide for additional consumer <br /> protections: <br /> • AB 2693 (2016) enhanced disclosures to homeowners participating in PACE <br /> programs and guarantees the right to cancel PACE financing within three business <br /> days of execution. AB 2693 also prohibits marketing promises of monetary or <br /> percentage representations of increased value to a property owner regarding the <br /> effect the financed improvements will have on the market value of the property <br /> unless the market value is estimated using one of specified methods. <br /> • Senate Bill 242 (2017) requires a recorded telephone call to residential consumers <br /> to confirm key terms of the agreement in plain language. This call and contractual <br /> documents must also be available in one of the five enumerated non-English <br /> languages as necessary. SB 242 also prohibits kickbacks to contractors for steering <br /> consumers into a particular program and any mis-representation as to the tax <br /> deductibility of a PACE assessment contract. Lastly, PACE providers are prevented <br /> from disclosing to contractors the amount of funds the property owner is eligible for <br /> under a PACE assessment under this law. <br /> • Assembly Bill 1284 (2017) establishes state oversight for California's PACE program <br /> and requires PACE administrators that are not local governments to obtain a license <br /> under California Financing Law. They are also held accountable for screening, <br /> training, and monitoring the contractors and sales reps enrolled in their programs. <br /> Lastly, PACE providers have to determine a consumer's ability to repay, including <br /> income verification, before entering into a PACE assessment. <br /> As a result of the first priority lien status of residential PACE financing, which means <br /> PACE loans are paid off first ahead of traditional mortgages, the Federal Housing <br /> Finance Agency (FHFA) announced in 2010 its opposition to PACE financing programs. <br /> Fannie Mae and Freddie Mac would not purchase mortgages for homes with PACE <br /> obligations, unless the PACE assessment was paid off at the time the property was <br /> refinanced or sold, the same as would happen with any other asset-backed financing. In <br /> response, California created a $10 million PACE Loan Loss Reserve (PLLR) to keep <br /> first mortgage lenders whole during a foreclosure or a forced sale of a property with a <br /> PACE assessment. No claims to use the Loss Reserve have been filed to date. <br /> Page 3 of 7 <br />
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