BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 2693| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: AB 2693 Author: Dababneh (D), et al. Amended: 8/2/16 in Senate Vote: 21 SENATE GOVERNANCE & FIN. COMMITTEE: 6-0, 6/15/16 AYES: Hertzberg, Nguyen, Beall, Hernandez, Lara, Moorlach NO VOTE RECORDED: Pavley SENATE JUDICIARY COMMITTEE: 7-0, 6/28/16 AYES: Jackson, Moorlach, Anderson, Hertzberg, Leno, Monning, Wieckowski ASSEMBLY FLOOR: 75-0, 5/23/16 - See last page for vote SUBJECT: Financing requirements: property improvements SOURCE: Author DIGEST: This bill amends statutes governing Property Assessed Clean Energy (PACE) financing to add consumer notice requirements and tighten financing standards for PACE loans for residential properties ANALYSIS: Existing law establishes two distinct statutory frameworks under which local governments can implement and administer PACE loan programs that rely on voluntary contractual assessments or parcel taxes for repayment of the loans. AB 2693 Page 2 This bill: 1)Prohibits a local agency from permitting the owner of a residential property with four or fewer units from participating in a voluntary contractual assessment program if the owner's parcel or property does not comply with specified statutory and regulatory requirements that currently apply to participation in a PACE Loss Reserve program managed by the State Treasurer's office. 2)Prohibits a local agency from permitting the owner of a residential property with four or fewer units from participating in a voluntary contractual assessment program unless both of the following apply: a) The property owner has been provided with a completed financing estimate document or a substantially equivalent document that displays the same information in a substantially similar format. b) The property owner is given the right to cancel the contractual assessment at any time prior to midnight on the third business day after the date of the transaction to enter into the agreement without penalty or obligation. The property owner must receive two copies of a right to cancel document as specified in state law, or a substantially similar document that displays the same information in substantially similar format. 3)Requires that a Financing Estimate and Disclosure document must be delivered to a property owner of a residential property with four or fewer units at least three business days before the property owner consummates a voluntary contractual assessment. This disclosure must be provided to a property owner as a printed copy, if requested by the property owner. 4)Requires that, before annexing a parcel or parcels to a community facilities district (CFD) formed pursuant to an AB 2693 Page 3 alternative process by which a local government can form a CFD to finance energy efficiency, water conservation, and renewable energy improvements, the legislative body of a local agency must comply with the same requirements that apply to a property owner who seeks to participate in a voluntary contractual assessment program for a residential property of four or fewer units. 5)Prohibits a public agency or other party to a voluntary contractual assessment or a special tax from making any representations to a property owner regarding the effect that financed improvements will have on the market value of the property unless that public agency or other party derives its estimates of the market value using a specified methodology. 6)Specifies that for the purposes of the bill's provisions, the term "property owner" includes all owners of record. Background PACE financing programs allow local governments to offer loans to private property owners to cover the initial costs of renewable energy, energy efficiency, water efficiency, and other improvements to private property that offer public benefits. Property owners repay the loans through voluntary assessments or parcel taxes, which are secured by priority liens and appear annually on property tax bills until the loans are repaid. State law establishes two distinct statutory frameworks under which local governments can implement and administer PACE loan programs that rely on voluntary contractual assessments or parcel taxes for repayment of the loans. Voluntary Contractual Assessment PACE Financing. A benefit assessment is an involuntary charge that property owners pay for a public improvement or service that provides a special benefit to their property. As an alternative to benefit assessments, and only with the free and willing consent of affected property AB 2693 Page 4 owners, state law lets public agencies use voluntary contractual assessments to finance: Renewable energy sources or energy efficiency improvements that are permanently fixed to real property (AB 811, Levine, Chapter 159 of the Statutes of 2008). Water efficiency improvements that are permanently fixed to real property (AB 474, Blumenfield, Chapter 444 of the Statutes of 2009). Electric vehicle charging infrastructure (SB 1340, Kehoe, Chapter 649 of the Statutes of 2010). Seismic strengthening improvements (AB 184, Swanson, Chapter 28 of the Statutes of 2011). Mello-Roos Parcel Tax PACE Financing. The Mello-Roos Community Facilities Act allows counties, cities, special districts, and school districts to levy special taxes (parcel taxes) to finance a wide variety of public works, including parks, recreation centers, schools, libraries, child care facilities, and utility infrastructure. A Mello-Roos Community Facilities District (CFD) issues bonds against these special taxes to finance the public works projects. State law establishes an alternative process by which a local government can form a CFD to finance only energy efficiency, water conservation, and renewable energy improvements that are affixed to or on real property and in buildings, whether the real property or buildings are privately or publicly owned (SB 555, Hancock, Chapter 493 of the Statutes of 2011). Under the alternative formation process, a CFD can initially consist solely of territory proposed for future annexation to the CFD, with the condition that a parcel or parcels within that territory may be annexed to the CFD and subjected to the special tax only with the unanimous approval of the parcel owner or owners at the time of annexation. In addition to these two statutory frameworks for providing PACE loans, charter cities can establish their own PACE financing programs under California Constitution's grant of authority to charter cities to control their own "municipal affairs." Some federal housing officials, mortgage lenders, and other stakeholders in residential real property transactions are concerned about the complications that priority liens for PACE AB 2693 Page 5 loans may create for residential property owners who seek to refinance or sell their properties. They worry about a lack of consumer disclosures and protections for residential PACE program borrowers and a lack of financing criteria to protect the equity on homeowners' properties. They want the Legislature to expand consumer disclosure requirements for PACE loans offered to residential property owners and enhance the financing criteria and other statutory requirements that local governments must fulfill to provide PACE financing to residential property owners. Comments Purpose of the bill. This bill responds to concerns that PACE financing extends credit secured by a home without providing truth in lending disclosures and without the underwriting safeguards applicable to other consumer loans. Some consumers have complained about misleading marketing campaigns related to PACE and receiving insufficient information about a PACE lien's interaction with their residential mortgage agreements. This bill adds important consumer protections to the statutes authorizing PACE financing. The bill requires that consumers entering into a PACE financing transaction must be provided with statutory model disclosure forms to ensure that all borrowers receive information about the contractual obligation they will assume and the related financial terms and conditions of PACE agreements. The disclosures required by the bill are intended to be consistent with an updated universal Truth in Lending disclosure recently released by the federal Consumer Financial Protection Bureau. This bill also enacts financial criteria that build upon the basic requirements that state law has established for participation in CAEATFA's reserve pool program. These financial criteria are intended to ensure that PACE transactions are based upon a sound financial foundation. By requiring more disclosure and specifying stronger financing criteria that must be applied to PACE financing, this bill takes important steps to protect consumers and other stakeholders in the real estate market. Disclosures. This bill requires that consumers must be provided with extensive disclosures at least three days before entering AB 2693 Page 6 into a PACE financing agreement. Advocates for local governments and PACE financing providers are concerned that the timing and content the disclosures required by the bill could discourage consumers from entering into PACE loans. They want to eliminate the three day waiting period requirement and modify language in the disclosure form to strike an appropriate balance between informing consumers without biasing their decisions about signing up for a PACE loan. FISCAL EFFECT: Appropriation: No Fiscal Com.:NoLocal: No SUPPORT: (Verified8/3/16) California Association of County Treasurers and Tax Collectors California Coast Credit Union California Community Banking Network Central Valley Community Bank Comerica Bank Commonwealth Central Credit Union Community West Bank El Dorado Savings Bank Farmers and Merchants Bank of Central California First Choice Bank First Northern California Credit Union Heritage Community Credit Union Neighborhood National Bank Patelco Credit Union Provident Credit Union Sacramento Credit Union Safe Credit Union San Diego County Credit Union San Francisco Federal Credit Union Schools Financial Credit Union Sierra Central Credit Union Southwest California Legislative Council Star One Credit Union Valley First Credit Union Valley Republic Bank Two Individuals AB 2693 Page 7 OPPOSITION: (Verified8/3/16) California Solar Energy Industries Association Renew Financial Renovate America ARGUMENTS IN SUPPORT: Supporters argue that by requiring more disclosure and specifying stronger financing criteria that must be applied to PACE financing, this bill takes important steps to protect consumers and other stakeholders in the real estate market. ARGUMENTS IN OPPOSITION: Opponents argue that some of the required disclosure language and the required three day waiting period before consumers can enter into a PACE financing agreement will discourage consumer from signing up for PACE loans. ASSEMBLY FLOOR: 75-0, 5/23/16 AYES: Achadjian, Alejo, Travis Allen, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Wood, Rendon NO VOTE RECORDED: Arambula, Eggman, McCarty, Patterson, Williams Prepared by:Brian Weinberger / GOV. & F. / (916) 651-4119 8/4/16 14:11:49 **** END **** AB 2693 Page 8