BILL ANALYSIS AB 2746 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 2746 (Blakeslee) As Amended June 15, 2010 2/3 vote ----------------------------------------------------------------- |ASSEMBLY: |74-0 |(May 6, 2010) |SENATE: |34-0 |(August 18, | | | | | | |2010) | ----------------------------------------------------------------- Original Committee Reference: INS. SUMMARY : Authorizes the California Earthquake Authority (CEA) to contract for the services of a chief mitigation officer and describes the general duties of that officer. The Senate amendments : 1)Require the chief mitigation officer of the CEA to file financial disclosure statements with Fair Political Practices Commission. 2)Provides that no reimbursement is required by this bill because it creates a new crime or infraction (i.e., the bill contains a crimes and infractions disclaimer). EXISTING LAW : 1)Authorizes the governing board of CEA to conduct the affairs of the CEA and specifies its powers. Among its powers are to: employ or contract with officers and employees to administer the CEA, retain outside actuarial and geological professionals, invest moneys, obtain reinsurance, issue bonds, and employ bond counsel and financial consultants in connection with the issuance of bonds. 2)Specifies that the CEA may contract for the services of a chief executive officer (CEO), a chief financial officer (CFO), and an operations manager. Additionally, the CEA may contract for the services of reinsurance intermediaries, financial market underwriters, modeling firms, a computer firm, an actuary, an insurance claims consultant, counsel, and private money managers. For these purposes, the CEA is not considered a state agency or other public agency. AS PASSED BY THE ASSEMBLY , this bill: AB 2746 Page 2 1)Authorized the CEA to contract for the services of a chief mitigation officer. 2)Required the governing board of the CEA to establish the duties of the chief mitigation officer which shall include the following: a) Program activities that mitigate against seismic risk that will help homeowners, other property owners including landlords with smaller holdings, and the general public; b) Collaboration with academic institutions, nonprofit entities, and commercial business entities in joint efforts to conduct mitigation-related research and educational activities, and conduct program activities to mitigate against seismic risk; c) Programs to provide financial assistance in the form of loans, grants, rebates, or other financial incentives to help mitigate against seismic risk, including structural and contents retrofitting of residential structures; and, d) Collaboration and joint programs with local, state, and federal agencies that may further California's disaster preparedness, protection, and mitigation goals. 3)Authorized the CEA to accept grants and gifts of real or personal property and services for the Earthquake Loss Mitigation Fund or the related residential retrofit program from federal, state, and local government sources and private sources. FISCAL EFFECT : No direct fiscal impact. The CEA is a privately financed, publicly managed agency with 25 civil service positions and a handful of temporary and exempt positions. COMMENTS : 1)The purpose of this bill is to authorize the CEA to contract for the services of a chief mitigation officer with specified duties. 2)According to the Working Group on California Earthquake Probabilities, there is a 99% chance of a magnitude 6.7 or AB 2746 Page 3 greater earthquake striking California within the next 30 years. The author states that according to CEA estimates, a region such as Los Angeles could experience $100 billion in residential property losses. In San Francisco, 80% of the weakest wood-framed buildings (an estimated 2,000 buildings) are expected to collapse or become damaged beyond repair in a large earthquake (7.2 magnitude). Agencies advise that an effective retrofit program would dramatically reduce this damage. The CEA has recommended the establishment of a chief mitigation officer position to enhance the organization's mitigation efforts and effectively utilize the Loss Mitigation Fund to help protect California. Currently, this fund has approximately $12 million available to provide loans to retrofit homes but relatively few homeowners have taken out these loans. 3)Effective use of the Loss Mitigation Fund by the chief mitigation officer will assist homeowners to retrofit their homes and prepare for a major earthquake. Without appropriate mitigation retrofits, experts estimate that tens to hundreds of thousands of homes in high population centers like Southern California and San Francisco will be destroyed, leaving thousands of families homeless. Since the Chief Mitigation Officer's salary will be subject to the 3% operating expense ceiling, just as the CEO's and the CFO's, there will be no increase in the cost to rate payers. 4)In 2009, the Insurance Committee and the Legislature approved AB 43 (Blakeslee) which proposed to create the position of chief mitigation officer in the CEA and to eliminate a cap on the number of civil service employees that could be employed by the CEA. The Governor vetoed AB 43 and stated that he was supportive of establishing the chief mitigation officer in the CEA, and that his veto was based on his opposition to eliminating the limit on the number of civil service employees in the CEA. AB 2746 only contains the chief mitigation officer provision. Analysis Prepared by : Manny Hernandez / INS. / (916) 319-2086 FN: 0005655