BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  April 21, 2015


                   ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS


                                Susan Bonilla, Chair


          AB 624  
          (Wilk) - As Amended March 26, 2015


          SUBJECT:  Real estate appraisers:  standards of conduct.


          SUMMARY:  Authorizes licensed real estate appraisers who perform  
          non-federally related appraisal activities to use a standard of  
          valuation practice other than the Uniform Standards of  
          Professional Appraisal Practice if that practice is disclosed  
          to, and agreed upon, by the client, and if that practice is  
          described in the appraisal.   


          EXISTING LAW:


          1)Establishes the Real Estate Appraisers' Licensing and  
            Certification Law (Act), administered by the Bureau of Real  
            Estate Appraisers (BREA), which regulates the licensing of  
            real estate appraisers and provides definitions of specified  
            terms that govern the construction of that law.  (Business and  
            Professions Code (BPC) Section 11300 et seq.)  


          2)Defines an "appraisal" as a written statement independently  
            and impartially prepared by a qualified appraiser setting  
            forth an opinion in a federally related transaction as to the  
            market value of an adequately described property as of a  








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            specific date, supported by the presentation and analysis of  
            relevant market information.  (BPC Section 11302)

          3)Provides that the term "appraisal" does not include an opinion  
            given by a real estate licensee or engineer or land surveyor  
            in the ordinary course of his or her business in connection  
            with a function for which a license is required, as specified,  
            and that the opinion shall not be referred to as an appraisal,  
            as specified.  (BPC Section 11302)  



          4)Defines a "federal financial institutions regulatory agency"  
            as the Federal Reserve Board, Federal Deposit Insurance  
            Corporation, Office of the Comptroller of the Currency,  
            Federal Home Loan Bank System, National Credit Union  
            Administration and any other agency determined by the director  
            of the BREA to have jurisdiction over transactions subject to  
            this part.  (BPC Section 11302(h)



          5)Defines a "federally related real estate appraisal activity"  
            as the act or process of making or performing an appraisal on  
            real estate or real property in a federally related  
            transaction and preparing an appraisal as a result of that  
            activity.  (BPC Section 11302(i))



          6)Defines a "federally related transaction" (FRT) as any real  
            estate-related financial transaction which a federal financial  
            institutions regulatory agency engages in, contracts for or  
            regulates and which requires the services of a state licensed  
            real estate appraiser regulated by these provisions, and  
            includes any transaction identified as such by a federal  
            financial institutions regulatory agency.  (BPC Section  
            11302(j))









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          7)Defines a "state licensed real estate appraiser" as a person  
            who is issued and holds a current valid license under these  
            provisions.  (BPC Section 11302(o))



          8)Defines "Uniform Standards of Professional Appraisal Practice"  
            (USPAP) as the standards of professional appraisal practice  
            established by the Appraisal Foundation.  (BPC Section  
            11302(p))



          9)Requires the USPAP to constitute the minimum standard of  
            conduct and performance for a licensee in any work or service  
            performed that is addressed by those standards.  (BPC Section  
            11319) 



          10)Prohibits a person from engaging in federally related real  
            estate appraisal activity governed by these provisions or  
            assuming or using the title of or any title designation or  
            abbreviation as a licensed appraiser in this state without  
            first obtaining a license.  (BPC Section 11320)
          
          THIS BILL:

          1)Makes the following changes relating to definitions: 


             a)   Expands the definition of "appraisal" by no longer  
               limiting appraisals under the Act to those relating to  
               federally related transactions; 


             b)   Adds the Consumer Financial Protection Bureau to the  








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               definition of a "federal financial institutions regulatory  
               agency";


             c)   Defines the "USPAP" as the standards of professional  
               appraisal practice established by the Appraisal Foundation  
               for use in an FRT; 


             d)   Defines "non-federally related real estate appraisal  
               activity" as the act or process of making or performing an  
               appraisal on real estate or real property for any purpose  
               other than an FRT; and, 


             e)   Defines "standard of valuation practice" as any  
               nationally or internationally recognized valuation standard  
               addressing the credibility of an appraisal or appraisal  
               review;. 


          2)Limits the use of the USPAP as the minimum standard of conduct  
            and performance for federally related real estate appraisal  
            activity.


          3)Authorizes a licensee performing a non-federally related  
            appraisal activity to use a standard of valuation practice if  
            that practice is disclosed to, and agreed upon, by the client,  
            and described in the appraisal.


          4)Requires a licensee who uses a standard of valuation practice  
            other than the USPAP to comply with the Ethics, Record  
            Keeping, Competency, and Scope of Work rules of the USPAP  
            contained in the 2014-2015 edition of the USPAP. 


          FISCAL EFFECT:  Unknown.  This bill is keyed fiscal by the  








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          Legislative Counsel.  


          COMMENTS:


          1)Purpose.  This bill is sponsored by the  California  
            Governmental Relations Subcommittee of the Appraisal  
            Institute  .  According to the author, "[This bill] is designed  
            to modernize California's appraiser licensing law to permit  
            licensed or certified appraisers to apply the most relevant  
            appraisal standards for their assignments.  While federal law  
            requires compliance with the [USPAP] for [FRTs], California  
            operates in an international business environment and foreign  
            entities often need appraisal reports prepared in accordance  
            with international standards.  Also, entities within the  
            [United States] often do not require USPAP-compliant  
            appraisals for their non-federally related transactions.   
            [This bill] simply permits the use of recognized alternative  
            or international valuation standards for non-[FRTs], if  
            disclosed and consented to by the client and if identified in  
            appraisal reports.  In cases where standards other than USPAP  
            are employed, appraisal reports must still comply with  
            foundational USPAP standards relating to ethics, competency,  
            recordkeeping, and scope of work."  


          2)Background.  According to the BREA, in 1989, the Federal  
            Financial Institutions Reform, Recovery and Enforcement Act  
            (FIRREA) was adopted by Congress mandating states to license  
            and certify real estate appraisers who appraise property for  
            FRTs.  FRTs are defined as any real estate-related financial  
            transaction which a federal financial institutions regulatory  
            agency engages in, contracts for, or regulates, and which  
            requires the services of a state licensed real estate  
            appraiser regulated by these provisions, and includes any  
            transaction identified as such by a federal financial  
            institutions regulatory agency.  In short, FRTs are  
            transactions involving loans made, guaranteed or insured by  








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            federally-supervised financial institutions.  The federal law  
            was enacted as a result of the savings and loan disaster.  The  
            FIRREA, and rules promulgated pursuant to that act, require,  
            at a minimum, that real estate appraisals be performed in  
            accordance with generally accepted uniform standards as  
            promulgated by the Appraisal Standards Board (ASB) of the  
            Appraisal Foundation, and that such appraisals be in writing.   
            The USPAP is the set of standards developed by the ASB of the  
            Appraisal Foundation to meet this requirement.  Such  
            appraisals are to be performed by individuals whose competency  
            has been demonstrated and whose professional conduct is  
            subject to effective state supervision.





            In response to the federal mandate, the Real Estate Appraisers  
            Licensing and Certification Law was enacted by the California  
            Legislature in 1990. The BREA, which administers the Act, is  
            charged with developing and implementing a real estate  
            appraiser licensing and certification program compliant with  
            the federal mandate.  The BREA's enforcement unit, which  
            operates under a federal mandate, ensures adherence to the  
            federally-required USPAP, California law and regulations.





            According to policy statements issued by the Appraisal  
            Subcommittee of the Federal Financial Institutions Examination  
            Council, an interagency body empowered to prescribe uniform  
            principles, standards and report forms for the federal  
            examination of financial institutions, Title XI of the FIRREA  
            and the federal financial institutions regulatory agencies'  
            regulations authorize any state or federal agency to impose  
            additional appraisal standards if they consider such standards  
            necessary to carry out their responsibilities, so long as  








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            additional appraisal standards do not preclude compliance with  
            the USPAP or the federal institutions regulatory agencies'  
            appraisal regulations for work performed for FRTs.  





            The federal financial institutions regulatory agencies'  
            appraisal regulations define "appraisal" and identify which  
            real estate-related financial transactions require the  
            services of a state licensed appraiser.  Under these  
            regulations, only those transactions that involve appraisals  
            for FRTs require the services of a state licensed appraiser.  





            California Real Estate Appraisers' Licensing and Certification  
            Law.  According to the author, because virtually every  
            residential loan is an FRT, approximately 90-95% of all  
            appraisals are covered.  While federal law requires that FRT  
            appraisals be performed in compliance with the USPAP,  
            California law goes beyond this requirement in BPC Section  
            11319, and requires compliance with USPAP for all appraisals  
            performed by California licensed and certified appraisers,  
            whether federally-related or not.  





            According to the author, problems arise when appraisers are  
            sometimes asked by foreign entities to perform appraisals in  
            compliance with appraisal standards in the foreign country, or  
            in compliance with International Valuation Standards (IVS).   
            For example, other major international and alternative  
            appraisal and valuation standards may include: the Canadian  








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            Uniform Standards of Professional Appraisal Practice;  
            Standards of Valuation Practice; European Valuation Standards;  
            Uniform Appraisal Standards for Federal Land Acquisitions;  
            Real Property Appraisal Standards (Japan); Australia and New  
            Zealand Property and Valuation Standards and the Standards for  
            Real Estate Appraisals of the People's Republic of China.   
            California licensed and certified appraisers are not able to  
            accept an appraisal assignment if the standard identified is  
            other than USPAP.  Even though state law does not require  
            licensure to perform the appraisal for non-federally related  
            transactions, licensed appraisers must still use the USPAP  
            because California mandates the use of USPAP standards for all  
            appraisals.  





            According to the author, the USPAP reporting requirements  
            impose duties beyond those often needed by entities requesting  
            appraisals in non-FRTs.  Investors needing portfolio review  
            analysis, for example, often do not need, and thus are not  
            willing to pay for, a full USPAP-compliant appraisal.  Because  
            California law makes USPAP the standard for all appraisals  
            performed by California licensed or certified appraisers,  
            California licensees are unable to accept these assignments.   
            In this regard, California law actually acts as a disincentive  
            to hire the most competent appraisers.  As a result, licensed  
            professionals in other states or unlicensed persons in  
            California could perform those non-FRT appraisals without  
            following USPAP, while California licensees would still be  
            required to follow the USPAP.  





            The BREA's website lists as one of the twelve most frequently  
            asked questions relating to enforcement is whether a licensee  








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            may voluntarily "suspend" his or her license to perform  
            non-USPAP appraisals.  According to the website, one of the  
            most common reasons for a licensee to wish to suspend or  
            terminate their license is the desire to produce non-USPAP  
            appraisals for real estate brokers or for tax appeal purposes,  
            i.e., for non-FRT appraisals.  However, there is currently no  
            provision for permitting such a suspension of licensure prior  
            to the license expiration, and the BREA regulations require  
            every holder of a BREA license to conform to and observe USPAP  
            at all times, regardless of the type of transaction.  





            This bill would address this problem by authorizing licensees  
            to comply with recognized valuation standards other than the  
            USPAP for non-FRTs, with the consent of the client and if the  
            standards are properly identified in the appraisal report.   
            This bill would still require USPAP provisions relating to  
            ethics, competency, recordkeeping and scope of work to apply  
            if a standard other than the USPAP is used for an appraisal.  





          3)Prior Related Legislation.  AB 1317 (Frazier), Chapter 352,  
            Statutes of 2013, enacted the statutory changes necessary to  
            reflect the changes in law made by the Governor's  
            Reorganization Plan No. 2, including moving the former Office  
            of Real Estate Appraisers from under the jurisdiction of the  
            former Business, Transportation, and Housing Agency to the  
            Bureau of Real Estate Appraisers under the Department of  
            Consumer Affairs, within the Business, Consumer Services, and  
            Housing Agency.  


            SB 237 (Calderon), Chapter 173, Statutes of 2009, required  








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            appraisal management companies, as defined, to register with  
            the Office of Real Estate Appraisers, and would subject those  
            entities to the provisions of the Real Estate Appraisers'  
            Licensing and Certification Law, and set forth standards with  
            which an appraisal management company would need to comply.  


          ARGUMENTS IN SUPPORT:


          According to the sponsors, the  California Government Relations  
          Subcommittee of the Appraisal Institute  , "[This bill] is  
          designed to modernize California's appraisal licensing law to  
          permit licensed and certified appraisers to utilize  
          international and other alternative appraisal standards when  
          those standards are more relevant to particular transactions.   
          This will permit lower-cost, more appropriate appraisals which  
          respond to market and consumer demand.  By way of brief  
          background, Congress imposed a requirement for all states to  
          license and certify real estate appraisals in 1990, coming out  
          of the savings and loan crisis of the time.  Federal law  
          requires licensure, and compliance with the Uniform Standards of  
          Appraisal Practice (USPAP) for "federally-related transactions".  
           These are basically transactions involving loans made,  
          guaranteed or insured by federally-supervised financial  
          institutions.  No federal law requires licensing or compliance  
          with "USPAP" for non-federally related transactions, however.   
          Since the enactment of licensing in 1990, other appraisal  
          standards have developed which may be more appropriate in  
          certain transactions, and USPAP may impose a level of work  
          unnecessary in some cases.  Further, international lenders may  
          need appraisal work done in compliance with international  
          appraisal standards or those of their home countries, rather  
          than USPAP-compliant appraisals.  All [this bill] does is permit  
          the use of nationally or internationally-recognized appraisal  
          standards for non-federally related transactions, if properly  
          disclosed and consented to by the client, and if identified in  
          the appraisal report.  [This bill] is narrowly crafted to  
          respond to a simple need."  








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          ARGUMENTS IN OPPOSITION:


          None on file. 


          POLICY ISSUE FOR CONSIDERATION: 


          The author may wish to consider whether it is necessary to  
          specify the 2014-15 edition of the USPAP a licensee must follow  
          for purposes of adhering to specific USPAP standards for  
          non-FRTs.  Because specifying that edition would not take into  
          account future changes relating to those standards in future  
          iterations of the USPAP, licensees would be prohibited from  
          following a single set of USPAP standards, and would instead be  
          required to follow one set of standards for non-FRT appraisals,  
          and another set standards, e.g. if there is a newer edition of  
          the USPAP, for FRT appraisals.  This may lead to confusion for  
          licensees, who could be accountable for applying the wrong set  
          of standards.  


          


          AMENDMENT:


          This bill deletes the phrase "in a federally related  
          transaction" from the definition of appraisal, thereby expanding  
          the definition of appraisal to include non-FRT appraisals.   
          Because other provisions of the Act refer to appraisals, for  
          example, BPC Section 11321 which requires licensees to sign  
          appraisals, it may inadvertently alter existing practice  
          requirements.  As a result, the author should consider restoring  
          that language to existing law.  








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          On page 2, line 9, after "opinion" insert:   in a federally  
          related transaction  to restore to existing law


          REGISTERED SUPPORT:





          California Government Relations Subcommittee of the Appraisal  
          Institute (sponsor)




          REGISTERED OPPOSITION:


          None on file. 




          Analysis Prepared by:Eunie Linden / B. & P. / (916) 319-3301




















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