BILL ANALYSIS Ó AB 624 Page 1 Date of Hearing: May 6, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair AB 624 (Wilk) - As Amended April 22, 2015 ----------------------------------------------------------------- |Policy |Business and Professions |Vote:|14 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: NoReimbursable: No SUMMARY: This bill 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 (USPAP) if that practice is AB 624 Page 2 disclosed to, and agreed upon, by the client, and if that practice is described in the appraisal. FISCAL EFFECT: Unknown costs, likely minor, to the Bureau of Real Estate Appraisers (special funds) under the Department of Consumer Affairs for complaint investigations regarding the use of unknown valuation standards. COMMENTS: 1)Purpose. 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 federally related transactions [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 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. In 1989, as a result of the savings and loan crisis, Congress adopted the Federal Financial Institutions Reform, Recovery and Enforcement Act (FIRREA) mandating states to license and certify real estate appraisers who appraise AB 624 Page 3 property for FRTs. FRTs are transactions involving loans made, guaranteed or insured by federally-supervised financial institutions. 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. While federal law requires that FRT appraisals be performed in compliance with the USPAP, California law goes beyond this requirement and requires compliance with USPAP for all appraisals performed by California licensed and certified appraisers, whether federally-related or not, and thus, imposes duties beyond those 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. The author contends that 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 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. This bill seeks to address this problem by authorizing AB 624 Page 4 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 Legislation. AB 1317 (Frazier), Chapter 352, Statutes of 2013, per the Governor's Reorganization Plan No. 2, moved the former Office of Real Estate Appraisers from 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. Analysis Prepared by:Jennifer Swenson / APPR. / (916) 319-2081