BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          AB 624 (Wilk) - Real estate appraisers:  standards of conduct
          
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          |Version: June 22, 2015          |Policy Vote: B., P. & E.D. 6 -  |
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          |Urgency: No                     |Mandate: No                     |
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          |Hearing Date: July 13, 2015     |Consultant: Mark McKenzie       |
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          This bill meets the criteria for referral to the Suspense File. 







          Bill  
          Summary:  AB 624 would authorize licensed real estate appraisers  
          to use a standard of valuation practice approved by the Bureau  
          of Real Estate Appraisers (BREA) for performing nonfederally  
          related appraisal activities, as specified.


          Fiscal  
          Impact:  
           The BREA estimates costs of approximately $110,000 in 2016-17  
            and $102,000 in 2017-18 for 1 PY of staff to develop and adopt  
            regulations regarding the approval of nationally or  
            internationally recognized valuation standards. (Real Estate  
            Appraisers Regulation Fund)







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           BREA indicates costs of $150,000 in 2016-17 to develop  
            specialized investigator training related to any new valuation  
            standards.  These costs could be ongoing to the extent  
            additional valuation standards are approved by the BREA.   
            (Real Estate Appraisers Regulation Fund)
           Additional BREA costs of approximately $50,000 annually,  
            beginning in 2017-18, to contract for subject matter experts  
            to assist in training development and provide expert witness  
            testimony for enforcement cases. (Real Estate Appraisers  
            Regulation Fund)


          Background:  Following the Savings and Loan crisis in the 1980s, the  
          federal government enacted the Financial Institutions Reform,  
          Recovery, and Enforcement Act (FIRREA) in 1989.  Included in  
          FIRREA was the establishment of a federal regulatory structure  
          for oversight of real estate appraisal activity performed in  
          conjunction with federally related transactions (FRTs: those  
          requiring loans made, guaranteed, or insured by  
          federally-supervised financial institution).  Federal law  
          requires real estate appraisals used in conjunction with FRTs to  
          be performed in writing, and in accordance with uniform  
          standards, by appraisers whose competency has been demonstrated  
          and whose professional conduct will be subject to effective  
          supervision.  Existing federal law establishes the Uniform  
          Standards of Professional Appraisal Practice (USPAP) as the  
          minimum standard for appraisals used for FRTs.  USPAP contains  
          standards for appraisal services including real property,  
          personal property, business valuation, and mass appraisal, and  
          also contains ethics, record keeping, competency, and  
          jurisdictional exception rules for all aspects of an appraisal  
          assignment.  These standards are updated every two years through  
          a transparent, public process. 
           
          Existing state law, the Real Estate Appraisers Licensing and  
          Certification Law was enacted by the California Legislature in  
          1990 in response to FIRREA, and establishes the BREA as the  
          licensing and enforcement body for appraisal activity.  The  
          licensing unit of the Bureau sets the minimum requirements for  
          education and experience according to criteria set by the  
          federal Appraisal Subcommittee and California law to ensure that  
          only qualified persons are licensed to conduct appraisals in  
          federally related real estate transactions.  Applicants must  
          meet the minimum education and experience requirements and  








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          successfully complete a nationally approved examination.  The  
          BREA's enforcement unit, which also operates under federal  
          enforcement mandates, ensures adherence to the  
          federally-required USPAP, California laws, and other regulations  
          by investigating complaints of violations of national appraisal  
          standards filed against licensed appraisers.




          Proposed Law:  
            AB 624 would authorize licensed appraisers to use a standard  
          of valuation practice other than USPAP when performing  
          nonfederally related appraisal activity, if that practice is  
          disclosed to, and agreed upon, by the client and the practice is  
          described in the appraisal.  This bill would also do the  
          following:
           Specify that "nonfederally related real estate appraisal  
            activity" is the performance of an appraisal on real estate or  
            real property for any purpose other than a FRT.
           Define "standard of valuation practice" as any nationally or  
            internationally recognized valuation standard approved by the  
            BREA.
           Clarify that USPAP constitutes the minimum standard of conduct  
            and performance for federally related real estate appraisal  
            activity.
           Require a licensee that uses a standard of valuation practice  
            other than USPAP to comply with ethics, record keeping,  
            competency, and scope of work rules specified in the 2014-15  
            edition of USPAP.


          Staff  
          Comments:  This bill is intended to authorize licensed and  
          certified appraisers to use alternate standards of valuation  
          approved by the BREA instead of USPAP when performing appraisal  
          activity for non-FRTs.  While there are other recognized  
          (primarily internationally recognized) valuation standards,  
          California law related to appraisal activity has been structured  
          around the federal USPAP standards and licensed activities  
          related to FRTs.  As such, the BREA would need to develop and  
          adopt regulations to review and approve other valuation  
          standards, and train its investigator and enforcement staff on  
          any new standards that are approved by the Bureau.  








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          BREA estimates staffing costs of $110,000 in 2016-17 and  
          $102,000 in 2017-18 to develop and adopt regulations to  
          establish an application and review process for approving  
          alternate valuation standards.  Due to the complexities of these  
          valuation standards, volume of information involved in assessing  
          standards, and expectations of significant interest among  
          stakeholders, the BREA expects significant workload associated  
          with these regulations.


          BREA expects to incur additional costs to develop a specialized  
          investigator training program to foster necessary expertise on  
          any new standards that are adopted.  Preliminary estimates  
          indicate these costs would be approximately $150,000, and could  
          be ongoing to the extent multiple valuation standards are  
          approved.  Lastly, BREA also expects to require contracts of  
          approximately $50,000 each year for subject-matter experts to  
          assist in the development of specialized training and to serve  
          as expert witnesses in enforcement cases.




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