BILL ANALYSIS Ó AB 1105 Page 1 Date of Hearing: April 15, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair AB 1105 (Daly) - As Introduced February 27, 2015 ----------------------------------------------------------------- |Policy |Local Government |Vote:|9 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: YesReimbursable: Yes SUMMARY: This bill repeals the January 1, 2016 sunset date for procedures that counties and cities must follow to release subdivision performance securities following the completion by developers of AB 1105 Page 2 required public improvements associated with new developments. FISCAL EFFECT: Although the bill may contain reimbursable mandated local costs, affected cities and counties have not filed a test claim for reimbursement during the ten years in which the procedures extended by this bill have been in effect. COMMENTS: 1)Purpose. According to the author, "Without action the timeframes and procedures for the release of performance securities established via SB 1019 (Correa), Chapter 174, Statutes of 2010 (and its predecessor, AB 1460 (Umberg) Chapter 411, Statutes of 2005), will expire. SB 1019 and AB 1460 have provided 10 years of operating experience under the established timeframes and procedures and it is now appropriate to make permanent." This bill, sponsored by California Building Industry Association, is intended to retain the procedures negotiated between builders and local agencies indefinitely. 2)Background. When a builder or developer builds a new subdivision, he or she provides the local jurisdiction with an improvement or performance bond to insure that the public improvements, such as streets, traffic signals, and parks that the developer provides are built to the city's or county's specifications and standards. The bond amount is sufficient to permit the construction to the specifications. The builder pays a surety company/insurer a premium to obtain the bond. When the work is completed, inspected and accepted by the local jurisdiction, the public works director or the local legislative body releases the bond. AB 1460 (Umberg), established procedures and timeframes for AB 1105 Page 3 the release of performance securities once homebuilders meet city or county specifications by completing required public improvements. AB 1460 represented a consensus approach, and had the support of California's homebuilders and local governments. The measure contained a January 1, 2011, sunset clause in order to determine the effectiveness of the program. SB 1019 (Correa), extended the sunset date for another five years, until January 1, 2016. Analysis Prepared by:Jennifer Swenson / APPR. / (916) 319-2081