BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1105


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          Date of Hearing:   April 15, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          AB  
          1105 (Daly) - As Introduced February 27, 2015


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          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


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          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  








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            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