BILL ANALYSIS Ó AB 1381 Page 1 ASSEMBLY THIRD READING AB 1381 (Weber) As Amended January 25, 2016 Majority vote ------------------------------------------------------------------- |Committee |Votes|Ayes |Noes | | | | | | | | | | | | | | | | |----------------+-----+----------------------+---------------------| |Business & |8-3 |Bonilla, Bloom, |Jones, Gatto, Wilk | |Professions | |Campos, Dodd, Holden, | | | | |Mullin, Ting, Wood | | | | | | | |----------------+-----+----------------------+---------------------| |Appropriations |12-3 |Gomez, Bloom, |Bigelow, Gallagher, | | | |Bonilla, Bonta, |Wagner | | | |Calderon, Daly, | | | | |Eggman, Eduardo | | | | |Garcia, Holden, | | | | |Quirk, Weber, Wood | | | | | | | | | | | | ------------------------------------------------------------------- SUMMARY: Requires real estate appraisers to obtain education in valuing sustainable real estate assets for purposes of meeting educational background requirements and continuing education requirements. This bill requires the Director of the Bureau of AB 1381 Page 2 Real Estate Appraisers (BREA), for purposes of establishing educational background requirements, to require education in valuing sustainable real estate assets, which include, but are not limited to, solar and wind power generation installations, and energy efficiency measures. FISCAL EFFECT: According to the Assembly Appropriations Committee, minor and absorbable costs to BREA. COMMENTS: Purpose. This bill is sponsored by the author. According to the author, "California has been at the forefront of the expansion of the green economy and has continued to make strides to support growth within the renewables market. As this growth continues it is critical that homeowners who make investments in renewable residential retrofits with the reasonable expectation of adding value to their homes are ensure to be assessed as such. Having required education for the appraisal of sustainable real estate assets makes sense as the way to make sure homeowners have these changes adequately valued." Background. In 1989, Congress adopted the Federal Financial Institutions Reform, Recovery and Enforcement Act (FIRREA), which requires states to license and certify real estate appraisers who appraise property for federally related transactions (FRTs), as a result of the savings and loan disaster. In short, FRTs are transactions involving loans made, guaranteed, or insured by federally supervised financial institutions. The FIRREA, and rules promulgated pursuant to that act, require 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. AB 1381 Page 3 The Appraisal Foundation also has an Appraisal Qualifications Board (AQB) that establishes the qualification criteria for state licensing, certification, and recertification of appraisers. FIRREA mandates that all state certified appraisers must meet the minimum education, experience, and examination requirements promulgated by the AQB. These criteria, among other things, establish four levels of real property appraiser classifications, which are reflected under California law, and have different education, experience, and scope of practice requirements. As of January 1, 2015: 1)Trainee Licensees may appraise any property which the supervising appraiser is permitted to appraise. Requires 150 education hours and does not require experience. 2)Residential Licensees may appraise any non-complex family property with up to four dwelling units with a transaction value up to $1 million, and non-residential property with a transaction value up to $250,000. Requires 150 education hours and 30 semester hours of college level education or an associate's degree or higher in any field and 2,000 hours of appraisal experience. 3)Certified Residential Licensees may appraise any family property with up to four dwelling units without regard to transaction value or complexity, and non-residential property with a transaction value of up to $250,000. Requires 200 education hours and a bachelor's degree or higher and 2,500 hours of appraisal experience. 4)Certified General Licenses may appraise all real estate, without regard to transaction value or complexity. Requires 300 education hours and 3,000 hours of appraisal experience. Background Education Requirements. Educational requirements for all certifications are based upon national standards AB 1381 Page 4 determined by the AQB, and require specific modules to be covered, such as basic appraisal principles and procedures and a 15-hour National USPAP course, or its equivalent. The AQB made changes relating to real estate appraiser qualifications which became effective January 1, 2015. Among other things, the qualifications specifically provide that case studies relating to special energy efficient items (i.e. "green buildings") may be used as a part of the curriculum required under certain education modules for certified residential and certified general licensees. It is unclear the extent to which these foundational courses already incorporate energy efficiency items. Continuing Education Requirements. The current term of a California real estate appraiser license is two years, and all licensed appraisers must meet minimum continuing education requirements (CEs) before renewing their license. A total of 56 hours of CEs are required every four years, although proof of completion of the seven-hour National USPAP Update Course, or its equivalent, is required every two years and must be submitted with each renewal application. Of the remaining hours, proof of completion of a four hour BREA approved course covering federal and state laws and regulations and remaining CE courses is required every four years. The cycle starts with the issuance date of the current license. Currently, the AQB allows, and the BREA may grant, CE credit for courses that cover topics including, but not limited to, energy efficient items and "green building" appraisals. Valuing Sustainable Real Estate Assets. According to the author, there have been concerns raised regarding the consistent assessment of solar and other renewable technologies when added to a home. While these retrofits are often relatively costly, they are worthwhile, considering the savings found in energy bills and a perceived increase in the value of the home, and research shows that sustainable real estate assets do indeed add value to a home. However, AB 1381 Page 5 according to "The Challenges of Valuing Green," published in the Winter 2015 issue of the Appraisal Journal, an industry publication, valuation professionals, real estate agents, and homebuyers face challenges in the process of valuing, selling, and purchasing green and energy efficient homes due to a lack of comparable properties and lack of data. When applied to homes, the term "green" can take a variety of meanings, which creates difficulty in the marketplace when valuing a home that has been classified as green or has energy efficient or high performance features. This bill would build upon current efforts to appropriately value green features by requiring the Bureau to require education in valuing sustainable real estate assets. Renewable Energy in California. According to the Solar Energy Industries Association (SEIA), in 2014, California installed 4,316 megawatts (MW) of solar electric capacity, and of this capacity, 615 MW were residential, 307 MW were commercial, and 3,395 MW were utility-scale. As of September 2015, the 11,535 MW of solar energy currently installed in California ranks first in the country in installed solar capacity. According to the SEIA, prices for solar systems for the residential market continue to drop year after year, and have fallen nearly 50% since 2010. In 2014, over 230,000 homes in California had solar panels. According to the March 2015, California Energy Commission's New Solar Homes Partnership Program (NSHP) Case Study, the NSHP, part of California's comprehensive statewide solar program, the California Solar Initiative, had the highest market penetration in Southern California, reaching 27% of new single-family homes in 2012. Market penetration was 8% in Northern California and 4% in Central California. AB 1381 Page 6 Analysis Prepared by: Gabby Nepomuceno / B. & P. / (916) 319-3301 FN: 0002593