BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1429


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          Date of Hearing:  April 22, 2015


                           ASSEMBLY COMMITTEE ON INSURANCE


                                   Tom Daly, Chair


          AB 1429  
          (Chiu) - As Amended April 20, 2015


          SUBJECT:  Earthquake loss mitigation:  grant programs


          SUMMARY:  Establishes a grant program for the seismic retrofit  
          of multi-family structures with low-income tenants.   
          Specifically, this bill:  





          1)Requires the California Earthquake Authority (CEA) to form a  
            joint powers authority (JPA) with the Office of Emergency  
            Services (OES) to develop a seismic retrofit grant program for  
            multi-family housing.



          2)Limits grant funding from this program to structures that meet  
            the following requirements:



               a.     The structure has 5-10 dwelling units.










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               b.     The tenants are all low-income.



               c.     The structure meets eligibility requirements that  
                 will be established by the JPA.



          3)Requires the JPA to adopt regulations defining the type and  
            location of structures eligible for grant funding.



          4)Requires the JPA to adopt regulations to establish the  
            criteria for determining grant amounts and commence operations  
            July 1, 2017.



          5)Makes findings and declarations regarding earthquake  
            mitigation efforts and the need for residential seismic  
            retrofit programs.



          EXISTING LAW:  


          1)Establishes the CEA as a publicly managed insurer to provide  
            residential earthquake insurance.

          2)Defines residential earthquake insurance as a policy  
            protecting a residence with four or fewer dwelling units.

          3)Requires OES to perform a variety of duties with respect to  
            specified emergency preparedness, mitigation, and response  
            activities in the state, including emergency medical services.








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          4)Establishes the Earthquake Loss Mitigation Fund (mitigation  
            fund) as a sub-account with the CEA Fund and directs the fund  
            to transfer 5% of its investment earnings into the fund each  
            year.  This fund is available to pay for research and  
            mitigation programs undertaken by the CEA.

          5)Allows public agencies to form JPAs for the exercise of shared  
            powers.



          FISCAL EFFECT:  Undetermined


          COMMENTS:  





           1)Purpose  .  The author states that he (as the former president  
            of the San Francisco Board of Supervisors) helped lead the  
            City's efforts to prepare for and mitigate the damage from  
            earthquakes.   However, only 12% of California homeowners have  
            earthquake insurance, and there are between 1.2 to 1.6 million  
            pre-1940s homes with so called "cripple walls," and homes on  
            hillsides, and those with living space over garages that are  
            at serious risk in even a minor quake, let alone a major one.   
            California has an existing seismic mitigation incentive  
            program called Earthquake Brace + Bolt (EBB), which is  
            administered by the California Residential Mitigation Program,  
            but it is limited to only 650 homes in the Bay Area, LA County  
            and Napa.  The goal of this legislation is to expand on Brace  
            + Bolt and create a statewide earthquake retrofit program to  
            cover the tens of thousands of small multi-family residential  
            structures that need retrofitting.










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           2)Brace + Bolt  .  The EBB program was created by the California  
            Residential Mitigation Program, which is a joint power  
            authority between the CEA and the OES.  The EBB was developed  
            to help homeowners lessen the potential for damage to their  
            houses during an earthquake. A residential seismic retrofit  
            strengthens an existing house, making it more resistant to  
            earthquake activity such as ground shaking and soil failure,  
            by bolting the house to its foundation and adding bracing  
            around the perimeter of the crawl space.  The EBB program  
            provides homeowners up to $3,000 to strengthen their  
            foundation and lessen the potential for earthquake damage. A  
            typical retrofit may cost between $2,000 and $10,000 depending  
            upon the location, the size of the house, and the amount of  
            work involved. The bill would require the JPA to develop the  
            program requirements for small, multi-family residential  
            structures along the lines of the existing EBB program, but  
            the requirements for these larger structures are significantly  
            different and more costly than those for typical single family  
            housing units.  

           3)California Earthquake Authority  .  The CEA was formed through  
            legislation in 1995 and 1996 to address an  
            insurance-availability crisis that followed the 1994  
            Northridge earthquake. After that earthquake, many homeowners  
            found it difficult or impossible to find basic homeowner's  
            insurance. Many others were faced with the prospect of having  
            their homeowners' insurance non-renewed as insurance companies  
            tried to shed their exposure to earthquake risk.  Because  
            state law requires insurers to offer earthquake insurance to  
            their applicants and holders of residential policies, the  
            insurers' retreat from the California market resulted in an  
            availability crisis for both homeowners and earthquake  
            insurance. The Department of Insurance reported in the summer  
            of 1996, at the height of the crisis, that 95 percent of the  
            homeowners' insurance market had either stopped, or severely  
            restricted, sales of new homeowners' policies.  After the CEA  
            began operations in December 1996, the California homeowners'  
            insurance market recovered quickly. A Department of Insurance  








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            report noted that at the peak of the availability crisis, 82  
            insurers had restricted the sale of new homeowners' insurance  
            policies.  By October 1997, only three insurers were  
            restricting the sale of new policies.  Since that time, the  
            requirement to offer earthquake insurance has not been a  
            factor in restricting the availability of homeowners'  
            insurance.


          


          REGISTERED SUPPORT / OPPOSITION:




          Support


          Department of Insurance (sponsor)


          California Apartment Association


          United Policyholders




          Opposition


          None received












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          Analysis Prepared by:Paul Riches / INS. / (916) 319-2086