BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1440


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          Date of Hearing:  April 22, 2015


                           ASSEMBLY COMMITTEE ON INSURANCE


                                   Tom Daly, Chair


          AB 1440  
          (Nazarian) - As Amended April 20, 2015


          SUBJECT:  Earthquake loss mitigation:  grant programs


          SUMMARY:  Establishes the statutory structure for seismic  
          retrofit grant program for individual homeowners.  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  
            individual homeowners.



          2)Limits grant funding from this program to individual  
            homeowners and grant amounts to 75% of retrofit costs or  
            $3,000.
             


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








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          4)Requires the JPA to adopt regulations to establish the  
            criteria for determining grant amounts.



          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.

          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.









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          FISCAL EFFECT:  Undetermined


          











          COMMENTS:  





           1)Purpose  .  According to the author, only 12% California  
            homeowners have earthquake insurance, but 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 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 tens of thousands of more homes.

           2)Brace + Bolt  .  The EBB program was created by the California  
            Residential Mitigation Program, which is a joint power  
            authority between the California Earthquake Authority and the  








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            Governor's Office of Emergency Services.  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. 

           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  
            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.
          








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          REGISTERED SUPPORT / OPPOSITION:





          Support





          Department of Insurance (sponsor)


          United Policyholders





          Opposition





          None received








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