BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON INSURANCE
                             Senator Richard Roth, Chair
                                2015 - 2016  Regular 

          Bill No:              AB 1440       Hearing Date:    June 24,  
          2015
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          |Author:    |Nazarian                                             |
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          |Version:   |April 20, 2015    Amended                            |
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          |Urgency:   |No                     |Fiscal:    |Yes              |
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          |Consultant:|Erin Ryan                                            |
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                Subject:  Earthquake loss mitigation: grant programs.


           SUMMARY     Recognizes the California Residential Mitigation Program  
          (CRMP), a joint powers authority (JPA) created in 2012 by the  
          California Earthquake Authority (CEA) and Office of Emergency  
          Services (OES) to provide grants to residential homeowners for  
          the purpose of defraying the cost of seismic retrofitting, among  
          other purposes; and requires, if the legislature appropriates  
          funds, the CRMP to implement a grant program and, on or after  
          July 1, 2017, make grants that assist a qualifying owner of a  
          single-family residential structure that defray the owner's cost  
          of seismic retrofitting of the structure, as specified.
          
           
          DIGEST
            
          Existing law
            
           1)  Provides that no policy of property insurance may be issued or  
              delivered in this state unless the insurer has been offered  
              earthquake insurance (mandatory offer).

           2)  Defines a residential property for purposes of the mandatory  
              offer as individually owned residential structure of not more  
              than 4 dwelling units.

           3)  Establishes the CEA, a privately financed, publicly managed  
              entity to provide residential earthquake insurance. 








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           4)  Defines residential earthquake insurance as a policy  
              insuring individually owned residential structures with no  
              more than four dwelling units. 

           5)  Establishes the Earthquake Loss Mitigation Fund (ELMF)  
              within the CEA to provide grants or loans to dwelling owners  
              who wish to retrofit their homes. (Insurance Code § 10089.37  
              et seq.)

           6)  Allocates to the ELMF five percent of CEA's investment  
              income, or $5 million, whichever is less, annually.

           7)  Requires the OES to carry out a variety of duties with  
              respect to emergency preparedness, mitigation, and response  
              activities in the state, including earthquake education and  
              preparedness activities.

           

          This bill

           1)Makes legislative findings regarding the impact recent  
            earthquakes have had on increasing interest in mitigating the  
            damage to residential homes from earthquakes, the Earthquake  
            Brace + Bolt (Brace + Bolt) program operated jointly by the  
            CEA and the OES, the low take-up rate for earthquake  
            insurance, and the need to create and fund a program to assist  
            California homeowners with earthquake mitigation repairs.

          2)Recognizes the CRMP, a JPA created in 2012 by the CEA and OES  
            to provide grants to residential homeowners for the purpose of  
            defraying the cost of seismic retrofitting, among other  
            purposes.

          3)Requires, if the legislature appropriates funds, the CRMP to  
            implement a grant program and, on or after July 1, 2017, make  
            grants that assist a qualifying owner of a single-family  
            residential structure that defray the owner's cost of seismic  
            retrofitting of the structure. 

          4)Requires an applicant for a grant to meet specified  
            conditions, including:

               a.     The applicant is the owner of record, and lives in  








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                 the structure to be retrofitted;
               b.     The structure is a single-family, detached,  
                 residential building of not more than 4 dwelling units;
               c.     The structure and work to be done meet eligibility  
                 requirements established by the JPA.

          5)Specifies the grant cannot exceed the lesser 75% of the  
            qualifying retrofit, or $3,000.

          6)Requires the CRMP governing board to adopt policies and  
            procedures necessary to implement this program.  


           COMMENTS
            
          1.  Purpose of the bill   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  
              Brace + Bolt, which is administered by the CRMP, 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.  Background    Currently, fewer than 12% of California  
              homeowners purchase earthquake insurance, despite  
              predictions that the state will experience a major  
              earthquake sometime in the next 30 years. The low frequency  
              of earthquake disasters, compared to other natural  
              catastrophes, tends to shape the perception that earthquake  
              risk is much lower than it actually is, even in places where  
              there have been very deadly and damaging events like  
              California.  In addition, earthquake insurance policies can  
              be expensive and carry large deductibles, making them  
              unattractive to homeowners who are not mandated to carry  
              such coverage by their lenders.
               
               Homeowners can greatly reduce their exposure to earthquake  
              damage by taking relatively simple, low cost steps to  








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              strengthen their structures to better withstand earthquakes.  
              An additional benefit to homeowners of seismic retrofitting  
              is the availability of discounts on earthquake insurance  
              premiums as a result of the lower risk of damage to their  
              home.

              In August 2011, the CRMP was established as a JPA entity by  
              the CEA and OES to carry out mitigation programs to assist  
              California homeowners who wish to seismically retrofit their  
              houses.  CRMP's goal is to provide grants and other types of  
              assistance and incentives for these mitigation efforts.  
              Brace + Bolt, the CRMP's first program launched  in 2013,   
              provides grants of up to $3,000 for homeowners who have  
              qualifying homes and meet specified building code  
              requirements. The cost of Brace + Bolt retrofits is coming  
              in between $3,000 and $6,000 for the single-family dwellings  
              presently eligible-the cost seems to be lower in Southern  
              California than in the Bay Area. But the more complicated  
              the retrofit (e.g., for "soft-story" and hillside houses),  
              the more expensive the project will be.  

              According to the CEA, 16 homes have qualified and completed  
              retrofits under the program, and 650 retrofits are planned  
              in 2015.  CEA estimates that there are approximately 1.6  
              million owner-occupied houses in California that meet the  
              criteria of Brace + Bolt-1.2 million of those are in  
              higher-hazard areas. Those numbers do not include other,  
              non-Brace + Bolt eligible homes that would benefit from  
              seismic retrofits. 

              Without any appropriation in the budget, this bill simply  
              codifies the existing CRMP. It is committee staff's  
              understanding that language that mirrors this bill and AB  
              1429, also before this committee today, has been included in  
              a budget trailer bill, along with an appropriation to  
              increase funding for CRMP to award earthquake mitigation  
              grants. 


           3.  Support    According to the Insurance Commissioner, AB 1440  
              will expand on Brace + Bolt and scale it into a statewide,  
              sustainable earthquake retrofit incentive program.  United  
              Policyholders supports AB 1440 because they encourage people  
              who live in earthquake country to protect their investment  








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              in their home by retrofitting, buying earthquake insurance,  
              and by setting aside funds to pay for repairs below the  
              deductible. They believe that providing incentives to  
              homeowners to retrofit in the form of monetary grants is  
              good public policy.

          4.  Opposition    None received.

           
          5.  Questions    Without any appropriation, this bill simply  
              codifies the existing CRMP, already operating under existing  
              authorities. Language that mirrors this bill and AB 1429,  
              also before this committee today, has been included in a  
              budget trailer bill, along with an appropriation to increase  
              funding for CRMP to award earthquake mitigation grants.  Is  
              this legislation necessary? 


           6.  Related Legislation   

              AB 1429 (Chiu) would require the CRMP to implement a grant  
              program, on or after July 1, 2017, for qualifying owners of  
              multiunit residential structures that defrays the owner's  
              cost of seismic retrofitting of the structure if the  
              legislature appropriates money for that purpose.

              SB 602 (Monning) adds the CEA to the list of public entities  
              authorized to utilize property assessment districts, impose  
              liens and issue bonds for the purpose of creating a  
              statewide earthquake mitigation assessment district to fund  
              voluntary residential seismic strengthening improvements.

              AB 428 (Nazarian) would allow, for taxable years beginning  
              on or after January 1, 2016, and before January 1, 2021, a  
              tax credit under the Personal Income Tax Law and the  
              Corporation Tax Law in an amount equal to 30% of the  
              qualified costs paid or incurred by a qualified taxpayer for  
              any seismic retrofit construction on a qualified building,  
              as defined. 

           

          POSITIONS
            








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          Support
           
          California Department of Insurance (sponsor) 
          California Association of Realtors
          City of West Hollywood
          United Policyholders  

          Oppose
               
          None received

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