BILL ANALYSIS                                                                                                                                                                                                    Ó



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

          Bill No:             SB 336         Hearing Date:    April 22,  
          2015
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          |Author:    |Roth                                                 |
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          |Version:   |February 23, 2015                                    |
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          |Urgency:   |No                     |Fiscal:    |No               |
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          |Consultant:|Erin Ryan                                            |
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                       Subject:  Earthquake insurance:  rates


           SUMMARY     Recasts the premium discount or credit for seismic  
          retrofitting on California Earthquake Authority (CEA) policies  
          to require that the discount or credit be at least 5%.
          
           
          DIGEST
            
          Existing law
            
           1.  Establishes the California Earthquake Authority, a privately  
              financed, publicly managed entity to sell only earthquake  
              insurance;

           2.  Requires rates charged by the CEA to be actuarially sound so as  
              not to be excessive, inadequate or unfairly discriminatory;

           3.  Establishes factors to be included in rates, including, but not  
              limited to the location of the insured property and its  
              proximity to earthquake faults, the soil type on which the  
              dwelling is built, the construction type and features of the  
              dwelling, the age of the dwelling, and the presence of  
              earthquake hazard reduction factors;

           4.  Provides that CEA policyholders who have retrofitted their  
              homes to withstand earthquake shake damage according to  
              standards set by the CEA are entitled to a 5% premium discount  
              or credit;







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           5.  Allows the CEA board to approve a premium discount or credit  
              above 5% as long as it is actuarially sound.

           

          This bill

            1.  Recasts the premium discount for seismic retrofitting on  
              CEA policies to require that the discount or credit be at  
              least 5%. 


           


          COMMENTS
            
          1.  Purpose of the bill   To clarify the statute so that premium  
              discounts for seismic retrofitting match the reduction in  
              risk of homes that have been seismically retrofitted to  
              established standards. 


           2.  Background    According to data from the California  
              Department of Insurance, fewer than11% of homeowners in  
              California purchase earthquake insurance.  The CEA currently  
              writes about 73% of all residential earthquake insurance  
              policies in the state. 

              Earthquake insurance must be offered to all homeowners who  
              purchase homeowners' insurance but there is no requirement  
              for the homeowner to purchase it. Part of the reason for the  
              low take-up rate for earthquake insurance is its cost and  
              high deductibles. Providing discounted insurance to  
              homeowners who retrofit their homes is fiscally sound, may  
              incentivize homeowners to purchase earthquake insurance, and  
              reduces the future impact of a major earthquake.

              Existing law provides that CEA policyholders who have  
              retrofitted their homes according to standards established  
              by the CEA shall get a premium discount or credit of 5%.   
              The board may approve a premium or discount above 5% as long  
              as the discount or credit is determined to be actuarially  








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              sound.  The CEA has undertaken research to determine the  
              actuarial impact of retrofitting, and should offer the  
              largest discounts available that remain actuarially sound.

           3.  Support    According to the author, everything possible  
              should be done to encourage homeowners to both retrofit  
              their homes and protect themselves against a major  
              earthquake by purchasing earthquake insurance.  Those who do  
              choose to reduce future damage by retrofitting their homes  
              should get the full benefit of the reduction in risk to  
              their homes through lower earthquake insurance premiums.

           4.  Opposition    None received.

           
          5.  Prior and Related Legislation   SB 602 (Monning) allows the  
              CEA to create a new voluntary financing tool for homeowners  
              to mitigate and retrofit their homes against earthquake  
              damage.

           

          POSITIONS
            
          Support
           
          Community Associations Institute  



          Oppose
               
          None received


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