BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 602


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          Date of Hearing:   June 24, 2015


                           ASSEMBLY COMMITTEE ON INSURANCE


                                   Tom Daly, Chair


          SB  
          602 (Monning) - As Amended  June 17, 2015


          SENATE VOTE:  38-0


          SUBJECT:  Seismic safety: California Earthquake Authority.


          SUMMARY:  Allows the California Earthquake Authority (CEA) to  
          establish a statewide property assessment district to finance  
          seismic safety upgrades.  Specifically, this bill:  


          1)Permits money from the Earthquake Loss Mitigation Fund (ELMF)  
            to be used to finance seismic retrofitting and to purchase  
            debt obligations issued to fund seismic retrofitting.


          2)Permits the CEA to establish a statewide property assessment  
            district to allow a property owner to submit to a contractual  
            assessment to finance seismic retrofitting of their property.   
            Under the contractual assessment the property owner makes  
            regular payments as part of the property tax bill.  


          3)Modifies existing requirements for establishing property  
            assessment districts to conform to the unique, statewide role  
            of the CEA.








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          EXISTING LAW:   





          1)Establishes the ELMF within the CEA to provide grants or loans  
            to dwelling owners who wish to retrofit their homes.



          2)Allocates five percent of CEA's annual investment income (up  
            to $5 million) to the ELMF.



          3)Allows local agencies to create assessment financing districts  
            for capital projects using liens imposed upon real property.



          4)Allows the public agencies to enter into voluntary contractual  
            assessment financing available to property owners for  
            improvements in the public interest.



          5)Declares the intent of the Legislature to utilize this  
            mechanism to finance voluntary individual efforts to improve  
            the seismic safety of homes and buildings, and make those  
            efforts more affordable.



          6)Provides authority for the legislative body of any city or  
            municipality to determine that bonds may be issued to pay for  
            specified works of improvement.








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          FISCAL EFFECT:  Undetermined




          COMMENTS:  


           1)Purpose  .  According to the author, this bill will allow the  
            CEA to create a new voluntary financing tool for homeowners to  
            mitigate and retrofit their homes. This bill would allow the  
            CEA to provide 100% financing for residential mitigation  
            projects that meet approved engineering guidelines. The loan  
            would become a lien on the property and allow homeowners to  
            pay for the costs in installments in the form of debt service  
            payments collected through existing property tax collection  
            mechanisms. The lien would "run with the land," staying with  
            the property upon sale. Up-front installation costs can deter  
            property owners from making seismic safety improvements, and  
            current law only authorizes "cities," "municipalities," and  
            "public agencies" to establish voluntary assessment programs  
            to finance seismic mitigation.  Furthermore, homeowners in  
            cities without earthquake mitigation assessment programs lack  
            access to financing tools that would allow them to make  
            seismic retrofits to their homes. This bill will provide those  
            property owners with the opportunity to take advantage of this  
            type of financing.


           2)Seismic Retrofits  .  The recent earthquake in Napa provided  
            important data on the importance of retrofitting. Although it  
            was a "moderate" quake, homes in Napa were thrown from their  
            foundations, and unreinforced masonry buildings collapsed.   
            Buildings that had not been retrofitted or built to modern  
            standards are now closed and are unlikely to reopen without  
            extensive repairs. Buildings that were retrofitted performed  
            well, however, and were able to reopen almost immediately.   
            Property owners can greatly reduce their exposure to  








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            earthquake damage by taking relatively simple, low cost steps  
            to strengthen their structures to better withstand  
            earthquakes. 




            In August 2011, the California Residential Mitigation Program  
            (CRMP) was established as a joint powers authority by the CEA  
            and the Governor's Office of Emergency Services, (Cal 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. The CRMP's first program,  
            launched  in 2013, is the "Earthquake Brace and Bolt" (EBB)  
            program, providing grants of up to $3,000 for homeowners who  
            have qualifying homes and meet specified building code  
            requirements. 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 the EBB, and 1.2 million of those  
            are in higher-hazard areas. Those numbers do not include  
            other, non-EBB types of homes that would benefit from seismic  
            retrofits. 


            The cost of EBB retrofits is coming in between $3,000 and  
            $6,000 for the single-family dwellings presently eligible.   
            But the more complicated the retrofit (e.g., for "soft-story"  
            and hillside houses), the more expensive the project will be.   
            Loans provided under the program created by this bill could be  
            used for projects similar to the EBB as well as for  
            retrofitting houses with soft first-stories (e.g., living  
            space over the garage), which can cost $10,000 to $20,000. The  
            program benefit would be flexible financing for both larger  
            and smaller residential projects. The roughly $25 million  
            available today through the ELMF is projected to fund the  
            retrofitting of approximately 6,000 homes in the next six  








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            years. 


           3)Contractual Assessments .  Existing law permits local  
            governments to use benefit assessments (mandatory charges to  
            property owners for public improvements, that benefit an  
            owner's property) to finance public projects like flood  
            control, street improvement and public landscaping.  As an  
            alternative to benefit assessments, cities and counties can  
            use "contractual assessments" to finance specific improvements  
            on individual parcels of private property.  Contractual  
            assessments may be levied only with the consent of the  
            affected property owner, who pays the assessment through the  
            property tax roll. The assessment constitutes a lien against  
            the affected property. 



            Several cities use voluntary contractual benefit assessment  
            programs to incentivize residential energy efficiency upgrades  
            under California's Property Assessed Clean Energy (PACE)  
            program.  The cities of San Francisco and Berkeley are in the  
            process of creating PACE-like contractual assessment programs  
            for seismic improvements, focused on commercial structures and  
            multi-family residential buildings. Current law also permits  
            public agencies to finance seismic safety work on private  
            property with a property owner's consent (AB 1700, Farr,  
            1992), and the Legislature has declared that contractual  
            benefit assessments for seismic retrofits would serve a public  
            purpose. 





           4)CEA  .  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  








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            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.


            The PSMP would not draw on CEA's capital or affect the CEA's  
            claim-paying capacity. Once the new program reaches  
            appropriate scale, the initial CEA-owned loan portfolio (and  
            the property-assessment liens that provide debt-service  
            payments) can be securitized through the CEA's issuance of  
            revenue bonds. CEA says it has recent, relevant experience  
            with all of the mechanisms involved in accessing the debt  
            market and presently has over $600 million in investment-grade  
            debt outstanding. At the point of bond issuance, the CEA would  
            be repaid in full-and the loan portfolio would be owned by the  
            investors who purchased the bonds. CEA would then continue to  
            act as initial lender on subsequent loans.


          REGISTERED SUPPORT / OPPOSITION:










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          Support


          Automobile Club of Southern California (Auto Club)


          Department of Insurance


          R Street Institute




          









          Opposition


          None received




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











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