BILL NUMBER: AB 480 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 23, 2011
AMENDED IN SENATE JUNE 10, 2011
AMENDED IN SENATE JUNE 2, 2011
INTRODUCED BY Assembly Member Solorio
FEBRUARY 15, 2011
An act to add Section 1760.11 to amend
Section 1760 of the Insurance Code, relating to insurance.
LEGISLATIVE COUNSEL'S DIGEST
AB 480, as amended, Solorio. Insurance: solid waste facilities.
Existing law regulates solid waste facilities and requires that
any person owning or operating a solid waste landfill submit evidence
of financial ability to provide for the cost of closure and
postclosure maintenance, except as specified. Existing law provides
that if the evidence of financial ability for closure, postclosure,
or corrective action is demonstrated by use of insurance, either
through an independent insurer or where the insurance carrier is
established by a solid waste facility operator to meet the financial
assurance obligations of that operator, the insurance mechanism may
be approved if the insurance carrier meets specified requirements.
This bill would specify that an insurance carrier established by a
solid waste facility operator to meet the financial assurance
obligations of that operator that meets all of those specified
requirements shall be eligible to provide that insurance and shall
not be required to be a California admitted insurer nor be required
to provide the insurance through a surplus line broker.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1760 of the
Insurance Code is amended to read:
1760. (a) Any person (1)
A home state insured, as defined in subdivision (f) of Section
1760.1, may negotiate and effect insurance to protect himself,
herself, or itself against loss, damage, or liability with any
nonadmitted insurer.
(2) Notwithstanding any other law, an issuer of an insurance
policy that meets all of the requirements of paragraph (2) of
subdivision (e) of Section 43601 of the Public Resources Code shall
be eligible to provide the insurance described in that subdivision.
An issuer of an insurance policy pursuant to this section shall not
be required to be a California admitted insurer, nor be required to
provide the insurance through a surplus line broker.
(b) Every person home state insured
that effects insurance governed by this chapter shall pay the tax
imposed by Part 7.5 (commencing with Section 13201) of Division 2 of
the Revenue and Taxation Code.
SECTION 1. Section 1760.11 is added to the
Insurance Code, to read:
1760.11. Notwithstanding any other law, an issuer of an insurance
policy that meets all of the requirements of paragraph (2) of
subdivision (e) of Section 43601 of the Public Resources Code shall
be eligible to provide the insurance described in that subdivision.
An issuer of an insurance policy pursuant to this section shall not
be required to be a California admitted insurer, nor be required to
provide the insurance through a surplus line broker.