Bill Text: CA SB335 | 2015-2016 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Earthquake insurance.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2015-07-15 - Chaptered by Secretary of State. Chapter 97, Statutes of 2015. [SB335 Detail]

Download: California-2015-SB335-Introduced.html

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BILL NUMBER: SB 335	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Roth

                        FEBRUARY 23, 2015

   An act to amend Section 10082.5 of the Insurance Code, relating to
earthquake insurance.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 335, as introduced, Roth. Earthquake insurance.
   Existing law prohibits an insurer who charges an additional
earthquake insurance premium or deductible because a dwelling fails
to meet certain building requirements relating to earthquake bracing
from charging the additional premium or deductible if the dwelling is
brought into compliance with those requirements, as specified.
Existing law requires a copy of the approved inspection record for
the building permit for work performed to bring the dwelling into
compliance to be submitted by the insured to the insurer in order to
verify that the retrofits have been performed.
   This bill would require the additional premium or deductible paid
to be refunded to the insured and prorated as of the date the
approved inspection record is received by the insurer. The bill would
also make technical nonsubstantive, changes by deleting obsolete
portions of those provisions.
   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 10082.5 of the Insurance Code is amended to
read:
   10082.5.  (a) If an insurer subject to this chapter charges an
additional earthquake insurance premium or deductible because a
dwelling fails to comply with paragraph (1), (2),  (3), (4),
or (5)   or (3)  and the dwelling is subsequently
brought into compliance with any one of these paragraphs, then the
additional premium or deductible attributed to noncompliance shall
not be charged. 
   (1)  Until December 31, 2008, compliance with the foundation
anchor bolt requirements of subdivision (f) of Section 2907 of
Chapter 29 of the 1991 edition of the Uniform Building Code of the
International Conference of Building Officials, or a successor
building code adopted by the State of California, or with any local
government modifications to those requirements.  
   (2)  Until December 31, 2008, compliance with the bracing
requirements for cripple walls of paragraph (4) of subdivision (g) of
Section 2517 of Chapter 25 of the 1991 edition of the Uniform
Building Code of the International Conference of Building Officials,
or a successor building code adopted by the State of California, and
with any local government modifications to those requirements.
 
   (3) 
    (1)  Compliance with Section 19215 of the Health and
Safety Code for the bracing, anchoring, or strapping all water
heaters to resist falling or horizontal displacement due to
earthquake motion. 
   (4) Commencing on January 1, 2009, compliance 
    (2)     Compliance  with the
foundation anchor bolt requirements of the 2007 edition of the
California Building Standards Code as specified in Title 24 of the
California Code of Regulations, or a successor edition of that code,
or with any local government modifications to those requirements.

   (5) Commencing on January 1, 2009, compliance 
    (3)     Compliance  with the bracing
requirements for cripple walls of the 2007 edition of the California
Building Standards Code as specified in Title 24 of the California
Code of Regulations, or a successor edition of that code, or with any
local government modifications to those requirements.
   (b)  A copy of the approved inspection record for the building
permit for work performed pursuant to this section shall be submitted
by the insured to the insurer in order to verify that retrofits
performed pursuant to this section have been performed.  The
additional premium or deductible paid shall be refunded to the
insured and prorated as of the date the approved inspection record is
received by the   insurer.