Residential property insurance.
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AB 2436 — Residential property insurance.
Last action — From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on INS.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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3Passed Assembly
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2019-2020 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Existing law generally regulates residential property insurance. Existing law prescribes the standard form of the California Residential Insurance Disclosure, which sets forth a description of certain types of insurance coverage, and explains that building code upgrade coverage covers additional costs to comply with building codes in effect at the time of loss or rebuilding. Existing law requires specified information, including whether or not the policy provides building code upgrade coverage for the increased costs of repairing or replacing damage because of building ordinances or laws, to be included on the declarations page of a residential property insurance policy. Under an open policy that requires payment of actual cash value, existing law requires the measure of the actual cash value recovery for either a total or partial loss to the structure or its contents to be the amount it would cost the insured to repair, rebuild, or replace the thing lost or injured less a fair and reasonable deduction for physical depreciation based upon its condition at the time of the injury or the policy limit, whichever is less. Under existing law, a deduction for physical depreciation under actual cash value coverage applies only to components of a structure that are normally subject to repair and replacement during the useful life of that structure. This bill would require an open policy of residential property insurance, except as specified, that provides replacement cost coverage, issued or renewed on or after July 1, 2021, to provide additional building code upgrade coverage of no less than 10% of the dwelling coverage policy limits. The bill would require building code upgrade coverage to be based on the increased costs associated with building ordinances and laws at the time of loss or rebuilding. The bill would further require, also on or after July 1, 2021, a policy of residential property insurance that provides replacement cost coverage to include specific information relating to building code upgrade coverage on the declarations page of the policy. The bill would require a policy of residential property insurance that does not provide building code upgrade coverage to include a statement on the declarations page of the policy that the policy does not include building code upgrade coverage. The bill would also amend the description of actual cash value coverage in the California Residential Insurance Disclosure to conform to the existing statutory requirements of an open policy that requires payment of actual cash value.
Bill Text
- Amended 07/23/20 - Amended Senate Current pdf July 23, 2020
- Amended 05/19/20 - Amended Assembly pdf May 19, 2020
- Introduced 02/19/20 - Introduced pdf February 19, 2020
- AB2436 View text html
Action History
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From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on INS.
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Referred to Com. on INS.
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In Senate. Read first time. To Com. on RLS. for assignment.
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Read third time. Passed. Ordered to the Senate. (Ayes 74. Noes 2. Page 4678.)
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Read second time. Ordered to third reading.
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Read second time and amended. Ordered returned to second reading.
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From committee: Amend, and do pass as amended. (Ayes 13. Noes 1.) (May 7).
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Referred to Com. on INS.
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From printer. May be heard in committee March 21.
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Read first time. To print.
Sponsors
- Bloom · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 121 not signed on
Sponsors (1)
- Bloom
Co-sponsors (0)
None.
Not signed on (121)
121 members have not signed on to this bill.
Show all 121 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 5 | 0 | 0 | 1 |
| Democratic | 21 | 0 | 0 | 1 |
| Unaffiliated | 48 | 2 | 0 | 1 |
| Total | 74 | 2 | 0 | 3 |
| % of votes cast | 94% | 3% | 0% | 4% |
How each member voted (79)
| Member | Party | Vote |
|---|---|---|
| Holden | — | Yea |
| Maienschein | — | Yea |
| Friedman | — | Yea |
| Cooper | — | Yea |
| Smith | — | Yea |
| Brough | — | Yea |
| Nazarian | — | Yea |
| Weber | — | Yea |
| Diep | — | Yea |
| Bigelow | — | Yea |
| Rendon | — | Yea |
| Rodriguez | — | Yea |
| McCarty | — | Yea |
| Low | — | Yea |
| Bloom | — | Yea |
| Burke | — | Yea |
| Daly | — | Yea |
| Cooley | — | Yea |
| Gloria | — | Yea |
| Mullin | — | Yea |
| Salas | — | Yea |
| Fong | — | Yea |
| Levine | — | Yea |
| Eggman | — | Yea |
| Medina | — | Yea |
| Waldron | — | Yea |
| Gonzalez | — | Yea |
| Wood | — | Yea |
| Kamlager | — | Yea |
| O'Donnell | — | Yea |
| Chiu | — | Yea |
| Chu | — | Yea |
| Cunningham | — | Yea |
| Jones-Sawyer | — | Yea |
| Ting | — | Yea |
| Gray | — | Yea |
| Chau | — | Yea |
| Mathis | — | Yea |
| Frazier | — | Yea |
| Obernolte | — | Yea |
| Mayes | — | Yea |
| Santiago | — | Yea |
| Voepel | — | Nay |
| Kiley | — | Nay |
| Quirk | — | Not Voting |
| Cristina Garcia | — | Yea |
| Eduardo Garcia | — | Yea |
| Jim Patterson | — | Yea |
| Luz Rivas | — | Yea |
| Mark Stone | — | Yea |
| Wendy Carrillo | — | Yea |
| Aguiar-Curry, Cecilia M. | Democratic | Yea |
| Arambula, Joaquin | Democratic | Yea |
| Bauer-Kahan, Rebecca | Democratic | Yea |
| Berman, Marc | Democratic | Yea |
| Boerner, Tasha | Democratic | Yea |
| Bonta, Mia | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Cervantes, Sabrina | Democratic | Yea |
| Gabriel, Jesse | Democratic | Yea |
| Gipson, Mike A. | Democratic | Yea |
| Grayson, Timothy S. | Democratic | Yea |
| Irwin, Jacqui | Democratic | Yea |
| Kalra, Ash | Democratic | Yea |
| Limón, Monique | Democratic | Yea |
| Muratsuchi, Al | Democratic | Not Voting |
| Petrie-Norris, Cottie | Democratic | Yea |
| Quirk-Silva, Sharon | Democratic | Yea |
| Ramos, James C. | Democratic | Yea |
| Reyes, Eloise Gómez | Democratic | Yea |
| Rivas, Robert | Democratic | Yea |
| Rubio, Blanca E. | Democratic | Yea |
| Wicks, Buffy | Democratic | Yea |
| Chen, Phillip | Republican | Yea |
| Choi, Steven S. | Republican | Not Voting |
| Dahle, Megan | Republican | Yea |
| Flora, Heath | Republican | Yea |
| Gallagher, James | Republican | Yea |
| Lackey, Tom | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 8 | 1 | 0 | 0 |
| Democratic | 4 | 0 | 0 | 0 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 13 | 1 | 0 | 0 |
| % of votes cast | 93% | 7% | 0% | 0% |
How each member voted (14)
| Member | Party | Vote |
|---|---|---|
| Cooley | — | Yea |
| Kamlager | — | Yea |
| Cooper | — | Yea |
| Frazier | — | Yea |
| Wood | — | Yea |
| Mayes | — | Yea |
| Daly | — | Yea |
| Bigelow | — | Yea |
| Voepel | — | Nay |
| Berman, Marc | Democratic | Yea |
| Gipson, Mike A. | Democratic | Yea |
| Grayson, Timothy S. | Democratic | Yea |
| Rivas, Robert | Democratic | Yea |
| Chen, Phillip | Republican | Yea |
Subjects
Frequently asked questions
- What does AB 2436 do?
- Existing law generally regulates residential property insurance. Existing law prescribes the standard form of the California Residential Insurance Disclosure, which sets forth a description of certain types of insurance coverage, and explains that building code upgrade coverage covers additional costs to comply with building codes in effect at the time of loss or rebuilding. Existing law requires specified information, including whether or not the policy provides building code upgrade coverage for the increased costs of repairing or replacing damage because of building ordinances or laws, to be included on the declarations page of a residential property insurance policy. Under an open policy that requires payment of actual cash value, existing law requires the measure of the actual cash value recovery for either a total or partial loss to the structure or its contents to be the amount it would cost the insured to repair, rebuild, or replace the thing lost or injured less a fair and reasonable deduction for physical depreciation based upon its condition at the time of the injury or the policy limit, whichever is less. Under existing law, a deduction for physical depreciation under actual cash value coverage applies only to components of a structure that are normally subject to repair and replacement during the useful life of that structure. This bill would require an open policy of residential property insurance, except as specified, that provides replacement cost coverage, issued or renewed on or after July 1, 2021, to provide additional building code upgrade coverage of no less than 10% of the dwelling coverage policy limits. The bill would require building code upgrade coverage to be based on the increased costs associated with building ordinances and laws at the time of loss or rebuilding. The bill would further require, also on or after July 1, 2021, a policy of residential property insurance that provides replacement cost coverage to include specific information relating to building code upgrade coverage on the declarations page of the policy. The bill would require a policy of residential property insurance that does not provide building code upgrade coverage to include a statement on the declarations page of the policy that the policy does not include building code upgrade coverage. The bill would also amend the description of actual cash value coverage in the California Residential Insurance Disclosure to conform to the existing statutory requirements of an open policy that requires payment of actual cash value.
- Who sponsors AB 2436?
- AB 2436 is sponsored by Bloom.
- What is the current status of AB 2436?
- This bill died with 2019-2020 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track AB 2436?
- Track AB 2436 free on One Click Politics — get push/email alerts when it moves.
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