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CC SR 20220816 02 - CDI Fire Insurance CITY COUNCIL MEETING DATE: 08/16/2022 AGENDA REPORT AGENDA HEADING: Regular Business AGENDA TITLE: Consideration and possible action to receive a presentation from the California Department of Insurance. RECOMMENDED COUNCIL ACTION: (1) Receive and file a presentation from the California Department of Insurance on the Safer from Wildfires program and on community concerns regarding fire insurance. FISCAL IMPACT: None Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Jesse Villalpando, Senior Administrative Analyst REVIEWED BY: Karina Bañales, Deputy City Manager APPROVED BY: Ara Mihranian, AICP, City Manager ATTACHED SUPPORTING DOCUMENTS: A. Safer From Wildfire One-Page Overview (page A-1) B. California Department of Insurance slide presentation (page B -1) BACKGROUND AND DISCUSSION: Led by Insurance Commissioner Ricardo Lara, the California Department of Insurance is the consumer protection agency for the nation's largest insurance marketplace and safeguards all of the state’s consumers by fairly regulating the insurance industry. Und er the Commissioner’s direction, the department uses its authority to protect Californians from insurance rates that are excessive, inadequate, or unfairly discriminatory ; oversee insurer solvency to pay claims; set standards for agents and broker licensing; and perform market conduct reviews of insurance companies; resolve consumer complaints; and investigate and prosecute insurance fraud. In the wake of destructive fire seasons, homeowners in areas of California that are at high risk for wildfires have reported losing their homeowners’ insurance or seeing their 1 premiums skyrocket. As a result, many have been left to seek expensive, limited coverage through the California Fair Access to Insurance Requirements (FAIR) Plan as a last resort. In response to this trend, in February 2021, Insurance Commissioner Ricardo Lara and emergency management leaders in Governor Newsom's Administration announced Safer from Wildfires, a new insurance framework incorporating wildfire safety measures to help save lives while making homes and businesses more resilient. This is the first time state agencies have been brought together to identify mitigation actions that insurance companies should consider for existing homes and businesses. Safer from Wildfires provides a list of achievable, effective actions that will help reduce the risk for property owners, including community-wide safety recommendations to prevent the spread of wildfire to other properties. The interagency partnership took a “ground up” approach, meeting with first responders, consumers, and researchers to identify a consistent approach with three layers of protection — for the structure, the immediate surroundings, and the community. Safer from Wildfires includes community- wide approaches that can help prevent wildfires from catching and spreading to other homes and businesses in the neighborhood. The framework consists of three pillars: protecting the structure by installing fire-resistant vents and upgraded windows; protecting the immediate surroundings such as through the creation of defensible spaces around a home; and working together as a community by creating evacuation plans and keeping communication with local or state fire agencies. The full list of proposed mitigation actions is available to download from the Department of Insurance website. Additionally, a one-page fact sheet overview of the Safer From Wildfire Framework is included in this report as Attachment A . While California has existing wildfire building standards for new development as established by Cal Fire, this partnership established a framework that is consistent, based in fire science, and applies to retrofits for older existing homes to help them seek and maintain insurance coverage, giving policyholders and insurance companies a shared strategy for reducing wildfire risks. In conjunction with Safer from Wildfires, Commissioner Lara is working to increase wildfire safety insurance incentives for consumers. Currently, more than a dozen insurance companies offer discounts for safer homes and communities, and more companies are expressing interest. The amount of interest from insurance companies to offer mitigation discounts has grown from just 7% of the market just three years ago. A list of insurance companies currently offering discounts is available on the Department of Insurance website Although the City of Rancho Palos Verdes has not experienced a major wildfire in more than a decade, the City has received anecdotal reports of residents losing their fire insurance or seeing their premiums increase due to the City’s vulnerability to fires. This issue was explored in a September 2019 staff report. 2 Zuleimy Delgadillo, Outreach Analyst with Department of Insurance, has confirmed her attendance at tonight's meeting to provide the Council with an update on the Safer from Wildfires framework the department is developing and to address residents' concerns about losing their fire insurance or having their premiums increase. (Attachment B) 3 <"~\ Governor '~Officeofd Research (~ _J Planning an · .......... CALIFORNIA _ • Commission Public Utilities Safer from Wildÿres in 2 31 Safer from Wildÿres is an interagency partnership between Insurance Commissioner Ricardo Lara and the emergency response and readiness agencies in Governor Gavin Newsom’s administration to protect lives, homes, and businesses by reducing wildÿre risk. With California experiencing devastating, climate change-intensiÿed wildÿres, homes and businesses need insurance they can rely on. Commissioner Lara is using every tool available to improve insurance for our communities. Drawing on the direct experience of ÿrst responders and the latest research on wildÿres, the partnership created a consistent approach to reducing risk with a list of achievable and e°ective actions to help make existing homes and businesses safer from wildÿres. The ultimate goal is protecting consumers by reducing wildÿre risk in their communities, making insurance available and a°ordable for all Californians. This “ground up” approach for wildÿre resilience has three layers of protection — for the structure, the immediate surroundings, and the community — to prevent wildÿres from catching and spreading to other homes and businesses in the neighborhood. • Class-A Fire rated roof • Maintain a 5 foot ember-resistant zone around a home (including fencing within 5 feet) • Noncombustible 6 inches at the bottom of exterior walls • Ember and fire-resistant vents (See Low-Cost Retrofit List, and Chapter 7A) • Upgraded windows (Double paned or added shutters) • Enclosed eaves Protecting the structure 1 Working together as a community 3 • A community should have clearly deÿned boundary and a local risk assessment in consultation with the local ÿre district or state ÿre agency; an identiÿed evacuation route, cleared of vegetative overgrowth, and evacuation plan contingencies; clear funding sources to implement community mitigation activities and meet clear risk reduction goals; and integrated and up-to-date local planning documents pertinent to community wildÿre risk. • Current examples include the Fire Risk Reduction Community designation under development by the Board of Forestry, Firewise USA communities in good standing, and Shelter-in-Place designations. Commissioner Lara is working to increase available incentives for wildÿre safety. To view the list of insurance companies currently offering discounts visit insurance.ca.gov. • Cleared vegetation and debris from under decks • Removal of combustible sheds and other outbuildings from the immediate surroundings of the home, to at least a distance of 30 feet • Defensible space compliance (including trimming trees, removal of brush and debris from yard, and compliance with state law and local ordinances) Protecting the immediate surroundings 2 A-1 CALIFORNIA DEPARTMENT OF INSURANCE Zuleimy Delgadillo Outreach Analyst Wildfire Actions 1B-1 ROLE OF INSURANCE COMMISSIONER RICARDO LARA ▪Protect consumers ▪Maintain insurer solvency ▪Set standards for agents and broker licensing ▪Perform market conduct reviews of insurance companies ▪Resolve consumer complaints ▪Investigate and prosecute insurance fraud ▪Cannot require or compel insurance companies to sell insurance 2 B-2 Met with more than 25,000 people to hear wildfire and insurance concerns through 60 virtual events in 40 counties Since 2019 What CDI Has Done 3 B-3 Progress Report 4 •Removed barriers to allow wildfire survivors to receive critical insurance benefits •Coverage for evacuation expenses •Extensions to additional living expenses •Created disclosures and coverage to meet upgraded building codes •One year moratorium from non-renewals (More than 4 million policyholders protected) •Increased non-renewal notice from 45 to 75 days B-4 Improving the FAIR Plan $- $1 $2 $3 $4 $5 $6 $7 $8 $9 Businessowners Commercial Property Dwelling CoverageCoverage Limits (Millions)1990s 2022 5 B-5 Launched in January 2022, Safer from Wildfires is an interagency partnership between Insurance Commissioner Ricardo Lara and the state’s emergency response and readiness agencies to protect lives, homes, and businesses by reducing wildfire risk. B-6 7 B-7 8 B-8 9 B-9 10 Regulations to lower costs and increase transparency •Require insurance companies to factor consumers’ and businesses’ wildfire safety actions into their pricing •Provide consumers with transparency about their “wildfire risk score”that insurance companies assign to properties •Give consumers the right to appeal their risk determination •Public hearing was April 13 —regulations expected to be in effect by summer 2022 B-10 •The number of homeowners non-renewed by insurance companies fell by 10 percent statewide in 2020 compared to the previous year —a decrease of 22,870 policies. •Premium discounts now available to 2 out of every 5 consumers, with up to 20 percent discounts for wildfire-hardened homes –6x increase since 2019 It Is Working! 11 B-11 QUESTIONS? 12B-12