Section § 13900

Explanation

This law allows affordable housing organizations to collaborate with other similar organizations to jointly manage their insurance claims or losses. They can do this for various types of coverage, including liability insurance for harm caused by their actions, insurance for employees and board members against work-related liabilities, and coverage for property damage.

An affordable housing entity may join with one or more other affordable housing entities in an arrangement providing for the pooling of self-insured claims or losses with respect to any of the following:
(a)CA Insurance Code § 13900(a) Insurance covering all or any part of any tort liability.
(b)CA Insurance Code § 13900(b) Insurance covering any employee of the affordable housing entity against all or any part of his or her liability for injury resulting from an act or omission in the scope of employment.
(c)CA Insurance Code § 13900(c) Insurance covering any board member, officer, partner, manager, member, or volunteer of the affordable housing entity against any liability that may arise from any act or omission in the scope of participation with the affordable housing entity.
(d)CA Insurance Code § 13900(d) Insurance covering any loss arising from physical damage to motor vehicles, personal property, real property, or other property owned or operated by the affordable housing entity.

Section § 13901

Explanation

This law states that a certain type of pooling arrangement set up under this division is not considered insurance and doesn't have to follow usual insurance regulations.

Any affordable housing groups involved in such a pooling must get a written notice in at least 10-point font, explaining that the pool is not regulated by the state Insurance Commissioner and will not be protected by state insurance insolvency guaranty funds if the pool faces financial issues.

(a)CA Insurance Code § 13901(a) The pooling arrangement established pursuant to this division shall not be considered insurance, and shall not be subject to regulation under this code.
(b)CA Insurance Code § 13901(b) All affordable housing entities participating in a pooling arrangement established pursuant to this division shall be given written notice, in at least 10-point type, that the pool is not regulated by the Insurance Commissioner and that the state insurance insolvency guaranty funds are not available to safeguard its risk.

Section § 13902

Explanation

This section outlines the requirements for insurance pools created in California or operating in the state. These pools can be formed as nonprofit corporations, LLCs, partnerships, or trusts. They need at least $2.5 million in cash or cash equivalents to start and must have reinsurance to mitigate their risks. Each year, these pools have to send their audited financial statement and actuarial review to various state committees and the Insurance Commissioner within 180 days after their fiscal year ends. If there are changes in their financing or management, filed claims audit reports, received examination reports, or regulation changes, they need to include this information as well.

(a)CA Insurance Code § 13902(a) An insurance pool that is established pursuant to this division may be organized as a nonprofit corporation, limited liability company, partnership, or trust, whether organized under the laws of this state or another state or operating in another state.
(b)CA Insurance Code § 13902(b) An insurance pool that is established pursuant to this division shall have initial pooled resources of not less than two million five hundred thousand dollars ($2,500,000) in the form of cash or cash equivalents.
(c)CA Insurance Code § 13902(c) An insurance pool that is established pursuant to this division shall maintain adequate reinsurance to protect against its risks.
(d)CA Insurance Code § 13902(d) An insurance pool that is established pursuant to this division shall furnish a copy of the pool’s annual audited financial statement and most recent actuarial review, by first-class mail or by any other method of delivery, including electronic transmission, to the Insurance Commissioner, the Assembly Committee on Housing and Community Development, the Assembly Committee on Insurance, the Senate Committee on Insurance, and the Senate Committee on Housing within 180 days of the close of the pool’s fiscal year. If, in the period of time since the last submittal required by this subdivision, any of the following has occurred, the transmittal letter accompanying the annual audited financial statement and most recent actuarial review shall so indicate and shall provide a brief description of each matter:
(1)CA Insurance Code § 13902(d)(1) There has been a change to the pool’s plan of financing, management, or operation, including a material amendment to any of those plans.
(2)CA Insurance Code § 13902(d)(2) A claims audit report has been filed with a regulatory body with respect to the pool.
(3)CA Insurance Code § 13902(d)(3) A report of examination issued by a regulatory body with respect to the pool has been received.
(4)CA Insurance Code § 13902(d)(4) There has been a material change in the scope of the regulation of the pool by other states in which the pool operates.

Section § 13903

Explanation

This law requires all affordable housing entities that join an insurance pool to pay premiums or make financial contributions. These payments are necessary to keep the insurance pool financially stable, and how much each entity pays is decided by the pool's governing board.

All participating affordable housing entities in any insurance pool, established pursuant to this division, are required to agree to pay premiums or make other mandatory financial contributions, as determined by the governing board, provided for by the insurance pool arrangement, that are necessary to ensure a financially sound risk pool.

Section § 13904

Explanation

This law states that any insurance pool created under this part of the law cannot cover liabilities that are already covered under the Labor Code, starting with Section 3200. Essentially, it avoids overlapping coverage for certain liabilities.

Any insurance pool, established pursuant to this division, shall not insure against any liability that may be insured against pursuant to Division 4 (commencing with Section 3200) of the Labor Code.

Section § 13905

Explanation

This law states that affordable housing entities in California cannot spend any money, purchase insurance, make contracts, or otherwise cover the costs for punitive or exemplary damages that an employee of theirs is responsible for paying, whether those costs come from a claim or a judgment against them.

Nothing in this division shall be construed to authorize an affordable housing entity to pay for, to insure, to contract for payment of, or to provide for payment for, any part of a claim or judgment against an employee of the affordable housing entity for punitive or exemplary damages.

Section § 13906

Explanation

This law defines 'affordable housing' as housing projects where some units can be bought or rented affordably by low or moderate-income individuals or families. Government assistance may or may not be involved in making it affordable.

For the purpose of this division, “affordable housing” means housing developments in which some of the dwelling units may be purchased or rented, with or without government assistance, on a basis that is affordable to persons or families of low or moderate income, as defined in Section 50093 of the Health and Safety Code.

Section § 13907

Explanation

This law defines what counts as an 'affordable housing entity' in California. It includes three types of organizations: Housing authorities created by state laws and their related agencies, nonprofit corporations that offer affordable housing, and certain types of business partnerships or companies involved in affordable housing associated with these authorities or nonprofits. For these business forms to qualify, the authority or nonprofit must have a stake, control, or operational role in the affordable housing undertaking.

For the purpose of this division, an “affordable housing entity” means any of the following:
(a)CA Insurance Code § 13907(a) A housing authority created under the laws of this state or another jurisdiction and any agency or instrumentality of a housing authority, including, but not limited to, a legal entity created to conduct a self-insurance program for housing authorities that complies with Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code.
(b)CA Insurance Code § 13907(b) A nonprofit corporation organized under the laws of this state or another state that is engaged in providing affordable housing.
(c)CA Insurance Code § 13907(c) A partnership, general or limited, or limited liability company that is engaged in providing affordable housing and that is affiliated with a housing authority described in subdivision (a) or a nonprofit corporation described in subdivision (b) if the housing authority or nonprofit corporation has one or more of the following:
(1)CA Insurance Code § 13907(c)(1) A financial or ownership interest in the partnership or limited liability company or the right to acquire that interest.
(2)CA Insurance Code § 13907(c)(2) The power to direct the management or policies of the partnership or limited liability company.
(3)CA Insurance Code § 13907(c)(3) A contract to lease, manage, or operate the affordable housing owned by the partnership or limited liability company.