California Assembly Bill AB1381 Amended / Bill

 BILL NUMBER: AB 1381AMENDED BILL TEXT AMENDED IN ASSEMBLY MARCH 26, 2015 INTRODUCED BY Assembly Member Weber FEBRUARY 27, 2015 An act to amend  Section   Sections 11340 and  11360 of the Business and Professions Code, relating to professions and vocations. LEGISLATIVE COUNSEL'S DIGEST AB 1381, as amended, Weber. Real estate appraisers. Existing law provides for the licensure, certification, and regulation of persons who engage in specified real estate appraisal activity by the Chief of the Bureau of Real Estate Appraisers. Existing law  authorizes   requires the chief to adopt regulations governing the process and the procedure of applying for a license, including, but not limited to, necessary experience or education, equivalency, and minimum requirements of the Appraisal Foundation. Existing law requires, for purposes of the educational background requirements, the chief to grant credits for any courses taken on real estate appraisal ethics or practices, as specified.   This bill would also require, for purposes of the educational background requirements, the chief to require education in valuing sustainable real estate assets.   Existing law also requires  the chief to adopt regulations relating to the license renewal process that include continuing education requirements.  This bill would make a nonsubstantive change to that latter provision.   This bill would require the continuing education requirements to include education in valuing sustainable real estate assets. This bill would also prohibit the renewal of a license unless an applicant provides evidence of continuing education in valuing sustainable real estate assets.  Vote: majority. Appropriation: no. Fiscal committee:  no   yes  . State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 11340 of the   Business and Professions Code  is amended to read:  11340. The director shall adopt regulations governing the process and the procedure of applying for a license which shall include, but not be limited to, necessary experience or education, equivalency, and minimum requirements of the Appraisal Foundation, if any. (a) For purposes of the educational background requirements established under this section, the director shall  grant   do both of the following:   (1)     Grant  credits for any courses taken on real estate appraisal ethics or practices pursuant to Section 10153.2, or which are deemed by the director to meet standards established pursuant to this part and federal law.  (2) (A) Require education in valuing sustainable real estate assets.   (B) For purposes of this paragraph, "sustainable real estate assets" include, but are not limited to, solar and wind power generation installations and energy efficiency measures.  (b) For the purpose of implementing and applying this section, the director shall prescribe by regulation "equivalent courses" and "equivalent experience." The experience of employees of an assessor's office or of the State Board of Equalization in setting forth opinions of value of real property for tax purposes shall be deemed equivalent to experience in federally related real estate appraisal activity. Notwithstanding any other law, a holder of a valid real estate broker license shall be deemed to have completed appraisal license application experience requirements upon proof that he or she has accumulated 1,000 hours of experience in the valuation of real property. (c) The director shall adopt regulations for licensure which shall meet, at a minimum, the requirements and standards established by the Appraisal Foundation and the federal financial institutions regulatory agencies acting pursuant to Section 1112 of the Financial Institutions Reform Recovery and Enforcement Act of 1989, Public Law 101-73 (FIRREA). The director shall, by regulation, require the application for a real estate appraiser license to include the applicant's social security number. (d) In evaluating the experience of any applicant for a license, regardless of the number of hours required of that applicant, the director shall apply the same standards to the experience of all applicants. (e) No license shall be issued to an applicant who is less than 18 years of age.  SECTION 1.  SEC. 2.  Section 11360 of the Business and Professions Code is amended to read: 11360. (a) The director shall adopt regulations governing the process and procedures for renewal of a license that shall include, but not be limited to, continuing education requirements, which shall be reported on the basis of four-year continuing education cycles. (b) An applicant for renewal of a license shall be required to demonstrate his or her continuing fitness to hold a license prior to its renewal. Applicants shall also fulfill continuing education requirements established pursuant to this section and shall be required to take a minimum of four hours of federal and California appraisal related statutory and regulatory law every four years.  (c) (1) The continuing education requirements established pursuant to this section shall include education in valuing sustainable real estate assets.   (2) A license shall not be renewed unless an applicant provides evidence, in the form and manner prescribed by the bureau, of continuing education in valuing sustainable real estate assets.   (3) For purposes of this subdivision, "sustainable real estate assets" include, but are not limited to, solar and wind power generation installations and energy efficiency measures.   (c)   (d)  This section shall become operative on January 1, 2013.