California FAIR Plan Association.
What changed between versions
Lines of credit may now be entered into with 'one or more entities' rather than being limited to institutional lenders (as defined in Financial Code Section 22600) or broker-dealers (as defined in Corporations Code Section 25004). This significantly broadens the pool of potential credit providers.
The list of assets that can be pledged as collateral for loan agreements, lines of credit, and other agreements now explicitly includes 'assessments' (i.e., amounts assessed from member insurers), in addition to premiums, revenues, receivables, and other assets. This gives lenders a direct security interest in future member assessments.
In Section 10100.3(c)(1), the phrase 'including those relating to assessment' was removed from the provision that protects approved repayment terms from being altered by subsequent amendments to the plan of operation, slightly narrowing the explicit protection around assessment-related terms.
In Government Code Section 63049.75(d), the language describing what bonds are payable from was changed from 'the fund and other revenues and assets securing the bonds' to simply 'the revenues and assets securing the bonds,' removing the explicit reference to the bank's fund as a repayment source.
The urgency clause justification was rewritten. The old version described the FAIR Plan's financial capacity as 'unlikely' to survive a catastrophic fire and discussed the nonadmitted market in detail. The new version is more concise, emphasizing the growing number of policies, wildfire risk, and the need for the FAIR Plan to have access to financial tools at all times.
Senator Strickland was added as a coauthor of the bill.