Department of Consumer Affairs and Department of Real Estate: states of emergency: waivers and exemptions.
What changed between versions
Throughout the bill (Sections 108.1, 122, 136, 7058.9, 10089, and 10176), the trigger for waivers, exemptions, and protections was narrowed from any 'declared federal, state, or local emergency or disaster' to specifically a natural disaster for which the Governor proclaims a state of emergency under Government Code Section 8625 or the President declares an emergency or major disaster.
Section 136.5 (email address requirement) no longer applies to the Department of Real Estate. It now only requires applicants and licensees of boards under the Department of Consumer Affairs to provide an email address to the board.
Section 7058.9(b) on debris removal authorization now requires the declared disaster area to be 'due to a natural disaster,' adding a qualifier not present in the prior version.
The definition of 'disaster area' (an area for which a federal, state, or local emergency or disaster has been declared) in former Section 108.1(a) was removed entirely, eliminating that broader category from the bill.
The criminal misdemeanor penalty in Section 10176(n)(2) - which made it a crime punishable by up to $10,000 fine and six months imprisonment for anyone (including corporate officers, directors, agents, or employees) who violated the unsolicited below-market-value offer provision - was removed entirely.
A new Section 10176(n)(2) allows the Real Estate Commissioner to extend the applicability of the unsolicited offer prohibition for one additional year (total of two years following the declaration) if deemed necessary for protection of property owners and consumers.
Section 10176(n)(1) now specifies that fair market value is measured 'as that value was the calendar day before the emergency or disaster,' providing a clear temporal reference point that was not in the prior version.
The state-mandated local program reimbursement section (former Section 9, which stated no reimbursement was required because the act created a new crime) was removed, consistent with the elimination of the criminal penalty.