HB 25-1302

Abstract

The bill creates 2 enterprises in the division of insurance (division) in the department of regulatory agencies. The bill creates the strengthen Colorado homes enterprise (strengthen homes enterprise), which is a state-owned business that imposes and collects a fee from insurance companies (insurers), including the FAIR plan association, that offer on policyholders of homeowner's insurance policies issued by insurance companies (insurers) and the fair access to insurance requirements (FAIR) plan association in the admitted market covering property located in or risks in Colorado. which The fee is collected on a per-policy basis and is equal to 1.5% of one-half percent on the dollar amount percentage of the total premiums that the insurer collects in the immediately preceding calendar year from homeowners for issuing homeowner's insurance policies ( insurer fee); except that an insurer shall not collect the fee on policyholders that have resilient roof systems. With the insurer fee revenue, the strengthen homes enterprise board administers a grant program (grant program) to strengthen homes against the risk of future damage claims caused by high winds, wildfire, hail, and other extreme weather events (extreme weather events) by allowing a homeowner to use grant money to upgrade their roof system with certain resilient roof materials. By paying the insurer fee to support the grant program to retrofit homes with resilient roofs, policyholders may defray the cost of retrofitting their property to resist losses due to common perils, including windstorms, wildfire, and other extreme weather events, and insurers reduce their overall risk in the market due to hail and other extreme weather events, in order to promote insurance market stability throughout the state. The bill also creates the wildfire catastrophe reinsurance enterprise (reinsurance enterprise), which is a state-owned business implementing and administering the wildfire catastrophe reinsurance program (reinsurance program). The reinsurance program makes reinsurance payments to insurers that offer homeowner's insurance on properties located in the state to partially mitigate losses in the event of a state or federally declared wildfire-related disaster (wildfire-related disaster). The purpose of the reinsurance program is to stabilize the homeowner's insurance market in the state and to attract and retain homeowner's insurers. In exchange for access to the reinsurance program, the reinsurance program requires insurers to sell homeowner's insurance in areas of the state that are at high risk for wildfires. To pay for the reinsurance program, the reinsurance enterprise: Issues revenue bonds secured by the reinsurance enterprise; Issues a catastrophe bond to a person that purchases the bond but pays the principal to cover costs of a wildfire-related disaster if it occurs; May impose and collect an insurer fee on insurers to cover a shortfall if a wildfire-related disaster does not occur during the bond term and the reinsurance enterprise has insufficient money to redeem the bonds at maturity; and Beginning in the 2026 calendar year, impose and collect a fee on a per-policy basis on each policyholder of a homeowner's insurance policy issued in the admitted market covering property in or risks in the state. The amount of the fee is equal to one-half percent on the percentage of total premiums collected by each insurer in the immediately preceding calendar year. Invests the revenue from the revenue bonds and insurer fees. In addition, the bill sets the loss ratio for homeowner's insurance by presuming that the rates charged to purchasers are excessive if the insurer's loss ratio is less than 75% over a 3-year period and, if rates are in excess of the loss ratio, requires insurers in the admitted market participating in the reinsurance program to submit rates that are at least 5% less than the previous year one set of rates taking into consideration the reinsurance program and one set without. In addition to offering a replacement-cost policy in accordance with current law, an insurer may offer a replacement-cost policy that has a reasonable coverage limit or percentage cap for additional living expenses if the insurer provides a premium decrease for the coverage limit or replacement cap that is approved by the division. For the 2025-26 state fiscal year, the bill appropriates $7,410,037 to the department of regulatory agencies from the strengthen homes enterprise and also appropriates money to the department of law for legal services to implement the reinsurance program. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)