Business
State regulators will fast-track reviews of rate hikes sought by home insurers amid wildfire losses
The state insurance commissioner took action Friday to speed up reviews of rate hikes sought by home insurers after efforts to address the issue through fast-track legislation got bogged down amid opposition from a consumer group.
California Insurance Commissioner Ricardo Lara issued a bulletin outlining steps his department would take to more quickly reach a decision on whether to decline, approve or amend applications from insurers, who have pulled back from the state’s market amid wildfire losses.
It now takes on average about seven months for insurers to get decisions on their rate applications — an untenable pace as insurers such as State Farm, Farmers and others have either declined to renew some policies or stopped writing new ones.
“Consumers are hurting, businesses continue to lose coverage, wildfires are ravaging our state — and we do not have the luxury of time,” Lara said in a written statement accompanying his announcement.
The bulletin is an element of the commissioner’s Sustainable Insurance Strategy, a package of wide-ranging reforms intended to stabilize the home insurance market.
In May, Gov. Gavin Newsom said that he was proposing a so-called “trailer bill” to be adopted as part of the state budget in July that would require regulators to complete their review of insurers’ rate applications within 60 days, though the language also allowed for extensions.
However, the bill was not introduced amid opposition from Consumer Watchdog, the L.A. consumer group that was key to passage in 1988 of Proposition 103, the landmark insurance reform initiative that provided for an elected insurance commissioner with authority to deny insurer rate hikes. The group worried the proposal would weaken consumers’ voice in the review process.
The bulletin issued Friday calls for the department to review a complete rate application within 60 days, and if more time is needed to make a decision, regulators must outline their position on what remains unresolved. It also allows for two more 30-day extensions, after which the department would issue an “estimated” rate the company could accept or reject. If it is rejected, the process would continue with 30-day extensions.
Home insurers who seek rate hikes in excess of 7% cannot implement the estimated rate without the consent of intervenors, such as consumer groups, if they have been granted the right to take part in the review process and have petitioned for a hearing on the application. The bulletin also applies to other types of property and casualty insurance.
That language is similar to, though less detailed than, what the governor proposed in May. As a bulletin, it serves to “clear the air” about the department’s obligations and does not constitute a new regulation, said Michael Soller, Lara’s deputy commissioner of communications.
Jamie Court, president of Consumer Watchdog, said the group remains concerned about the effort to speed regulatory reviews. He noted that under Proposition 103, consumer groups have only 45 days to file an application to intervene in the review process, with the commissioner given 15 days to approve their request — a 60-day process in itself.
“We don’t know all the unresolved issues until we have a back and forth with the company. This clearly short circuits the role of the public intervenor in the process and diminishes the voice of the public participant,” he said.
The group had sought to amend the governor’s proposal to clearly lay out the role of consumer groups in the process, he said, including by adding a provision that would not start the clock on the 60-day rate review until after the commissioner approves an intervention by a third party, if one was sought. He said Consumer Watchdog was making progress with its concerns in the Legislature when Lara decided to proceed with the bulletin.
Newsom declared his support of Lara’s action, calling it “necessary to address California’s insurance crisis,” in a statement included in the department’s announcement.
Currently, it has been the department’s practice to seek automatic waivers from insurers when it runs up against the 60-day rate review deadline already written into law by Proposition 103. Regulators then seek additional 30-day waivers as needed. It is this practice that the department and insurers have cited as a cause of the lengthy rate reviews.
Rex Frazier, president of the Personal Insurance Federation of California, a trade group of property and casualty insurers, said the bulletin appeared to be consistent with a larger overall agreement the department reached with the industry last year to make the market more attractive to insurers.
However, he said it remains to be seen how the changes are implemented, including the new requirement that regulators offer an “estimated” rate within 120 days of the initial rate filing.
“They can low ball that. It’s not like the department ever would be compelled to put anything in an estimated rate that they’re not comfortable with,” he said.
Court expressed the opposite concern, saying that the estimated rate could result in insurer rate giveaways. He said he expected the department would have to issue additional guidance on the meaning of an estimated rate.
Consumer Watchdog will closely watch how the bulletin is implemented on a case-by-case basis and would consider litigation if it decides the department is violating the language of Proposition 103, he said.
The department is developing what it calls a “data reconciliation tool” before it implements the rules — software that will prevent insurers from filing incomplete rate applications, which slow the review process by forcing regulators to seek additional information. The software is not expected to be ready until next year, Soller said.
Also Friday, Lara issued another bulletin barring insurance companies from canceling or not renewing policies for some 185,000 policyholders affected by the Park, Borel and Gold Complex fires.
Business
U.S. Steel C.E.O. Says Nippon Deal Will Strengthen National Security
The chief executive of U.S. Steel said on Tuesday that the proposed takeover of the company by Nippon Steel of Japan would strengthen America’s national security, and he expressed confidence that the federal government would allow the deal to close despite bipartisan calls to block it.
Rebutting concerns from lawmakers and the steelworkers’ labor union about the transaction, the executive, David Burritt, argued that if the acquisition moved forward, the new company would benefit the U.S. economy and allow the United States and Japan to better compete with China in global steel markets.
“By the time we’re done doing all the analysis, it’s very clear that it strengthens national security, economic security and job security,” Mr. Burritt said. “This deal will close on its merits.”
His comments, made at the Detroit Economic Club, came as U.S. Steel has been facing a political storm over Nippon’s $15 billion takeover bid. Top Republicans and Democrats, including President Biden, Vice President Kamala Harris and former President Donald J. Trump, have said that the iconic steel maker should remain American owned and operated. The United Steelworkers union has accused Mr. Burritt of misleading workers and trying to get a lucrative exit package that would come from selling the company.
The transaction has also become tangled with swing state politics, as U.S. Steel is based in Pennsylvania, which could help to determine the outcome of the November presidential election.
The Committee on Foreign Investment in the United States, which is reviewing the agreement, has warned the companies that the merger could pose risks to American national security. The interagency panel has yet to make a recommendation to the president about whether the deal should be blocked.
The Biden administration signaled this month that it was preparing to block the deal before November. Following public criticism from business groups that the review process was being politicized, officials suggested last week that a decision could be delayed until after the election.
Mr. Burritt dismissed the negative talk about the deal on Tuesday and insisted that it would benefit American workers.
He also laid out the implications for U.S. Steel if the deal were to be blocked. Mr. Burritt said the company would continue to focus its resources on “mini mills” that it operates in the South rather than the larger facilities in Pennsylvania and Indiana that Nippon has said it will upgrade.
Describing the company’s current strategy as “better, not bigger,” Mr. Burritt said, “with Nippon, it would be better and bigger.”
Mr. Burritt has warned that the company could lay off workers and relocate its headquarters outside Pennsylvania if the deal were blocked.
Critics have said that the deal could threaten national security by ceding a key part of America’s manufacturing supply chain to a foreign-owned company. Biden administration officials have also raised concerns that if Nippon controls U.S. Steel, it could raise objections to American tariffs on steel imports.
Mr. Burritt noted that Japan is America’s closest ally in Asia and argued that the deal would curb China’s steel dominance.
“Bringing Nippon’s expertise with U.S. Steel’s footprint here in the United States — that investment coming in — gives us an opportunity to really compete with China,” he said.
Nippon’s bid for U.S. Steel, which was accepted in December, continues to face strong opposition from the powerful steelworkers’ union. The union has expressed fears about the future of its pension program and raised doubts that Nippon will make the investments in U.S. Steel facilities that it has promised.
In a letter to its members on Tuesday, the leaders of the steelworkers’ union reiterated their problems with Nippon’s proposal.
“The U.S. government should reject the deal for obvious and important national defense reasons, and U.S.S. can remain an independent company,” David McCall, president of United Steelworkers, and Mike Millsap, chairman of the negotiating committee, said in the letter. “We must remain united as we fight to keep U.S. Steel an American steel company that is domestically owned and operated.”
Business
Video: Boeing Union Members Vote to Strike
new video loaded: Boeing Union Members Vote to Strike
transcript
transcript
Boeing Union Members Vote to Strike
Thousands of machinists and aerospace workers walked off the job on Friday, after rejecting a proposal that would have delivered raises and improvements to benefits but fell short of what the union initially sought.
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“Strike! Strike! Strike! Strike!” “This is about respect. This is about addressing the past. And this is about fighting for our future. Our members rejected the contract by 94.6 percent. And they voted to strike by 96 percent. We will be back at the table whenever we can get there to drive forward on the issues that our members say are important. Congratulations, machinists.”
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Beverly Hills is dragging its heels on a new building. The governor says: Build it
California officials are turning the screws on the city of Beverly Hills, where approval of a new hotel and apartment complex is moving too slowly for state housing bosses and the governor.
The lightning rod is a planned mixed-use development near Wilshire Boulevard that has been brought forth under a state law intended to force cities to add more housing whether they like the proposals or not.
The 19-story building on Linden Drive by local developer Leo Pustilnikov would be big by Beverly Hills standards and include a 73-room hotel and restaurant on the first five floors. Plans call for the higher floors to contain 165 apartments including 33 units reserved for rental to lower-income households.
The project so far has failed to pass muster with city planning leaders, who say Pustilnikov hasn’t provided all the details about the project that the city requires to consider approval.
Pustilnikov has pioneered a novel interpretation of a state law known as the “builder’s remedy” to push cities to allow development projects at a size and scale otherwise barred under zoning rules.
As part of their efforts to tackle California’s housing shortage and homelessness crisis, legislators recently beefed up the law, by giving developers leverage to get large proposals approved so long as they set aside a percentage for low-income residents.
Last month the state Department of Housing and Community Development backed Pustilnikov in a “notice of violation” to the city, saying it was violating state housing laws by holding up the project.
“The City Council should reverse its decision and direct city staff to process the project without further delay,” the state notice said, referring to a council vote in June to delay the approval process.
Gov. Gavin Newsom piled on in a statement, saying that the city is violating the law by “blocking” the proposal and referring to opponents of the project as NIMBYs — a highly charged acronym for “not in my backyard” that refers to homeowners who resist development projects in their neighborhoods.
“We can’t solve homelessness without addressing our housing shortage,” the governor said. “Now is a time to build more housing, not cave to the demands of NIMBYs.”
Beverly Hills already faced pressure to approve the Linden project before the state’s letter. In June, Californians for Homeownership, a nonprofit affiliated with the California Assn. of Realtors, sued the city in Los Angeles County Superior Court for not advancing the development.
Some residents in the neighborhood south of Wilshire Boulevard are up in arms about the scale of the project that is designated to fill a parking lot at 125-129 S. Linden Drive between a five-story office building and low-rise apartment buildings.
“None of us are opposed to affordable housing,” said Kenneth A. Goldman, president of the Southwest Beverly Hills Homeowners Assn., but “you don’t have to be a NIMBY to say that’s just so far out of line.”
It would be almost four times taller than the five-story height limit the city has on its books and could threaten the neighborhood’s “quiet lifestyle,” Goldman said. The construction period would be “hell,” he added.
The city has until Sept. 20 to respond to state housing officials and indicated in a statement that the delay was due in part to Pustilnikov changing the original all-residential proposal to include the hotel. It is a switch that could offer a financial coup for the developer in a tourist-friendly city, where getting permission to build a new hotel is a tall order.
Last year Beverly Hills voters decided to rescind the City Council’s approval of an ultra-opulent hotel called Cheval Blanc on the edge of Rodeo Drive after French luxury retailer LVMH spent millions of dollars planning the project.
Of the Linden Drive proposal, the city said in a statement, “The project has not been denied.”
“What was originally submitted as a purely residential project has now morphed into a 73-room hotel and restaurant project with 35 fewer residential units, including a reduction of 7 affordable units,” it said.
When the application is complete, the city said, a public hearing will be held, followed by Planning Commission review and potential approval by the City Council.
That process may be complicated by Pustilnikov’s stated intention to sell his interest in the Linden Drive property as part of a Chapter 11 bankruptcy proceeding involving another of his real estate projects.
In 2018, Pustilnikov purchased a 50-acre parcel on the Redondo Beach waterfront that is the site of a defunct power plant. The property is controlled by entities owned by Pustilnikov and a business partner, Ely Dromy. Using the builder’s remedy law, the pair has advanced a massive mixed-use project for the site with 2,700 apartments as its centerpiece. In court documents, Pustilnikov estimates that the development, if completed, would be worth $600 million.
The effort has been stymied amid fights with the city of Redondo Beach, the California Coastal Commission and AES Corp., the owner of the power plant. In late 2022, AES threatened to foreclose on Pustilnikov. To stave that off, one of the entities that own the site filed for bankruptcy.
In a recent filing in the case, Pustilnikov and Dromy said they will sell the Linden property for $27.5 million to help preserve their ownership of the power plant site.
However, a representative for Pustilinkov, Adam Englander, said in a statement that is not necessarily the case.
Instead, more investors may be brought in to the Redondo Beach property and a developer with luxury hotel experience may become a partner in the Linden project, Englander said.
“It is not anticipated,” Englander said, that the Linden project “in its current form, will be sold prior to completion.”
Pustilnkov has put forward plans to build nearly 3,500 apartment units — 700 of them dedicated as low-income — across a dozen projects in Beverly Hills, Redondo Beach, Santa Monica and West Hollywood under the builder’s remedy. The Linden project is one of seven he’s planning in Beverly Hills alone.
The builder’s remedy provides few avenues for city councils to deny the developments. But because it’s legally untested and separate state environmental laws still apply, projects are not a slam dunk. None of Pustilnikov’s proposals have been approved.
Cities are subject to the law if they do not have state-approved blueprints for future growth. Every eight years, the state requires communities to design a zoning plan accommodating specific numbers of new homes, including those set aside for low- and moderate-income families.
In the current eight-year cycle, Beverly Hills struggled to get a plan that passed muster. Elected officials and residents balked at the city’s requirement to make space for 3,104 homes, saying that doing so would unalterably change the community’s character.
The city blew multiple deadlines and was sued by Californians for Homeownership. In December, a L.A. County Superior Court judge ruled that Beverly Hills could no longer issue any building permits — including those for pools, kitchen and bathroom remodels and other renovations — because of its failure.
The city appealed the ruling and continued to process permits in the meantime, but the decision sparked alarm among civic leaders. In May, the state approved a revised housing plan for Beverly Hills, ending the threat of the permit moratorium.
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