Amended in Senate June 23, 2015

Amended in Senate June 9, 2015

Amended in Assembly April 16, 2015

Amended in Assembly April 8, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 764


Introduced by Assembly Member Quirk

begin insert

(Coauthor: Senator Mendoza)

end insert

February 25, 2015


An act to add Section 18940.7 to the Health and Safety Code, and to add Chapter 6 (commencing with Section 11895) to Part 3 of Division 2 of the Insurance Code, relating to parking lots.

LEGISLATIVE COUNSEL’S DIGEST

AB 764, as amended, Quirk. Parking lots: design: insurance discount.

Existing law provides that building standards shall be filed by the California Building Standards Commission with the Secretary of State and codified only after they have been approved by the commission. Existing law regulates the issuance and renewal of liability insurance policies in this state.

This bill would require the commission, in collaboration with the State Architect and the State Fire Marshal, to consider standards, at each model code adoption review, for the installation of vehicle barriersbegin delete in the design of any new building.end deletebegin insert to protect persons located within, or in or on the property of, buildings, or to protect pedestrians, from collisions into those buildings by motor vehicles.end insert The bill would also authorize an insurer to consider the installation of vehicle barriers on a commercial property parking lot as a safety measure and seek a discount on the property owner’s insurance covering damage or loss to the covered commercial property, or liability arising out of the ownership, maintenance, or use of the commercial property.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 18940.7 is added to the Health and Safety
2Code
, to read:

3

18940.7.  

(a) The California Building Standards Commission,
4in collaboration with the State Architect and the State Fire Marshal,
5shall consider standards, at each model code adoption review, for
6the installation of vehicle barriersbegin delete in the design of any new
7building.end delete
begin insert to protect persons located within, or in or on the property
8of, buildings, or to protect pedestrians, from collisions into those
9buildings by motor vehicles.end insert

10(b) For the purposes of this section, a vehicle barrier includes
11a horizontal or vertical protective device placed to protectbegin delete buildings
12or pedestriansend delete
begin insert persons located within, or in or on the property of,
13buildings, or to protect pedestrians,end insert
from collisionsbegin insert into those
14buildingsend insert
by motor vehicles.

15(c) For purposes of subdivision (a), the standards considered
16shall include existing standards adopted or developed by a
17standard-setting organization recognized by the commission,
18including, but not limited to, the American Society for Testing and
19Materials (ASTM) or another similar organization.

20

SEC. 2.  

Chapter 6 (commencing with Section 11895) is added
21to Part 3 of Division 2 of the Insurance Code, to read:

22 

23Chapter  6. Commercial Property Parking Lots: Vehicle
24Barrier Discount
25

 

26

11895.  

(a) An insurer may consider the installation of vehicle
27barriersbegin insert to protect persons located within, or in or on the property
28of, buildings, or to protect pedestrians, from collisions into those
29buildings by motor vehicles,end insert
on a commercial property parking lot
30as a safety measure and, consistent with Article 10 (commencing
31with Section 1861.01) of Chapter 9 of Part 2 of Division 1, seek
P3    1a discount on the property owner’s insurance covering damage or
2loss to the covered commercial property, or liability arising out of
3the ownership, maintenance, or use of the commercial property.

4(b) For the purposes of this section, a vehicle barrier includes
5a horizontal or vertical protective device placed to protectbegin delete buildings
6or pedestriansend delete
begin insert persons located within, or in or on the property of,
7buildings, or to protect pedestrians,end insert
from collisionsbegin insert into those
8buildingsend insert
by motor vehicles.



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