Amended in Senate June 29, 2015

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

(Coauthor: Senator Mendoza)

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 vehiclebegin delete barriersend deletebegin insert barriers, as specified,end 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. The bill would also authorize an insurer to consider the installation of vehicle barriers on a commercial property parking lot as a safety measure andbegin delete seekend deletebegin insert would authorize an insurer to provide or offerend insert 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 commercialbegin delete property.end deletebegin insert property relative to the reduced risk of installation of the barriers. The bill would require that any discounts be determined to be actuarially sound and approved by the commissioner prior to their use.end insert

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

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

P2    1

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 barriers to protect persons located within,
7or in or on the property of, buildings, or to protect pedestrians,
8from collisions into those buildings by motor vehicles.

9(b) For the purposes of this section, a vehicle barrier includes
10a horizontal or vertical protective device placed to protect persons
11located within, or in or on the property of, buildings, or to protect
12pedestrians, from collisions into those buildings by motor vehicles.

13(c) For purposes of subdivision (a), the standards considered
14shall include existing standards adopted or developed by a
15standard-setting organization recognized by the commission,
16including, but not limited to, the American Society for Testing and
17Materials (ASTM) or another similar organization.

18

SEC. 2.  

Chapter 6 (commencing with Section 11895) is added
19to Part 3 of Division 2 of the Insurance Code, to read:

20 

21Chapter  6. Commercial Property Parking Lots: Vehicle
22Barrier Discount
23

 

24

11895.  

(a) An insurer may consider the installation of vehicle
25barriersbegin insert approved by the California Building Standards
26Commissionend insert
to protect persons located within, or in or on the
P3    1property of, buildings, or to protect pedestrians, from collisions
2into those buildings by motor vehicles, on a commercial property
3parking lot as a safety measurebegin delete and, consistent with Article 10
4(commencing with Section 1861.01) of Chapter 9 of Part 2 of
5Division 1, seekend delete
begin insert and may provide or offerend insert a discount on the
6property owner’s insurance covering damage or loss to the covered
7commercial property, or liability arising out of the ownership,
8maintenance, or use of the commercialbegin delete property.end deletebegin insert property relative
9to the reduced risk to the property as a result of installation of the
10barriers if the discount provided or offered is provided or offered
11consistent with Article 10 (commencing with Section 1861.01) of
12Chapter 9 of Part 2 of Division 1.end insert

13(b) For the purposes of this section, a vehicle barrier includes
14a horizontal or vertical protective device placed to protect persons
15located within, or in or on the property of, buildings, or to protect
16pedestrians, from collisions into those buildings by motor vehicles.

begin insert

17(c) Any discounts on insurance provided in accordance with
18this section shall be determined to be actuarially sound and
19approved by the commissioner prior to their use.

end insert


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