Amended in Senate September 1, 2015

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,begin delete at each model code adoption review,end deletebegin insert and to update standards as it determines necessary,end insert for the installation of vehicle barriers, as specified, 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 barriersbegin insert in orend insert on a commercial property parking lot as a safety measure and would authorize an insurer to provide or offer 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 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.

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,begin delete at each model code adoption review,end deletebegin insert and
6shall update standards as it determines necessary,end insert
for the
7installation of vehicle barriers to protect persons located within,
8or in or on the property of, buildings, or to protect pedestrians,
9from collisions into those buildings by motor vehicles.

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

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

19

SEC. 2.  

Chapter 6 (commencing with Section 11895) is added
20to Part 3 of Division 2 of the Insurance Code, to read:

 

P3    1Chapter  6. Commercial Property Parking Lots: Vehicle
2Barrier Discount
3

 

4

11895.  

(a) An insurer may consider the installation of vehicle
5barriers approved by the California Building Standards
6Commission to protect persons located within, or in or on the
7property of, buildings, or to protect pedestrians, from collisions
8into those buildings by motor vehicles, on a commercial property
9parking lot as a safety measure and may provide or offer a discount
10on the property owner’s insurance covering damage or loss to the
11covered commercial property, or liability arising out of the
12ownership, maintenance, or use of the commercial property relative
13to the reduced risk to the property as a result of installation of the
14barriers if the discount provided or offered is provided or offered
15consistent with Article 10 (commencing with Section 1861.01) of
16Chapter 9 of Part 2 of Division 1.

17(b) For the purposes of this section, a vehicle barrier includes
18a horizontal or vertical protective device placed to protect persons
19located within, or in or on the property of, buildings, or to protect
20pedestrians, from collisions into those buildings by motor vehicles.

21(c) Any discounts on insurance provided in accordance with
22this section shall be determined to be actuarially sound and
23approved by the commissioner prior to their use.



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