Bill Text: CA AB2161 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Parking lots: design: insurance discount.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2016-07-22 - Chaptered by Secretary of State - Chapter 73, Statutes of 2016. [AB2161 Detail]

Download: California-2015-AB2161-Amended.html

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BILL NUMBER: AB 2161	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 6, 2016

INTRODUCED BY   Assembly Member Quirk

                        FEBRUARY 17, 2016

   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 2161, 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, and to update standards as it determines necessary, 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 barriers  in or 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 Insurance 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:
   
  SECTION 1.    Section 18940.7 is added to the
Health and Safety Code, to read:
   18940.7.  (a) The California Building Standards Commission, in
collaboration with the State Architect and the State Fire Marshal,
shall consider standards, and shall update standards as it determines
necessary, for the installation of vehicle barriers 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.
   (b) For the purposes of this section, a vehicle barrier includes a
horizontal or vertical protective device placed 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.

   (c) For purposes of subdivision (a), the standards considered
shall include existing standards adopted or developed by a
standard-setting organization recognized by the commission,
including, but not limited to, the American Society for Testing and
Materials (ASTM) or another similar organization. 
   SEC. 2.   SECTION 1.   Chapter 6
(commencing with Section 11895) is added to Part 3 of Division 2 of
the Insurance Code, to read:
      CHAPTER 6.  COMMERCIAL PROPERTY PARKING LOTS: VEHICLE BARRIER
DISCOUNT


   11895.  (a) An insurer may consider the installation of vehicle
barriers  approved by the California Building Standards
Commission 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, on a commercial property
parking lot  as a safety measure and may 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 to the property as a result of installation of the
barriers if the discount provided or offered is provided or offered
consistent with Article 10 (commencing with Section 1861.01) of
Chapter 9 of Part 2 of Division 1.
   (b) For the purposes of this section, a vehicle barrier 
includes a horizontal or vertical protective device placed 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.   is a safety device that meets, at a
minimum, the vehicle impact protection standards as provided by the
State Fire Marshal and adopted by the California Building Standards
Commission and installed to protect persons located within, 
 in, or on the property of, buildings, or to protect pedestrians,
from collisions into those buildings by motor vehicles. 
   (c) Any discounts on insurance provided in accordance with this
section shall be determined to be actuarially sound and approved by
the commissioner prior to their use.