Bill Text: CA AB764 | 2015-2016 | Regular Session | Enrolled

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Bill Title: Parking lots: design: insurance discount.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Vetoed) 2016-01-15 - Consideration of Governor's veto stricken from file. [AB764 Detail]

Download: California-2015-AB764-Enrolled.html

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BILL NUMBER: AB 764	ENROLLED
	BILL TEXT

	PASSED THE SENATE  SEPTEMBER 8, 2015
	PASSED THE ASSEMBLY  SEPTEMBER 9, 2015
	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

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, 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 commissioner prior to
their use.



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.  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.

   (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.