BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 2386| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- CONSENT Bill No: AB 2386 Author: Mullin (D) Amended: 6/26/14 in Senate Vote: 21 SENATE HUMAN SERVICES COMMITTEE : 4-0, 6/24/14 AYES: Beall, DeSaulnier, Liu, Wyland NO VOTE RECORDED: Berryhill SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8 ASSEMBLY FLOOR : 77-0, 5/27/14 (Consent) - See last page for vote SUBJECT : Care facilities: carbon monoxide detectors SOURCE : Author DIGEST : This bill requires community care facilities (CCFs), residential care facilities for the elderly (RCFEs), and child day care facilities and homes to have one or more functioning carbon monoxide detectors, as specified. ANALYSIS : Existing Law: 1. Establishes the Community Care Facilities Act, which provides for the licensure and regulation by the Department of Social Services (DSS) of CCFs defined as nonmedical residential and CONTINUED AB 2386 Page 2 non-residential facilities for mentally ill, developmentally and physically disabled, and children and adults who require care or services. 2. Establishes the Residential Care Facilities for the Elderly Act, which provides for the licensure and regulation of RCFEs as a separate category within the existing residential care licensing structure of DSS. 3. Establishes the California Child Day Care Facilities Act to provide for the licensure and regulation of child day care and family day care facilities as a separate licensing category within the existing licensing structure of DSS (HSC 1596.72 et seq.) 4. Provides for the DSS licensure and regulation of small family day care homes serving between six and eight children, as specified, in a residentially zoned and occupied property. 5. Provides that facilities licensed by DSS shall be subject to unannounced visits by DSS and that DSS shall visit facilities as often as necessary to ensure the quality of care provided. 6. Requires annual unannounced inspections when a license is on probation, when required by the terms of a facility compliance plan, when an accusation is pending, when required for federal financial participation (CCFs and RCFEs), or to verify that a person who has been ordered out of the facility is no longer present. 7. Requires DSS to perform random inspections each year on no fewer than 20% of facilities not subject to annual inspections. Provides that this%age shall increase by 10% if the total citations issued by the department exceeds the previous year by 10%. As a result of this trigger, DSS currently is required to perform random inspections on 30% of the facilities not subject to annual inspection. Requires DSS to visit every facility no less than every five years. This bill: 1. Requires CCFs, RCFEs, and child day care facilities and homes to have one or more functioning carbon monoxide detectors in CONTINUED AB 2386 Page 3 the facility, as specified. 2. Requires, as a condition of initial licensure, CCFs, RCFEs, residential care facilities for persons with chronic, life-threatening illness, and child day care facilities and homes to provide satisfactory evidence to DSS that there is one or more functioning carbon monoxide detectors in the facility, as specified. Background Carbon Monoxide Poisoning Prevention Act . SB 183 (Lowenthal, Chapter 19, Statutes of 2010) enacted the Carbon Monoxide Poisoning Prevention Act of 2010 which requires the State Fire Marshal to develop a certification and decertification process to approve and list carbon monoxide devices and requires an owner of a dwelling unit intended for human occupancy to install an approved carbon monoxide device, in each existing dwelling unit having a fossil fuel burning heater or appliance, fireplace, or an attached garage. The law provides that failure to comply, following a 30-day notice, is subject to a maximum fine of two hundred dollars for each offense. Comments According the author's office, this bill aligns existing health and safety requirements with the Carbon Monoxide Poisoning Prevention Act of 2010, which requires all existing dwellings intended for human occupancy that have a fossil fuel burning appliance, a fireplace, or an attached garage to install a carbon monoxide detector on or before January 1, 2013. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: Yes SUPPORT : (Verified 8/6/14) AFSCME California State Fire Fighters Association Safe Kids California ASSEMBLY FLOOR : 77-0, 5/27/14 AYES: Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom, Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian CONTINUED AB 2386 Page 4 Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley, Dababneh, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox, Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell, Gray, Grove, Hagman, Hall, Harkey, Roger Hernández, Holden, Jones, Jones-Sawyer, Levine, Linder, Logue, Lowenthal, Maienschein, Mansoor, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Nestande, Olsen, Pan, Perea, John A. Pérez, V. Manuel Pérez, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Skinner, Stone, Ting, Wagner, Waldron, Weber, Wieckowski, Wilk, Williams, Yamada, Atkins NO VOTE RECORDED: Patterson, Quirk-Silva, Vacancy JL:d 8/6/14 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED