BILL ANALYSIS Ó
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THIRD READING
Bill No: AB 2386
Author: Mullin (D)
Amended: 8/20/14 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.
Senate Floor Amendments of 8/20/14 delete provisions of this
bill requiring proof of compliance as a condition of facility
licensure.
ANALYSIS :
Existing Law:
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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
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.
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 percentage 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 requires CCFs, RCFEs, and child day care facilities
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and homes to have one or more functioning carbon monoxide
detectors in the facility, as specified, and requires DSS to
account for the presence of these detectors during inspections.
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 8/21/14)
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
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,
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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 8/21/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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