BILL NUMBER: AB 764	AMENDED
	BILL TEXT

	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, 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, at
each model code adoption review, for the installation of vehicle
 barriers   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 on a commercial
property parking lot as a safety measure and  seek 
 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.
  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:

  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, at each model code adoption review, 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, consistent with Article
10 (commencing with Section 1861.01) of Chapter 9 of Part 2 of
Division 1, seek   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.
  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.