BILL ANALYSIS Ó SENATE COMMITTEE ON INSURANCE Senator Richard Roth, Chair 2015 - 2016 Regular Bill No: AB 764 Hearing Date: July 8, 2015 ----------------------------------------------------------------- |Author: |Quirk | |-----------+-----------------------------------------------------| |Version: |June 29, 2015 Amended | ----------------------------------------------------------------- ----------------------------------------------------------------- |Urgency: |No |Fiscal: |Yes | ----------------------------------------------------------------- ----------------------------------------------------------------- |Consultant:|Erin Ryan | | | | ----------------------------------------------------------------- Subject: Parking lots: design: insurance discount. SUMMARY Requires the California Building Standards Commission (CBSC), in collaboration with the State Architect and the State Fire Marshall, to consider standards, at each model code adoption review, for installation of vehicle barriers in the design of any new building; defines a vehicle barrier for this purpose; and allows an insurer to consider the installation of a vehicle barrier as a safety measure and provide or offer a discount on the property insurance of a commercial property owner who installs such a vehicle safety barrier, if actuarially sound and approved by the Insurance Commissioner (IC), as specified. DIGEST Existing law 1) Establishes the CBSC within the Department of General Services, and requires any building standards adopted or proposed by state agencies to be submitted to, and approved by, the CBSC prior to codification into the California Standards Code. 2) Requires the CBSC to adopt, approve, codify and publish building standards providing the minimum standards for the design and construction of state buildings, as specified. 3) Requires specified insurance rates to be approved by the IC prior to their use under the Insurance Rate Reduction and Reform AB 764 (Quirk) Page 2 of ? Act (Proposition 103, as approved by the voters in 1988) (Prop. 103). This bill 1) Requires the CBSC, in collaboration with the State Architect and the State Fire Marshall, to consider standards, at each model code adoption review, for installation of vehicle barriers in the design of any new building. 2) Defines a vehicle barrier to include 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 by motor vehicles. 3) Specifies an insurer may consider the installation of a vehicle barrier as a safety measure, and may provide or offer a discount on the property insurance of a commercial property owner who installs such a vehicle safety barrier. 4) Requires any discount to be actuarially sound and approved by the IC consistent with the requirements of Prop. 103. COMMENTS 1. Purpose of the bill To reduce storefront crashes by encouraging the adoption of protective barrier standards, particularly in commercial buildings, which have been slower to install vehicle barriers than other types of properties. It would also allow an insurer to consider these barriers as a safety measure and seek to offer discounts on insurance for commercial properties that install such barriers. 2. Background According to the author, vehicle-into-building crashes have been reported to occur as many as 60 times per day, with more than 3,600 pedestrians, store patrons, and employees seriously injured each year, nationwide. Sometimes called "storefront crashes," these accidents are often caused by driver error. Most of these accidents can AB 764 (Quirk) Page 3 of ? be prevented with simple and inexpensive steps, including the installation of vehicle barriers that can be taken in either the design phase or as part of a retrofit. According to the Texas A&M Transportation Institute (TTI), "With 500 people reportedly killed each year by vehicles crashing into retail stores, sidewalk cafes, hair salons and other businesses, low speed barrier crashes have been called 'one of the largest unaddressed safety issues in the country.'" According to TTI, these accidents occur most frequently when a driver is entering or leaving a parking space perpendicular to a building, and even at relatively low speeds, can cause serious injury or death. TTI notes, however, that simple, preventative measures can protect pedestrians, store employees, and patrons from being injured or killed when the accidents occur. In recognition of the safety risks posed by errant vehicles and the increasingly important use of protective barriers as a way to prevent or minimize the damages from these types of accidents, the American Society for Testing and Materials International, an international standards development organization, in conjunction with the researchers at TTI, recently approved a test standard, known as the Test Method for Low Speed Barriers for Errant Vehicles, to set parameters for bollards, barriers, and other devices most often seen protecting storefronts and high-traffic pedestrian areas to help standardize the use of protective barriers. Prior to the adoption of this standard, there was no objective way to evaluate the effectiveness of vertical pipes, decorative planters, and other devices that could serve to protect a business from damages caused by a vehicle-into-building collision. Although this bill draws attention to the safety aspects of vehicle barriers, insurers already consider the condition and safety features of a commercial property when writing a commercial insurance policy. Prop. 103, however, generally requires historical loss-based actuarial data to justify a discount in insurance premiums paid by an insured. The development of standards and ability to evaluate barrier effectiveness provided by this bill may make it easier for insurers to assess the extent to which their risk and exposure is reduced as a result of the installation of such barriers, and provide an actuarial justification in a rate AB 764 (Quirk) Page 4 of ? filing subject to IC prior approval before a discount specific to vehicle barriers could be offered. 3. Support The Storefront Safety Council supports AB 764 and the authorization of safety barriers as a design consideration, and the added benefit of insurance premium relief as a reward for this positive safety effort. Farrell's Ice Cream Parlour Restaurants supports AB 764 because of its own experience with a vehicle crashing into one of its restaurants, causing one death and several severe injuries to young children. According to the CEO, "the carnage is something I hope other business owners never have to go through. But they will unless our State takes a step to fix a problem that has just evolved due to the changing age of our population who are still driving, and changes to parking design to accommodate the ADA?store front crash deaths are easily preventable." 4. Opposition None received POSITIONS Support California Restaurant Association Farrell's Ice Cream Parlour restaurants Storefront Safety Council Oppose None received -- END --