BILL ANALYSIS Ó
AB 764
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB
764 (Quirk)
As Amended September 1, 2015
Majority vote
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|ASSEMBLY: |78-0 | (May 14, |SENATE: |40-0 | (September 8, |
| | |2015) | | |2015) |
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Original Committee Reference: B. & P.
SUMMARY: Requires the California Building Standards Commission
(CBSC), in collaboration with the State Architect and the State
Fire Marshall to consider, and update as it deems necessary,
standards 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. 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 barrier,
as specified.
The Senate amendments:
1)Require the CBSC, in collaboration with the State Architect
and the State Fire Marshall, to consider standards, and update
AB 764
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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.
2)Require the standards considered to include existing standards
adopted or developed by a standard-setting organization
recognized by the CBSC, including, but not limited to, the
American Society for Testing and Materials (ASTM) or another
similar organization.
3)Specify that the vehicle barriers are used 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.
4)Specify that the insurer may consider the installation of
those vehicle barriers approved by the CBSC 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 as a safety measure and provide or offer a
discount on the property owner's insurance relative to the
reduced risk to the property as a result of installation of
the barriers if the discount provided or offered is consistent
with existing law, as specified.
5)Require any discounts on insurance provided in accordance with
this section to be determined to be actuarially sound and
approved by the Insurance Commissioner.
FISCAL EFFECT: According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS:
AB 764
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Purpose. The author is the sponsor of this bill. According to
the author, this bill "seeks to provide awareness of storefront
crashes and encourage the use of [vehicle safety barriers] in
building design. A [vehicle barrier] is a vertical pillar or
safety device most often made of steel and concrete and is
installed in a footing in the ground and placed in a line?to
block a vehicle from crossing into a pedestrian, shopping or
seating area, or into a building. Specifically, AB 764 would
add [vehicle barrier] installation to this list of
considerations in the design of any new commercial property
parking lot. Additionally, it would authorize an insurer to
consider these [vehicle barriers] as a safety measure eligible
for discounted building insurance rates. By doing this, AB 764
will reduce the number of storefront crashes."
Background. Vehicle-into-Building Crashes. 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.
However, TTI notes 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 (ASTM), 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
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vehicle-into-building collision.
According to the Storefront Safety Council, more than 60
vehicle-into-building crashes occur each day, resulting in over
3,650 injuries per year. Most often, these storefront crashes
involve pedal or other driver error, with elderly drivers
accounting for nearly half of all storefront crashes.
According to the author, while building codes already exist that
have design standards to protect gas meters, fire hydrants, and
chemical tanks, few localities have established appropriate
standards for protection of building occupants. While many
major retailers in the United States already use impact
protection devices, other commercial property owners have been
slower to recognize the problem or have been awaiting government
guidelines on which preventative measures to adopt.
California Building Standards. The California Building
Standards Law establishes the CBSC and the process for adopting
state building standards. Under this process, state agencies
propose building standards for building types under their
jurisdiction, beginning with a model code developed by a
national code-writing entity which the agency proposes
amendments to reflect California's needs. The CBSC must then
adopt, modify, or reject those standards.
The state agencies involved in the development and proposal of
building standards include the following: 1) the Department of
Housing and Community Development (for hotels, apartments, and
dwellings); 2) the Division of the State Architect (for public
schools, community colleges, and accessibility in public
accommodations and public housing); 3) the Office of the State
Fire Marshal (for life and life safety for hotels, apartments,
dwellings, and assembly and high-rise buildings); 4) the Office
of Statewide Health Planning and Development (for hospitals and
clinics); 5) the Department of Consumer Affairs, and various
boards therein (for certain places of business); and 6) the
California Department of Public Health (for camps, public
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swimming pools). In addition, other state agencies, including
the California Energy Commission, the State Lands Commission,
and the Department of Water Resources, develop and adopt their
own building standards, which are approved by the CBSC.
However, not all buildings fall under the general jurisdiction
of a relevant state agency. For example, many commercial
occupancies may fall under the jurisdiction of the State Fire
Marshall for fire and panic safety standards, and under the
Division of State Architects for accessibility standards, but
are not part of any state agency's general jurisdiction.
The CBSC is responsible for developing building standards for
state owned buildings, including University and State College
buildings, and for developing green building standards for most
buildings except for housing, public schools, and hospitals.
The CBSC publishes in Title 24 of the California Code of
Regulations the CBC every three years, and its supplements, such
as the California Green Building Standards Code, in intervening
years. The building codes apply to all building occupancies,
and related features and equipment throughout the state, and set
requirements for structural, mechanical, electrical, and
plumbing systems, and require measures for energy conservation,
green design, construction and maintenance, fire and life
safety, and accessibility.
Analysis Prepared by:
Eunie Linden / B. & P. / (916) 319-3301 FN:
0002117