AB 2161, as introduced, 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, and to update standards as it determines necessary, for the installation of vehicle 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 in or on a commercial property parking lot as a safety measure and 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 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 Insurance 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 18940.7 is added to the Health and Safety
2Code, to read:
(a) The California Building Standards Commission,
4in collaboration with the State Architect and the State Fire Marshal,
5shall consider standards, and shall update standards as it determines
6necessary, for the installation of vehicle barriers to protect persons
7located within, or in or on the property of, buildings, or to protect
8pedestrians, from collisions into those buildings by motor vehicles.
9(b) For the purposes of this section, a vehicle barrier includes
10a horizontal or vertical protective device placed to protect persons
11located within, or in or on the property of, buildings, or to protect
12pedestrians, from collisions into those buildings by motor vehicles.
13(c) For purposes of subdivision (a), the standards considered
14shall include existing standards adopted or developed by a
15standard-setting organization recognized by the commission,
16including, but not limited to, the American Society for Testing and
17Materials (ASTM) or another similar organization.
Chapter 6 (commencing with Section 11895) is added
19to Part 3 of Division 2 of the Insurance Code, to read:
20
(a) An insurer may consider the installation of vehicle
25barriers approved by the California Building Standards
26Commission to protect persons located within, or in or on the
27property of, buildings, or to protect pedestrians, from collisions
28into those buildings by motor vehicles, on a commercial property
29parking lot as a safety measure and may provide or offer a discount
30on the property owner’s insurance covering damage or loss to the
31covered commercial property, or liability arising out of the
32ownership, maintenance, or use of the commercial property relative
33to the reduced risk to the property as a result of installation of the
P3 1barriers if the discount provided or offered is provided or offered
2consistent with Article 10 (commencing with Section 1861.01) of
3Chapter
9 of Part 2 of Division 1.
4(b) For the purposes of this section, a vehicle barrier includes
5a horizontal or vertical protective device placed to protect persons
6located within, or in or on the property of, buildings, or to protect
7pedestrians, from collisions into those buildings by motor vehicles.
8(c) Any discounts on insurance provided in accordance with
9this section shall be determined to be actuarially sound and
10approved by the commissioner prior to their use.
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