Amended in Assembly April 6, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2161

Introduced by Assembly Member Quirk

February 17, 2016

An act to begin delete add Section 18940.7 to the Health and Safety Code, and to end delete 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 2161, 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 begin delete 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 end delete authorize an insurer to consider the installation of vehicle barriers begin delete in or on a commercial property parking lot end delete 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:

begin delete

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, and shall update 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.

(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.

end delete

begin delete SEC. 2. end delete

begin insert SECTION 1. end insert   

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 begin delete 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 end delete as a safety measure 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 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 begin delete 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. end delete

begin insert is a safety device that meets, at a minimum, the vehicle impact
protection standards as provided by the State Fire Marshal and
adopted by the California Building Standards Commission and
installed to protect persons located within, in, or on the property
of, buildings, or to protect pedestrians, from collisions into those
buildings by motor vehicles. end insert

(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.