BILL ANALYSIS Ó
SB 287
Page 1
SENATE THIRD READING
SB
287 (Hueso)
As Amended July 16, 2015
Majority vote
SENATE VOTE: 28-3
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Business & |14-0 |Bonilla, Jones, | |
|Professions | |Baker, Bloom, Campos, | |
| | |Chang, Dodd, Eggman, | |
| | |Gatto, Holden, | |
| | |Mullin, Ting, Wilk, | |
| | |Wood | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Judiciary |9-0 |Mark Stone, Weber, | |
| | |Wagner, Alejo, Chau, | |
| | |Chiu, | |
| | | | |
| | | | |
| | |Cristina Garcia, | |
| | |Maienschein, Thurmond | |
| | | | |
|----------------+-----+----------------------+--------------------|
SB 287
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|Appropriations |17-0 |Gomez, Bigelow, | |
| | |Bloom, Bonta, | |
| | |Calderon, Chang, | |
| | |Daly, Eggman, | |
| | |Gallagher, | |
| | | | |
| | | | |
| | |Eduardo Garcia, | |
| | |Holden, Jones, Quirk, | |
| | |Rendon, Wagner, | |
| | |Weber, Wood | |
| | | | |
| | | | |
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SUMMARY: Requires certain occupied buildings, with capacities of
200 persons or greater, as specified, constructed on or after
January 1, 2017, to have an automated external defibrillator (AED)
on the premises. Specifically, this bill:
1)Requires the following structures, that are constructed on or
after January 1, 2017, as defined in the California Building
Standards Code, to have an AED on the premises subject to the
existing requirements listed in the Health and Safety Code (HSC)
relating to maintenance, training, and use:
a) Assembly buildings, as defined, with an occupancy of greater
than 300;
b) Business buildings, educational buildings, factory
buildings, institutional buildings, and mercantile buildings,
as each of these buildings are defined, and if they have
occupancies of 200 or more; and,
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c) Residential buildings, as defined, with occupancy of 200 or
more, excluding single-family and multi-family dwelling units.
2)Exempts from civil liability a person or entity that acquires an
AED for emergency care pursuant to these provisions, as specified,
in existing provisions of existing law that condition immunity on
meeting certain requirements related to maintenance, training, and
use of an AED, as specified.
3)Excludes structures owned or operated by any local entity,
licensed health facilities, and buildings that are vacant or under
construction or renovation from the provisions of this bill.
FISCAL EFFECT: According to the Assembly Appropriations Committee,
likely minor annual state costs, related to the purchase,
installation, and maintenance of AEDs and training on their use.
These costs would be from the General Fund and various special funds
and would depend on the number of applicable state buildings
constructed each year. At the state level, this bill would mainly
impact the Department of General Services (DGS), the Department of
Corrections and Rehabilitation, the University of California, and
the California State University. According to DGS, the cost of an
AED unit is about $2,000. In addition, DGS provides training on AED
operations through a contract costing $5,000 annually. Pending
legislation would reduce training requirements, however.
DGS notes that best practice is to have one AED on each floor, or if
a building is single-story, to have an AED within one-minute walk of
where any emergency could occur within the building. While meeting
these practices would increase costs, this bill does not contain
such requirements.
COMMENTS:
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Purpose. This bill is sponsored by the author. According to the
author, "An estimated 350,000 individuals in the United States will
suffer this year from a Sudden Cardiac Arrest (SCA). For every
minute an individual goes without receiving defibrillation from an
AED, an individual's chances of surviving from SCA go down by 10%.
Brain death and permanent death start to occur 4-6 minutes after
someone experiences cardiac arrest. The use of an AED in a timely
manner can increase an individual's probability of survival by 70%.
By requiring AED devices in newly constructed buildings with large
occupancies, we can ensure that more individuals will be within 4
minutes of an AED, substantially increasing their chance of
survival. In my district, the City of San Diego has implemented a
similar ordinance, and has supported Project Heartbeat, which
provides AEDs and has saved 123 individuals."
AEDs. An AED is a lightweight, battery-operated portable device
that checks the heart rhythm and can deliver an electric shock
through the chest to the heart to try to restore a normal heart
rhythm. AEDs are used to treat SCA. An SCA is a condition in which
the heart suddenly and unexpectedly stops beating, which stops blood
flowing to the brain and other vital organs. According to the
American Heart Association (AHA) most SCAs result from ventricular
fibrillation ("v-fib"). This is a rapid and unsynchronized heart
rhythm starting in the heart's lower pumping chambers, or the
ventricles, which is a type of arrhythmia. The heart must be
defibrillated quickly, because a victim's chance of surviving drops
by 10% for every minute a normal heartbeat is not restored.
According to the National Heart, Lung, and Blood Institute of the
National Institutes of Health (NHLBI), 95% of people who have SCA
die from it within minutes.
A built-in computer in the AED checks a victim's heart rhythm
through adhesive electrodes, and calculates whether defibrillation
is needed. If defibrillation is needed, a recorded voice instructs
the rescuer to press the shock button on the AED. This shock
momentarily stuns the heart and stops all activity, giving the heart
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the chance to resume beating effectively. Instructions guide the
user through the process, and the device prompts the user to let
them know if and when they should send a shock to the heart. AEDs
advise a shock only for ventricular fibrillation or another
life-threatening condition relating to the heart. According to the
NHLBI, "? learning how to use an AED and taking a CPR course are
helpful. However, if trained personnel aren't available, untrained
people can also use an AED to help save someone's life."
According to the AHA, AEDs are safe to use by anyone who's been
trained to use them, and studies have shown that 90% of the time
AEDs are able to detect a rhythm that should be defibrillated, and
95% of the time, AEDs are able to recommend not shocking when the
computer shows defibrillation is not indicated. According to the
NHLBI, AEDs are "? safe to use. There are no reports of AEDs
harming bystanders or users. Also, there are no reports of AEDs
delivering inappropriate shocks." According to the AHA, most AEDs
are estimated to cost $1,500 to $2,000.
Building Classifications. The California Building Standards Code
(CBSC) classifies buildings and structures by use and occupancy, and
requires a room or space that is intended to be occupied at
different times for different purposes to comply with all of the
requirements that are applicable to each of the purposes for which
the room or space will be occupied. This bill would require
specified private and state structures, as defined in the CBSC, to
have AEDs on premises. These structures include the following:
1)Assembly Group A buildings with an occupancy of greater than 300
used for the gathering of persons (e.g., theaters, banquet halls,
restaurants, bars, libraries, museums).
2)Business Group B buildings with occupancy of 200 or more used for
office, professional, or service-type transactions (e.g. banks,
salons, professional services offices).
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3)Educational Group E buildings with occupancy of 200 or more used
by more than six persons at any one time for educational purposes
through the 12th grade.
4)Factory Industrial Group F buildings with an occupancy of 200 or
more used for assembling, fabricating, finishing, manufacturing,
packaging, repair or processing operations.
5)Institutional Group I buildings with an occupancy of 200 or more
in which care or supervision is provided to persons who are or are
not capable of self-preservation without assistance or in which
persons are detained (e.g. hospitals, jails, prisons, nursing
homes).
6)Mercantile Group M buildings with occupancy of 200 or more used
for the display and sale of merchandise (e.g. department stores,
markets, retail stores).
7)Residential Group R buildings with an occupancy of 200 or more
used for sleeping purposes when not regulated by the California
Residential Code (e.g. hotels, assisted living facilities).
Other AED programs. In 2013, Oregon passed a law that required
owners of a place of public assembly, defined as a single building
that has 50,000 square feet or more of indoor floor space and where
the public congregates for purposes such as deliberation, shopping,
entertainment, amusement or awaiting transportation, or where
business activities are conducted and at least 50 individuals
congregate on a normal business day, to have on the premises at
least one AED.
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In 2008, the City of San Diego passed an ordinance, which this bill
is modeled after, in part, requiring the placement of AEDs in all
newly constructed buildings in the same occupancy groups with the
same occupant loads as specified in this bill. This ordinance also
required AEDs to be located in a place to optimally achieve a three
minute response time to the person in need of emergency care, and
placed other requirements on building owners relating to the
maintenance, recordkeeping, training, and use of the AED, as
specified. According to San Diego's Project Heart Beat, the city's
Public Access Defibrillation/CPR Program, over 123 lives have been
saved as a result of the program.
Analysis Prepared by:
Eunie Linden / B. & P. / (916) 319-3301 FN: 0001442