Bill Emmerson
- Republican
Author
(1) Under existing law, public wading pools, as defined, are required to equip drain suction outlets with specified anti-entrapment grates to prevent physical entrapment of the bathers. Under existing law, the Swimming Pool Safety Act, public swimming pools are exempted from that act's requirements that newly constructed pools be equipped with specified safety features, including anti-entrapment grates for drain suction outlets. This bill would require an existing public swimming pool, as defined, to be equipped with anti-entrapment devices or systems that meet ASME/ANSI or ASTM performance standards. It would also require an existing public swimming pool with a single main drain that is not an unblockable drain to meet at least one of the specified standards. The bill would impose timeframes by which its requirements must be met, subject to exceptions, as specified. The bill would require that every newly constructed public swimming pool have at least 2 main drains per pump that are hydraulically balanced and symmetrically plumbed through one or more "T" fittings, and that are separated by a distance of at least 3 feet in any dimension between the drains. This bill would authorize the State Department of Public Health to approve amendments or successors to these standards. The bill would require the department to develop, and a public swimming pool owner to file, a form to indicate compliance with the requirements of the bill, as specified. The form would be required to include a certification by a qualified individual, as defined, that prescribed factual information provided on the form is true to the best of his or her knowledge. This bill would declare the intent of the Legislature to occupy the whole field of health and safety standards for public swimming pools and to preempt all local health and safety standards relating to public swimming pools. This bill would authorize the department, until January 1, 2014, to assess a fee, as prescribed, but in an amount not to exceed $6, to defray the department's costs of carrying out its duties under the bill. The local health department would be required to collect the fee and would be authorized to retain a portion of this fee in an amount necessary to cover the administrative costs of collecting the fee, but in an amount not to exceed $1. The applicable local health department would be required to bill the owner of each public swimming pool in its jurisdiction for the amount of the state fee and remit money collected to the Controller. The bill would require a local health department to submit to the department, every 6 months, a list containing specified information regarding owners of public swimming pools who have failed to pay the state fees for more than 90 days, as prescribed. The bill would require any moneys collected from this state fee by either the local health department or the department to be deposited into the Recreational Health Fund, created by the bill. Money in that fund would be available, upon appropriation by the Legislature, for carrying out the department's duties under the bill. Violation of these requirements would constitute a misdemeanor. By creating new crimes, the bill would impose a state-mandated local program. By imposing new duties on local building officials and local health officials, the bill would impose a state-mandated local program. (2) Existing law requires the California Building Standards Commission to publish editions of the California Building Standards Code, as prescribed. Existing law requires the commission to publish the text of specified statutes in the code. This bill would require the commission to publish the text of specified provisions of the bill within the California Building Standards Code, as prescribed. (3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for specified reasons.
Chaptered by Secretary of State - Chapter 267, Statutes of 2009.
Approved by the Governor.
Enrolled and to the Governor at 7 p.m.
Senate amendments concurred in. To enrollment. (Ayes 73. Noes 2. Page 2988.)
Assembly Rule 77 suspended. (Page 2970.)
In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 4 pursuant to Assembly Rule 77.
Read third time, passed, and to Assembly. (Ayes 28. Noes 0. Page 2049.)
Read second time. To third reading.
From committee: Do pass. (Ayes 12. Noes 0.) (August 17).
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.
Read second time, amended, and re-referred to Com. on APPR.
From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (July 15).
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HEALTH.
In committee: Hearing postponed by committee.
In committee: Set, first hearing. Hearing canceled at the request of author.
In Senate. Read first time. To Com. on RLS. for assignment.
Read second time. To third reading.
Read third time. Urgency clause adopted. Passed and to Senate. (Ayes 74. Noes 1. Page 1964.)
Read second time and amended. Ordered returned to second reading.
From committee: Amend, and do pass as amended. (Ayes 13. Noes 0.) (May 28).
In committee: Set, first hearing. Referred to APPR. suspense file.
Read second time and amended.
From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 19. Noes 0.) (May 5).
From committee chair, with author's amendments: Amend, and re-refer to Com. on HEALTH. Read second time and amended.
In committee: Hearing postponed by committee.
In committee: Set, second hearing. Hearing canceled at the request of author.
In committee: Set, first hearing. Hearing canceled at the request of author.
Read first time.
From printer. May be heard in committee March 30.
Introduced. To print.
| Bill Text Versions | Format |
|---|---|
| AB1020 | HTML |
| 02/27/09 - Introduced | |
| 04/29/09 - Amended Assembly | |
| 05/20/09 - Amended Assembly | |
| 06/01/09 - Amended Assembly | |
| 07/09/09 - Amended Senate | |
| 07/23/09 - Amended Senate | |
| 08/17/09 - Amended Senate | |
| 09/09/09 - Enrolled | |
| 10/11/09 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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