AB 2866

  • California Assembly Bill
  • 2023-2024 Regular Session
  • Introduced in Assembly
  • Passed Assembly May 22, 2024
  • Passed Senate Aug 28, 2024
  • Became Law Sep 27, 2024

Pool safety: State Department of Social Services regulated facilities.

Abstract

Existing law, the California Child Day Care Facilities Act, provides for the licensure and regulation of child daycare facilities by the State Department of Social Services. For purposes of the act, a child daycare facility includes a daycare center and a family daycare home, defined as a facility that regularly provides care, protection, and supervision for 14 or fewer children, in the provider's own home, for periods of less than 24 hours per day. Under existing law, a violation of the act is a crime. Existing law, the Swimming Pool Safety Act, among other requirements, requires a pool or spa to be equipped with at least 2 of 7 specified drowning prevention safety features when a building permit is issued for (1) the construction of a new swimming pool or spa or (2) the remodeling of an existing pool or spa at a private single-family home, except as provided. Existing law requires the 7 safety features to include, among others, an enclosure isolating the swimming pool from the home, a removable mesh fencing around the swimming pool with a self-closing and self-latching gate, a safety pool cover, and an alarm that sounds upon an accidental or unauthorized entrance into the water. Existing law exempts certain facilities regulated by the State Department of Social Services from the requirements of the Swimming Pool Safety Act. This bill would repeal this exemption, making certain facilities regulated by the department subject to the Swimming Pool Safety Act, except as provided. The bill would require a licensed family daycare home operated at a private single-family dwelling with an in-ground swimming pool to have specified drowning safety features, including an enclosure and a cover or alarm, that meet specified standards. The bill would require a licensed daycare center with an in-ground swimming pool to have either a mesh fence, enclosure, or, if the pool is indoors, a self-closing door, as specified, and a 2nd, redundant feature that prevents children in the daycare center from entering the pool area unattended. The bill would also require safety equipment meeting certain specifications to be visible from the swimming pool and readily available for immediate use. The bill would require the licensees to perform a daily inspection of the safety features and safety equipment and maintain a log to be provided to the department upon request. The bill would require the department to by January 1, 2027, adopt regulations regarding bodies of water at daycare facilities regulated by the department and would require the department to prescribe drowning safety standards governing all swimming pools and bodies of water located at facilities regulated by the department. The bill would authorize the department to implement the changes by written directives until January 1, 2027. Because a willful or repeated violation of these provisions by a child daycare facility would be a crime, the bill would impose a state-mandated local program. Existing law requires a local building code official to, before the issuance of a final approval for the completion of permitted construction or remodeling work, inspect the drowning safety prevention features for compliance with the Swimming Pool Safety Act. By imposing additional duties on local officials relating to previously exempted pool or spa facilities, the bill would impose a state-mandated local program. This bill would incorporate additional changes to Section 115922 of the Health and Safety Code proposed by SB 552 to be operative only if this bill and SB 552 are enacted and this bill is enacted last. 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Bill Sponsors (2)

Votes


Actions


Sep 27, 2024

California State Legislature

Chaptered by Secretary of State - Chapter 745, Statutes of 2024.

California State Legislature

Approved by the Governor.

Sep 11, 2024

California State Legislature

Enrolled and presented to the Governor at 4 p.m.

Aug 29, 2024

Assembly

Assembly Rule 77 suspended.

Assembly

Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 76. Noes 0.).

Aug 28, 2024

Senate

Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0.).

Assembly

In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 30 pursuant to Assembly Rule 77.

Aug 26, 2024

Senate

Read second time. Ordered to third reading.

Aug 23, 2024

Senate

Read third time and amended. Ordered to second reading.

Aug 19, 2024

Senate

Read second time. Ordered to third reading.

Aug 15, 2024

Senate

From committee: Do pass. (Ayes 7. Noes 0.) (August 15).

Aug 05, 2024

Senate

In committee: Referred to APPR suspense file.

  • Referral-Committee
APPR suspense file.

Jul 03, 2024

Senate

From committee: Amend, and do pass as amended and re-refer to Com. on APPR with recommendation: To Consent Calendar. (Ayes 11. Noes 0.) (July 3).

Senate

Read second time and amended. Re-referred to Com. on APPR.

  • Amendment-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on APPR.

Jun 24, 2024

Senate

From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HEALTH.

  • Amendment-Introduction
  • Amendment-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on HEALTH.

Jun 18, 2024

Senate

From committee: Do pass and re-refer to Com. on HEALTH with recommendation: To Consent Calendar. (Ayes 5. Noes 0.) (June 17). Re-referred to Com. on HEALTH.

  • Committee-Passage
  • Committee-Passage-Favorable
  • Referral-Committee
Com. on HEALTH.

Jun 05, 2024

Senate

Referred to Coms. on HUMAN S. and HEALTH.

  • Referral-Committee
Coms. on HUMAN S. and HEALTH.

May 23, 2024

Senate

In Senate. Read first time. To Com. on RLS. for assignment.

May 22, 2024

Assembly

Read third time. Passed. Ordered to the Senate. (Ayes 72. Noes 0. Page 5513.)

May 20, 2024

Assembly

Read second time. Ordered to third reading.

May 16, 2024

Assembly

From committee: Do pass. (Ayes 15. Noes 0.) (May 16).

May 08, 2024

Assembly

In committee: Set, first hearing. Referred to APPR. suspense file.

  • Referral-Committee
APPR APPR. suspense file.

Apr 17, 2024

Assembly

From committee: Do pass and re-refer to Com. on APPR. (Ayes 15. Noes 0.) (April 16). Re-referred to Com. on APPR.

  • Committee-Passage
  • Committee-Passage-Favorable
  • Referral-Committee
Com. on APPR.

Apr 03, 2024

Assembly

From committee: Do pass and re-refer to Com. on HEALTH. (Ayes 7. Noes 0.) (April 2). Re-referred to Com. on HEALTH.

  • Committee-Passage
  • Committee-Passage-Favorable
  • Referral-Committee
Com. on HEALTH.

Assembly

Coauthors revised.

Mar 11, 2024

Assembly

Referred to Coms. on HUM. S. and HEALTH.

  • Referral-Committee
Coms. on HUM. S. and HEALTH.

Feb 16, 2024

Assembly

From printer. May be heard in committee March 17.

Feb 15, 2024

Assembly

Read first time. To print.

Bill Text

Bill Text Versions Format
AB2866 HTML
02/15/24 - Introduced PDF
06/24/24 - Amended Senate PDF
07/03/24 - Amended Senate PDF
08/23/24 - Amended Senate PDF
09/03/24 - Enrolled PDF
09/27/24 - Chaptered PDF

Related Documents

Document Format
04/12/24- Assembly Health PDF
05/06/24- Assembly Appropriations PDF
05/24/24- ASSEMBLY FLOOR ANALYSIS PDF
05/24/24- Assembly Human Services PDF
06/13/24- Senate Human Services PDF
07/01/24- Senate Health PDF
08/02/24- Senate Appropriations PDF
08/18/24- Sen. Floor Analyses PDF
08/25/24- Sen. Floor Analyses PDF
08/29/24- ASSEMBLY FLOOR ANALYSIS PDF

Sources

Data on Open States is updated periodically throughout the day from the official website of the California State Legislature.

If you notice any inconsistencies with these official sources, feel free to file an issue.