California 2009-2010 Regular Session Status: Enacted

AB 1020 — Public swimming pools: anti-entrapment devices and systems.

Last action — Chaptered by Secretary of State - Chapter 267, Statutes of 2009.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 27, 2009. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 7 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

(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.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 267, Statutes of 2009.

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 7 p.m.

  4. Senate amendments concurred in. To enrollment. (Ayes 73. Noes 2. Page 2988.)

  5. Assembly Rule 77 suspended. (Page 2970.)

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 4 pursuant to Assembly Rule 77.

  7. Read third time, passed, and to Assembly. (Ayes 28. Noes 0. Page 2049.)

  8. Read second time. To third reading.

  9. From committee: Do pass. (Ayes 12. Noes 0.) (August 17).

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

  11. Read second time, amended, and re-referred to Com. on APPR.

  12. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (July 15).

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

  14. In committee: Hearing postponed by committee.

  15. In committee: Set, first hearing. Hearing canceled at the request of author.

  16. Referred to Com. on HEALTH.

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

  18. Read third time. Urgency clause adopted. Passed and to Senate. (Ayes 74. Noes 1. Page 1964.)

  19. Read second time. To third reading.

  20. Read second time and amended. Ordered returned to second reading.

  21. From committee: Amend, and do pass as amended. (Ayes 13. Noes 0.) (May 28).

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

  23. Re-referred to Com. on APPR.

  24. Read second time and amended.

  25. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 19. Noes 0.) (May 5).

  26. Re-referred to Com. on HEALTH.

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

  28. In committee: Hearing postponed by committee.

  29. In committee: Set, second hearing. Hearing canceled at the request of author.

  30. In committee: Set, first hearing. Hearing canceled at the request of author.

  31. Referred to Com. on HEALTH.

  32. Read first time.

  33. From printer. May be heard in committee March 30.

  34. Introduced. To print.

Sponsors

  • Emmerson · Primary
  • Ma · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 1 co-sponsors · 120 not signed on

Sponsors (1)

  • Emmerson

Co-sponsors (1)

  • Ma

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 84 Yea · 2 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 79204
Democratic 2001
Republican 3000
Total 84205
% of votes cast 92%2%0%5%
How each member voted (91)
Member Party Vote
Carter — Yea
Eng — Yea
Feuer — Yea
Conway — Yea
Cook — Yea
Bill — Yea
Tom — Yea
Fuller — Yea
Furutani — Yea
Galgiani — Yea
Garrick — Yea
Gilmore — Yea
Hall — Yea
Hayashi — Yea
Hernandez — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Huber — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
Ammiano — Yea
Beall — Yea
Blakeslee — Yea
Coto — Yea
Duvall — Yea
Huffman — Yea
Jeffries — Yea
Krekorian — Yea
Logue — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Chesbro — Not Voting
Yamada — Yea
Charles — Not Voting
Hagman — Not Voting
Knight — Nay
Miller — Yea
Bass — Yea
Nava — Yea
Ruskin — Yea
Silva — Yea
Skinner — Yea
Smyth — Yea
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Villines — Yea
Adams — Yea
Anderson — Nay
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Hill — Yea
Lieu — Yea
Ma — Yea
Mendoza — Yea
Monning — Yea
Nestande — Yea
Nielsen — Yea
Solorio — Yea
Torres — Yea
Tran — Yea
Emmerson — Yea
Evans — Yea
Davis — Not Voting
DeVore — Yea
Fuentes — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Not Voting
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Passed 29 Yea · 0 Nay · 12 Other
Party YeaNayPresentNot Voting
Unaffiliated 270011
Republican 1000
Democratic 1001
Total 290012
% of votes cast 71%0%0%29%
How each member voted (41)
Member Party Vote
Yee — Not Voting
Hancock — Not Voting
Cedillo — Not Voting
Florez — Yea
Harman — Yea
Huff — Yea
Kehoe — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Ducheny — Yea
Dutton — Yea
McLeod — Yea
Alquist — Not Voting
Benoit — Yea
Pavley — Yea
Simitian — Yea
Steinberg — Yea
Walters — Yea
Wolk — Yea
Wright — Yea
Hollingsworth — Not Voting
Liu — Not Voting
Oropeza — Not Voting
Price — Not Voting
Aanestad — Not Voting
Ashburn — Yea
Leno — Yea
Maldonado — Yea
Romero — Not Voting
Wiggins — Yea
Wyland — Yea
Cogdill — Yea
Corbett — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Not Voting
Denham — Yea
Calderon, Lisa Democratic Not Voting
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 12 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 12001
Total 12001
% of votes cast 92%0%0%8%
How each member voted (13)
Member Party Vote
Yee — Yea
Hancock — Yea
Runner — Yea
Leno — Yea
Oropeza — Yea
Kehoe — Yea
Price — Yea
Walters — Yea
Wolk — Yea
Wyland — Not Voting
Corbett — Yea
Cox — Yea
Denham — Yea

Official roll call →

Passed 10 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 9002
Republican 1000
Total 10002
% of votes cast 83%0%0%17%
How each member voted (12)
Member Party Vote
Cedillo — Yea
Negrete — Yea
Leno — Yea
Maldonado — Not Voting
McLeod — Yea
Alquist — Yea
Pavley — Yea
Wolk — Yea
Aanestad — Not Voting
Cox — Yea
DeSaulnier — Yea
Strickland, Tony Republican Yea

Official roll call →

Passed 85 Yea · 1 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 79106
Republican 3000
Democratic 3000
Total 85106
% of votes cast 92%1%0%7%
How each member voted (92)
Member Party Vote
Hagman — Not Voting
Yamada — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Bill — Not Voting
Duvall — Not Voting
Fuller — Yea
Furutani — Yea
Garrick — Yea
Gilmore — Yea
Hall — Yea
Harkey — Yea
Hayashi — Yea
Hill — Yea
Anderson — Nay
Huber — Yea
Jeffries — Yea
Knight — Yea
Lieu — Yea
Logue — Yea
Mendoza — Yea
Miller — Not Voting
Nava — Yea
Nestande — Yea
Price — Yea
Ruskin — Yea
Silva — Yea
Skinner — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Villines — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Tom — Yea
Evans — Yea
Charles — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Ammiano — Yea
Beall — Yea
Blakeslee — Yea
Coto — Yea
Adams — Yea
Bass — Yea
Block — Not Voting
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hernandez — Yea
Huffman — Yea
Krekorian — Yea
Ma — Yea
Monning — Yea
Nielsen — Yea
Smyth — Yea
Torlakson — Yea
Tran — Yea
Emmerson — Yea
Eng — Yea
Feuer — Yea
Davis — Yea
DeVore — Yea
Fuentes — Yea
Galgiani — Yea
Beth Gaines — Yea
Bill Berryhill — Not Voting
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended.

Passed 18 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 16004
Democratic 1000
Republican 1000
Total 18004
% of votes cast 82%0%0%18%
How each member voted (22)
Member Party Vote
Hall — Yea
Charles — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Yea
Ammiano — Yea
Duvall — Not Voting
Krekorian — Yea
Price — Yea
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Harkey — Not Voting
Miller — Not Voting
Nielsen — Not Voting
Davis — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Passed 26 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 23000
Republican 2000
Democratic 1000
Total 26000
% of votes cast 100%0%0%0%
How each member voted (26)
Member Party Vote
Hall — Yea
Carter — Yea
Hernandez — Yea
Conway — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Gaines — Yea
Bonnie — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Salas — Yea
Audra — Yea
Adams — Yea
Ammiano — Yea
Block — Yea
Hayashi — Yea
Nava — Yea
Emmerson — Yea
Lowenthal, Josh Democratic Yea
Jones, Brian W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does AB 1020 do?
(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.
Who sponsors AB 1020?
AB 1020 is sponsored by Emmerson and Ma.
What is the current status of AB 1020?
This bill has been enacted into law. Introduced February 27, 2009. Enacted.
Where can I track AB 1020?
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