Summary — HB 5591: "The Charlotte A. Vacca Act" (Vehicle Barriers)
Bill number: HB 5591
Introduced: February 26, 2025 (filed March 14, 2025)
Sponsor(s): Reps. Phillips, J. Brien, Santucci, Casey, Voas, Bennett, Lima, Azzinaro, Corvese, Read
Companion: SB 216
Current status: 03/04/2025 — Committee recommended measure be held for further study (referred to House Corporations; later to Homeland Security, Public Safety & Veterans' Affairs)
Purpose
- To reduce injuries, fatalities, and property damage from vehicle collisions into retail buildings by requiring vehicle impact protection (barriers) in new commercial construction and encouraging barrier installation at existing retail locations. It also directs insurers to recognize barriers as a risk-reduction measure eligible for premium discounts.
Key provisions
- New statutory chapter added to Title 23 (Health and Safety) establishing the "Charlotte A. Vacca Act."
- Definitions:
- “Owner” — proprietor, operator, lessor, or sublessor of commercial real estate (per §34-49-2) used in whole or part by a retail establishment.
- “Retail establishments” — outlets whose primary operation is selling or conveying food or goods.
- “Vehicle barrier” — a safety device that meets at least the vehicle impact protection standards adopted and amended by the Rhode Island Building Code Commission.
- Installation requirement:
- Owners must install vehicle barriers as part of any new construction of commercial real estate or buildings that house retail establishments.
- Owners are encouraged (not mandated) to install barriers at their other existing retail locations.
- Insurance treatment:
- Insurers shall consider installed vehicle barriers a safety measure and provide or offer a discount on insurance covering property damage/loss or liability tied to the reduced risk.
- Any such discounts must be actuarially sound and approved by the Rhode Island Insurance Commissioner before use.
- Effective date: upon passage.
Who is affected
- Commercial property owners (proprietors, operators, lessors/sublessors) constructing new retail buildings.
- Retail businesses and their employees/customers (safety benefits).
- Insurers writing property and liability coverage for commercial/retail real estate.
- Rhode Island Building Code Commission (standards referenced) and the Insurance Commissioner (discount approval).
Implementation and considerations
- Practical effect depends on specific vehicle impact standards set/updated by the Building Code Commission; those technical standards will determine barrier types and costs.
- Costs: increased construction expenses for owners; potential insurance premium reductions if discounts are approved and actuarially justified.
- Lease arrangements: allocation of installation costs between owners and tenants may require contractual clarification.
- Enforcement and inspection mechanisms are not specified in the bill text; implementation would rely on existing building permit/code enforcement processes.
Legislative next steps
- Bill currently held for further study as of 03/04/2025. Companion SB 216 may move in the Senate. If revived, further committee hearings and possible amendment are likely prior to floor action.