(1)Existing law requires the State Architect to establish and publicize a program for the voluntary certification by the state of any person who meets specified criteria as a Certified Access Specialist (CASp). Existing law requires each applicant for CASp certification or renewal to pay certain fees, and requires the State Architect to periodically review those fees, as specified. Existing law provides for the deposit of those fees into the Certified Access Specialist Fund, which is continuously appropriated for use by the State Architect to implement the CASp program.

This bill would require applicants for CASp certification or renewal to additionally provide to the State Architect the name of the city, county, or city and county in which the applicant intends to provide or has provided services, and would require the State Architect to post that information on his or her Internet Web site.

(2)Existing law requires a commercial property owner or lessor to state on every lease form or rental agreement executed on or after July 1, 2013, whether the property has been determined by a CASp to meet all applicable construction-related accessibility standards.

This bill, for every lease form or rental agreement executed on or after January 1, 2016, would require the commercial property owner or lessor to provide the lessee or tenant with a current disability access inspection certificate and inspection report or a copy of a CASp inspection report, as specified, or would require a statement on the form or agreement that, upon request of the lessee or tenant, the property owner may not prohibit a CASp inspection of the subject premises at the lessees or tenants expense and that the parties must mutually agree on the arrangements for the time and manner of the inspection.

(3)Existing law establishes the California Commission on Disability Access for purposes of developing recommendations to enable persons with disabilities to exercise their right to full and equal access to public facilities and facilitating business compliance with applicable state and federal laws and regulations. Existing law sets forth the powers and duties of the commission, including, but not limited to, developing educational materials and information for businesses, building owners, tenants, and building officials, posting that information on the commissions Internet Web site, and coordinating with other state agencies and local building departments to ensure that information provided to the public on disability access requirements is uniform and complete. Existing law provides that those provisions shall not remain operative unless funds are appropriated for those purposes.

This bill would additionally require the commission to provide a link on its Internet Web site to the Internet Web site of the Division of the State Architects CASp certification program and to make the commissions educational materials and information available to other state agencies and local building departments.

(4)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 a specified reason.

(1)Existing law requires the State Architect to establish and publicize a program for the voluntary certification by the state of any person who meets specified criteria as a Certified Access Specialist (CASp). Existing law requires each applicant for CASp certification or renewal to pay certain fees, and requires the State Architect to periodically review those fees, as specified. Existing law provides for the deposit of those fees into the Certified Access Specialist Fund, which is continuously appropriated for use by the State Architect to implement the CASp program.

This bill would require applicants for CASp certification or renewal to additionally provide to the State Architect information about the name of the city, county, or city and county in which the applicant intends to provide or has provided services, and would require the State Architect to post that information on his or her Internet Web site.

(2)Existing law requires a commercial property owner or lessor to state on every lease form or rental agreement executed on or after July 1, 2013, whether the property has been determined by a CASp to meet all applicable construction-related accessibility standards.

This bill, for every lease form or rental agreement executed on or after July January 1, 2016, would require the commercial property owner or lessor to provide the lessee or tenant with a current disability access inspection certificate and inspection report or a copy of a CASp inspection report, as specified, or would require a statement on the form or agreement that, upon request of the lessee or tenant, the property owner may not prohibit a CASp inspection of the subject premises at the lessees or tenants expense and that the parties must mutually agree on the arrangements for the time and manner of the inspection.

(3)Existing law establishes the California Commission on Disability Access for purposes of developing recommendations to enable persons with disabilities to exercise their right to full and equal access to public facilities and facilitating business compliance with applicable state and federal laws and regulations. Existing law sets forth the powers and duties of the commission, including, but not limited to, developing educational materials and information for businesses, building owners, tenants, and building officials, posting that information on the commissions Internet Web site, and coordinating with other state agencies and local building departments to ensure that information provided to the public on disability access requirements is uniform and complete. Existing law provides that those provisions shall not remain operative unless funds are appropriated for those purposes.

This bill would additionally require the commission to provide a link on its Internet Web site to the Internet Web site of the Division of the State Architects CASp certification program and to make the commissions educational materials and information available to other state agencies and local building departments. The bill would also appropriate the sum of $120,000 from the General Fund to the commission for the 201516 fiscal year for the purpose of establishing 2 permanent outreach coordinator positions.

(4)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 a specified reason.

(1)Existing law requires the State Architect to establish and publicize a program for the voluntary certification by the state of any person who meets specified criteria as a Certified Access Specialist (CASp). Existing law requires each applicant for CASp certification or renewal to pay certain fees, and requires the State Architect to periodically review those fees, as specified. Existing law provides for the deposit of those fees into the Certified Access Specialist Fund, which is continuously appropriated for use by the State Architect to implement the CASp program.

This bill would require applicants for CASp certification or renewal to additionally provide to the State Architect information about the city, county, or city and county in which the applicant intends to provide or has provided services, and would require the State Architect to post that information on his or her Internet Web site.

(2)Until December 31, 2018, existing law requires any applicant for a local business license or equivalent instrument or permit, or renewal of a local business license or equivalent instrument or permit, to pay an additional fee of $1 for that license, instrument, or permit. Under existing law, the city, county, or city and county that collected the fee retains 70% of the fee, and the remaining 30% of the fee is deposited into the Disability Access and Education Revolving Fund, a continuously appropriated fund. Existing law requires each local entity collecting the fee to make an annual report on the fees to the Legislature and to the chairs of specified committees, as specified.

This bill would extend the operation of those provisions indefinitely. By increasing the revenue deposited into a continuously appropriated fund, this bill would make an appropriation. By extending the duties of local governments with respect to the reporting of specified fees, this bill would impose a state-mandated local program.

(3)Existing law requires a commercial property owner or lessor to state on every lease form or rental agreement executed on or after July 1, 2013, whether the property has been determined by a CASp to meet all applicable construction-related accessibility standards.

This bill, for every lease form or rental agreement executed on or after July 1, 2016, would require the commercial property owner or lessor to provide the lessee or tenant with a current disability access inspection certificate and inspection report or a copy of a CASp inspection report, or would require a statement on the form or agreement that, upon request of the lessee or tenant, the property owner may permit not prohibit a CASp inspection of the subject premises at the lessees or tenants expense and that the parties must mutually agree on the arrangements for the time and manner of the inspection.

(4)Existing law establishes the California Commission on Disability Access for purposes of developing recommendations to enable persons with disabilities to exercise their right to full and equal access to public facilities and facilitating business compliance with applicable state and federal laws and regulations. Existing law sets forth the powers and duties of the commission, including, but not limited to, developing educational materials and information for businesses, building owners, tenants, and building officials, posting that information on the commissions Internet Web site, and coordinating with other state agencies and local building departments to ensure that information provided to the public on disability access requirements is uniform and complete. Existing law provides that those provisions shall not remain operative unless funds are appropriated for those purposes.

This bill would additionally require the commission to provide a link on its Internet Web site to the Internet Web site of the Division of the State Architects CASp certification program and to make the commissions educational materials and information available to other state agencies and local building departments. The bill would also appropriate the sum of $120,000 from the General Fund to the commission for the 201516 fiscal year for the purpose of establishing 2 permanent outreach coordinator positions.

(1)Existing law requires the State Architect to establish and publicize a program for the voluntary certification by the state of any person who meets specified criteria as a Certified Access Specialist (CASp). Existing law requires each applicant for CASp certification or renewal to pay certain fees, and requires the State Architect to periodically review those fees, as specified. Existing law provides for the deposit of those fees into the Certified Access Specialist Fund, which is continuously appropriated for use by the State Architect to implement the CASp program.

This bill would require applicants for CASp certification or renewal to additionally provide to the State Architect information about the city, county, or city and county in which the applicant intends to provide or has provided services, and would require the State Architect to post that information on his or her Internet Web site.

(2)Until December 31, 2018, existing law requires any applicant for a local business license or equivalent instrument or permit, or renewal of a local business license or equivalent instrument or permit, to pay an additional fee of $1 for that license, instrument, or permit. Under existing law, the city, county, or city and county that collected the fee retains 70% of the fee, and the remaining 30% of the fee is deposited into the Disability Access and Education Revolving Fund, a continuously appropriated fund.

This bill would extend the operation of those provisions indefinitely. By increasing the revenue deposited into a continuously appropriated fund, this bill would make an appropriation.

(3)Existing law requires a commercial property owner or lessor to state on every lease form or rental agreement executed on or after July 1, 2013, whether the property has been determined by a CASp to meet all applicable construction-related accessibility standards.

This bill, for every lease form or rental agreement executed on or after July 1, 2016, would require the commercial property owner or lessor to provide the lessee or tenant with a current disability access inspection certificate and inspection report or a copy of a CASp inspection report, or would require a statement on the form or agreement that, upon request of the lessee or tenant, the property owner will arrange for may permit a CASp inspection of the property subject premises at the lessees or tenants expense. expense and that the parties must mutually agree on the arrangements for the time and manner of the inspection.

(4)Existing law establishes the California Commission on Disability Access for purposes of developing recommendations to enable persons with disabilities to exercise their right to full and equal access to public facilities and facilitating business compliance with applicable state and federal laws and regulations. Existing law sets forth the powers and duties of the commission, including, but not limited to, developing educational materials and information for businesses, building owners, tenants, and building officials, posting that information on the commissions Internet Web site, and coordinating with other state agencies and local building departments to ensure that information provided to the public on disability access requirements is uniform and complete. Existing law provides that those provisions shall not remain operative unless funds are appropriated for those purposes.

This bill would additionally require the commission to provide a link on its Internet Web site to the Internet Web site of the Division of the State Architects CASp certification program and to make the commissions educational materials and information available to other state agencies and local building departments. The bill would also appropriate the sum of $120,000 from the General Fund to the commission for the 201516 fiscal year for the purpose of establishing 2 permanent outreach coordinator positions.

(1)Existing law requires the State Architect to establish and publicize a program for the voluntary certification by the state of any person who meets specified criteria as a Certified Access Specialist (CASp). Existing law requires each applicant for CASp certification or renewal to pay certain fees, and requires the State Architect to periodically review those fees, as specified. Existing law provides for the deposit of those fees into the Certified Access Specialist Fund, which is continuously appropriated for use by the State Architect to implement the CASp program.

This bill would require applicants for CASp certification or renewal to additionally provide to the State Architect information about the city, county, or city and county in which the applicant intends to provide or has provided services, and would require the Division of the State Architect to post that information on its his or her Internet Web site.

(2)Until December 31, 2018, existing law requires any applicant for a local business license or equivalent instrument or permit, or renewal of a local business license or equivalent instrument or permit, to pay an additional fee of $1 for that license, instrument, or permit. Under existing law, the city, county, or city and county that collected the fee retains 70% of the fee, and the remaining 30% of the fee is deposited into the Disability Access and Education Revolving Fund, a continuously appropriated fund.

This bill would extend the operation of those provisions indefinitely. By increasing the revenue deposited into a continuously appropriated fund, this bill would make an appropriation.

(3)Existing law requires a commercial property owner or lessor to state on every lease form or rental agreement executed on or after July 1, 2013, whether the property has been determined by a CASp to meet all applicable construction-related accessibility standards.

This bill, for every lease form or rental agreement executed on or after July 1, 2016, would require the commercial property owner or lessor to provide the lessee or tenant with a current disability access inspection certificate and inspection report or a copy of a CASp inspection report, or would require a statement on the form or agreement that, upon request of the tenant, the property owner will arrange for CASp inspection of the property at the tenants expense.

(4)Existing law establishes the California Commission on Disability Access for purposes of developing recommendations to enable persons with disabilities to exercise their right to full and equal access to public facilities and facilitating business compliance with applicable state and federal laws and regulations. Existing law sets forth the powers and duties of the commission, including, but not limited to, developing educational materials and information for businesses, building owners, tenants, and building officials, posting that information on the commissions Internet Web site, and coordinating with other state agencies and local building departments to ensure that information provided to the public on disability access requirements is uniform and complete. Existing law provides that those provisions shall not remain operative unless funds are appropriated for those purposes.

This bill would additionally require the commission to provide a link on its Internet Web site to the Internet Web site of the Division of the State Architects CASp certification program, program and to make the commissions educational materials and information available to other state agencies and local building departments, and departments. The bill would also appropriate the sum of $500,000 $120,000 from the General Fund to the commission for the 201516 fiscal year for the above-described purposes. purpose of establishing 2 permanent outreach coordinator positions.

(4)Existing law establishes the California Commission on Disability Access for purposes of developing recommendations to enable persons with disabilities to exercise their right to full and equal access to public facilities and facilitating business compliance with applicable state and federal laws and regulations. Existing law sets forth the powers and duties of the commission, as specified. including, but not limited to, developing educational materials and information for businesses, building owners, tenants, and building officials, posting that information on the commissions Internet Web site, and coordinating with other state agencies and local building departments to ensure that information provided to the public on disability access requirements is uniform and complete. Existing law provides that those provisions shall not remain operative unless funds are appropriated for those purposes.

This bill would additionally require the commission to provide a link on its Internet Web site to the Internet Web site of the Division of the State Architects CASp certification program, make the commissions educational materials and information available to other state agencies and local building departments, and appropriate the sum of $500,000 from the General Fund to the California Commission on Disability Access commission for the 201516 fiscal year for those the above-described purposes.

Existing law authorizes the governing board of any school district to provide for the transportation of pupils to and from school whenever, in the judgment of the governing board of the school district, the transportation is advisable and good reasons exist therefor.

This bill would make nonsubstantive changes to that provision.

GOVERNOR'S VETO

GV Bill Id:AB 1342

Author:(Steinorth)

As Enrolled Ver:September 9, 2015

2/3 vote

Original Committee Reference: JUD.

SUMMARY: Enacts a number of measures intended to promote disability access compliance. Specifically, this bill:

1. Requires the State Architect to require a certified access specialist (CASp) applicant to provide the location (i.e. city, county, or city and county) in which the CASp will provide services. Further requires the State Architect to post the location that each CASp provides or intends to provide services.

2. Requires the California Commission on Disability Access (Commission) to post on its website a link to the Division of State Architect’s Certified Access Specialist Program Web site to assist building owners and tenants in locating or hiring a CASp.

3. Requires a commercial property owner to state on every lease form or rental agreement executed after January 1, 2016, additional information to the tenant or lessor about the condition of the rented or leased property.

4. Requires the Commission to establish a permanent legislative outreach coordinator position and a permanent educational outreach coordinator position.

The Senate amendments:

1. Delete the provision removing the sunset (currently December 31, 2018) on the requirement for a city, county, or city and county to collect a $1 business license fee, 70% of the fee, and deposit the remaining 30% of the fee into the Disability Access and Education Revolving Fund, a continuously appropriated fund.

2. Apply the new disclosure provisions to leases executed after January 1, 2016 (rather than July 1, 2016).

3. Delete the provision appropriating the sum of $120,000 from the General Fund to the commission for the 2015-16 fiscal year for the purpose of establishing two permanent outreach coordinator positions.

EXISTING LAW:

1. Provides for the Commission, an independent state agency composed of 17 members, with the general responsibility for monitoring disability access compliance in California, and the authority to hold hearings and make recommendations to the Legislature for necessary changes to existing state law in order to facilitate implementation of state and federal laws on disability access.

2. Requires the Commission to use its funding, as appropriate, to provide information about preventing or minimizing compliance problems among California businesses, and recommending programs to enable persons with disabilities to obtain full and equal access to public facilities.

FISCAL EFFECT: According to the Senate Appropriations Committee, commission staff costs of $240,000 annually beginning in 2016-17 ongoing (General Fund) and minor costs to the Division of the State Architect to collect CASp information and post it on a Web site (General Fund).

COMMENTS: The author contends that the Commission – since its inception – has been tasked with additional responsibilities without corresponding increases in funding. In 2012, the Legislature passed SB 1186 (Steinberg), Chapter 383, Statutes of 2012, a landmark bipartisan measure carried by the Senate's majority and minority leaders, to address the issue of American with Disabilities Act litigation. While many provisions in SB 1186 were procedural in nature and benefitted the business community, SB 1186 imposed additional duties on the Commission.

The Commission's work is integral in any solution aimed at improving compliance with construction-related accessibility standards and access to public accommodations. Indeed, many of the Commission’s reports have helped to shape this Committee's discussions on the issues of disability access and construction-related accessibility claims.

Locating a CASp. Under current law, the State Architect certifies applicants to become CASps. The State Architect publishes a list of all the CASps in the State on its website. Currently, there are over 575 CASps throughout the state. However, despite the large number of CASps, it may be difficult to find a CASp who is available in a given area. Currently, the State Architect's Web site does not consistently provide the location in which a CASp provides his or her services. This lack of information makes it difficult for a business property owner or tenant to locate or hire a CASp in a specific region.

A Commercial Property Owner’s Responsibilities to a Tenant in Reporting Compliance with California’s Disability Access Laws. Under the law, a commercial property owner is required to state on every lease form or rental agreement whether the property has been inspected by a CASp. However, because the property owner may not know whether the property has met all applicable-related accessibility standards, the current law may unintentionally create a disincentive for a business property owner to obtain CASp services. The additional information provided under this bill will allow commercial tenants to better understand the state of the leased property, and allows the commercial property owner or tenant to take proactive steps in reaching compliance with disability access laws by promoting communication between the commercial parties.

GOVERNOR'S VETO MESSAGE:

This bill would require a commercial property owner to include in lease forms or rental agreements a statement disclosing if the premises had been inspected by a certified access specialist.

I support the idea of providing owners and tenants the opportunity to address accessibility problems. This bill, however, also establishes two permanent positions funded from the General Fund, something more appropriately addressed in the annual budget process.

Analysis Prepared by: Alison Merrilees / JUD. / (916) 319-2334 FN: 0002486

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 1342

Author:(Steinorth)

As Amended Ver:August 31, 2015

Majority vote

Original Committee Reference: JUD.

SUMMARY: Enacts a number of measures intended to promote disability access compliance. Specifically, this bill:

1. Requires the State Architect to require a certified access specialist (CASp) applicant to provide the location (i.e. city, county, or city and county) in which the CASp will provide services. Further requires the State Architect to post the location that each CASp provides or intends to provide services.

2. Requires the California Commission on Disability Access (Commission) to post on its website a link to the Division of State Architect’s Certified Access Specialist Program Web site to assist building owners and tenants in locating or hiring a CASp.

3. Requires a commercial property owner to state on every lease form or rental agreement executed after January 1, 2016, additional information to the tenant or lessor about the condition of the rented or leased property.

4. Requires the Commission to establish a permanent legislative outreach coordinator position and a permanent educational outreach coordinator position.

The Senate amendments:

1. Delete the provision removing the sunset (currently December 31, 2018) on the requirement for a city, county, or city and county to collect a $1 business license fee, 70% of the fee, and deposit the remaining 30% of the fee into the Disability Access and Education Revolving Fund, a continuously appropriated fund.

2. Apply the new disclosure provisions to leases executed after January 1, 2016 (rather than July 1, 2016).

3. Delete the provision appropriating the sum of $120,000 from the General Fund to the commission for the 2015-16 fiscal year for the purpose of establishing two permanent outreach coordinator positions.

EXISTING LAW:

1. Provides for the Commission, an independent state agency composed of 17 members, with the general responsibility for monitoring disability access compliance in California, and the authority to hold hearings and make recommendations to the Legislature for necessary changes to existing state law in order to facilitate implementation of state and federal laws on disability access.

2. Requires the Commission to use its funding, as appropriate, to provide information about preventing or minimizing compliance problems among California businesses, and recommending programs to enable persons with disabilities to obtain full and equal access to public facilities.

FISCAL EFFECT: According to the Senate Appropriations Committee, commission staff costs of $240,000 annually beginning in 2016-17 ongoing (General Fund) and minor costs to the Division of the State Architect to collect CASp information and post it on a Web site (General Fund).

COMMENTS: The author contends that the Commission – since its inception – has been tasked with additional responsibilities without corresponding increases in funding. In 2012, the Legislature passed SB 1186 (Steinberg), Chapter 383, Statutes of 2012, a landmark bipartisan measure carried by the Senate's majority and minority leaders, to address the issue of American with Disabilities Act litigation. While many provisions in SB 1186 were procedural in nature and benefitted the business community, SB 1186 imposed additional duties on the Commission.

The Commission's work is integral in any solution aimed at improving compliance with construction-related accessibility standards and access to public accommodations. Indeed, many of the Commission’s reports have helped to shape this Committee's discussions on the issues of disability access and construction-related accessibility claims.

Locating a CASp. Under current law, the State Architect certifies applicants to become CASps. The State Architect publishes a list of all the CASps in the State on its website. Currently, there are over 575 CASps throughout the state. However, despite the large number of CASps, it may be difficult to find a CASp who is available in a given area. Currently, the State Architect's Web site does not consistently provide the location in which a CASp provides his or her services. This lack of information makes it difficult for a business property owner or tenant to locate or hire a CASp in a specific region.

A Commercial Property Owner’s Responsibilities to a Tenant in Reporting Compliance with California’s Disability Access Laws. Under the law, a commercial property owner is required to state on every lease form or rental agreement whether the property has been inspected by a CASp. However, because the property owner may not know whether the property has met all applicable-related accessibility standards, the current law may unintentionally create a disincentive for a business property owner to obtain CASp services. The additional information provided under this bill will allow commercial tenants to better understand the state of the leased property, and allows the commercial property owner or tenant to take proactive steps in reaching compliance with disability access laws by promoting communication between the commercial parties.

Analysis Prepared by: Alison Merrilees / JUD. / (916) 319-2334 FN: 0000606 FN: 0001894

SENATE COMMITTEE ON APPROPRIATIONS

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

AB 1342 (Steinorth) - Disability access.

*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********

The following information is revised to reflect amendments

adopted by the committee on August 27, 2015

Bill Summary:

AB 1342 would require the Commission on Disability Access (CDA) to establish permanent legislative outreach coordinator and educational outreach coordinator positions. The bill would also do the following: (1) require applicants for certification and renewal of certification as a certified access specialist (CASp) to provide the State Architect (DSA) with information about the city or county in which the applicant provides or intends to provide services, and require the DSA to post information on each CASp’s service area on its website; (2) require CDA to post a link on its website to DSA’s CASp website; (3) require CDA to make educational materials and information on disability access requirements available to state agencies and local building departments; and (4) require a commercial property owner, for every lease or rental agreement executed on or after January 1, 2016, to provide the lessee or tenant with a current disability access inspection certificate and inspection report, or a copy of the CASp inspection report, as specified, and indicate on a rental agreement if a premises has not been issued a current disability access inspection certificate.

Fiscal Impact:

• Ongoing costs of approximately $240,000 annually, beginning in 2016-17, to support the 2 PY of permanent CDA staff positions established by the bill. (General Fund)

• Minor and absorbable costs to the DSA to collect information on service locations of CASps and posting it on its website. (General Fund)

Author Amendments:

• Delete the $120,000 General Fund appropriation to CDA for establishing the outreach coordinator positions.

• Delete provisions that would permanently extend a $1 fee on local business licenses that funds state and local activities related to CASp services.

• Revise the date by which a commercial property owner must include specified information regarding CASp inspections in lease forms or rental agreements from July 1, 2016 to January 1, 2016.

• Specify that prospective lessees and tenants must agree to keep information in a CASp report confidential, except as specified.

• Make several technical and conforming changes.

-- END --

 THIRD READING  

Bill No: AB 1342

Author: Steinorth (R), et al.

Amended: 8/31/15 in Senate

Vote: 27

SENATE GOVERNMENTAL ORG. COMMITTEE: 12-0, 6/29/15

AYES: Hall, Berryhill, Block, Gaines, Glazer, Hernandez, Hill, Hueso, Lara, McGuire, Runner, Vidak

NO VOTE RECORDED: Galgiani

SENATE JUDICIARY COMMITTEE: 7-0, 7/14/15

AYES: Jackson, Moorlach, Anderson, Hertzberg, Leno, Monning, Wieckowski

SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/27/15

AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen

ASSEMBLY FLOOR: 78-0, 6/3/15 - See last page for vote

SUBJECT: Disability access

SOURCE: Author

DIGEST: This bill requires a commercial property owner or lessor to state on every lease form or rental agreement executed on or after January 1, 2016, whether or not the subject premises have undergone inspection by a Certified Access Specialist (CASp), as specified. In addition, this bill requires the California Commission on Disability Access (CCDA) to establish a permanent legislative outreach coordinator position and a permanent educational outreach coordinator position.

ANALYSIS:

Existing law:

1. Establishes the CCDA, an independent state agency composed of 17 members, with the general responsibility for monitoring disability access compliance in California, and the authority to hold hearings and make recommendations to the Legislature for necessary changes to existing state law in order to facilitate implementation of state and federal laws on disability access.

2. Requires the State Architect to establish and publicize a program for the voluntarily certification by the state of any person who meets specified criteria as a CASp.

3. Requires each applicant for CASp certification or renewal to pay certain fees, and requires the State Architect to periodically review those fees, as specified.

4. Provides for the deposit of those fees into the Certified Access Specialist Fund, which is continuously appropriated for use by the State Architect to implement the CASp program.

5. Requires, until December 31, 2018, any applicant for a local business license or equivalent instrument or permit, or renewal of a local business license or equivalent instrument or permit, to pay an additional fee of $1 for that license, instrument, or permit. The city, county, or city and county that collected the fee retains 70% of the fee, and the remaining 30% of the fee is deposited into the Disability Access and Education Revolving Fund, a continuously appropriated fund. Requires each local entity collecting the fee to make an annual report on the fees to the Legislature and to the chairs of specified committees, as specified.

6. Requires a commercial property owner or lessor to state on every lease form or rental agreement executed on or after July 1, 2013, whether the property has been determined by a CASp to meet all applicable construction-related accessibility standards.

This bill:

1. Requires a commercial property owner or lessor to state on every lease form or rental agreement executed on or after January 1, 2016, whether or not the subject premises have undergone inspection by CASp.

2. Requires the commercial property owner, if the subject premises have undergone inspection by a CASp, to provide, prior to the execution of the lease or rental agreement, a copy of any report prepared by the CASp in response to that inspection to the lessee or tenant.

3. Requires if, the subject premises have been issued an inspection report by a CASp, the commercial property owner or lessor to provide a copy of the inspection report by a CASp and any inspection report to the lessee or tenant, not already provided, within seven days of the date of the execution of the lease form or rental agreement.

4. Requires, if the subject premises have not been issued a disability access inspection certificate, the property owner or lessor to include a statement on the rental agreement that, upon request of the lessee or tenant, the property owner may not prohibit a CASp inspection of the subject premises at the lessee’s or tenant’s expense and that the parties must mutually agree on the time and manner of the inspection.

5. Requires applicants for CASp certification or renewal to pay to the State Architect a fee sufficient to cover the reasonable costs of reassessing qualifications of renewal applicants and to provide to the State Architect the name of the city, county, or city and county in which the applicant intends to provide or has provided services.

6. Requires the State Architect to post the name of the city, county, or city and county in which the applicant intends to provide or has provided services on his or her Internet Web site.

7. Requires the CCDA to provide a link on its Internet Web site to the Internet Web site of the Division of the State Architect’s CASp certification program and to make the CCDA’s educational materials and information available to other state agencies and local building departments.

8. Requires the CCDA to establish a permanent legislative outreach coordinator position and a permanent educational outreach coordinator position.

Background

Purpose of the bill. According to the author “AB 1342 takes several actions relating to CASp inspections. It was noted to our office by persons involved in the business community that it can be difficult to identify CASp inspectors in their area who may inspect their property.” AB 1342 requires CASp applicants to provide the State Architect information about the location of where he or she will be providing those services and requires the State Architect to post that information on the State Architect’s Internet Web site.

Finally the author argues that, “the bill also requires property owners to provide tenants with any copies of CASp inspections that have occurred, so that tenants may be aware of any potential access violations. If a CASp inspection has not occurred, as it is not required by state law, property owners must state on the lease agreements that the tenant may seek a CASp inspection if they desire, at their own expense. The purpose of this requirement is to increase awareness that these inspections are available, providing tenants the opportunity to proactively ensure that the property is compliant with the American with Disabilities Act (ADA).”

History of CCDA. In 2008, the Legislature passed SB 1608 (Corbett, Chapter 549, Statutes of 2008) which established the CCDA as part of a bipartisan package of reforms shaped by discussions from disability rights advocates, attorneys for plaintiffs and defendants, and business interests. According to their mission statement, the CCDA’s mission is to promote disability access in California through dialogue and collaboration with stakeholders including but not limited to the disability and business community and all levels of government.

According to the author of SB 1608, the bill included a multi-faceted approach aimed at addressing the high rate of non-compliance with construction-related accessibility standards by public accommodations in California, recognizing the value of and promoting voluntary compliance and prevention. Significant portions of SB 1608 were dependent on the continued funding of the Commission. The author of AB 1342 contends that the CCDA since its inception has been tasked with additional responsibilities without corresponding increases in funding.

Locating a CASp. The State Architect publishes a list of all the CASps in the State on its website. Currently, there are over 575 CASps, however, the current list does not specify the location in which a CASp provides his or her services. This bill requires an applicant for CASp certification or renewal to provide the State Architect the location where the applicant will provide CASp services, specifically, the city, county, or city and county. Additionally, AB 1342 requires the State Architect to publish information on his or her Internet Web site.

Compliance with Disability laws. Under current law, a commercial property owner is required to state on every lease form or rental agreement whether the property has been inspected by a CASp. However, because the property owner may not know whether the property has met all applicable-related accessibility standards, current law may unintentionally create a disincentive for a business property owner to obtain CASp services. The additional information provided under this bill might allow commercial tenants to better understand the state of the leased property, and hopefully allow the commercial property owner or tenant to take proactive steps in reaching compliance with disability access laws.

Prior/Related Legislation

AB 52 (Gray, 2015) provides that the defendant’s maximum liability for statutory damages in a construction-related accessibility claim against a place of public accommodation is $1,000 for each offense if the defendant has corrected all construction-related violations within 180 days of being served with the complaint. (Held in Assembly Judiciary Committee)

AB 54 (Olsen, 2015) requires a plaintiff who has been denied access to a public accommodation because of a construction-related accessibility violation of a standard which has changed in the past three years to give notice to the defendant 60 days before filing a complaint and an opportunity to cure the violation, with no statutory damages payable to the plaintiff; and provides a tax credit under the Personal Income Tax Law and the Corporation Tax Law to any taxpayer who obtains a certified access specialist inspection. (Held in Assembly Revenue and Taxation Committee)

AB 1230 (Gomez, 2015) establishes the California Americans with Disabilities Act Small Business Compliance Act to provide loans to assist small businesses finance the costs of projects that alter or retrofit existing small business facilities to comply with the federal American with Disabilities Act. (Pending in Senate Governmental Organization Committee)

AB 1468 (Baker, 2015) provides that a public entity’s possession of a close out letter from the State Architect certifying that the buildings, facilities, and other places meet the applicable construction-related accessibility standards of the federal Americans with Disabilities Act, serves as presumptive evidence of compliance with the federal Americans with Disabilities Act.  (Held in Assembly Judiciary Committee)

SB 67 (Galgiani, 2015) exempts a small business from statutory damage liability in connection with a construction-related accessibility claim and extends the period for correcting construction-related violations that are the basis of a claim from 60 days to 120 days of being served with the complaint, for purposes of reducing a defendant’s minimum statutory damage liability to $1,000.  (Held in Senate Judiciary Committee)

SB 1608 (Corbett, Chapter 549, Statutes of 2008) enacted the CCDA and various other reforms intended to increase voluntary compliance with longstanding state and federal laws requiring access to the disabled in any place of public accommodation.

FISCAL EFFECT: Appropriation: Yes Fiscal Com.: Yes Local: Yes

According to the Senate Appropriations Committee, CCDA staff costs of $240,000 annually beginning in 2016-17 ongoing (General Fund) and minor costs to the Division of the State Architect to collect CASp information and post it on a Web site (General Fund).

SUPPORT: (Verified 8/28/15)

American Institute of Architects California Council

Building Owners and Managers Association of California

California Building Industry Association

California Business Properties Association

California Chamber of Commerce

California Commission on Disability Access

Commercial Real Estate Development Association, NAIOP of California

Consumer Attorneys of California

International Council of Shopping Centers

National Federation of Independent Businesses

OPPOSITION: (Verified 8/28/15)

None received

ASSEMBLY FLOOR: 78-0, 6/3/15

AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins

NO VOTE RECORDED: Jones-Sawyer, Thurmond

Prepared by: Felipe Lopez / G.O. / (916) 651-1530

8/31/15 12:47:47

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

AB 1342 (Steinorth) - Disability access

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

AB 1342 would appropriate $120,000 from the General Fund to the Commission on Disability Access (CDA) and require the CDA to establish two permanent positions. The bill would also permanently extend a $1 fee on local business licenses that funds state and local activities related to certified access specialist (CASp) services, and make other changes to promote compliance with disability access requirements.

Fiscal Impact:

• One-time General Fund appropriation of $120,000 in 2015-16 to support the establishment of 2 PY of permanent CDA staff positions. Ongoing costs for these positions would be $240,000 annually, beginning in 2016-17. (General Fund)
  
  

• Ongoing costs of approximately $135,000 annually to the Division of the State Architect (DSA), beginning in 2019, related to the conversion of a temporary position to permanent as a result of eliminating the sunset on the $1 business license fee that supports CASp services. (General Fund)
  
  

• Minor and absorbable costs to the DSA to collect information on service locations of CASps and posting it on its website. (General Fund)
  
  

• Ongoing collection of approximately $2.05 million in business license fee revenues annually, beginning in 2019, as a result of permanently extending the $1 fee. Approximately $616,000 of this amount is deposited into the Disability Access and Education Revolving Fund, and the remainder is retained at the local level.

Background:

Individuals with disabilities and medical conditions have legal protections to ensure full and free access to and the use of roadways, sidewalks, buildings and facilities open to the public, hospitals and medical facilities, and housing. Additionally, under the Unruh Civil Rights Act, all persons, regardless of sex, race, color, religion, ancestry, national origin, disability or medical condition, are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments. After Congress enacted the Americans with Disabilities Act (ADA) in 1990, the Legislature provided that violations of the ADA are also violations of the Unruh Act.

Existing law establishes the CDA, an independent state agency composed of 17 members, to monitor disability access compliance and make recommendations to the Legislature for necessary changes in order to facilitate implementation of state and federal laws on disability access. Existing law requires the State Architect to establish and publicize a program for the voluntary certification of any person who meets specified criteria to qualify as a CASp. Each applicant for CASp certification or renewal is required to pay specified fees for deposit into the Certified Access Specialist Fund, a continuously appropriated fund to support the DSA in administering the program.

Local agencies are required to employ or retain a sufficient number of building inspectors who are CASp to conduct inspections with respect to new construction. Existing law requires, until December 31, 2018, any applicant for a local business license to pay an additional $1 fee. The local agency that collects the fee retains 70 percent of the fee revenues to fund increased CASp services and facilitate compliance with accessibility requirements, and the remaining 30 percent is transferred to the DSA for deposit into the Disability Access and Education Revolving Fund, a continuously appropriated fund that supports the oversight of the CASp program and moderates expenses related to certification and testing. Local agencies are required to report specified information to the DSA regarding the amount of fees collected, and activities undertaken and moneys spent to increase CASp services and facilitate compliance.

Existing law requires a commercial property owner to state on every lease form or rental agreement executed on or after July 1, 2013, whether the property being leased or rented has been inspected by a CASp, and if so, whether the property has been determined to meet applicable construction-related accessibility standards.

Proposed Law:

AB 1342 would require the CDA to establish a permanent legislative outreach coordinator and educational outreach coordinator positions and appropriate $120,000 from the General Fund to CDA to establish those positions in 2015-16. This bill would also do the following:

• Require applicants for certification and renewal of certification to provide DSA with information about the city or county in which the applicant provides or intends to provide services, and require the DSA to post that information on each CASp’s service area on its website.

• Require CDA to post a link on its website to the DSA’s CASp Program website to assist building owners and tenants in locating or hiring a CASp.

• Require CDA to make educational materials and information on disability access requirements available to state agencies and local building departments.

• Delete the December 1, 2018 sunset date on the additional $1 fee on business license applications for local and state CASp services, thereby extending that fee in perpetuity.

• Require a commercial property owner, for every lease or rental agreement executed on or after July 1, 2016, to provide the lessee or tenant with a current disability access inspection certificate and inspection report, or a copy of the CASp inspection report, as specified.

• Require the property owner or lessor to include a specified statement on the rental agreement, if the subject premises have not been issued a current disability access inspection certificate. The statement must indicate that, upon request of the lessee or tenant, the property owner may permit a CASp inspection of the subject premises at the lessee’s or tenant’s expense, and that the parties must mutually agree on the time and manner of the inspection.

Related Legislation:

AB 1608 (Corbett), Ch. 549/2008, established the CDA and enacted various other reforms to increase voluntary compliance with longstanding state and federal laws requiring access to the disabled in any place of public accommodation.

SB 1186 (Steinberg and Dutton), Ch. 383/2012, reduced statutory damages and provided litigation protections for specified defendants who timely correct construction-related accessibility violations of the Unruh Civil Rights Act. The bill also banned prelitigation “demands for money” and created rules for demand letters and complaints in claims involving construction-related accessibility violations.

Staff Comments:

AB 1342 includes an appropriation of $120,000 in 2015-16 from the General Fund to the CDA to establish the two outreach coordinator positions. This amount would cover half of the full-year costs of the salaries, benefits, and overhead from January 1, 2016 through the end of the fiscal year. The ongoing costs for those positions would be $240,000 annually, which would be an ongoing expense from the General Fund beginning in 2016-17.

The bill would permanently extend the $1 additional fee on local business licenses that supports specified local and state costs related to the CASp program. The 2015 Budget Act includes a temporary full-time position through the current expiration date of the $1 fee for DSA’s costs to administer the activities related to the state portion of fee revenues. By eliminating the sunset on the fee, this bill would allow DSA to reclassify the current limited-term position to a permanent position, resulting in continued annual General Fund costs of approximately $135,000, beginning on January 1, 2019.

By continuing the $1 fee in perpetuity, the bill would impose a mandate on local agencies to continue to report specified information regarding the collection and expenditure of those fees to the DSA. The state is not responsible for reimbursing local agencies for these reporting costs because they have exiting fee authority to offset any continued expenses.

Recommended Amendments:

Amendments will be required to avoid chaptering out changes enacted to Government Code §4467 by SB 84 (Committee on Budget and Fiscal Review), Ch. 25/2015. SB 84 required local agencies to report to the DSA, rather than specified committees of the Legislature, on activities undertaken and expenditures related to additional $1 fee on business licenses.

-- END --

SENATE JUDICIARY COMMITTEE

Senator Hannah-Beth Jackson, Chair

2015-2016 Regular Session

Bill No: AB 1342 (Author:Steinorth)

Version: June 22, 2015

Hearing Date: July 14, 2015

Fiscal: Yes

Urgency: No

Consultant: NR

SUBJECT

Disability access

DESCRIPTION

This bill would require applicants for certified access specialist (CASp) certification or renewal to provide to the State Architect information about the location where the applicant intends to provide services, and would require the State Architect to post that information to his or her Internet Web site.

This bill would remove the sunset on the existing law requiring any applicant for a local business license to pay an additional fee of $1, of which 30 percent is deposited into the Disability Access and Education Revolving Fund.

This bill, for every rental agreement executed on or after July 1, 2016, would require the commercial property owner to provide the tenant with a current disability access inspection certificate and inspection report, or a copy of a CASp inspection report, or would require a statement on the agreement that, upon request of the tenant, the property owner may permit a CASp inspection at the tenant’s expense, as specified.

This bill would additionally require the Commission on Disability Access to provide a link on its Internet Web site to the Internet Web site of the Division of the State Architect’s CASp certification program, and to make the Commission’s educational materials and information available to other state agencies and local building departments. This bill would also appropriate $120,000 from the General Fund to the Commission for the purpose of establishing two permanent outreach coordinator positions.

BACKGROUND

Since 1969, persons with disabilities have enjoyed protection under Civil Code

Sections 54 and 54.1, which entitle individuals with disabilities and medical conditions to full and free access to, and use of, roadways, sidewalks, buildings and facilities open to the public, hospitals and medical facilities, and housing. After Congress enacted the Americans with Disabilities Act (ADA) in 1990, California made a violation of the ADA also a violation of Section 54 or 54.1. The protections provided to disabled persons under California law are comparatively higher than those provided under the ADA and are independent of the ADA.

Additionally, under the Unruh Civil Rights Act, all persons, regardless of sex, race, color, religion, ancestry, national origin, disability or medical condition, are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever. (Civil Code Sec. 51.) A violation of the ADA also constitutes a violation of Section 51. A violation of that section subjects a person to actual damages incurred by an injured party, plus treble actual damages, but in no event less than $4,000, and any attorney’s fees as the court may determine to be proper. (Civil Code Sec. 52.)

The California Commission on Disability Access (CCDA), established in 2008, is charged with promoting disability access in California through dialogue and collaboration with stakeholders including, but not limited to the disability and business community, and all levels of government. Accordingly, the CCDA is authorized to act as an information resource; to research and prepare advisory reports of findings to the Legislature on issues related to disability access, compliance inspections and continuing education; to increase coordination between stakeholders; to make recommendations to promote compliance with federal, and state laws and regulations; and to provide uniform information about programmatic and architectural disability access requirements to the stakeholders.

Seeking to better achieve compliance with disability access requirements in California, this bill would require specific disclosures to commercial tenants with regard to the compliance status of a rental property, would require certain information be publicly available, and would appropriate additional funds to the CCDA.

CHANGES TO EXISTING LAW

1. Existing federal law, the Americans with Disabilities Act (ADA), provides that no individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases, or leases to, or operates a place of public accommodation. (42 U.S.C. Sec. 12182.)

Existing law, the Unruh Civil Rights Act, declares that all persons, regardless of sex, race, color, religion, ancestry, national origin, disability or medical condition, are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever. (Civ. Code Sec. 51 et seq.)

Existing law provides that individuals with disabilities or medical conditions have the same right as the general public to the full and free use of the streets, highways, sidewalks, walkways, public buildings, medical facilities, including hospitals, clinics and physicians’ offices, public facilities and other public places. It also provides that a violation of an individual’s rights under the ADA constitutes a violation of state law. (Civ. Code Secs. 54, 54.1.)

Existing law provides that a violation of the ADA also constitutes a violation of Sections 54 or 54.1, and entitles a prevailing party to recover reasonable attorney’s fees. (Civ. Code Sec. 55.)

Existing law establishes the California Commission on Disability Access (CCDA), an independent state agency composed of 17 members, to monitor disability access compliance in California, and make recommendations to the Legislature for necessary changes in order to facilitate implementation of state and federal laws on disability access. (Gov. Code Sec. 8299 et seq.)

This bill would appropriate $120,000 from the General Fund to the CCDA to establish a permanent legislative outreach coordinator position and a permanent educational outreach coordinator position.

This bill would require the CCDA to provide a link on its Internet Web site to the Internet Web site of the Division of the State Architect’s CASp certification program and to make the CCDA’s educational materials and information available to other state agencies and local building departments.

2. Existing law requires the State Architect to establish the Certified Access Specialist Program (CASp) and develop the specified criteria to have a person qualify as a certified access specialist. (Gov. Code Sec. 4459.5; Civ. Code Sec. 55.52.)

Existing law requires a local agency to employ or retain at least one building inspector who is a CASp, commencing on January 1, 2014, to employ or retain a sufficient number of building inspectors who are CASp to conduct inspections with respect to new construction. (Civ. Code Sec. 55.53(d).)

Existing law, until December 31, 2018, requires any applicant for a local business license or equivalent instrument, to pay an additional fee of one dollar, of which 30 percent shall be transmitted to the Disability Access and Education Revolving Fund. Civ. Code Sec. 4467.)

This bill would remove the sunset in the provision above.

This bill would require applicants for CASp certification or renewal to additionally provide to the State Architect information about the city, county, or city and county in which the applicant intends to provide or has provided services, and would require the State Architect to post that information on his or her Internet Web site.

3. Existing law requires a commercial property owner to state on a lease form or rental agreement executed on or after July 1, 2013, if the property being leased or rented has undergone inspection by a certified access specialist. (Civ. Code Sec. 1938.)

This bill would require a commercial property owner, for every lease or rental agreement executed on or after July 1, 2016, to provide the lessee or tenant with a current disability access inspection certificate and inspection report, or a copy of the CASp inspection report.

This bill would require, if the subject premises have not been issued a current disability access inspection certificate, the property owner or lessor to include a statement on the rental agreement that, upon request of the lessee or tenant, the property owner may permit a CASp inspection of the subject premises at the lessee’s or tenant’s expense and that the parties must mutually agree on the time and manner of the inspection.

COMMENT

1. Stated need for the bill

According to the author:

Formed by the Legislature in 2008, the California Commission for Disability Access (CCDA) is entrusted with a variety of responsibilities relating to disability access throughout California. The CCDA works to align the needs of the disabled community with the private sector, and provides a forum for dialogue between parties. However, the CCDA has not received funding increases in accordance with new responsibilities from the Legislature. AB 1342 takes an initial step to increase their funding so that they may begin hiring for new positions to pursue the goals outlined in their 5 Year Strategic Plan.

Also, it was noted to us by the California Business Properties Association that there is an apparent lack of knowledge regarding the existence of CASp inspections. Among those who are aware of this service, it can be difficult to locate an inspector who is available to come to your property. Thus, AB 1342 takes steps such as requiring CASp inspectors to note their cities and counties of service so that this hurdle may be addressed.

2. Aiding commercial tenants in determining whether a property is compliant with accessibility laws

In response to concerns that many commercial tenants do not know the compliance status of the property they rent or lease, SB 1186 required commercial property owners to state on a lease form or rental agreement if the property had undergone inspection by a CASp. (Civ. Code Sec. 1938.) Further ensuring that commercial tenants are informed about the compliance status of leased properties, this bill would additionally require that if a property has had a CASp inspection and, to the best of the commercial property owner’s knowledge, there have been no modifications since the date of the inspection, the property owner must provide the tenant with a copy of the report. Additionally, if the property does not have a current CASp inspection certificate, this bill would require the property owner to include the following disclosure on the lease or rental agreement:

A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may permit the lessee or tenant to obtain a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, at the lessee’s or tenant’s expense, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection.

Thus, this bill would ensure that property owners have a duty to communicate the status of a property to tenants prior to the execution of a lease or rental agreement, and that commercial tenants have up-to-date information about whether a property is actually in compliance with access laws. However, as drafted, the bill requires only the above disclosure be included in a rental agreement. Accordingly, it would only be controlling for contracts executed after July 1, 2016. Thus, to ensure that the contents of the disclosure are applicable to all commercial properties, the author may wish to amend the bill to include information in the above disclosure in the statute as well.

In addition, as drafted, the disclosure above would allow a property owner to prohibit a tenant from hiring a CASp inspector, which is arguably not the author’s intent. The amendment below would instead not allow the property owner to prohibit a tenant from hiring a CASp. The tenant, however, would still be required to coordinate with the property owner as to the time and manner of the inspection.

Suggested amendment:

(d) If the subject premises have not been issued a current disability access inspection certificate, the commercial property owner or lessor shall state the following on the lease form or rental agreement:

“A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit permit the lessee or tenant from obtaining to obtain a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, at the lessee’s or tenant’s expense, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection.”

3. Funding for education on access compliance

The mission of the California Commission on Disability Access (CCDA) is to promote access in California through collaboration with stakeholders, and is thus authorized to act as an information resource, prepare advisory reports for the Legislature, and make recommendations to promote compliance with federal and state laws. The CCDA, in part, is funded by business license applications. Until December 31, 2018, business license applicants are required to pay an additional dollar for a license, of which 30 percent goes to the Disability Access and Education Revolving Fund. This bill would remove that sunset date and additionally appropriate $120,000 from the General Fund to the CCDA for the purpose of establishing two permanent outreach coordinator positions. CCDA writes that “staffing CCDA with additional resources will position us with the suitable means to react and educate our state on how it can become accessible and barrier free for all of its residents. It will also produce savings for the State of California by identifying models of success that lead to Americans with Disabilities Act (ADA) compliance and promotes the CCDA vision of an accessible, barrier free California, which equals inclusive, and equal opportunities and participation for all Californians.”

In support, Disability Rights California writes, “the CCDA has been instrumental in collecting information about disability access issues. Their reports provide an excellent overview of the types of architectural access issues that exist. Providing additional funding to continue their research is critical as they develop and implement recommendations as outlined in this strategic plan for improving access across California.”

3. Continued education, community outreach, and data collection

This bill contains a number of provisions to increase compliance with accessibility laws in the state through education and strengthening of existing programs. Specifically, this bill would require applicants for CASp certification or renewal to provide the State Architect with information about where that person plans to practice, and would require the State Architect to post that information on its Internet Web site. This bill would also require the California Commission on Disability Access (CCDA) to link its Internet Web site to the State Architect’s CASp certification program, and make the CCDA’s educational materials and information available to other state agencies and local building departments.

These requirements are a natural extension of many of the data collection and education requirements under SB 1186 which have proven to be helpful in educating the community about access laws. In support, CCDA writes, “the recognition of the lack of sufficient resource allocations required for CCDA to accomplish its legislative mandates is appropriately observed. We believe AB 1342 properly establishes the vehicle to ensure that CCDA will be able to do its work.”

Support: American Institute of Architects California Council; Building Owners and Managers Association of California; California Building Industry Association; California Business Properties Association; California Chamber of Commerce; California Commission on Disability Access; Commercial Real Estate Development Association; NAIOP of California; Consumer Attorneys of California;

Disability Rights California; International Council of Shopping Centers; National Federation of Independent Businesses

Opposition: None Known

HISTORY

Source: Author

Related Pending Legislation:

AB 52 (Gray, 2015) would provide that the defendant’s maximum liability for statutory damages in a construction-related accessibility claim against a place of public accommodation is $1,000 for each offense if the defendant has corrected all construction-related violations within 180 days of being served with the complaint.  This bill is currently in the Assembly Judiciary Committee.

AB 54 (Olsen, 2015) would include any amount paid or incurred by a taxpayer to receive an inspection by a CASp as an eligible access expenditure for the Personal Income Tax Law and the Corporation Tax Law which allows a credit to eligible small businesses for 50 percent of eligible access expenditures. This bill is currently in the Assembly Revenue and Taxation Committee.

AB 1230 (Gomez, 2015) would establish the California Americans with Disabilities Act Small Business Compliance Finance Act to provide loans to assist small businesses finance the costs of projects that alter or retrofit existing small business facilities to comply with the federal American with Disabilities Act.  This bill is currently in the Assembly Appropriations Committee.

AB 1521 (Judiciary, 2015) would provide additional information and legal resources to small business owners who may not realize how to minimize their liability for ADA violations or respond to a lawsuit filed against them. This bill is currently in the Senate Judiciary Committee.

AB 1468 (Baker, 2014) would provide that a public entity’s possession of a close out letter from the State Architect certifying that the buildings, facilities, and other places meet the applicable construction-related accessibility standards of the federal Americans with Disabilities Act, serves as presumptive evidence of compliance with the federal Americans with Disabilities Act.  This bill is currently in the Assembly Judiciary Committee.

SB 67 (Galgiani) would limit recovery against a small business for construction-related accessibility claims to injunctive relief and reasonable attorney’s fees, and would allow businesses who have undergone a CASp inspection 120 days to correct violations in order to qualify for reduced statutory minimum damages. This bill is currently in the Senate Judiciary Committee.

SB 251 (Roth) would provide that a business is not liable for violating a construction-related accessibility standard if the business is inspected by a CASp and the violation is corrected within 90 days of receiving the CASp inspection report, and would also provide that businesses are not liable for specified violations if corrected within 15 days, as specified. This bill is currently in the Assembly Judiciary Committee.

Prior Legislation:

SB 1186 (Steinberg and Dutton, Chapter 383, Statutes of 2012) reduced statutory damages and provided litigation protections for specified defendants who timely correct construction-related accessibility violations of the Unruh Civil Rights Act. That bill also banned prelitigation “demands for money” and created rules for demand letters and complaints in claims involving construction-related accessibility violations.

AB 2282 (Berryhill, 2012) would have authorized an aggrieved person to bring a disability access suit only if: (1) the person has suffered an injury in fact; (2) the injury in fact was caused by the violation; and (3) the violation is redressable, was held under submission in the Senate Appropriations Committee.

AB 1878 (Gaines, 2011) which was substantially similar to SB 1163, but applied to “microbusinesses,” defined by the bill, failed passage in the Assembly Judiciary Committee.

SB 1163 (Walters, 2012) would have established notice requirements for an aggrieved party to follow before he or she can bring a disability access suit and give the business owner a 120-day time period to remedy the violation. If the property owner cures the violation, the aggrieved party cannot receive any damages or attorney’s fees, except for special damages. This bill failed passage in this Committee.

SB 783 (Dutton, 2011), which was identical to SB 1163, failed passage in this Committee.

SB 384 (Evans, Ch. 419, Stats. 2011) clarified that attorneys who file complaints or send demand letters related to disability access violations must provide a written notice of legal rights and obligations whether or not the attorney intends to file an action in state or federal court.

SB 209 (Corbett & Harman, Ch. 569, Stats. 2009) required a CASp inspection report, to remain confidential rather than be under seal and subject to protective order.

SB 1608 (Corbett et al., Ch. 549, Stats. 2008) enacted the CCDA and various other reforms intended to increase voluntary compliance with longstanding state and federal laws requiring access to the disabled in any place of public accommodation.

SB 1766 (McClintock, 2008) would have required a person with a disability, prior to filing a complaint to first notify the owner or manager of a housing or public accommodation of the violations and to wait 6 months before commencing a lawsuit. This bill failed passage in the Senate Judiciary Committee.

AB 2533 (Keene, 2008) would have required pre-litigation procedures for a plaintiff to undertake prior to the filing of a complaint, including notice to the owner of the property or business of the alleged violations and a specified time period for the owner or business to cure the violations. This bill failed passage in the Assembly Judiciary Committee.

SB 855 (Poochigian, 2005) would have required pre-litigation procedures for a plaintiff to undertake prior to the filing of a complaint, including notice to the owner of the property or business of the alleged violations and a specified time period for the owner or business to cure the violations. This bill failed passage in the Senate Judiciary Committee.

Prior Vote:

Senate Governmental Organization Committee (Ayes 12, Noes 0)

Assembly Floor (Ayes 78, Noes 0)

Assembly Appropriations Committee (Ayes 17, Noes 0)

Assembly Judiciary Committee (Ayes 10, Noes 0)

**************

SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION

Senator Isadore Hall, III

Chair

2015 - 2016 Regular

Bill No: AB 1342 Hearing Date: 6/29/2015

SUBJECT: Disability access

DIGEST: This bill appropriates $120,000 from the General Fund to the California Commission on Disability Access (CCDA) which shall be used to provide funding to establish two permanent outreach coordinator positions and enacts other measures intended to promote disability access compliance.

ANALYSIS:

Existing law:

1. Establishes the CCDA, an independent state agency composed of 17 members, with the general responsibility for monitoring disability access compliance in California, and the authority to hold hearings and make recommendations to the Legislature for necessary changes to existing state law in order to facilitate implementation of state and federal laws on disability access.

2. Requires the State Architect to establish and publicize a program for the voluntarily certification by the state of any person who meets specified criteria as a Certified Access Specialist (CASp).

3. Requires each applicant for CASp certification or renewal to pay certain fees, and requires the State Architect to periodically review those fees, as specified.

4. Provides for the deposit of those fees into the Certified Access Specialist Fund, which is continuously appropriated for use by the State Architect to implement the CASp program.

5. Requires, until December 31, 2018, any applicant for a local business license or equivalent instrument or permit, or renewal of a local business license or equivalent instrument or permit, to pay an additional fee of $1 for that license, instrument, or permit. The city, county, or city and county that collected the fee retains 70% of the fee, and the remaining 30% of the fee is deposited into the Disability Access and Education Revolving Fund, a continuously appropriated fund.

6. Requires a commercial property owner or lessor to state on every lease form or rental agreement executed on or after July 1, 2013, whether the property has been determined by a CASp to meet all applicable construction-related accessibility standards.

This bill:

1. Appropriates $120,000 from the General Fund to the CCDA to establish a permanent legislative outreach coordinator position and a permanent educational outreach coordinator position.

2. Requires applicants for CASp certification or renewal to additionally provide to the State Architect information about the city, county, or city and county in which the applicant intends to provide or has provided services, and would require the State Architect to post that information on his or her Internet Web site.

3. Removes the sunset provision under current law that requires an applicant for a business license or renewal to pay a $1 fee to local jurisdictions to assist in funding CASp services.

4. Requires the CCDA to provide a link on its Internet Web site to the Internet Web site of the Division of the State Architect’s CASp certification program and to make the CCDA’s educational materials and information available to other state agencies and local building departments.

5. Requires a commercial property owner or lessor to state on every lease form or rental agreement executed on or after July 1, 2016, to provide the lessee or tenant with a current disability access inspection certificate and inspection report or a copy of the CASp inspection report.

6. Requires, if the subject premises have not been issued a current disability access inspection certificate, the property owner or lessor to include a statement on the rental agreement that, upon request of the lessee or tenant, the property owner may permit a CASp inspection of the subject premises at the lessee’s or tenant’s expense and that the parties must mutually agree on the time and manner of the inspection.

Background

Purpose of the bill. According to the author, “the CCDA is entrusted with a variety of responsibilities relating to disability access throughout California. However, the CCDA has not received funding increases in accordance with new responsibilities from the Legislature. The author further argues that with the funding given to the CCDA by AB 1342, the CCDA will have a half a year of funding so that they may begin hiring permanent staff positions to pursue the goals of their five year strategic plan.”

In addition, the author argues that, “AB 1342 takes several actions relating to CASp inspections. It was noted to our office by persons involved in the business community that it can be difficult to identify CASp inspectors in their area who may inspect their property.” AB 1342 would require CASp applicants to provide the State Architect information about the location of where he or she will be providing those services and require the State Architect to post that information on the State Architect’s Internet Web site.

Finally the author argues that, “the bill also requires property owners to provide tenants with any copies of CASp inspections that have occurred, so that tenants may be aware of any potential access violations. If a CASp inspection has not occurred, as it is not required by state law, property owners must state on the lease agreements that the tenant may seek a CASp inspection if they desire, at their own expense. The purpose of this requirement is to increase awareness that these inspections are available, providing tenants the opportunity to proactively ensure that the property is compliant with the American with Disabilities Act (ADA).”

History of CCDA. In 2008, the Legislature passed SB 1608 (Corbett, Chapter 549, Statutes of 2008) which established the CCDA as part of a bipartisan package of reforms shaped by discussions from disability rights advocates, attorneys for plaintiffs and defendants, and business interests. According to their mission statement, the CCDA’s mission is to promote disability access in California through dialogue and collaboration with stakeholders including but not limited to the disability and business community and all levels of government.

According to the author of SB 1608, the bill included a multi-faceted approach aimed at addressing the high rate of non-compliance with construction-related accessibility standards by public accommodations in California, recognizing the value of and promoting voluntary compliance and prevention. Significant portions of SB 1608 were dependent on the continued funding of the Commission. The author of AB 1342 contends that the CCDA since its inception has been tasked with additional responsibilities without corresponding increases in funding.

Locating a CASp. The State Architect publishes a list of all the CASps in the State on its website. Currently, there are over 575 CASps, however, the current list does not specify the location in which a CASp provides his or her services. This bill requires an applicant for CASp certification or renewal to provide the State Architect the location where the applicant will provide CASp services, specifically, the city, county, or city and county. Additionally, AB 1342 requires the State Architect to publish information on his or her Internet Web site.

Compliance with Disability laws. Under current law, a commercial property owner is required to state on every lease form or rental agreement whether the property has been inspected by a CASp. However, because the property owner may not know whether the property has met all applicable-related accessibility standards, current law may unintentionally create a disincentive for a business property owner to obtain CASp services. The additional information provided under this bill might allow commercial tenants to better understand the state of the leased property, and hopefully allow the commercial property owner or tenant to take proactive steps in reaching compliance with disability access laws.

Prior/Related Legislation

AB 52 (Gray, 2015) provides that the defendant’s maximum liability for statutory damages in a construction-related accessibility claim against a place of public accommodation is $1,000 for each offense if the defendant has corrected all construction-related violations within 180 days of being served with the complaint. (Held in Assembly Judiciary Committee)

AB 54 (Olsen, 2015) requires a plaintiff who has been denied access to a public accommodation because of a construction-related accessibility violation of a standard which has changed in the past three years to give notice to the defendant 60 days before filing a complaint and an opportunity to cure the violation, with no statutory damages payable to the plaintiff; and provides a tax credit under the Personal Income Tax Law and the Corporation Tax Law to any taxpayer who obtains a certified access specialist inspection. (Held in Assembly Revenue and Taxation Committee)

AB 1230 (Gomez, 2015) establishes the California Americans with Disabilities Act Small Business Compliance Act to provide loans to assist small businesses finance the costs of projects that alter or retrofit existing small business facilities to comply with the federal American with Disabilities Act. (Pending in Senate Governmental Organization Committee)

AB 1468 (Baker, 2015) provides that a public entity’s possession of a close out letter from the State Architect certifying that the buildings, facilities, and other places meet the applicable construction-related accessibility standards of the federal Americans with Disabilities Act, serves as presumptive evidence of compliance with the federal Americans with Disabilities Act.  (Held in Assembly Judiciary Committee)

SB 67 (Galgiani, 2015) exempts a small business from statutory damage liability in connection with a construction-related accessibility claim and extends the period for correcting construction-related violations that are the basis of a claim from 60 days to 120 days of being served with the complaint, for purposes of reducing a defendant’s minimum statutory damage liability to $1,000.  (Held in Senate Judiciary Committee)

SB 1608 (Corbett, Chapter 549, Statutes of 2008) enacted the CCDA and various other reforms intended to increase voluntary compliance with longstanding state and federal laws requiring access to the disabled in any place of public accommodation.

FISCAL EFFECT: Appropriation: Yes Fiscal Com.: Yes Local: No

SUPPORT:

American Institute of Architects California Council

Building Owners and Managers Association of California

California Building Industry Association

California Business Properties Association

California Chamber of Commerce

California Commission on Disability Access

Commercial Real Estate Development Association, NAIOP of California

Consumer Attorneys of California

Disability Rights California

International Council of Shopping Centers

National Federation of Independent Businesses

OPPOSITION:

None received

ARGUMENTS IN SUPPORT: According to Disability Rights California, “the CCDA has been instrumental in collecting information about disability access issues. Their reports provide an excellent overview of the types of architectural access issues that exist. Providing additional funding to continue their research is critical as they develop and implement recommendations as outlined in its strategic plan for improving access across California.”

The CCDA argues that “AB 1342 properly addresses the lack of resources for CCDA to fulfill its mandate. The recognition of this lack of sufficient resource allocations required for CCDA to accomplish its legislative mandates is appropriately observed. We believe AB 1342 properly establishes the vehicle to ensure the CCDA will be able to do its work.”

DUAL REFERRAL: Senate Judiciary Committee

ASSEMBLY THIRD READING

ATR Bill Id:AB 1342

Author:(Steinorth)

As Amended Ver:June 1, 2015

2/3 vote

SUMMARY: Appropriates funds to the California Commission on Disability Access (Commission) and enacts other measures intended to promote disability access compliance. Specifically, this bill:

1. Appropriates $120,000 from the General Fund to the Commission which shall be used to provide half-year funding to establish two permanent outreach coordinator positions ($120,000).

2. Requires the State Architect to require a certified access specialist (CASp) applicant to provide the location (i.e. city, county, or city and county) in which the CASp will provide services. Further requires the State Architect to post the location that each CASp provides or intends to provide services.

3. Requires the Commission to post on its website a link to the Division of State Architect’s Certified Access Specialist Program Web site to assist building owners and tenants in locating or hiring a CASp.

4. Removes the sunset provision under current law that requires an applicant for a business license or renewal to pay a $1 fee to local jurisdictions to assist in funding CASp services, training, and retention at the local level, and standards at the state level.

5. Requires a commercial property owner to state on every lease form or rental agreement executed after July 1, 2016, additional information to the tenant or lessor about the condition of the rented or leased property.

EXISTING LAW:

1. Provides for the Commission, an independent state agency composed of 17 members, with the general responsibility for monitoring disability access compliance in California, and the authority to hold hearings and make recommendations to the Legislature for necessary changes to existing state law in order to facilitate implementation of state and federal laws on disability access.

2. Requires the Commission to use its funding, as appropriate, to provide information about preventing or minimizing compliance problems among California businesses, and recommending programs to enable persons with disabilities to obtain full and equal access to public facilities.

FISCAL EFFECT: According to the Assembly Appropriations Committee, ongoing General Fund cost of around $240,000 for the two positions. Removing the sunset on the $1 business license fee will allow Division of the State Architect’s (State Architect) oversight of the CASp program to continue indefinitely, at a special fund cost of around $650,000 annually. State Architect’s costs will be minor and absorbable to obtain and publish information regarding where each CASp provides their services.

COMMENTS: The author contends that the Commission – since its inception – has been tasked with additional responsibilities without corresponding increases in funding. In 2012, the Legislature passed SB 1186 (Steinberg), Chapter 383, Statutes of 2012, a landmark bipartisan measure carried by the Senate's majority and minority leaders, to address the issue of American with Disabilities Act litigation. While many provisions in SB 1186 were procedural in nature and benefitted the business community, SB 1186 imposed additional duties on the Commission.

The Commission's work is integral in any solution aimed at improving compliance with construction-related accessibility standards and access to public accommodations. Indeed, many of the Commission’s reports have helped to shape this Committee's discussions on the issues of disability access and construction-related accessibility claims. Accordingly, it is critical for the Commission to have sufficient resources in order to perform its important duties.

Locating a CASp. Under current law, the State Architect certifies applicants to become CASps. The State Architect publishes a list of all the CASps in the State on its website. Currently, there are over 575 CASps throughout the state. However, despite the large number of CASps, it may be difficult to find a CASp who is available in a given area. Currently, the State Architect's Web site does not consistently provide the location in which a CASp provides his or her services. This lack of information makes it difficult for a business property owner or tenant to locate or hire a CASp in a specific region.

A Commercial Property Owner’s Responsibilities to a Tenant in Reporting Compliance with California’s Disability Access Laws. Under the law, a commercial property owner is required to state on every lease form or rental agreement whether the property has been inspected by a CASp. However, because the property owner may not know whether the property has met all applicable-related accessibility standards, the current law may unintentionally create a disincentive for a business property owner to obtain CASp services. The additional information provided under this bill will allow commercial tenants to better understand the state of the leased property, and allows the commercial property owner or tenant to take proactive steps in reaching compliance with disability access laws by promoting communication between the commercial parties.

Strengthening the CASp Program by Developing Educational and Training Resources at the State and Local Level to Promote Compliance. Increasing access to and use of CASp inspectors promotes compliance and helps businesses avoid lawsuits. The fee is intended to assist local building departments in reducing the costs of CASp testing and certification, and to assist the Division of the State Architect in developing audit procedures and "best practices." The current fee provision is set to sunset in 2018. This bill removes the sunset for the $1 state fee.

Analysis Prepared by: Alison Merrilees / JUD. / (916) 319-2334 FN: 0000606

Date of Hearing: May 20, 2015

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Jimmy Gomez, Chair

ABPCA Bill Id:AB 1342

Author:(Steinorth) – As Amended Ver:April 28, 2015

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill appropriates funds to the California Commission on Disability Access (CCDA) and seeks to promote compliance with disability access requirements. Specifically, this bill:

1. Appropriates $500,000 from the General Fund to the commission to implement its responsibilities.

2. Requires the Division of the State Architect (DSA) to require each applicant for certification as a certified access specialist (CASp), and for CASp recertification, to provide the DSA with information about location (city, county) where they intend to, or have provided services, and requires the DSA to post this information on its website. The commission must also post a link on its website to the DSA's CASp program.

3. Removes the December 31, 2018, sunset on the $1 portion of the local business license fee, 70% of which stays with the local entity to fund increased CASp services, with the remaining 30% going to the DSA to oversee the CASp program.

4. Requires a commercial property owner to state on every lease form or rental agreement executed after July 1, 2016, whether or not the property being leased has undergone inspection by a CASp.

5. Requires, if the property has undergone a CASp inspection, and there have been no modifications since the inspection to impact access compliance, the property owner shall provide a copy of the CASp's inspection report prior to execution of the lease.

6. Requires the property owner, if the property has been provided a current disability access inspection certificate, to furnish the certificate to the lessee within seven days of execution of the lease.

7. Requires the property owner, if the property has not been provided a current disability access inspection certificate, to state in the lease agreement that a CASp can inspect the property, and although an inspection is not required by state law, the owner can arrange an inspector as the lessee's expense.

FISCAL EFFECT:

1. One-time $500,000 GF appropriation to the commission.

2. Removing the sunset on the $1 business license fee will allow DSA's oversight of the CASp program to continue indefinitely, at a special fund cost of around $650,000 annually. DSA's costs will be minor and absorbable to obtain and publish information regarding where each CASp provides their services.

COMMENTS:

1. Background and Purpose. In 2008, the Legislature established the CCDA pursuant to SB 1608 (Corbett and Harman, Ch. 549, Stats. 2008), part of a bipartisan package of reforms shaped by discussions from disability rights advocates, attorneys for plaintiffs and defendants, and business interests. According to the joint authors of SB 1608, the bill included a multi-faceted approach aimed at addressing the high rate of non-compliance with construction-related accessibility standards by public accommodations in California, recognizing the value of and promoting voluntary compliance and prevention.

Significant portions of SB 1608 were dependent on the continued funding of the Commission. The author contends that the Commission—since its inception—has been tasked with additional responsibilities without corresponding increases in funding. SB 1186 (Steinberg and Dutton, Ch. 383, Stats. 2012), was another bipartisan measure to address the issue of ADA litigation. While many provisions in SB 1186 were procedural in nature and benefitted the business community, SB 1186 did impose additional duties on the Commission.

According to the Assembly Judiciary Committee's analysis of this bill, "The commission’s work is integral in any solution aimed at improving compliance with construction-related accessibility standards and access to public accommodations. Indeed, many of the Commission’s reports have helped to shape this Committee’s discussions on the issues of disability access and construction-related accessibility claims. Accordingly, it is critical for the Commission to have sufficient resources in order to perform its important duties."

2. Finding a CASp. The State Architect publishes a list of all the CASps in the State on its website. Currently, there are over 575 CASps, however, it may be difficult to find a CASp who is available in a given area. Currently, the State Architect’s website does not consistently provide the location in which a CASp provides his or her services. This bill requires an applicant for CASp certification or renewal to provide the State Architect the location where the applicant will provide CASp services, specifically, the city, county, or city and county. Additionally, the proposed amendments require the State Architect to publish this locational information.

3. Comment. The Judiciary Committee's analysis discusses the commission's inability to fulfill all of it responsibilities, stating, "The CCDA has identified a need to create the following staff positions: Legislative Outreach Coordinator, Educational Outreach Coordinator, Staff Service Manager, and Administrative Assistant. These staff, upon hiring, would be quickly assigned with specific responsibilities to achieve goals outlined in the Strategic Plan."

The appropriation in this bill, however, is one-time in nature; thus while these resources may help the commission to accomplish functions that are one-time in nature, it would not be available to fund permanent staff position.

Analysis Prepared by: Chuck Nicol / APPR. / (916) 319-2081

Date of Hearing: April 21, 2015

ASSEMBLY COMMITTEE ON JUDICIARY

Mark Stone, Chair

ABPCA Bill Id:AB 1342

Author:(Steinorth) – As Amended Ver:March 26, 2015

As Proposed to be Amended

SUBJECT: CALIFORNIA COMMISSION ON Disabled access

KEY ISSUE: SHOULD THE cALIFORNIA COMMISSION OF DISABILITY ACCESs, A PRODUCT OF BIPARTISAN LEGISLATIVE EFFORTS TO IMPROVE DISABILITY ACCESS AND COMPLIANCE with CONSTRUCTION-RELATED accessibility requirements, BE GIVEN ADDITIONAL RESOURCES and duties THAT will further its efforts TO PROVIDE THE PUBLIC AND THE LEGISLATURE with CRITICALLY IMPORTANT INFORMATION ABOUT HOW TO improve compliance with construction-related accessiblity standards and how to CURB lawsuits alleging VIOLATIONS of those standards?

SYNOPSIS

This bill, receiving broad support from various stakeholders including Disability Rights of California, Consumer Attorneys of California, and the California Chamber of Commerce, seeks to provide additional revenue and responsibilities to the California Commission of Disability Access, which was created by Senate Bill 1608 (Corbett and Harman, Ch. 549, Stats. 2008), a bipartisan measure that reflected the interests of disability rights advocates, as well as the business community. Since its creation, the Commission has partnered and collaborated with different groups at all levels of government to promote disability access by preparing reports, developing strategic plans, and (most importantly) creating educational resources such as pamphlets, checklists, and videos to assist the public in understanding disability access requirements. Additionally, as proposed to be amended, this bill enacts other measures that further promote compliance with disability access laws, including making it easier for the public to find a certified access specialist, strengthening local and state efforts to have high-quality certified access specialists, and facilitating communication between a commercial property owner and a tenant over the state of a leased property in order to better determine whether access improvements to public accommodations are required. There is no known opposition.

SUMMARY: Appropriates funds to the California Commission on Disability Access (Commission) and enacts other measures intended to promote disability access compliance. Specifically, this bill:

1. Appropriates $500,000 from the General Fund to the Commission which shall be used to implement the duties of the Commission.

2. Requires the Commission, to the extent possible, to coordinate with other state agencies and local building departments to make the Commission’s educational materials and information available to those agencies.

3. Requires the State Architect to require a certified access specialist (CASp) applicant to provide the location (i.e. city, county, or city and county) in which the CASp will provide services. Further requires the State Architect to post the location that each CASp provides or intends to provide services.

4. Requires the Commission to post on its website a link to the Division of State Architect’s Certified Access Specialist Program website to assist building owners and tenants in locating or hiring a CASp.

5. Removes the sunset provision under current law that requires an applicant for a business license or renewal to pay a one dollar ($1) fee to local jurisdictions to assist in funding CASp services, training, and retention at the local level, and standards at the state level.

6. Requires a commercial property owner to state on every lease form or rental agreement executed after July 1, 2016, whether or not the property being leased has undergone inspection by a CASp.

7. Requires a commercial property owner to provide additional information to the tenant or lessor about the condition of the rented or leased property.

1. If the property has undergone an inspection (and to the best of the commercial property owner’s knowledge, there have been no modifications or alterations completed or commenced between the date of the inspection and the date of the lease or rental agreement which have impacted the property’s compliance), the commercial property owner shall provide a copy of any report prepared by the CASp to the lessee or tenant. If the property has been issued a current disability access inspection certificate, the commercial property owner shall provide a copy of the certificate or any inspection report to the lessee or tenant within seven days of the date of the execution of the lease form or rental agreement.

2. If the property has not undergone an inspection or been issued a current disability access inspection certificate, the commercial property owner shall state on the lease form or rental agreement that the property may not necessarily meet all of the applicable construction-related accessibility standards under State law.

EXISTING LAW:

1. Provides for a California Commission on Disability Access, an independent state agency composed of 17 members, with the general responsibility for monitoring disability access compliance in California, and the authority to hold hearings and make recommendations to the Legislature for necessary changes to existing state law in order to facilitate implementation of state and federal laws on disability access. (Gov. Code Sec. 8299 et seq. All further statutory references are to the Government Code, unless otherwise indicated.)

2. Requires the Commission to use its funding, as appropriate, to provide information about preventing or minimizing compliance problems among California businesses, and recommending programs to enable persons with disabilities to obtain full and equal access to public facilities. (Section 8299.05.)

3. Makes it a priority for the Commission to provide educational resources to promote and facilitate disability access compliance. (Section 8299.06.)

4. Requires the Commission to work with other state agencies, including the Division of the State Architect and the Department of Rehabilitation, to develop educational materials and information for use by businesses to understand its obligations to provide disability access and to facilitate compliance with construction-related accessibility standards. (Section 8299.06.)

5. Requires the Commission to develop and make available on its Internet Web site, or make available on its Internet Web site if developed by another governmental agency, including Americans with Disabilities Act centers, toolkits or educational modules to assist a California business to understand its obligations under the law and to facilitate compliance with respect to the top 10 alleged construction-related violations, as provided. (Section 8299.06.)

6. Requires the Commission to post on its Internet Web site educational materials and information that will assist building owners, tenants, building officials, and building inspectors to understand the disability accessibility requirements and to facilitate compliance with disability access laws. The Commission shall at least annually review the educational materials and information on disability access requirements and compliance available on the Internet Web site of other local, state, or federal agencies, including Americans with Disabilities Act centers, to augment the educational materials and information developed by the Commission. (Section 8299.06.)

7. Requires the Commission to compile data about demand letters and complaints filed with the Commission pursuant to Section 53.32 of the Civil Code. The Commission shall identify the various types of construction-related physical access violations alleged in the demand letters and in the complaints and shall tabulate the number of claims alleged for each violation in the demand letters and in the complaints. (Section 8299.08.)

8. Provides that the Commission’s continued operation is dependent upon available funds provided by the Legislature. (Section 8299.11.)

9. Provides for the certification process in which an applicant may become a certified-access specialist. Further provides that the Division of the State Architect shall require each applicant to pay fees that are reasonably necessary to implement the certified access specialist program, including processing, registration, and publishing a list of certified access specialists. (Section 4459.8.)

10. Adds a one dollar ($1) state fee on an applicant for a business license or permit or renewal for purposes of increasing disability access and compliance with construction-related accessibility requirements and developing educational resources for businesses to facilitate compliance with federal and state disability laws. The fee is divided between the local jurisdiction that collects the fee and the Division of the State Architect, as provided. This provision expires in 2018. (Section 4467.)

11. Requires a commercial property owner to state on a lease form or rental agreement executed on or after July 1, 2013, if the property being leased or rented has undergone inspection by a certified access specialist. If the property has undergone an inspection, the commercial property owner shall state whether the property has or has not been determined to meet all applicable construction-related accessibility standards. (Civil Code Section 1938.)

FISCAL EFFECT: As currently in print this bill is keyed fiscal.

COMMENTS: In 2008, the Legislature established the Commission pursuant to SB 1608 (Corbett and Harman, Ch. 549, Stats. 2008), part of a bipartisan package of reforms shaped by discussions from disability rights advocates, attorneys for plaintiffs and defendants, and business interests. The package included measures such as the following: (1) expanding the certified access specialists (CASp) program; (2) allowing businesses to obtain a stay of litigation in construction-related access matters under specified conditions; (3) specifying the requirements for demand notices and complaints; (4) continuing education requirement for construction inspectors, plan examiners, and building officials for disability access requirements; and for purposes here, (5) the creation of the California Commission on Disability Access.

According to the joint authors of SB 1608, the bill included a multi-faceted approach aimed at addressing the high rate of non-compliance with construction-related accessibility standards by public accommodations in California, recognizing the value of and promoting voluntary compliance and prevention. Indeed, SB 1608 was a bipartisan and bicameral effort with disability rights organizations and business advocates over a period of years. The measure was the product of extended, careful, and thoughtful consideration by legislators and members of the disability and business communities, including Disability Rights California, California Chamber of Commerce, California Foundation for Independent Living Centers, California Restaurant Association, Business Properties Association, California Hotel Association and several others.

Original Duties and Responsibilities. The Commission was originally required to prepare a study to the Legislature about issues concerning:

(a) Compliance with state laws and regulations by the public and private sector, by persons with disabilities, and by businesses;

(b) Whether the CASp program was meeting the needs of both the disability and business community, including whether there are issues about timeliness or competence;

(c) Whether existing training and continuing education requirements for personnel involved in designing, plan checking, building, or inspection provide sufficient knowledge about state and federal disability access laws; and

(d) Whether training and continuing education requirements should be enacted for other professionals, like architects, professional engineers, contractors.

Additionally, SB 1608 required the Commission to:

(a) Coordinate with state agencies and local building departments to ensure that information provided to the public on disability access requirements is uniform and complete;

(b) Engage in educational outreach efforts to prevent problems of compliance;

(c) Recommend programs to enable persons with disabilities to obtain full and equal access to public facilities;

(d) Develop a master checklist that may be used by building inspectors for disability access compliance;

(e) Assess the operation of Civil Code Section 55.54 to determine whether it reduces unnecessary civil actions or whether it unduly impacts claims brought to facilitate compliance;

(f) Provide recommendations to the Legislature.

Significant portions of the bipartisan reform depend upon the continuous appropriation of the Commission. Under Section 12 of Senate Bill 1608, Civil Code §§ 55.51 and 55.52; § 55.53 subdivision (c); and § 55.54 subdivision (a) all become inoperative if the Commission loses its funding. These particular provisions are integral to both the CASp program and the notice that an attorney must provide to an alleged defendant. Specifically, these provisions: (1) describe the notice that a CASp inspector must give to a private property owner or tenant; and (2) describe the notice that an attorney must give to an alleged defendant in a civil action for a construction-related accessibility claim.

The author contends that the Commission—since its inception—has been tasked with additional responsibilities without corresponding increases in funding. Specifically, the author states:

The CCDA plays an important role as a liaison between the business, disabled, and legal communities in promoting disability access and compliance throughout the State of California. The CCDA seeks to be a resource to the Legislature with the ability to provide informed, non-partisan data and insight surrounding access issues. It holds a unique position in uniting parties which are often perceived to be at odds with each other, and thus, has a powerful potential to recommend or inform Legislative actions.

And yet, the CCDA has seen an expansion of its responsibilities since its inception in 2008, but has not received an appropriate increase in funding that enable the CCDA to begin other projects.

Existing funding levels limit the CCDA to rely heavily upon volunteers to assist with the workload and important tasks; while volunteers are valuable, there is high turnover and a relative lack of responsibility, leaving the Commission vulnerable to a lack of human resources at any time.

Additionally, the Executive Director spends much of her time completing administrative tasks, as the office lacks an administrative or office assistant. The CCDA has identified a need to create the following staff positions: Legislative Outreach Coordinator, Educational Outreach Coordinator, Staff Service Manager, and Administrative Assistant. These staff, upon hiring, would be quickly assigned with specific responsibilities to achieve goals outlined in the Strategic Plan.

Ultimately, the CCDA seeks to offer and improve its educational resources, coordinate discussion with parties throughout the State, and serve as a forum for disability access dialogue outside of and prior to the courtroom. Unfortunately, the existing funding levels do not enable the CCDA to begin these projects.

New Responsibilities under SB 1186. As the author correctly states, the Commission has received additional responsibilities since it was created. In 2012, the Legislature passed SB 1186 (Steinberg and Dutton, Ch. 383, Stats. 2012), another landmark bipartisan measure carried by the Senate’s majority and minority leaders, to address the issue of ADA litigation. While many provisions in SB 1186 were procedural in nature and benefitted the business community, SB 1186 imposed additional duties on the Commission.

Pursuant to SB 1186, the Commission is now required to do the following, in addition to its original duties:

(a) Receive demand letters and civil complaints from attorneys alleging a construction-related accessibility claim; and

(b) Report to the Legislature about the number of demand letters and civil complaints filed, the various types of construction-related physical access violations alleged, the 10 most frequent types of accessibility violations alleged, and whether the civic complaints are filed in state or federal court.

The additional responsibilities, provided under SB 1186, are significant. For example, between January and October 2014, the Commission combed through over 2,500 civil complaints (state and federal) to determine the types of construction-related access violations alleged in those complaints. During this ten-month span, the Commission determined that over 8,720 construction-related access violations were alleged in those civil complaints. The Commission categorized these alleged violations and provided the Legislature with a report about its findings.

Steady Funding. Under SB 1608, the Commission was allocated an $80,000 general fund appropriation. Since then, the Legislature has appropriated funding to the Commission through the annual Budget Act. Generally, the funding level has been steady.

(In hundreds of thousands)

The Commission’s work is integral in any solution aimed at improving compliance with construction-related accessibility standards and access to public accommodations. Indeed, many of the Commission’s reports have helped to shape this Committee’s discussions on the issues of disability access and construction-related accessibility claims. Accordingly, it is critical for the Commission to have sufficient resources in order to perform its important duties.

The Proposed Amendments Provide Additional Responsibilities to the Commission. As stated above, the Commission has provided the Legislature and the public with critical information regarding the issue of disability access. For example, current law requires the Commission to provide a comprehensive report on the types of violations alleged in a construction-related accessibility matter. Given the Commission’s expertise and excellent track record, it is appropriate for the Commission to undertake additional important, but not onerous, responsibilities to further educate the public on how to comply with disability accessibility laws.

As proposed to be amended in this bill, the Commission will be required:

• To the extent feasible, to coordinate with state agencies and local building departments to make educational materials and information available to those agencies; and

• To post on its website a link to the website of the Division of the State Architect’s CASp program to assist building owners and tenants in locating or hiring a CASp.

Locating a Certified Access Specialist (CASp). Under current law, the Division of the State Architect (State Architect) certifies applicants to become CASps. The State Architect publishes a list of all the CASps in the State on its website. Currently, there are over 575 CASps throughout the state. However, despite the large number of CASps, it may be difficult to find a CASp who is available in a given area. Currently, the State Architect’s website does not consistently provide the location in which a CASp provides his or her services. This lack of information makes it difficult for a business property owner or tenant to locate or hire a CASp in a specific region.

As proposed to be amended, an applicant for CASp certification or renewal will be required to provide the State Architect the location where the applicant will provide CASp services; specifically, the city, county, or city and county. Additionally, the proposed amendments require the State Architect to publish this locational information.

A Commercial Property Owner’s Responsibilities to a Tenant in Reporting Compliance with California’s Disability Access Laws. It is a priority for the State and the Commission to provide educational resources in order to promote and facilitate disability access compliance. Under SB 1186, commercial property owners are required to give certain information to a tenant relating to disability access compliance.

Under the law, a commercial property owner is required to state on every lease form or rental agreement whether the property has been inspected by a CASp. If the property has undergone a CASP inspection, the lease or rental agreement must state whether the property meets all applicable construction-related accessibility standards. However, because the property owner may not know whether the property has met all applicable-related accessibility standards, the current law may unintentionally create a disincentive for a business property owner to obtain CASp services. The author’s proposed amendments addresses this problem by requiring the business property owner to inform the tenant whether or not the property has been inspected by a CASp.

If the property has undergone an inspection and is in the same condition as it was when it was inspected, the commercial property owner shall provide a copy of any CASP report, or if applicable, a current disability access inspection certificate to the tenant. If the property has not undergone an inspection or been issued a current disability access inspection certificate, the commercial property owner shall state on the lease form or rental agreement that the property may not necessarily meet all of the applicable construction-related accessibility standards under state law.

This additional information allows commercial tenants to better understand the state of the leased property, and allows the commercial property owner or tenant to take proactive steps in reaching compliance with disability access laws by promoting communication between the commercial parties.

Strengthening the CASp Program by Developing Educational and Training Resources at the State and Local Level to Promote Compliance. Increasing access to and use of CASp inspectors promotes compliance and helps businesses avoid lawsuits. As part of the framework established by Senate Bill 1186, a one dollar ($1) state fee was added to the issuance or renewal of a business license fee, in order to create educational and training programs and to maintain quality control over existing CASps. Under current law, the fee is collected by local jurisdictions, where 70% of the fee is kept at the local level and 30% of the fee is remitted to the Disability Access and Education revolving fund, which is administered by the Division of the State Architect.

The fee is intended to assist local building departments in reducing the costs of CASp testing and certification, and to assist the Division of the State Architect in developing audit procedures and “best practices.” The current fee provision is set to sunset in 2018. As proposed to be amended, the bill removes the sunset for the $1 state fee.

ARGUMENTS IN SUPPORT: Disability Rights California supports AB 1342 and states:

The CCDA has been instrumental in collecting information about disability access issues. Their reports provide an excellent overview of the types of architectural access issues [that] exist. Providing additional funding to continue their research is critical as they develop and implement recommendations as outlined in its strategic plan for improving access across California.

Similar Pending legislation. AB 52 (Gray) - provides, among other things, that the defendant’s maximum liability for statutory damages in a construction-related accessibility claim against a place of public accommodation is $1,000 for each offense if the defendant has corrected all construction-related violations within 180 days of being served with the complaint.  This bill is currently in this Committee.

AB 54 (Olsen) – requires a plaintiff who has been denied access to a public accommodation because of a construction-related accessibility violation of a standard which has changed in the past three years to give notice to the defendant 60 days before filing a complaint and an opportunity to cure the violation, with no statutory damages payable to the plaintiff; and provides a tax credit under the Personal Income Tax Law and the Corporation Tax Law to any taxpayer who obtains a certified access specialist inspection.  This bill is currently in this Committee.

AB 1230 (Gomez) - establishes, among other things, the California Americans with Disabilities Act Small Business Compliance Finance Act, which would provide loans, funded in part by bond issuances, to assist small businesses finance the costs of projects that alter or retrofit existing small business facilities to comply with the federal American with Disabilities Act.  This bill is currently in Assembly Banking and Finance.

AB 1468 (Baker) -provides, among other things, that a public entity’s possession of a close out letter from the State Architect certifying that the buildings, facilities, and other places meet the applicable construction-related accessibility standards of the federal Americans with Disabilities Act, serves as presumptive evidence of compliance with the federal Americans with Disabilities Act.  This bill is currently in this Committee.

SB 67 (Galgiani) - among other things, exempts a small business from statutory damage liability in connection with a construction-related accessibility claim and extends the period for correcting construction-related violations that are the basis of a claim from 60 days to 120 days of being served with the complaint, for purposes of reducing a defendant’s minimum statutory damage liability to $1,000.  This bill is currently in Senate Judiciary.

SB 251 (Roth) - relating to civil rights and disability access, is currently in Senate Rules.

REGISTERED SUPPORT / OPPOSITION:

Support

Disability Rights California

Consumer Attorneys of California

California Business Properties Association

California Chamber of Commerce

California Building Industry Association

National Federation of Independent Business

American Institute of Architects California Council

Building Owners and Managers Association of California

Commercial Real Estate Development Association, NAIOP of California

International Council of Shopping Centers

California Commission on Disability Access

Opposition

None on file

Analysis Prepared by: Eric Dang and Alison Merrilees / JUD. / (916) 319-2334