Bill Text: CA AB1342 | 2015-2016 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Disability access.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Vetoed) 2016-01-15 - Consideration of Governor's veto stricken from file. [AB1342 Detail]
Download: California-2015-AB1342-Amended.html
Bill Title: Disability access.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Vetoed) 2016-01-15 - Consideration of Governor's veto stricken from file. [AB1342 Detail]
Download: California-2015-AB1342-Amended.html
BILL NUMBER: AB 1342 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 28, 2015
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Steinorth
FEBRUARY 27, 2015
An act to add Section 8299.12 to amend
Section 1938 of the Civil Code, and to amend Sections 4459.8, 4467,
and 8299.06 of the Government Code, relating to disability
access, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 1342, as amended, Steinorth. California Commission on
Disability Access. Disability access.
(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
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 tenant's expense.
Existing
(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 commission's 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 Architect's CASp certification program,
make the commission's 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 2015-16 fiscal year for those
the above-described purposes.
Vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1938 of the Civil
Code is amended to read:
1938. (a) A commercial property owner or
lessor shall state on every lease form or rental agreement executed
on or after July 1, 2013, 2016, whether
or not the property being leased or rented has undergone
inspection by a Certified Access Specialist (CASp), and, if
so, whether the property has or has not been determined to meet all
applicable construction-related accessibility standards pursuant to
Section 55.53. (CASp).
(b) If the property being leased or rented has undergone
inspection by a CASp and to the best of the commercial property owner
or lessor'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 with construction-related accessibility
standards, the commercial property owner or lessor shall provide,
prior to 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.
(c) If the property has been issued a current disability access
inspection certificate, as described in Section 55.53, the commercial
property owner or lessor shall provide a copy of the current
disability access inspection certificate and any inspection report to
the lessee or tenant within seven days of the date of the execution
of the lease form or rental agreement.
(d) If the property has 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 property
and determine whether it complies with all of the applicable
construction-related accessibility standards under state law.
Although state law does not require a CASp inspection of this
property, the property owner will arrange for a CASp inspection of
this property at the tenant's expense, if requested by the tenant."
SEC. 2. Section 4459.8 of the
Government Code is amended to read:
4459.8. (a) The certification authorized by Section 4459.5 is
effective for three years from the date of initial certification and
expires if not renewed. The State Architect, upon consideration of
any factual complaints regarding the work of a certified access
specialist or of other relevant information, may suspend
certification or deny renewal of certification.
(b) (1) The State Architect shall require each applicant for
certification as a certified access specialist to pay
do the following:
(A) Pay fees, including an
application and course fee and an examination fee, at a level
sufficient to meet the costs of application processing, registration,
publishing a list, and other activities that are reasonably
necessary to implement and administer the certified access specialist
program. The
(B) Provide to the State Architect information about the city,
county, or city and county in which the applicant intends to provide
services.
(2) The State Architect shall
require each applicant for renewal of certification to pay
do the following:
(A) Pay a fee sufficient to cover
the reasonable costs of reassessing qualifications of renewal
applicants.
(B) Provide to the State Architect information about the city,
county, or city and county in which the applicant has provided
services since the last day of certification by the State Architect.
(2)
(3) The State Architect shall periodically review its
schedule of fees to ensure that its fees for certification are not
excessive while covering the costs to administer the certified access
specialist program. The application fee for a California licensed
architect, landscape architect, civil engineer, or structural
engineer shall not exceed two hundred fifty dollars ($250).
(c) All fees collected pursuant to this section shall be deposited
into the Certified Access Specialist Fund, which is hereby created
in the State Treasury. Notwithstanding Section 13340, this fund is
continuously appropriated without regard to fiscal years for use by
the State Architect to implement Sections 4459.5 to 4459.8,
inclusive.
(d) The State Architect shall post on his or her Internet Web site
information about the city, county, or city and county in which each
certified access specialist provides or intends to provide services.
SEC. 3. Section 4467 of the Government
Code is amended to read:
4467. (a) On and after January 1, 2013, and until
December 31, 2018, any Any applicant for a local
business license or equivalent instrument or permit, and from any
applicant for the renewal of a business license or equivalent
instrument or permit, shall pay an additional fee of one dollar ($1)
for that license, instrument, or permit, which shall be collected by
the city, county, or city and county that issued the license,
instrument, or permit.
(b) The city, county, or city and county shall retain 70 percent
of the fees collected under this section, of which up to 5 percent of
the retained moneys may be used for related administrative costs of
this chapter. The remaining moneys shall be used to fund increased
certified access specialist (CASp) services in that jurisdiction for
the public and to facilitate compliance with construction-related
accessibility requirements. The highest priority shall be given to
the training and retention of certified access specialists to meet
the needs of the public in the jurisdiction as provided in Section
55.53 of the Civil Code.
(c) The remaining 30 percent of all fees collected under this
section shall be transmitted on a quarterly basis to the Division of
the State Architect for deposit in the Disability Access and
Education Revolving Fund established under Sections 4465 and 4470.
The funds shall be transmitted within 15 days of the last day of the
fiscal quarter. The Division of the State Architect shall develop and
post on its Internet Web site a standard reporting form for use by
all local jurisdictions. Up to 75 percent of the collected funds in
the Disability Access and Education Revolving Fund shall be used to
establish and maintain oversight of the CASp program and to moderate
the expense of CASp certification and testing.
(d) Each city, county, or city and county shall make an annual
report, commencing March 1, 2014, to the Legislature and to the
Chairs of the Senate and Assembly Committees on Judiciary, and the
Chair of the Senate Committee on Budget and Fiscal Review and the
Chair of the Assembly Committee on Budget, of the total fees
collected in the previous calendar year and of its distribution,
including the moneys spent on administrative services, the moneys
spent to increase CASp services, the moneys spent to fund programs to
facilitate compliance, and the moneys transmitted to the Disability
Access and Education Revolving Fund. A report to be submitted
pursuant to this subdivision shall be submitted in compliance with
Section 9795.
SEC. 4. Section 8299.06 of the
Government Code is amended to read:
8299.06. (a) A priority of the commission shall be the
development and dissemination of educational materials and
information to promote and facilitate disability access compliance.
(b) The commission shall 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.
(c) The commission shall 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, by type, as specified in subdivision
(a) of Section 8299.08. Upon completion of this requirement, the
commission shall develop and make available on its Internet Web site,
or work with another agency to develop, other toolkits or
educational modules that would educate businesses of the
accessibility requirements and to facilitate compliance with that
requirement.
(d) The commission shall post the following on its
Internet Web site educational site:
(1) 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.
(2) A link to the Internet Web site of the Division of the State
Architect's Certified Access Specialist (CASp) Program to assist
building owners and tenants in locating or hiring a CASp.
(e) The commission shall, to the extent feasible, coordinate with
other state agencies and local building departments to ensure that
information provided to the public on disability access requirements
is uniform and complete. complete, and make
its educational materials and information available to those agencies
and departments.
SEC. 5. For the 2015-16 fiscal year, the sum of
five hundred thousand dollars ($500,000) is hereby appropriated from
the General Fund to the California Commission on Disa
bility Access, for expenditure without regard to fiscal years. The
moneys shall be used to implement the duties imposed on the
commission pursuant to Chapter 3.7 (commencing with Section 8299) of
Division 1 of Title 2 of the Government Code.
SECTION 1. Section 8299.12 is added to the
Government Code, to read:
8299.12. For the 2015-16 fiscal year, the sum of five hundred
thousand dollars ($500,000) is hereby appropriated from the General
Fund to the commission, for expenditure without regard to fiscal
years. The moneys shall be used to implement the duties imposed on
the commission pursuant to this chapter.
