BILL NUMBER: AB 462 CHAPTERED 09/22/05 CHAPTER 299 FILED WITH SECRETARY OF STATE SEPTEMBER 22, 2005 APPROVED BY GOVERNOR SEPTEMBER 22, 2005 PASSED THE ASSEMBLY SEPTEMBER 7, 2005 PASSED THE SENATE SEPTEMBER 6, 2005 AMENDED IN SENATE SEPTEMBER 1, 2005 AMENDED IN SENATE JULY 13, 2005 AMENDED IN SENATE JUNE 9, 2005 INTRODUCED BY Assembly Member Tran FEBRUARY 15, 2005 An act to amend Section 4454 of the Government Code, relating to disability access, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST AB 462, Tran Disability access. Existing law requires the Department of General Services, for the purpose of ensuring access and use by persons with disabilities, to issue a written approval before a contract may be awarded where state funds are used for specified buildings or facilities, or where funds of counties, municipalities, or other political subdivisions are utilized for the construction of specified educational buildings or facilities. This bill would authorize the Department of Transportation to approve plans for specified transportation facilities located within state highway rights-of-way to ensure access and use by persons with disabilities. The bill would require the Department of Transportation to use engineers certified through a specified program, if the State Architect establishes the program, to verify that the Department of Transportation's standards, guidelines, and design exceptions comply with requirements ensuring access and use by persons with disabilities. The bill would declare that it is to take effect immediately as an urgency statute. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 4454 of the Government Code is amended to read: 4454. (a) Where state funds are utilized for any building or facility subject to this chapter, or where funds of counties, municipalities, or other political subdivisions are utilized for the construction of elementary school, secondary school, or community college buildings and facilities subject to this chapter, no contract shall be awarded until the Department of General Services has issued written approval stating that the plans and specifications comply with the intent of this chapter. (b) Notwithstanding subdivision (a), for all transportation facilities, other than rail or transit stations, located within state highway rights-of-way, the Department of Transportation is authorized to issue the required written approval stating that the plans and specifications comply with intent of this chapter. If the Department of General Services, Division of the State Architect, establishes a certified access specialist program, as described in Section 4459.5, specific to standards governing access to transportation facilities, the Department of Transportation shall within 180 days of establishment of the program begin using engineers certified through that program to verify that the Department of Transportation's standards, guidelines, and design exceptions comply with the intent of this chapter. (c) In each case the application for approval shall be accompanied by the plans and full, complete, and accurate specifications, which shall comply in every respect with any and all requirements prescribed by the Department of General Services. (d) Except for facilities located within state highway rights-of-way, other than rail or transit stations, the application shall be accompanied by a filing fee in amounts as determined by the Department of General Services. All fees shall be deposited into the Access for Handicapped Account, which is hereby renamed the Disability Access Account as of July 1, 2001, and established in the General Fund. Notwithstanding Section 13340, the account is continuously appropriated for expenditures for the use of the Department of General Services, in carrying out the department's responsibilities under this chapter. (e) The Department of General Services shall consult with the Department of Rehabilitation in identifying the requirements necessary to comply with this chapter. (f) The Department of General Services, Division of the State Architect, shall include the cost of carrying out the responsibilities identified in this chapter as part of the plan review costs in determining fees. SEC. 2. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order for the provisions of this act to take effect as soon as possible, it is necessary that this act take effect immediately.