Amended in Assembly January 4, 2016

Amended in Assembly April 22, 2015

Amended in Assembly March 16, 2015

Amended in Assembly February 18, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 54

Introduced by Assembly Member Olsen

(Principal coauthor: Assembly Member Gray)

(Principal coauthors: Senators Berryhill, Cannella, and Galgiani)

(Coauthors: Assembly Members Achadjian, Travis Allen, Baker, Bigelow, Brough, Chang, Chávez, Cooper, Beth Gaines, Gallagher, Grove, Lackey, Linder, Maienschein, Mathis, Mayes, Obernolte, Patterson, Perea, Salas, Steinorth, Waldron, and Wilk)

(Coauthors: Senators Anderson, Fuller, Gaines, Huff, Nielsen, Stone, and Vidak)

December 1, 2014

An act to amend Sections begin delete 17053.42 and 23642 of the Revenue and Taxation Code, relating to public accommodations, to take effect immediately, tax levy. end delete begin insert end insert begin insert 55.32, 55.53, and 55.56 of the Civil Code, and to amend Sections 4459.7, 4459.8, and 8299.06 of, to add Section 65941.6 to, and to add Article 4 (commencing with Section 65946) to Chapter 4.5 of Division 1 of Title 7 of, the Government Code, relating to disability access. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 54, as amended, Olsen. begin delete Public accommodations: construction-related accessibility standards: tax credit. end delete begin insert Disability access. end insert

begin insert

(1) Existing law prohibits discrimination on the basis of various specified personal characteristics, including disability. The Construction-Related Accessibility Standards Compliance Act establishes standards for making new construction and existing facilities accessible to persons with disabilities and provides for construction-related accessibility claims for violations of those standards. Existing law requires that a copy of the demand letter and the complaint be sent to the California Commission on Disability Access.

end insert begin insert

This bill would, in addition, require that information about the demand letter and the complaint be submitted to the commission in a standard format specified by the commission.

end insert begin insert

(2) Existing law specifies that a violation of construction-related accessibility standards personally encountered by a plaintiff may be sufficient to cause a denial of full and equal access if the plaintiff experienced difficulty, discomfort, or embarrassment because of the violation.

end insert begin insert

This bill would exclude certain technical violations from the scope of this provision, if specified conditions are met.

end insert begin insert

(3) Under existing law, a defendant is liable for actual damages plus minimum statutory damages for each instance of discrimination relating to a construction-related accessibility standard.

end insert begin insert

This bill would exempt a defendant from liability for minimum statutory damages with respect to a structure or area inspected by a certified access specialist (CASp) for a period of 120 days if specified conditions are met. The bill would require a defendant who claims the benefit of this provision to disclose the date and findings of any CASp inspection to the plaintiff.

end insert begin insert

(4) 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 CASp. Existing law requires the State Architect to annually publish a list of CASps. 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.

end insert begin insert

This bill would additionally require the State Architect to publish, and regularly update, easily accessible lists of businesses that file prescribed notices of inspection, and businesses which have been inspected by a CASp on or after January 1, 2017, including the date of the inspection. The bill would require the State Architect to develop a process by which a small business may notify the State Architect that a structure or area has had a CASp inspection and to develop a form for businesses to notify the public that the business has obtained a CASp inspection. The bill would also 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 Division of the State Architect to post that information on its Internet Web site.

end insert begin insert

(5) 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 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.

end insert begin insert

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, and make the commission’s educational materials and information available to other state agencies and local building departments.

end insert begin insert

(6) The Permit Streamlining Act establishes procedures for the application, and review of an application, for a development project. Existing law requires a public agency to notify applicants for development permits of specified information, including the time limits established for the review and approval of development permits.

end insert begin insert

This bill would additionally require local agencies to develop and provide to applicants materials relating to the requirements of the federal Americans with Disabilities Act of 1990, or to instead provide similar materials developed by the California Commission on Disability Access. The bill would require a local agency to notify an applicant that approval of a permit does not signify that the applicant has complied with that act. The bill would also require local agencies to expedite review of projects for which the applicant provides a copy of a disability access certificate, demonstrates that the project is necessary to address an alleged violation of a construction-related access standard or a violation noted in a CASp report, and, if project plans are necessary for approval, has had a CASp review the project plans for compliance with all applicable construction-related accessibility standards. The bill would declare that these provisions constitute a matter of statewide concern and shall apply to charter cities and charter counties.

end insert begin insert

By imposing additional duties on local agencies with respect to the receipt and review of applications for development projects, this bill would impose a state-mandated local program.

end insert begin insert

(7) 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.

end insert begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert begin delete

(2) Existing law grants an owner or tenant of a site, defined as a place of public accommodation, that has been inspected by a certified access specialist (CASp) and determined to meet all applicable construction-related accessibility standards specified rights in an action that includes a construction-related accessibility claim.

end delete begin delete

The Personal Income Tax Law and the Corporation Tax Law, in specified conformity to federal law, allow a credit against the taxes imposed by those laws, to eligible small businesses for 50% of eligible access expenditures, which are defined as those amounts paid or incurred by the taxpayer to comply with the Americans With Disabilities Act of 1990, as provided, not to exceed $250.

end delete begin delete

This bill, for taxable years beginning on or after January 1, 2016, would include as an eligible access expenditure any amount paid or incurred by a taxpayer to receive an inspection by a CASp.

end delete begin delete

This bill would take effect immediately as a tax levy.

end delete

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

SECTION 1.  

(a) The Legislature finds and declares that the
federal Americans with Disabilities Act of 1990 (ADA) is a
well-intentioned law empowering private citizens to bring claims
against businesses that do not make their establishments accessible
to those with disabilities. However, a large number of businesses
in California are out of compliance with the ADA.

(b) The Legislature further finds and declares all of the
following:

(1) Current law permits defendants to request a court stay and
an early evaluation conference upon being served with a
construction-related accessibility claim if, among other things, the
site in question had new construction approved by a local public
building department inspector who is a certified access specialist
(CASp), no subsequent modifications or alterations have been
made, and all violations are corrected within 60 days.

(2) The purpose of this begin delete tax credit end delete begin insert act end insert is to promote increased
compliance with disabled accessibility building codes throughout
the state by encouraging business and property owners to become
CASp certified. Using the relief provided by this begin delete tax credit, end delete begin insert act, end insert
business and property owners will be more likely to obtain a CASp
inspection whenever modifying or altering a site.

begin delete

(c) The California Commission on Disability Access shall post
information about this tax credit on its Internet Web site and
include in its annual report to the Legislature the impact the tax
credit has had on reducing ADA compliance lawsuits.

end delete

begin delete

SEC. 2.  

Section 17053.42 of the Revenue and Taxation Code
is amended to read:

17053.42.  

(a) For each taxable year beginning on or after
January 1, 1996, there shall be allowed as a credit against the “net
tax,” as defined in Section 17039, the amount paid or incurred for
eligible access expenditures. The credit shall be allowed in
accordance with Section 44 of the Internal Revenue Code, relating
to expenditures to provide access to disabled individuals, except
that the credit amount specified in subdivision (b) shall be
substituted for the credit amount specified in Section 44(a) of the
Internal Revenue Code, relating to general rule.

(b) The credit amount allowed under this section shall be 50
percent of so much of the eligible access expenditures for the
taxable year as do not exceed two hundred fifty dollars ($250).

(c) (1) For taxable years beginning on or after January 1, 2016,
Section 44(c)(2) of the Internal Revenue Code, relating to certain
expenditures included, is modified to include the amount paid or
incurred for a site to be inspected by a CASp, which is a certified
access specialist.

(2) “Certified access specialist,” “inspected by a CASp,” and
“site” shall have the same meanings as those terms are defined in
subdivision (a) of Section 55.52 of the Civil Code.

(d) In the case where the credit allowed by this section exceeds
the “net tax,” the excess may be carried over to reduce the “net
tax” in the following year, and succeeding years if necessary, until
the credit is exhausted.

SEC. 3.  

Section 23642 of the Revenue and Taxation Code is
amended to read:

23642.  

(a) For each taxable year beginning on or after January
1, 1996, there shall be allowed as a credit against the “tax,” as
defined in Section 23036, the amount paid or incurred for eligible
access expenditures. The credit shall be allowed in accordance
with Section 44 of the Internal Revenue Code, relating to
expenditures to provide access to disabled individuals, except that
the credit amount specified in subdivision (b) shall be substituted
for the credit amount specified in Section 44(a) of the Internal
Revenue Code, relating to general rule.

(b) The credit amount allowed under this section shall be 50
percent of so much of the eligible access expenditures for the
taxable year as do not exceed two hundred fifty dollars ($250).

(c) (1) For taxable years beginning on or after January 1, 2016,
Section 44(c)(2) of the Internal Revenue Code, relating to certain
expenditures included, is modified to include the amount paid or
incurred for a site to be inspected by a CASp, which is a certified
access specialist.

(2) “Certified access specialist,” “inspected by a CASp,” and
“site” shall have the same meanings as those terms are defined in
subdivision (a) of Section 55.52 of the Civil Code.

(d) In the case where the credit allowed by this section exceeds
the “tax,” the excess may be carried over to reduce the “tax” in
the following year, and succeeding years if necessary, until the
credit is exhausted.

SEC. 4.  

This act provides for a tax levy within the meaning of
Article IV of the Constitution and shall go into immediate effect.

end delete

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 55.32 of the end insert begin insert Civil Code end insert begin insert , as amended by Section
3 of Chapter 755 of the Statutes of 2015, is amended to read: end insert

55.32.  

(a) An attorney who provides a demand letter, as defined
in subdivision (a) of Section 55.3, shall do all of the following:

(1) Include the attorney’s State Bar license number in the
demand letter.

(2) Within five business days of providing the demand letter,
send a copy of the demand begin delete letter to end delete begin insert letter, and submit information
about the demand letter in a standard format specified by end insert the
California Commission on Disability begin delete Access. end delete begin insert Access, to the
commission. end insert

(b) An attorney who sends or serves a complaint, as defined in
subdivision (a) of Section 55.3, shall do both of the following:

(1) Send a copy of the complaint begin delete to end delete begin insert and submit information
about the complaint in a standard format specified by end insert the California
Commission on Disability Access begin insert to the commission end insert within five
business days of sending or serving the complaint.

(2) Notify the California Commission on Disability Access
within five business days of judgment, settlement, or dismissal of
the claim or claims alleged in the complaint of the following
information in a standard format specified by the commission:

(A) The date of the judgment, settlement, or dismissal.

(B) Whether or not the construction-related accessibility
violations alleged in the complaint were remedied in whole or in
part after the plaintiff filed a complaint or provided a demand
letter, as defined by Section 55.3.

(C) If the construction-related accessibility violations alleged
in the complaint were not remedied in whole or in part after the
plaintiff filed a complaint or provided a demand letter, as defined
by Section 55.3, whether or not another favorable result was
achieved after the plaintiff filed the complaint or provided the
demand letter.

(D) Whether or not the defendant submitted an application for
an early evaluation conference and stay pursuant to Section 55.54,
whether the defendant requested a site inspection, the date of any
early evaluation conference, and the date of any site inspection.

(c) A violation of paragraph (2) of subdivision (a) or subdivision
(b) shall constitute cause for the imposition of discipline of an
attorney if a copy of the demand letter, complaint, or notification
of a case outcome is not sent to the California Commission on
Disability Access within five business days. In the event the State
Bar receives information indicating that an attorney has failed to
send a copy of the demand letter, complaint, or notification of a
case outcome to the California Commission on Disability Access
within five business days, the State Bar shall investigate to
determine whether paragraph (2) of subdivision (a) or subdivision
(b) has been violated.

(d) Notwithstanding subdivisions (a) and (b), an attorney is not
required to send to the California Commission on Disability Access
a copy of any subsequent demand letter or amended complaint in
the same dispute following the initial demand letter or complaint,
unless that subsequent demand letter or amended complaint alleges
a new construction-related accessibility claim.

(e) A demand letter or notification of a case outcome sent to
the California Commission on Disability Access shall be for the
informational purposes of Section 8299.08 of the Government
Code. A demand letter received by the State Bar from the recipient
of the demand letter shall be reviewed by the State Bar to determine
whether subdivision (b) or (c) of Section 55.31 has been violated.

(f) (1) Notwithstanding Section 10231.5 of the Government
Code, on or before July 31, 2019, and annually thereafter, the State
Bar shall report to the Legislature and the Chairs of the Senate and
Assembly Judiciary Committees, both of the following with respect
to demand letters received by the State Bar:

(A) The number of investigations opened to date on a suspected
violation of subdivision (b) or (c) of Section 55.31.

(B) Whether any disciplinary action resulted from the
investigation, and the results of that disciplinary action.

(2) A report to be submitted pursuant to this subdivision shall
be submitted in compliance with Section 9795 of the Government
Code.

(g) The California Commission on Disability Access shall
review and report on the demand letters, complaints, and
notifications of case outcomes it receives as provided in Section
8299.08 of the Government Code.

(h) The expiration of any ground for discipline of an attorney
shall not affect the imposition of discipline for any act prior to the
expiration. An act or omission that constituted cause for imposition
of discipline of an attorney when committed or omitted prior to
January 1, 2019, shall continue to constitute cause for the
imposition of discipline of that attorney on and after January 1,
2019.

(i) Paragraph (2) of subdivision (a) and subdivision (b) shall
not apply to a demand letter or complaint sent or filed by an
attorney employed or retained by a qualified legal services project
or a qualified support center, as defined in Section 6213 of the
Business and Professions Code, when acting within the scope of
employment in asserting a construction-related accessibility claim.
The Legislature finds and declares that qualified legal services
projects and support centers are extensively regulated by the State
Bar of California, and that there is no evidence of any abusive use
of demand letters or complaints by these organizations. The
Legislature further finds that, in light of the evidence of the
extraordinarily small number of construction-related accessibility
cases brought by regulated legal services programs, and given the
resources of those programs, exempting regulated legal services
programs from the requirements of this section to report to the
California Commission on Disability Access will not affect the
purpose of the reporting to, and tabulation by, the commission of
all other construction-related accessibility claims.

(j) This section shall become operative on January 1, 2019.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 55.53 of the end insert begin insert Civil Code end insert begin insert is amended to read: end insert

55.53.  

(a) For purposes of this part, a certified access specialist
shall, upon completion of the inspection of a site, comply with the
following:

(1) For a meets applicable standards site, if the CASp determines
the site meets all applicable construction-related accessibility
standards, the CASp shall provide a written inspection report to
the requesting party that includes both of the following:

(A) An identification and description of the inspected structures
and areas of the site.

(B) A signed and dated statement that includes both of the
following:

(i) A statement that, in the opinion of the CASp, the inspected
structures and areas of the site meet construction-related
accessibility standards. The statement shall clearly indicate whether
the determination of the CASp includes an assessment of readily
achievable barrier removal.

(ii) If corrections were made as a result of the CASp inspection,
an itemized list of all corrections and dates of completion.

(2) For an inspected by a CASp site, if the CASp determines
that corrections are needed to the site in order for the site to meet
all applicable construction-related accessibility standards, the
CASp shall provide a signed and dated written inspection report
to the requesting party that includes all of the following:

(A) An identification and description of the inspected structures
and areas of the site.

begin insert

(B) The date of the inspection.

end insert begin delete

(B)

end delete

begin insert (C) end insert  A statement that, in the opinion of the CASp, the inspected
structures and areas of the site need correction to meet
construction-related accessibility standards. This statement shall
clearly indicate whether the determination of the CASp includes
an assessment of readily achievable barrier removal.

begin delete

(C)

end delete

begin insert (D) end insert  An identification and description of the structures or areas
of the site that need correction and the correction needed.

begin delete

(D)

end delete

begin insert (E) end insert  A schedule of completion for each of the corrections within
a reasonable timeframe.

begin insert

(3) The CASp shall provide, within 30 days of the date of the
inspection of a business that qualifies for the provisions of
subparagraph (A) of paragraph (3) of subdivision (g) of Section
55.56, a copy of a report prepared pursuant to that subparagraph
to the business.

end insert begin insert

(4) The CASp shall file, within 10 days of inspecting a business
pursuant to subparagraph (A) of paragraph (3) of subdivision (g)
of Section 55.56, a notice with the State Architect for listing on
the State Architect’s Internet Web site, as provided by subdivision
(d) of Section 4459.7 of the Government Code, indicating that the
CASp has inspected the business, the name and address of the
business, the date of the filing, the date of the inspection of the
business, the name and license number of the CASp, and a
description of the structure or area inspected by the CASp.

end insert begin insert

(5) The CASp shall post the notice described in paragraph (4),
in a form prescribed by the State Architect, in a conspicuous
location within five feet of all public entrances to the building on
the date of the inspection and instruct the business to keep it in
place until the earlier of either of the following:

end insert begin insert

(A) One hundred twenty days after the date of the inspection.

end insert begin insert

(B) The date when all of the construction-related violations in
the structure or area inspected by the CASp are corrected.

end insert

(b) For purposes of this section, in determining whether the site
meets applicable construction-related accessibility standards when
there is a conflict or difference between a state and federal
provision, standard, or regulation, the state provision, standard, or
regulation shall apply unless the federal provision, standard, or
regulation is more protective of accessibility rights.

(c) Every CASp who conducts an inspection of a place of public
accommodation shall, upon completing the inspection of the site,
provide the building owner or tenant who requested the inspection
with the following notice, which the State Architect shall make
available as a form on the State Architect’s Internet Web site:

NOTICE TO PRIVATE PROPERTY OWNER/TENANT:

YOU ARE ADVISED TO KEEP IN YOUR RECORDS ANY
WRITTEN INSPECTION REPORT AND ANY OTHER
DOCUMENTATION CONCERNING YOUR PROPERTY SITE
THAT IS GIVEN TO YOU BY A CERTIFIED ACCESS
SPECIALIST.

IF YOU BECOME A DEFENDANT IN A LAWSUIT THAT
INCLUDES A CLAIM CONCERNING A SITE INSPECTED
BY A CERTIFIED ACCESS SPECIALIST, YOU MAY BE
ENTITLED TO A COURT STAY (AN ORDER TEMPORARILY
STOPPING ANY LAWSUIT) OF THE CLAIM AND AN EARLY
EVALUATION CONFERENCE.

IN ORDER TO REQUEST THE STAY AND EARLY
EVALUATION CONFERENCE, YOU WILL NEED TO VERIFY
THAT A CERTIFIED ACCESS SPECIALIST HAS INSPECTED
THE SITE THAT IS THE SUBJECT OF THE CLAIM. YOU
WILL ALSO BE REQUIRED TO PROVIDE THE COURT AND
THE PLAINTIFF WITH THE COPY OF A WRITTEN
INSPECTION REPORT BY THE CERTIFIED ACCESS
SPECIALIST, AS SET FORTH IN CIVIL CODE SECTION
55.54. THE APPLICATION FORM AND INFORMATION ON
HOW TO REQUEST A STAY AND EARLY EVALUATION
CONFERENCE MAY BE OBTAINED AT
www.courts.ca.gov/selfhelp-start.htm.

YOU ARE ENTITLED TO REQUEST, FROM A CERTIFIED
ACCESS SPECIALIST WHO HAS CONDUCTED AN
INSPECTION OF YOUR PROPERTY, A WRITTEN
INSPECTION REPORT AND OTHER DOCUMENTATION AS
SET FORTH IN CIVIL CODE SECTION 55.53. YOU ARE ALSO
ENTITLED TO REQUEST THE ISSUANCE OF A DISABILITY
ACCESS INSPECTION CERTIFICATE, WHICH YOU MAY
POST ON YOUR PROPERTY.

(d) (1) Commencing July 1, 2010, a local agency shall employ
or retain at least one building inspector who is a certified access
specialist. The certified access specialist shall provide consultation
to the local agency, permit applicants, and members of the public
on compliance with state construction-related accessibility
standards with respect to inspections of a place of public
accommodation that relate to permitting, plan checks, or new
construction, including, but not limited to, inspections relating to
tenant improvements that may impact access. If a local agency
employs or retains two or more certified access specialists to
comply with this subdivision, at least one-half of the certified
access specialists shall be building inspectors who are certified
access specialists.

(2) Commencing January 1, 2014, a local agency shall employ
or retain a sufficient number of building inspectors who are
certified access specialists to conduct permitting and plan check
services to review for compliance with state construction-related
accessibility standards by a place of public accommodation with
respect to new construction, including, but not limited to, projects
relating to tenant improvements that may impact access. If a local
agency employs or retains two or more certified access specialists
to comply with this subdivision, at least one-half of the certified
access specialists shall be building inspectors who are certified
access specialists.

(3) If a permit applicant or member of the public requests
consultation from a certified access specialist, the local agency
may charge an amount limited to a reasonable hourly rate, an
estimate of which shall be provided upon request in advance of
the consultation. A local government may additionally charge or
increase permitting, plan check, or inspection fees to the extent
necessary to offset the costs of complying with this subdivision.
Any revenues generated from an hourly or other charge or fee
increase under this subdivision shall be used solely to offset the
costs incurred to comply with this subdivision. A CASp inspection
pursuant to subdivision (a) by a building inspector who is a
certified access specialist shall be treated equally for legal and
evidentiary purposes as an inspection conducted by a private CASp.
Nothing in this subdivision shall preclude permit applicants or any
other person with a legal interest in the property from retaining a
private CASp at any time.

(e) (1) Every CASp who completes an inspection of a place of
public accommodation shall, upon a determination that the site
meets applicable standards pursuant to paragraph (1) of subdivision
(a) or is inspected by a CASp pursuant to paragraph (2) of
subdivision (a), provide the building owner or tenant requesting
the inspection with a numbered disability access inspection
certificate indicating that the site has undergone inspection by a
certified access specialist. The disability access inspection
certificate shall be dated and signed by the CASp inspector, and
shall contain the inspector’s name and license number. Upon
issuance of a certificate, the CASp shall record the issuance of the
numbered certificate, the name and address of the recipient, and
the type of report issued pursuant to subdivision (a) in a record
book the CASp shall maintain for that purpose.

(2) Beginning March 1, 2009, the State Architect shall make
available for purchase by any local building department or CASp
sequentially numbered disability access inspection certificates that
are printed with a watermark or other feature to deter forgery and
that comply with the information requirements specified in
subdivision (a).

(3) The disability access inspection certificate may be posted
on the premises of the place of public accommodation, unless,
following the date of inspection, the inspected site has been
modified or construction has commenced to modify the inspected
site in a way that may impact compliance with construction-related
accessibility standards.

(f) Nothing in this section or any other law is intended to require
a property owner or tenant to hire a CASp. A property owner’s or
tenant’s election not to hire a CASp shall not be admissible to
prove that person’s lack of intent to comply with the law.

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 55.56 of the end insert begin insert Civil Code end insert begin insert is amended to read: end insert

55.56.  

(a) Statutory damages under either subdivision (a) of
Section 52 or subdivision (a) of Section 54.3 may be recovered in
a construction-related accessibility claim against a place of public
accommodation only if a violation or violations of one or more
construction-related accessibility standards denied the plaintiff
full and equal access to the place of public accommodation on a
particular occasion.

(b) A plaintiff is denied full and equal access only if the plaintiff
personally encountered the violation on a particular occasion, or
the plaintiff was deterred from accessing a place of public
accommodation on a particular occasion.

(c) A violation personally encountered by a plaintiff may be
sufficient to cause a denial of full and equal access if the plaintiff
experienced difficulty, discomfort, or embarrassment because of
the violation.

(d) A plaintiff demonstrates that he or she was deterred from
accessing a place of public accommodation on a particular occasion
only if both of the following apply:

(1) The plaintiff had actual knowledge of a violation or
violations that prevented or reasonably dissuaded the plaintiff from
accessing a place of public accommodation that the plaintiff
intended to use on a particular occasion.

(2) The violation or violations would have actually denied the
plaintiff full and equal access if the plaintiff had accessed the place
of public accommodation on that particular occasion.

begin insert

(e) (1) The following technical violations are presumed to not
cause a person difficulty, discomfort, or embarrassment for the
purpose of an award of minimum statutory damages in a
construction-related accessibility claim, as set forth in subdivision
(c), where the defendant is a small business, as described by
subparagraph (B) of paragraph (2) of subdivision (g), the
defendant has corrected, within 15 days of the service of a
summons and complaint asserting a construction-related
accessibility claim or receipt of a written notice, whichever is
earlier, all of the technical violations that are the basis of the
claim, and the claim is based on one or more of the following
violations:

end insert begin insert

(A) Interior signs, other than directional signs or signs that
identify the location of accessible elements, facilities, or features,
when not all such elements, facilities, or features are accessible.

end insert begin insert

(B) The lack of exterior signs, other than parking signs and
directional signs, including signs that indicate the location of
accessible pathways or entrance and exit doors when not all
pathways, entrance and exit doors are accessible.

end insert begin insert

(C) The order in which parking signs are placed or the exact
location or wording of parking signs, provided that the parking
signs are clearly visible and indicate the location of accessible
parking and van-accessible parking.

end insert begin insert

(D) The color of parking signs, provided that the color of the
background contrasts with the color of the information on the sign.

end insert begin insert

(E) The color of parking lot striping, provided that it exists and
provides sufficient contrast with the surface upon which it is
applied to be reasonably visible.

end insert begin insert

(F) Faded, chipped, damaged, or deteriorated paint in otherwise
fully compliant parking spaces and passenger access aisles in
parking lots, provided that it indicates the required dimensions of
a parking space or access aisle in a manner that is reasonably
visible.

end insert begin insert

(G) The presence or condition of detectable warning surfaces
on ramps, except where the ramp is part of a pedestrian path of
travel that intersects with a vehicular lane or other hazardous
area.

end insert begin insert

(2) The presumption set forth in paragraph (1) affects the
plaintiff’s burden of proof and is rebuttable by evidence showing,
by a preponderance of the evidence, that the plaintiff did, in fact,
experience difficulty, discomfort, or embarrassment on the
particular occasion as a result of one or more of the technical
violations listed in paragraph (1).

end insert begin delete

(e)

end delete

begin insert (f) end insert  Statutory damages may be assessed pursuant to subdivision
(a) based on each particular occasion that the plaintiff was denied
full and equal access, and not upon the number of violations of
construction-related accessibility standards identified at the place
of public accommodation where the denial of full and equal access
occurred. If the place of public accommodation consists of distinct
facilities that offer distinct services, statutory damages may be
assessed based on each denial of full and equal access to the distinct
facility, and not upon the number of violations of
construction-related accessibility standards identified at the place
of public accommodation where the denial of full and equal access
occurred.

begin delete

(f)

end delete

begin insert (g) end insert  (1) Notwithstanding any other law, a defendant’s liability
for statutory damages in a construction-related accessibility claim
against a place of public accommodation is reduced to a minimum
of one thousand dollars ($1,000) for each offense if the defendant
demonstrates that it has corrected all construction-related violations
that are the basis of a claim within 60 days of being served with
the complaint, and the defendant demonstrates any of the following:

(A) The structure or area of the alleged violation was determined
to be “CASp-inspected” or “meets applicable standards” and, to
the best of the defendant’s knowledge, there were no modifications
or alterations that impacted compliance with construction-related
accessibility standards with respect to the plaintiff’s claim that
were completed or commenced between the date of that
determination and the particular occasion on which the plaintiff
was allegedly denied full and equal access.

(B) The structure or area of the alleged violation was the subject
of an inspection report indicating “CASp determination pending”
or “Inspected by a CASp,” and the defendant has either
implemented reasonable measures to correct the alleged violation
before the particular occasion on which the plaintiff was allegedly
denied full and equal access, or the defendant was in the process
of correcting the alleged violation within a reasonable time and
manner before the particular occasion on which the plaintiff was
allegedly denied full and equal access.

(C) For a claim alleging a construction-related accessibility
violation filed before January 1, 2018, the structure or area of the
alleged violation was a new construction or an improvement that
was approved by, and passed inspection by, the local building
department permit and inspection process on or after January 1,
2008, and before January 1, 2016, and, to the best of the
defendant’s knowledge, there were no modifications or alterations
that impacted compliance with respect to the plaintiff’s claim that
were completed or commenced between the completion date of
the new construction or improvement and the particular occasion
on which the plaintiff was allegedly denied full and equal access.

(D) The structure or area of the alleged violation was new
construction or an improvement that was approved by, and passed
inspection by, a local building department official who is a certified
access specialist, and, to the best of the defendant’s knowledge,
there were no modifications or alterations that affected compliance
with respect to the plaintiff’s claim that were completed or
commenced between the completion date of the new construction
or improvement and the particular occasion on which the plaintiff
was allegedly denied full and equal access.

(2) Notwithstanding any other law, a defendant’s liability for
statutory damages in a construction-related accessibility claim
against a place of public accommodation is reduced to a minimum
of two thousand dollars ($2,000) for each offense if the defendant
demonstrates both of the following:

(A) The defendant has corrected all construction-related
violations that are the basis of a claim within 30 days of being
served with the complaint.

(B) The defendant is a small business that has employed 25 or
fewer employees on average over the past three years, or for the
years it has been in existence if less than three years, as evidenced
by wage report forms filed with the Economic Development
Department, and has average annual gross receipts of less than
three million five hundred thousand dollars ($3,500,000) over the
previous three years, or for the years it has been in existence if
less than three years, as evidenced by federal or state income tax
returns. The average annual gross receipts dollar amount shall be
adjusted biannually by the Department of General Services for
changes in the California Consumer Price Index for All Urban
Consumers, as compiled by the Department of Industrial Relations.
The Department of General Services shall post that adjusted
amount on its Internet Web site.

begin insert

(3) (A) Notwithstanding any other law, a defendant shall not
be liable for minimum statutory damages in a construction-related
accessibility claim, with respect to a violation noted in a report
by a certified access specialist (CASp), for a period of 120 days
following the date of the inspection if the defendant demonstrates
compliance with each of the following:

end insert begin insert

(i) The defendant is a business that has employed 100 or fewer
employees on average over the past three years, or for the years
it has been in existence if less than three years, as evidenced by
wage report forms filed with the Employment Development
Department.

end insert begin insert

(ii) The structure or area of the alleged violation was the subject
of an inspection report indicating “CASp determination pending”
or “Inspected by a CASp.”

end insert begin insert

(iii) The inspection predates the filing of the claim by, or receipt
of a demand letter from, the plaintiff regarding the alleged
violation of a construction-related accessibility standard, and the
defendant was not on notice of the alleged violation prior to the
CASp inspection.

end insert begin insert

(iv) The defendant has corrected, within 120 days of the date
of the inspection, all construction-related violations in the structure
or area inspected by the CASp that are noted in the CASp report
that are the basis of the claim.

end insert begin insert

(B) Notwithstanding any other law, a defendant who claims the
benefit of the reduction of minimum statutory damages under this
subdivision shall disclose the date and findings of any CASp
inspection to a plaintiff if relevant to a claim or defense in an
action.

end insert begin insert

(4) A defendant may assert the reduction of minimum statutory
damages under this subdivision only once for each structure or
area inspected by a CASp, unless the inspected structure or area
has undergone modifications or alterations that affect the
compliance with construction-related accessibility standards of
those structures or areas after the date of the last inspection, and
the defendant obtains an additional CASp inspection within 30
days of final approval by the building department or certificate of
occupancy, as appropriate, regarding the modification or
alterations.

end insert begin insert

(5) If the defendant has failed to correct, within 120 days of the
date of the inspection, all construction-related violations in the
structure or area inspected by the CASp that are noted in the CASp
report, the defendant shall not receive any reduction of minimum
statutory damages, unless a building permit is required for the
repairs which cannot reasonably be completed by the defendant
within 120 days and the defendant is in the process of correcting
the violations noted in the CASp report, as evidenced by having,
at least, an active building permit necessary for the repairs to
correct the violation that was noted, but not corrected, in the CASp
report and all of the repairs are completed within 180 days of the
date of the inspection.

end insert begin delete

(3)

end delete

begin insert (6) end insert  This subdivision shall not be applicable to intentional
violations.

begin delete

(4)

end delete

begin insert (7) end insert  Nothing in this subdivision affects the awarding of actual
damages, or affects the awarding of treble actual damages.

begin delete

(5)

end delete

begin insert (8) end insert  This subdivision shall apply only to claims filed on or after
the effective date of begin delete Senate Bill 1186 of the 2011-12 Regular
Session of the Legislature. end delete begin insert Chapter 383 of the Statutes of 2012,
except for paragraphs (3), (4), and (5), which shall apply to claims
filed on or after January 1, 2017. end insert Nothing in this subdivision is
intended to affect a complaint filed before that date.

begin delete

(g)

end delete

begin insert (h) end insert  This section does not alter the applicable law for the
awarding of injunctive or other equitable relief for a violation or
violations of one or more construction-related accessibility
standards, nor alter any legal obligation of a party to mitigate
damages.

begin delete

(h)

end delete

begin insert (i) end insert  In assessing liability under subdivision (d), in an action
alleging multiple claims for the same construction-related
accessibility violation on different particular occasions, the court
shall consider the reasonableness of the plaintiff’s conduct in light
of the plaintiff’s obligation, if any, to mitigate damages.

begin insert

(j) For purposes of this section, the “structure or area
inspected” means one of the following: the interior of the premises,
the exterior of the premises, or both the interior and exterior.

end insert

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 4459.7 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

4459.7.  

(a)  begin insert (1) end insert begin insert   end insert No later than October 31 of each year, the
State Architect shall publish and make available to the public a
list of certified access specialists who have met the requirements
of Section 4459.5. begin delete This list shall include a written disclaimer of
liability as specified in subdivision (b). end delete

begin insert

(2) The State Architect shall publish and regularly update on
its Internet Web site easily accessible lists of all of the following:

end insert begin insert

(A) Businesses that have obtained a CASp inspection and have
filed, or a CASp has filed on their behalf, a notice pursuant to
paragraph (4) of subdivision (a) of Section 55.53 of the Civil Code.

end insert begin insert

(B) Businesses which have been inspected by a certified access
specialist on or after January 1, 2017, including the date of the
inspection.

end insert begin insert

(3) The lists required pursuant to this section shall include a
written disclaimer of liability as specified in subdivision (b).

end insert

(b) Notwithstanding any other provision of law, a state agency
or employee of a state agency may not be held liable for any injury
or damages resulting from any service provided by a certified
access specialist whose name appears on the list published pursuant
to subdivision (a).

(c) The State Architect may perform periodic audits of work
performed by a certified access specialist as deemed necessary to
ensure the desired standard of performance. A certified access
specialist shall provide an authorized representative of the State
Architect with complete access, at any reasonable hour of the day,
to all technical data, reports, records, photographs, design outlines
and plans, and files used in building inspection and plan review,
with the exception of proprietary and confidential information.

begin insert

(d) By January 1, 2017, the State Architect shall develop a
process by which a certified access specialist (CASp) may notify
the State Architect that a structure or area on the premises of a
business has been inspected by a CASp and to notify the public
that the business has a “CASp determination pending,” or has
been “Inspected by a CASp,” as provided by paragraph (3) of
subdivision (g) of Section 55.56 of the Civil Code, which shall
include the name and address of the business, the date of the
notification, the date of the inspection of the business, the name
and license number of the CASp, and a description of the structure
or area inspected by a CASp.

end insert begin insert

(e) By January 1, 2017, the State Architect shall develop a form
for a business to notify the public that the business has obtained
a CASp inspection pursuant to paragraph (3) of subdivision (g)
of Section 55.56 of the Civil Code, which shall include the date of
the notification, the date of the inspection, and a description of
the structure or area inspected by a CASp.

end insert begin insert

(f) For purposes of this section, the “structure or area
inspected” means one of the following: the interior of the premises,
the exterior of the premises, or both the interior and exterior.

end insert

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 4459.8 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

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 begin delete pay end delete begin insert do both of the
following: end insert

begin insert (A) end insert begin insert   end insert begin insert Pay end insert 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. begin delete The end delete

begin insert

(B) Provide to the State Architect the name of the city, county,
or city and county in which the applicant intends to provide
services.

end insert

begin insert (2) end insert begin insert   end insert begin insert The end insert State Architect shall require each applicant for renewal
of certification to begin delete pay end delete begin insert do both of the following: end insert

begin insert (A) end insert begin insert   end insert begin insert Pay end insert a fee sufficient to cover the reasonable costs of
reassessing qualifications of renewal applicants.

begin insert

(B) Provide to the State Architect the name of the city, county,
or city and county in which the applicant has provided services
since the last day of certification by the State Architect.

end insert begin delete

(2)

end delete

begin insert (3) end insert  The State Architect shall periodically review begin delete its end delete begin insert his or her end insert
schedule of fees to ensure that begin delete its end delete begin insert the end insert 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.

begin insert

(d) The State Architect shall post on his or her Internet Web
site the name of the city, county, or city and county in which each
certified access specialist provides or intends to provide services.

end insert

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 8299.06 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

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 begin insert the following end insert on its Internet Web
begin delete site educational end delete begin insert site: end insert

begin insert (1) end insert begin insert   end insert begin insert Educational end insert 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.

begin insert

(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.

end insert

(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 begin delete complete. end delete begin insert complete, and make its educational
materials and information available to those agencies and
departments. end insert

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 65941.6 is added to the end insert begin insert Government Code end insert begin insert , to
read: end insert

begin insert

begin insert 65941.6. end insert   

(a) Each local agency shall develop materials
relating to the requirements of the federal Americans with
Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.). The local
agency shall provide these materials to an applicant along with
notice that approval of a permit does not signify that the applicant
has complied with the federal Americans with Disabilities Act of
1990.

(b) For the purposes of complying with the requirements of
subdivision (a), a local agency may, in lieu of developing its own
materials, provide applicants with those materials which the
California Commission on Disability Access has developed and
made available pursuant to Section 8299.06.

end insert

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert Article 4 (commencing with Section 65946) is added
to Chapter 4.5 of Division 1 of Title 7 of the end insert begin insert Government Code end insert begin insert ,
to read: end insert

begin insert

 

Article begin insert 4. end insert   Expedited Review

 

begin insert 65946. end insert   

(a) For the purposes of this section, the following
definitions shall apply:

(1) “Certified access specialist” or “CASp” means any person
who has been certified pursuant to Section 4459.5.

(2) “Construction-related accessibility standard” means a
provision, standard, or regulation under state or federal law
requiring compliance with standards for making new construction
and existing facilities accessible to persons with disabilities,
including, but not limited to, any provision, standard, or regulation
set forth in Section 51, 54, 54.1, or 55 of the Civil Code, Section
19955.5 of the Health and Safety Code, the California Building
Standards Code (Title 24 of the California Code of Regulations),
the federal Americans with Disabilities Act of 1990 (Public Law
101-336; 42 U.S.C. Sec. 12101 et seq.), and the federal Americans
with Disabilities Act Accessibility Guidelines (Appendix A to Part
36 of Title 28 of the Code of Federal Regulations).

(3) “Written inspection report” means the CASp report required
to be provided pursuant to subdivision (a) of Section 55.53 of the
Civil Code.

(b) A local agency shall expedite review of a project application
if the project applicant meets all of the following conditions:

(1) The applicant provides a copy of a disability access
inspection certificate, provided by a CASp pursuant to subdivision
(e) of Section 55.53 of the Civil Code, pertaining to the site of the
proposed project.

(2) The applicant demonstrates that the proposed project is
necessary to address either an alleged violation of a
construction-related accessibility standard or a violation noted in
a written inspection report.

(3) If project plans are necessary for the approval of a project,
the applicant has had a CASp review the project plans for
compliance with all applicable construction-related accessibility
standards.

end insert

begin insert

begin insert SEC. 10. end insert   

end insert begin insert

The Legislature finds and declares that Sections 8
and 9 of this act, pertaining to the review and approval of
development permit applications, constitute matters of statewide
concern, and shall apply to charter cities and charter counties.
These sections shall supersede any inconsistent provisions in the
charter of any city, county, or city and county.

end insert

begin insert

begin insert SEC. 11. end insert   

end insert begin insert

No reimbursement is required by this act pursuant
to Section 6 of Article XIII B of the California Constitution for
certain costs because a local agency or school district has the
authority to levy service charges, fees, or assessments sufficient
to pay for the program or level of service mandated by this act,
within the meaning of Section 17556 of the Government Code.

end insert