Amended in Assembly January 13, 2016

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 BillNo. 54


Introduced by Assembly Member Olsen

(Principal coauthor: Assembly Member Gray)

begin delete

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

end delete

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

begin delete(Coauthors: Senators Anderson, Fuller, Gaines, Huff, Nielsen, Stone, and Vidak)end deletebegin insert(Coauthor: Senator Nielsen)end insert

December 1, 2014


An act to amendbegin delete Sections 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,end deletebegin insert Section 55.32 of the Civil Code,end insert relating to disability access.

LEGISLATIVE COUNSEL’S DIGEST

AB 54, as amended, Olsen. Disabilitybegin delete access.end deletebegin insert access: construction-related accessibility claims: demand letters.end insert

begin delete

(1) Existing

end delete

begin insertExistingend insert 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.

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.

begin delete

(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 delete
begin delete

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

end delete
begin delete

(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 delete
begin delete

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 delete
begin delete

(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 delete
begin delete

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 delete
begin delete

(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 delete
begin delete

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 delete
begin delete

(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 delete
begin delete

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 delete
begin delete

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 delete
begin delete

(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 delete
begin delete

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

end delete

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

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

begin delete
P4    1

SECTION 1.  

(a) The Legislature finds and declares that the
2federal Americans with Disabilities Act of 1990 (ADA) is a
3well-intentioned law empowering private citizens to bring claims
4against businesses that do not make their establishments accessible
5to those with disabilities. However, a large number of businesses
6in California are out of compliance with the ADA.

7(b) The Legislature further finds and declares all of the
8following:

9(1) Current law permits defendants to request a court stay and
10an early evaluation conference upon being served with a
11construction-related accessibility claim if, among other things, the
12site in question had new construction approved by a local public
13building department inspector who is a certified access specialist
14(CASp), no subsequent modifications or alterations have been
15made, and all violations are corrected within 60 days.

P5    1(2) The purpose of this act is to promote increased compliance
2with disabled accessibility building codes throughout the state by
3encouraging business and property owners to become CASp
4certified. Using the relief provided by this act, business and
5property owners will be more likely to obtain a CASp inspection
6whenever modifying or altering a site.

end delete
7begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 55.32 of the end insertbegin insertCivil Codeend insertbegin insert, as amended by
8Section 2 of Chapter 755 of the Statutes of 2015, is amended to
9read:end insert

10

55.32.  

(a) An attorney who provides a demand letter, as defined
11in subdivision (a) of Section 55.3, shall do all of the following:

12(1) Include the attorney’s State Bar license number in the
13demand letter.

14(2) Contemporaneously with providing the demand letter, send
15a copy of the demand letter to the State Bar of California by
16facsimile transmission at 1-415-538-2171, or by mail to 180
17Howard Street, San Francisco, CA, 94105, Attention: Professional
18Competence.

19(3) Within five business days of providing the demand letter,
20send a copy of the demandbegin delete letter toend deletebegin insert letter, and submit information
21about the demand letter in a standard format specified byend insert
the
22California Commission on Disabilitybegin delete Access.end deletebegin insert Access,end insertbegin insert to the
23commission.end insert

24(b) An attorney who sends or serves a complaint, as defined in
25subdivision (a) of Section 55.3, shall do both of the following:

26(1) Send a copy of the complaintbegin delete toend deletebegin insert and submit information
27about the complaint in a standard format specified byend insert
the California
28Commission on Disability Accessbegin insert to the commissionend insert within five
29business days of sending or serving the complaint.

30(2) Notify the California Commission on Disability Access
31within five business days of judgment, settlement, or dismissal of
32the claim or claims alleged in the complaint of the following
33information in a standard format specified by the commission:

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

35(B) Whether or not the construction-related accessibility
36violations alleged in the complaint were remedied in whole or in
37part after the plaintiff filed a complaint or provided a demand
38letter, as defined by Section 55.3.

39(C) If the construction-related accessibility violations alleged
40in the complaint were not remedied in whole or in part after the
P6    1plaintiff filed a complaint or provided a demand letter, as defined
2by Section 55.3, whether or not another favorable result was
3achieved after the plaintiff filed the complaint or provided the
4demand letter.

5(D) Whether or not the defendant submitted an application for
6an early evaluation conference and stay pursuant to Section 55.54,
7whether the defendant requested a site inspection, the date of any
8early evaluation conference, and the date of any site inspection.

9(c) A violation of paragraph (2) or (3) of subdivision (a) or
10subdivision (b) shall constitute cause for the imposition of
11discipline of an attorney where a copy of the complaint, demand
12letter, or notification of a case outcome is not sent to the California
13Commission on Disability Access within five business days, or a
14copy of the demand letter is not sent to the State Bar within five
15business days. In the event the State Bar receives information
16indicating that an attorney has failed to send a copy of the
17complaint, demand letter, or notification of a case outcome to the
18California Commission on Disability Access within five business
19days, the State Bar shall investigate to determine whether paragraph
20(3) of subdivision (a) or subdivision (b) has been violated.

21(d) Notwithstanding subdivisions (a) and (b), an attorney is not
22required to send to the State Bar of California or the California
23Commission on Disability Access a copy of any subsequent
24demand letter or amended complaint in the same dispute following
25the initial demand letter or complaint, unless that subsequent
26demand letter or amended complaint alleges a new
27construction-related accessibility claim.

28(e) A demand letter, complaint, or notification of a case outcome
29sent to the California Commission on Disability Access shall be
30for the informational purposes of Section 8299.08 of the
31Government Code. A demand letter received by the State Bar from
32either the sender or recipient of the demand letter shall be reviewed
33by the State Bar to determine whether subdivision (b) or (c) of
34Section 55.31 has been violated.

35(f) (1) Commencing July 31, 2013, and annually each July 31
36thereafter, the State Bar shall report to the Legislature and the
37Chairs of the Senate and Assembly Committees on Judiciary, both
38of the following with respect to demand letters received by the
39State Bar:

P7    1(A) The number of investigations opened to date on a suspected
2violation of subdivision (b) or (c) of Section 55.31.

3(B) Whether any disciplinary action resulted from the
4investigation, and the results of that disciplinary action.

5(2) A report to be submitted pursuant to this subdivision shall
6be submitted in compliance with Section 9795 of the Government
7Code.

8(g) The California Commission on Disability Access shall
9review and report on the demand letters, complaints, and
10notifications of case outcomes it receives as provided in Section
118299.08 of the Government Code.

12(h) Paragraphs (2) and (3) of subdivision (a) and subdivision
13(b) shall not apply to a demand letter or complaint sent or filed by
14an attorney employed or retained by a qualified legal services
15project or a qualified support center, as defined in Section 6213
16of the Business and Professions Code, when acting within the
17scope of employment in asserting a construction-related
18accessibility claim. The Legislature finds and declares that qualified
19legal services projects and support centers are extensively regulated
20by the State Bar of California, and that there is no evidence of any
21abusive use of demand letters or complaints by these organizations.
22The Legislature further finds that, in light of the evidence of the
23extraordinarily small number of construction-related accessibility
24cases brought by regulated legal services programs, and given the
25resources of those programs, exempting regulated legal services
26programs from the requirements of this section to report to the
27California Commission on Disability Access will not affect the
28purpose of the reporting to, and tabulation by, the commission of
29all other construction-related accessibility claims.

30(i) This section shall become operative on January 1, 2013.

31(j) This section shall remain in effect only until January 1, 2019,
32and as of that date is repealed.

33

SEC. 2.  

Section 55.32 of the Civil Code, as amended by Section
343 of Chapter 755 of the Statutes of 2015, is amended to read:

35

55.32.  

(a) An attorney who provides a demand letter, as defined
36in subdivision (a) of Section 55.3, shall do all of the following:

37(1) Include the attorney’s State Bar license number in the
38demand letter.

39(2) Within five business days of providing the demand letter,
40send a copy of the demand letter, and submit information about
P8    1the demand letter in a standard format specified by the California
2Commission on Disability Access, to the commission.

3(b) An attorney who sends or serves a complaint, as defined in
4subdivision (a) of Section 55.3, shall do both of the following:

5(1) Send a copy of the complaint and submit information about
6the complaint in a standard format specified by the California
7Commission on Disability Access to the commission within five
8business days of sending or serving the complaint.

9(2) Notify the California Commission on Disability Access
10within five business days of judgment, settlement, or dismissal of
11the claim or claims alleged in the complaint of the following
12information in a standard format specified by the commission:

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

14(B) Whether or not the construction-related accessibility
15violations alleged in the complaint were remedied in whole or in
16part after the plaintiff filed a complaint or provided a demand
17letter, as defined by Section 55.3.

18(C) If the construction-related accessibility violations alleged
19in the complaint were not remedied in whole or in part after the
20plaintiff filed a complaint or provided a demand letter, as defined
21by Section 55.3, whether or not another favorable result was
22achieved after the plaintiff filed the complaint or provided the
23demand letter.

24(D) Whether or not the defendant submitted an application for
25an early evaluation conference and stay pursuant to Section 55.54,
26whether the defendant requested a site inspection, the date of any
27early evaluation conference, and the date of any site inspection.

28(c) A violation of paragraph (2) of subdivision (a) or subdivision
29(b) shall constitute cause for the imposition of discipline of an
30attorney if a copy of the demand letter, complaint, or notification
31of a case outcome is not sent to the California Commission on
32Disability Access within five business days. In the event the State
33Bar receives information indicating that an attorney has failed to
34send a copy of the demand letter, complaint, or notification of a
35case outcome to the California Commission on Disability Access
36within five business days, the State Bar shall investigate to
37determine whether paragraph (2) of subdivision (a) or subdivision
38(b) has been violated.

39(d) Notwithstanding subdivisions (a) and (b), an attorney is not
40required to send to the California Commission on Disability Access
P9    1a copy of any subsequent demand letter or amended complaint in
2the same dispute following the initial demand letter or complaint,
3unless that subsequent demand letter or amended complaint alleges
4a new construction-related accessibility claim.

5(e) A demand letter or notification of a case outcome sent to
6the California Commission on Disability Access shall be for the
7informational purposes of Section 8299.08 of the Government
8Code. A demand letter received by the State Bar from the recipient
9of the demand letter shall be reviewed by the State Bar to determine
10whether subdivision (b) or (c) of Section 55.31 has been violated.

11(f) (1) Notwithstanding Section 10231.5 of the Government
12Code, on or before July 31, 2019, and annually thereafter, the State
13Bar shall report to the Legislature and the Chairs of the Senate and
14Assembly Judiciary Committees, both of the following with respect
15to demand letters received by the State Bar:

16(A) The number of investigations opened to date on a suspected
17violation of subdivision (b) or (c) of Section 55.31.

18(B) Whether any disciplinary action resulted from the
19investigation, and the results of that disciplinary action.

20(2) A report to be submitted pursuant to this subdivision shall
21be submitted in compliance with Section 9795 of the Government
22Code.

23(g) The California Commission on Disability Access shall
24review and report on the demand letters, complaints, and
25notifications of case outcomes it receives as provided in Section
268299.08 of the Government Code.

27(h) The expiration of any ground for discipline of an attorney
28shall not affect the imposition of discipline for any act prior to the
29expiration. An act or omission that constituted cause for imposition
30of discipline of an attorney when committed or omitted prior to
31January 1, 2019, shall continue to constitute cause for the
32imposition of discipline of that attorney on and after January 1,
332019.

34(i) Paragraph (2) of subdivision (a) and subdivision (b) shall
35not apply to a demand letter or complaint sent or filed by an
36attorney employed or retained by a qualified legal services project
37or a qualified support center, as defined in Section 6213 of the
38Business and Professions Code, when acting within the scope of
39employment in asserting a construction-related accessibility claim.
40The Legislature finds and declares that qualified legal services
P10   1projects and support centers are extensively regulated by the State
2Bar of California, and that there is no evidence of any abusive use
3of demand letters or complaints by these organizations. The
4Legislature further finds that, in light of the evidence of the
5extraordinarily small number of construction-related accessibility
6cases brought by regulated legal services programs, and given the
7resources of those programs, exempting regulated legal services
8programs from the requirements of this section to report to the
9California Commission on Disability Access will not affect the
10purpose of the reporting to, and tabulation by, the commission of
11all other construction-related accessibility claims.

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

begin delete
13

SEC. 3.  

Section 55.53 of the Civil Code is amended to read:

14

55.53.  

(a) For purposes of this part, a certified access specialist
15shall, upon completion of the inspection of a site, comply with the
16following:

17(1) For a meets applicable standards site, if the CASp determines
18the site meets all applicable construction-related accessibility
19standards, the CASp shall provide a written inspection report to
20the requesting party that includes both of the following:

21(A) An identification and description of the inspected structures
22and areas of the site.

23(B) A signed and dated statement that includes both of the
24following:

25(i) A statement that, in the opinion of the CASp, the inspected
26structures and areas of the site meet construction-related
27accessibility standards. The statement shall clearly indicate whether
28the determination of the CASp includes an assessment of readily
29achievable barrier removal.

30(ii) If corrections were made as a result of the CASp inspection,
31an itemized list of all corrections and dates of completion.

32(2) For an inspected by a CASp site, if the CASp determines
33that corrections are needed to the site in order for the site to meet
34all applicable construction-related accessibility standards, the
35CASp shall provide a signed and dated written inspection report
36to the requesting party that includes all of the following:

37(A) An identification and description of the inspected structures
38and areas of the site.

39(B) The date of the inspection.

P11   1(C) A statement that, in the opinion of the CASp, the inspected
2structures and areas of the site need correction to meet
3construction-related accessibility standards. This statement shall
4clearly indicate whether the determination of the CASp includes
5an assessment of readily achievable barrier removal.

6(D) An identification and description of the structures or areas
7of the site that need correction and the correction needed.

8(E) A schedule of completion for each of the corrections within
9a reasonable timeframe.

10(3) The CASp shall provide, within 30 days of the date of the
11inspection of a business that qualifies for the provisions of
12subparagraph (A) of paragraph (3) of subdivision (g) of Section
1355.56, a copy of a report prepared pursuant to that subparagraph
14to the business.

15(4) The CASp shall file, within 10 days of inspecting a business
16pursuant to subparagraph (A) of paragraph (3) of subdivision (g)
17of Section 55.56, a notice with the State Architect for listing on
18the State Architect’s Internet Web site, as provided by subdivision
19(d) of Section 4459.7 of the Government Code, indicating that the
20CASp has inspected the business, the name and address of the
21business, the date of the filing, the date of the inspection of the
22business, the name and license number of the CASp, and a
23description of the structure or area inspected by the CASp.

24(5) The CASp shall post the notice described in paragraph (4),
25in a form prescribed by the State Architect, in a conspicuous
26location within five feet of all public entrances to the building on
27the date of the inspection and instruct the business to keep it in
28place until the earlier of either of the following:

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

30(B) The date when all of the construction-related violations in
31the structure or area inspected by the CASp are corrected.

32(b) For purposes of this section, in determining whether the site
33meets applicable construction-related accessibility standards when
34there is a conflict or difference between a state and federal
35provision, standard, or regulation, the state provision, standard, or
36regulation shall apply unless the federal provision, standard, or
37regulation is more protective of accessibility rights.

38(c) Every CASp who conducts an inspection of a place of public
39accommodation shall, upon completing the inspection of the site,
40provide the building owner or tenant who requested the inspection
P12   1with the following notice, which the State Architect shall make
2available as a form on the State Architect’s Internet Web site:

34NOTICE TO PRIVATE PROPERTY OWNER/TENANT:
5

6YOU ARE ADVISED TO KEEP IN YOUR RECORDS ANY
7WRITTEN INSPECTION REPORT AND ANY OTHER
8DOCUMENTATION CONCERNING YOUR PROPERTY SITE
9THAT IS GIVEN TO YOU BY A CERTIFIED ACCESS
10SPECIALIST.

11IF YOU BECOME A DEFENDANT IN A LAWSUIT THAT
12INCLUDES A CLAIM CONCERNING A SITE INSPECTED
13BY A CERTIFIED ACCESS SPECIALIST, YOU MAY BE
14ENTITLED TO A COURT STAY (AN ORDER TEMPORARILY
15STOPPING ANY LAWSUIT) OF THE CLAIM AND AN EARLY
16EVALUATION CONFERENCE.

17IN ORDER TO REQUEST THE STAY AND EARLY
18EVALUATION CONFERENCE, YOU WILL NEED TO VERIFY
19THAT A CERTIFIED ACCESS SPECIALIST HAS INSPECTED
20THE SITE THAT IS THE SUBJECT OF THE CLAIM. YOU
21 WILL ALSO BE REQUIRED TO PROVIDE THE COURT AND
22THE PLAINTIFF WITH THE COPY OF A WRITTEN
23INSPECTION REPORT BY THE CERTIFIED ACCESS
24SPECIALIST, AS SET FORTH IN CIVIL CODE SECTION
2555.54. THE APPLICATION FORM AND INFORMATION ON
26HOW TO REQUEST A STAY AND EARLY EVALUATION
27CONFERENCE MAY BE OBTAINED AT
28www.courts.ca.gov/selfhelp-start.htm.

29YOU ARE ENTITLED TO REQUEST, FROM A CERTIFIED
30ACCESS SPECIALIST WHO HAS CONDUCTED AN
31INSPECTION OF YOUR PROPERTY, A WRITTEN
32INSPECTION REPORT AND OTHER DOCUMENTATION AS
33SET FORTH IN CIVIL CODE SECTION 55.53. YOU ARE ALSO
34ENTITLED TO REQUEST THE ISSUANCE OF A DISABILITY
35ACCESS INSPECTION CERTIFICATE, WHICH YOU MAY
36POST ON YOUR PROPERTY.
37


38(d) (1) Commencing July 1, 2010, a local agency shall employ
39or retain at least one building inspector who is a certified access
40specialist. The certified access specialist shall provide consultation
P13   1to the local agency, permit applicants, and members of the public
2on compliance with state construction-related accessibility
3standards with respect to inspections of a place of public
4accommodation that relate to permitting, plan checks, or new
5construction, including, but not limited to, inspections relating to
6tenant improvements that may impact access. If a local agency
7employs or retains two or more certified access specialists to
8comply with this subdivision, at least one-half of the certified
9access specialists shall be building inspectors who are certified
10access specialists.

11(2) Commencing January 1, 2014, a local agency shall employ
12or retain a sufficient number of building inspectors who are
13certified access specialists to conduct permitting and plan check
14services to review for compliance with state construction-related
15accessibility standards by a place of public accommodation with
16respect to new construction, including, but not limited to, projects
17relating to tenant improvements that may impact access. If a local
18agency employs or retains two or more certified access specialists
19to comply with this subdivision, at least one-half of the certified
20access specialists shall be building inspectors who are certified
21access specialists.

22(3) If a permit applicant or member of the public requests
23consultation from a certified access specialist, the local agency
24may charge an amount limited to a reasonable hourly rate, an
25estimate of which shall be provided upon request in advance of
26the consultation. A local government may additionally charge or
27increase permitting, plan check, or inspection fees to the extent
28necessary to offset the costs of complying with this subdivision.
29Any revenues generated from an hourly or other charge or fee
30increase under this subdivision shall be used solely to offset the
31costs incurred to comply with this subdivision. A CASp inspection
32pursuant to subdivision (a) by a building inspector who is a
33certified access specialist shall be treated equally for legal and
34evidentiary purposes as an inspection conducted by a private CASp.
35Nothing in this subdivision shall preclude permit applicants or any
36other person with a legal interest in the property from retaining a
37private CASp at any time.

38(e) (1) Every CASp who completes an inspection of a place of
39public accommodation shall, upon a determination that the site
40meets applicable standards pursuant to paragraph (1) of subdivision
P14   1(a) or is inspected by a CASp pursuant to paragraph (2) of
2subdivision (a), provide the building owner or tenant requesting
3the inspection with a numbered disability access inspection
4certificate indicating that the site has undergone inspection by a
5certified access specialist. The disability access inspection
6certificate shall be dated and signed by the CASp inspector, and
7shall contain the inspector’s name and license number. Upon
8issuance of a certificate, the CASp shall record the issuance of the
9numbered certificate, the name and address of the recipient, and
10the type of report issued pursuant to subdivision (a) in a record
11book the CASp shall maintain for that purpose.

12(2) Beginning March 1, 2009, the State Architect shall make
13available for purchase by any local building department or CASp
14sequentially numbered disability access inspection certificates that
15are printed with a watermark or other feature to deter forgery and
16that comply with the information requirements specified in
17subdivision (a).

18(3) The disability access inspection certificate may be posted
19on the premises of the place of public accommodation, unless,
20following the date of inspection, the inspected site has been
21modified or construction has commenced to modify the inspected
22site in a way that may impact compliance with construction-related
23accessibility standards.

24(f) Nothing in this section or any other law is intended to require
25a property owner or tenant to hire a CASp. A property owner’s or
26tenant’s election not to hire a CASp shall not be admissible to
27prove that person’s lack of intent to comply with the law.

28

SEC. 4.  

Section 55.56 of the Civil Code is amended to read:

29

55.56.  

(a) Statutory damages under either subdivision (a) of
30Section 52 or subdivision (a) of Section 54.3 may be recovered in
31a construction-related accessibility claim against a place of public
32accommodation only if a violation or violations of one or more
33construction-related accessibility standards denied the plaintiff
34full and equal access to the place of public accommodation on a
35particular occasion.

36(b) A plaintiff is denied full and equal access only if the plaintiff
37personally encountered the violation on a particular occasion, or
38the plaintiff was deterred from accessing a place of public
39accommodation on a particular occasion.

P15   1(c) A violation personally encountered by a plaintiff may be
2 sufficient to cause a denial of full and equal access if the plaintiff
3experienced difficulty, discomfort, or embarrassment because of
4the violation.

5(d) A plaintiff demonstrates that he or she was deterred from
6accessing a place of public accommodation on a particular occasion
7only if both of the following apply:

8(1) The plaintiff had actual knowledge of a violation or
9violations that prevented or reasonably dissuaded the plaintiff from
10accessing a place of public accommodation that the plaintiff
11intended to use on a particular occasion.

12(2) The violation or violations would have actually denied the
13plaintiff full and equal access if the plaintiff had accessed the place
14of public accommodation on that particular occasion.

15(e) (1) The following technical violations are presumed to not
16cause a person difficulty, discomfort, or embarrassment for the
17purpose of an award of minimum statutory damages in a
18construction-related accessibility claim, as set forth in subdivision
19(c), where the defendant is a small business, as described by
20subparagraph (B) of paragraph (2) of subdivision (g), the defendant
21has corrected, within 15 days of the service of a summons and
22complaint asserting a construction-related accessibility claim or
23receipt of a written notice, whichever is earlier, all of the technical
24violations that are the basis of the claim, and the claim is based on
25one or more of the following violations:

26(A) Interior signs, other than directional signs or signs that
27identify the location of accessible elements, facilities, or features,
28when not all such elements, facilities, or features are accessible.

29(B) The lack of exterior signs, other than parking signs and
30directional signs, including signs that indicate the location of
31accessible pathways or entrance and exit doors when not all
32pathways, entrance and exit doors are accessible.

33(C) The order in which parking signs are placed or the exact
34location or wording of parking signs, provided that the parking
35signs are clearly visible and indicate the location of accessible
36parking and van-accessible parking.

37(D) The color of parking signs, provided that the color of the
38background contrasts with the color of the information on the sign.

P16   1(E) The color of parking lot striping, provided that it exists and
2provides sufficient contrast with the surface upon which it is
3applied to be reasonably visible.

4(F) Faded, chipped, damaged, or deteriorated paint in otherwise
5fully compliant parking spaces and passenger access aisles in
6parking lots, provided that it indicates the required dimensions of
7a parking space or access aisle in a manner that is reasonably
8visible.

9(G) The presence or condition of detectable warning surfaces
10on ramps, except where the ramp is part of a pedestrian path of
11travel that intersects with a vehicular lane or other hazardous area.

12(2) The presumption set forth in paragraph (1) affects the
13plaintiff’s burden of proof and is rebuttable by evidence showing,
14by a preponderance of the evidence, that the plaintiff did, in fact,
15experience difficulty, discomfort, or embarrassment on the
16particular occasion as a result of one or more of the technical
17violations listed in paragraph (1).

18(f) Statutory damages may be assessed pursuant to subdivision
19(a) based on each particular occasion that the plaintiff was denied
20full and equal access, and not upon the number of violations of
21construction-related accessibility standards identified at the place
22of public accommodation where the denial of full and equal access
23occurred. If the place of public accommodation consists of distinct
24facilities that offer distinct services, statutory damages may be
25assessed based on each denial of full and equal access to the distinct
26facility, and not upon the number of violations of
27construction-related accessibility standards identified at the place
28of public accommodation where the denial of full and equal access
29occurred.

30(g) (1) Notwithstanding any other law, a defendant’s liability
31for statutory damages in a construction-related accessibility claim
32against a place of public accommodation is reduced to a minimum
33of one thousand dollars ($1,000) for each offense if the defendant
34demonstrates that it has corrected all construction-related violations
35that are the basis of a claim within 60 days of being served with
36the complaint, and the defendant demonstrates any of the following:

37(A) The structure or area of the alleged violation was determined
38to be “CASp-inspected” or “meets applicable standards” and, to
39the best of the defendant’s knowledge, there were no modifications
40or alterations that impacted compliance with construction-related
P17   1accessibility standards with respect to the plaintiff’s claim that
2were completed or commenced between the date of that
3determination and the particular occasion on which the plaintiff
4was allegedly denied full and equal access.

5(B) The structure or area of the alleged violation was the subject
6of an inspection report indicating “CASp determination pending”
7or “Inspected by a CASp,” and the defendant has either
8implemented reasonable measures to correct the alleged violation
9before the particular occasion on which the plaintiff was allegedly
10denied full and equal access, or the defendant was in the process
11of correcting the alleged violation within a reasonable time and
12manner before the particular occasion on which the plaintiff was
13allegedly denied full and equal access.

14(C) For a claim alleging a construction-related accessibility
15violation filed before January 1, 2018, the structure or area of the
16alleged violation was a new construction or an improvement that
17was approved by, and passed inspection by, the local building
18department permit and inspection process on or after January 1,
192008, and before January 1, 2016, and, to the best of the
20defendant’s knowledge, there were no modifications or alterations
21that impacted compliance with respect to the plaintiff’s claim that
22were completed or commenced between the completion date of
23the new construction or improvement and the particular occasion
24on which the plaintiff was allegedly denied full and equal access.

25(D) The structure or area of the alleged violation was new
26construction or an improvement that was approved by, and passed
27inspection by, a local building department official who is a certified
28access specialist, and, to the best of the defendant’s knowledge,
29there were no modifications or alterations that affected compliance
30with respect to the plaintiff’s claim that were completed or
31commenced between the completion date of the new construction
32or improvement and the particular occasion on which the plaintiff
33was allegedly denied full and equal access.

34(2) Notwithstanding any other law, a defendant’s liability for
35statutory damages in a construction-related accessibility claim
36against a place of public accommodation is reduced to a minimum
37of two thousand dollars ($2,000) for each offense if the defendant
38demonstrates both of the following:

P18   1(A) The defendant has corrected all construction-related
2violations that are the basis of a claim within 30 days of being
3served with the complaint.

4(B) The defendant is a small business that has employed 25 or
5fewer employees on average over the past three years, or for the
6years it has been in existence if less than three years, as evidenced
7by wage report forms filed with the Economic Development
8Department, and has average annual gross receipts of less than
9three million five hundred thousand dollars ($3,500,000) over the
10previous three years, or for the years it has been in existence if
11less than three years, as evidenced by federal or state income tax
12returns. The average annual gross receipts dollar amount shall be
13adjusted biannually by the Department of General Services for
14changes in the California Consumer Price Index for All Urban
15Consumers, as compiled by the Department of Industrial Relations.
16The Department of General Services shall post that adjusted
17 amount on its Internet Web site.

18(3) (A) Notwithstanding any other law, a defendant shall not
19be liable for minimum statutory damages in a construction-related
20accessibility claim, with respect to a violation noted in a report by
21a certified access specialist (CASp), for a period of 120 days
22following the date of the inspection if the defendant demonstrates
23compliance with each of the following:

24(i) The defendant is a business that has employed 100 or fewer
25employees on average over the past three years, or for the years it
26has been in existence if less than three years, as evidenced by wage
27report forms filed with the Employment Development Department.

28(ii) The structure or area of the alleged violation was the subject
29of an inspection report indicating “CASp determination pending”
30or “Inspected by a CASp.”

31(iii) The inspection predates the filing of the claim by, or receipt
32of a demand letter from, the plaintiff regarding the alleged violation
33of a construction-related accessibility standard, and the defendant
34was not on notice of the alleged violation prior to the CASp
35inspection.

36(iv) The defendant has corrected, within 120 days of the date
37of the inspection, all construction-related violations in the structure
38or area inspected by the CASp that are noted in the CASp report
39that are the basis of the claim.

P19   1(B) Notwithstanding any other law, a defendant who claims the
2benefit of the reduction of minimum statutory damages under this
3subdivision shall disclose the date and findings of any CASp
4inspection to a plaintiff if relevant to a claim or defense in an
5action.

6(4) A defendant may assert the reduction of minimum statutory
7damages under this subdivision only once for each structure or
8area inspected by a CASp, unless the inspected structure or area
9has undergone modifications or alterations that affect the
10compliance with construction-related accessibility standards of
11those structures or areas after the date of the last inspection, and
12the defendant obtains an additional CASp inspection within 30
13days of final approval by the building department or certificate of
14occupancy, as appropriate, regarding the modification or
15alterations.

16(5) If the defendant has failed to correct, within 120 days of the
17date of the inspection, all construction-related violations in the
18structure or area inspected by the CASp that are noted in the CASp
19report, the defendant shall not receive any reduction of minimum
20statutory damages, unless a building permit is required for the
21repairs which cannot reasonably be completed by the defendant
22within 120 days and the defendant is in the process of correcting
23the violations noted in the CASp report, as evidenced by having,
24at least, an active building permit necessary for the repairs to
25correct the violation that was noted, but not corrected, in the CASp
26report and all of the repairs are completed within 180 days of the
27date of the inspection.

28(6) This subdivision shall not be applicable to intentional
29violations.

30(7) Nothing in this subdivision affects the awarding of actual
31damages, or affects the awarding of treble actual damages.

32(8) This subdivision shall apply only to claims filed on or after
33the effective date of Chapter 383 of the Statutes of 2012, except
34for paragraphs (3), (4), and (5), which shall apply to claims filed
35on or after January 1, 2017. Nothing in this subdivision is intended
36to affect a complaint filed before that date.

37(h) This section does not alter the applicable law for the
38awarding of injunctive or other equitable relief for a violation or
39violations of one or more construction-related accessibility
P20   1standards, nor alter any legal obligation of a party to mitigate
2damages.

3(i) In assessing liability under subdivision (d), in an action
4alleging multiple claims for the same construction-related
5accessibility violation on different particular occasions, the court
6shall consider the reasonableness of the plaintiff’s conduct in light
7of the plaintiff’s obligation, if any, to mitigate damages.

8(j) For purposes of this section, the “structure or area inspected”
9means one of the following: the interior of the premises, the
10exterior of the premises, or both the interior and exterior.

11

SEC. 5.  

Section 4459.7 of the Government Code is amended
12to read:

13

4459.7.  

(a) (1) No later than October 31 of each year, the
14State Architect shall publish and make available to the public a
15list of certified access specialists who have met the requirements
16of Section 4459.5.

17(2) The State Architect shall publish and regularly update on
18its Internet Web site easily accessible lists of all of the following:

19(A) Businesses that have obtained a CASp inspection and have
20filed, or a CASp has filed on their behalf, a notice pursuant to
21paragraph (4) of subdivision (a) of Section 55.53 of the Civil Code.

22(B) Businesses which have been inspected by a certified access
23specialist on or after January 1, 2017, including the date of the
24inspection.

25(3) The lists required pursuant to this section shall include a
26written disclaimer of liability as specified in subdivision (b).

27(b) Notwithstanding any other provision of law, a state agency
28or employee of a state agency may not be held liable for any injury
29or damages resulting from any service provided by a certified
30access specialist whose name appears on the list published pursuant
31to subdivision (a).

32(c) The State Architect may perform periodic audits of work
33performed by a certified access specialist as deemed necessary to
34ensure the desired standard of performance. A certified access
35specialist shall provide an authorized representative of the State
36Architect with complete access, at any reasonable hour of the day,
37to all technical data, reports, records, photographs, design outlines
38and plans, and files used in building inspection and plan review,
39with the exception of proprietary and confidential information.

P21   1(d) By January 1, 2017, the State Architect shall develop a
2process by which a certified access specialist (CASp) may notify
3the State Architect that a structure or area on the premises of a
4business has been inspected by a CASp and to notify the public
5that the business has a “CASp determination pending,” or has been
6“Inspected by a CASp,” as provided by paragraph (3) of
7subdivision (g) of Section 55.56 of the Civil Code, which shall
8include the name and address of the business, the date of the
9notification, the date of the inspection of the business, the name
10and license number of the CASp, and a description of the structure
11or area inspected by a CASp.

12(e) By January 1, 2017, the State Architect shall develop a form
13for a business to notify the public that the business has obtained a
14CASp inspection pursuant to paragraph (3) of subdivision (g) of
15Section 55.56 of the Civil Code, which shall include the date of
16the notification, the date of the inspection, and a description of the
17structure or area inspected by a CASp.

18(f) For purposes of this section, the “structure or area inspected”
19means one of the following: the interior of the premises, the
20exterior of the premises, or both the interior and exterior.

21

SEC. 6.  

Section 4459.8 of the Government Code is amended
22to read:

23

4459.8.  

(a) The certification authorized by Section 4459.5 is
24effective for three years from the date of initial certification and
25expires if not renewed. The State Architect, upon consideration of
26any factual complaints regarding the work of a certified access
27specialist or of other relevant information, may suspend
28certification or deny renewal of certification.

29(b) (1) The State Architect shall require each applicant for
30certification as a certified access specialist to do both of the
31following:

32(A) Pay fees, including an application and course fee and an
33examination fee, at a level sufficient to meet the costs of application
34processing, registration, publishing a list, and other activities that
35are reasonably necessary to implement and administer the certified
36access specialist program.

37(B) Provide to the State Architect the name of the city, county,
38or city and county in which the applicant intends to provide
39services.

P22   1(2) The State Architect shall require each applicant for renewal
2of certification to do both of the following:

3(A) Pay a fee sufficient to cover the reasonable costs of
4reassessing qualifications of renewal applicants.

5(B) Provide to the State Architect the name of the city, county,
6or city and county in which the applicant has provided services
7since the last day of certification by the State Architect.

8(3) The State Architect shall periodically review his or her
9schedule of fees to ensure that the fees for certification are not
10excessive while covering the costs to administer the certified access
11specialist program. The application fee for a California licensed
12architect, landscape architect, civil engineer, or structural engineer
13shall not exceed two hundred fifty dollars ($250).

14(c) All fees collected pursuant to this section shall be deposited
15into the Certified Access Specialist Fund, which is hereby created
16in the State Treasury. Notwithstanding Section 13340, this fund
17is continuously appropriated without regard to fiscal years for use
18by the State Architect to implement Sections 4459.5 to 4459.8,
19inclusive.

20(d) The State Architect shall post on his or her Internet Web
21site the name of the city, county, or city and county in which each
22certified access specialist provides or intends to provide services.

23

SEC. 7.  

Section 8299.06 of the Government Code is amended
24to read:

25

8299.06.  

(a) A priority of the commission shall be the
26development and dissemination of educational materials and
27information to promote and facilitate disability access compliance.

28(b) The commission shall work with other state agencies,
29including the Division of the State Architect and the Department
30of Rehabilitation, to develop educational materials and information
31for use by businesses to understand its obligations to provide
32disability access and to facilitate compliance with
33construction-related accessibility standards.

34(c) The commission shall develop and make available on its
35Internet Web site, or make available on its Internet Web site if
36developed by another governmental agency, including Americans
37with Disabilities Act centers, toolkits or educational modules to
38assist a California business to understand its obligations under the
39law and to facilitate compliance with respect to the top 10 alleged
40construction-related violations, by type, as specified in subdivision
P23   1(a) of Section 8299.08. Upon completion of this requirement, the
2commission shall develop and make available on its Internet Web
3site, or work with another agency to develop, other toolkits or
4educational modules that would educate businesses of the
5accessibility requirements and to facilitate compliance with that
6requirement.

7(d) The commission shall post the following on its Internet Web
8 site:

9(1) Educational materials and information that will assist
10building owners, tenants, building officials, and building inspectors
11to understand the disability accessibility requirements and to
12facilitate compliance with disability access laws. The commission
13shall at least annually review the educational materials and
14information on disability access requirements and compliance
15available on the Internet Web site of other local, state, or federal
16agencies, including Americans with Disabilities Act centers, to
17augment the educational materials and information developed by
18the commission.

19(2) A link to the Internet Web site of the Division of the State
20Architect’s certified access specialist (CASp) program to assist
21building owners and tenants in locating or hiring a CASp.

22(e) The commission shall, to the extent feasible, coordinate with
23other state agencies and local building departments to ensure that
24information provided to the public on disability access requirements
25is uniform and complete, and make its educational materials and
26information available to those agencies and departments.

27

SEC. 8.  

Section 65941.6 is added to the Government Code, to
28read:

29

65941.6.  

(a) Each local agency shall develop materials relating
30to the requirements of the federal Americans with Disabilities Act
31of 1990 (42 U.S.C. Sec. 12101 et seq.). The local agency shall
32provide these materials to an applicant along with notice that
33approval of a permit does not signify that the applicant has
34complied with the federal Americans with Disabilities Act of 1990.

35(b) For the purposes of complying with the requirements of
36subdivision (a), a local agency may, in lieu of developing its own
37materials, provide applicants with those materials which the
38California Commission on Disability Access has developed and
39made available pursuant to Section 8299.06.

P24   1

SEC. 9.  

Article 4 (commencing with Section 65946) is added
2to Chapter 4.5 of Division 1 of Title 7 of the Government Code,
3to read:

4 

5Article 4.  Expedited Review
6

 

7

65946.  

(a) For the purposes of this section, the following
8definitions shall apply:

9(1) “Certified access specialist” or “CASp” means any person
10who has been certified pursuant to Section 4459.5.

11(2) “Construction-related accessibility standard” means a
12provision, standard, or regulation under state or federal law
13requiring compliance with standards for making new construction
14and existing facilities accessible to persons with disabilities,
15including, but not limited to, any provision, standard, or regulation
16set forth in Section 51, 54, 54.1, or 55 of the Civil Code, Section
1719955.5 of the Health and Safety Code, the California Building
18Standards Code (Title 24 of the California Code of Regulations),
19the federal Americans with Disabilities Act of 1990 (Public Law
20101-336; 42 U.S.C. Sec. 12101 et seq.), and the federal Americans
21with Disabilities Act Accessibility Guidelines (Appendix A to Part
2236 of Title 28 of the Code of Federal Regulations).

23(3) “Written inspection report” means the CASp report required
24to be provided pursuant to subdivision (a) of Section 55.53 of the
25Civil Code.

26(b) A local agency shall expedite review of a project application
27if the project applicant meets all of the following conditions:

28(1) The applicant provides a copy of a disability access
29inspection certificate, provided by a CASp pursuant to subdivision
30(e) of Section 55.53 of the Civil Code, pertaining to the site of the
31proposed project.

32(2) The applicant demonstrates that the proposed project is
33necessary to address either an alleged violation of a
34construction-related accessibility standard or a violation noted in
35a written inspection report.

36(3) If project plans are necessary for the approval of a project,
37the applicant has had a CASp review the project plans for
38compliance with all applicable construction-related accessibility
39standards.

P25   1

SEC. 10.  

The Legislature finds and declares that Sections 8
2and 9 of this act, pertaining to the review and approval of
3development permit applications, constitute matters of statewide
4concern, and shall apply to charter cities and charter counties.
5These sections shall supersede any inconsistent provisions in the
6charter of any city, county, or city and county.

7

SEC. 11.  

No reimbursement is required by this act pursuant to
8Section 6 of Article XIII B of the California Constitution for certain
9costs because a local agency or school district has the authority to
10levy service charges, fees, or assessments sufficient to pay for the
11program or level of service mandated by this act, within the
12meaning of Section 17556 of the Government Code.

end delete


O

    94