Amended in Assembly April 28, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 1342


Introduced by Assembly Member Steinorth

February 27, 2015


An act tobegin delete add Section 8299.12 toend deletebegin insert amend Section 1938 of the Civil Code, and to amend Sections 4459.8, 4467, and 8299.06 ofend insert the Government Code, relating to disability access, and making an appropriation therefor.

LEGISLATIVE COUNSEL’S DIGEST

AB 1342, as amended, Steinorth. begin deleteCalifornia Commission on Disability Access. end deletebegin insertDisability access.end insert

begin insert

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

end insert
begin insert

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

end insert
begin insert

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

end insert
begin insert

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

end insert
begin insert

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

end insert
begin insert

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

end insert
begin delete

Existing

end delete

begin insert(4)end insertbegin insertend insertbegin insertExistingend insert 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,begin delete as specified.end deletebegin insert including, but not limited to, developing educational materials and information for businesses, building owners, tenants, and building officials, posting that information on the commission’s Internet Web site, and coordinating with other state agencies and local building departments to ensure that information provided to the public on disability access requirements is uniform and complete.end insert Existing law provides that those provisions shall not remain operative unless funds are appropriated for those purposes.

This bill wouldbegin insert additionally require the commission to provide a link on its Internet Web site to the Internet Web site of the Division of the State Architect’s CASp certification program, make the commission’s educational materials and information available to other state agencies and local building departments, andend insert appropriate the sum of $500,000 from the General Fund to thebegin delete California Commission on Disability Accessend deletebegin insert commissionend insert for the 2015-16 fiscal year forbegin delete thoseend deletebegin insert the above-describedend insert purposes.

Vote: 23. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no.

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

P3    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 1938 of the end insertbegin insertCivil Codeend insertbegin insert is amended to
2read:end insert

3

1938.  

begin insert(a)end insertbegin insertend insertA commercial property owner or lessor shall state
4on every lease form or rental agreement executed on or after July
51,begin delete 2013,end deletebegin insert 2016,end insert whetherbegin insert or notend insert the property being leased or rented
6has undergone inspection by a Certified Access Specialistbegin delete (CASp),
7and, if so, whether the property has or has not been determined to
8meet all applicable construction-related accessibility standards
9pursuant to Section 55.53.end delete
begin insert (CASp).end insert

begin insert

10(b) If the property being leased or rented has undergone
11inspection by a CASp and to the best of the commercial property
12owner or lessor’s knowledge, there have been no modifications or
13alterations completed or commenced between the date of the
14inspection and the date of the lease or rental agreement which
15have impacted the property’s compliance with construction-related
16accessibility standards, the commercial property owner or lessor
17shall provide, prior to execution of the lease or rental agreement,
18a copy of any report prepared by the CASp in response to that
19inspection to the lessee or tenant.

end insert
begin insert

20(c) If the property has been issued a current disability access
21inspection certificate, as described in Section 55.53, the
22commercial property owner or lessor shall provide a copy of the
23current disability access inspection certificate and any inspection
24report to the lessee or tenant within seven days of the date of the
25execution of the lease form or rental agreement.

end insert
begin insert

26(d) If the property has not been issued a current disability access
27inspection certificate, the commercial property owner or lessor
28shall state the following on the lease form or rental agreement:

end insert

begin insertend insert
begin insert

30 “A Certified Access Specialist (CASp) can inspect the property
31and determine whether it complies with all of the applicable
P4    1 construction-related accessibility standards under state law.
2Although state law does not require a CASp inspection of this
3property, the property owner will arrange for a CASp inspection
4of this property at the tenant’s expense, if requested by the tenant.”

end insert
5begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 4459.8 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
6to read:end insert

7

4459.8.  

(a) The certification authorized by Section 4459.5 is
8effective for three years from the date of initial certification and
9expires if not renewed. The State Architect, upon consideration of
10any factual complaints regarding the work of a certified access
11specialist or of other relevant information, may suspend
12certification or deny renewal of certification.

13(b) (1) The State Architect shall require each applicant for
14certification as a certified access specialist tobegin delete payend deletebegin insert do the following:end insert

15begin insert(A)end insertbegin insertend insertbegin insertPayend insert fees, including an application and course fee and an
16examination fee, at a level sufficient to meet the costs of application
17processing, registration, publishing a list, and other activities that
18are reasonably necessary to implement and administer the certified
19access specialist program.begin delete Theend delete

begin insert

20(B) Provide to the State Architect information about the city,
21county, or city and county in which the applicant intends to provide
22services.

end insert

23begin insert(2)end insertbegin insertend insertbegin insertTheend insert State Architect shall require each applicant for renewal
24of certification tobegin delete payend deletebegin insert do the following:end insert

25begin insert(A)end insertbegin insertend insertbegin insertPayend insert a fee sufficient to cover the reasonable costs of
26reassessing qualifications of renewal applicants.

begin insert

27(B) Provide to the State Architect information about the city,
28county, or city and county in which the applicant has provided
29services since the last day of certification by the State Architect.

end insert
begin delete

30(2)

end delete

31begin insert(3)end insert The State Architect shall periodically review its schedule
32of fees to ensure that its fees for certification are not excessive
33while covering the costs to administer the certified access specialist
34program. The application fee for a California licensed architect,
35landscape architect, civil engineer, or structural engineer shall not
36exceed two hundred fifty dollars ($250).

37(c) All fees collected pursuant to this section shall be deposited
38into the Certified Access Specialist Fund, which is hereby created
39in the State Treasury. Notwithstanding Section 13340, this fund
40is continuously appropriated without regard to fiscal years for use
P5    1by the State Architect to implement Sections 4459.5 to 4459.8,
2inclusive.

begin insert

3(d) The State Architect shall post on his or her Internet Web
4site information about the city, county, or city and county in which
5each certified access specialist provides or intends to provide
6services.

end insert
7begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 4467 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
8read:end insert

9

4467.  

(a) begin deleteOn and after January 1, 2013, and until December
1031, 2018, any end delete
begin insertAny end insertapplicant for a local business license or
11equivalent instrument or permit, and from any applicant for the
12renewal of a business license or equivalent instrument or permit,
13shall pay an additional fee of one dollar ($1) for that license,
14instrument, or permit, which shall be collected by the city, county,
15or city and county that issued the license, instrument, or permit.

16(b) The city, county, or city and county shall retain 70 percent
17of the fees collected under this section, of which up to 5 percent
18of the retained moneys may be used for related administrative costs
19of this chapter. The remaining moneys shall be used to fund
20increased certified access specialist (CASp) services in that
21jurisdiction for the public and to facilitate compliance with
22construction-related accessibility requirements. The highest priority
23shall be given to the training and retention of certified access
24specialists to meet the needs of the public in the jurisdiction as
25provided in Section 55.53 of the Civil Code.

26(c) The remaining 30 percent of all fees collected under this
27section shall be transmitted on a quarterly basis to the Division of
28the State Architect for deposit in the Disability Access and
29Education Revolving Fund established under Sections 4465 and
304470. The funds shall be transmitted within 15 days of the last day
31of the fiscal quarter. The Division of the State Architect shall
32develop and post on its Internet Web site a standard reporting form
33for use by all local jurisdictions. Up to 75 percent of the collected
34funds in the Disability Access and Education Revolving Fund shall
35be used to establish and maintain oversight of the CASp program
36and to moderate the expense of CASp certification and testing.

37(d) Each city, county, or city and county shall make an annual
38report, commencing March 1, 2014, to the Legislature and to the
39Chairs of the Senate and Assembly Committees on Judiciary, and
40the Chair of the Senate Committee on Budget and Fiscal Review
P6    1and the Chair of the Assembly Committee on Budget, of the total
2fees collected in the previous calendar year and of its distribution,
3including the moneys spent on administrative services, the moneys
4spent to increase CASp services, the moneys spent to fund
5programs to facilitate compliance, and the moneys transmitted to
6the Disability Access and Education Revolving Fund. A report to
7be submitted pursuant to this subdivision shall be submitted in
8 compliance with Section 9795.

9begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 8299.06 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
10to read:end insert

11

8299.06.  

(a) A priority of the commission shall be the
12development and dissemination of educational materials and
13information to promote and facilitate disability access compliance.

14(b) The commission shall work with other state agencies,
15including the Division of the State Architect and the Department
16of Rehabilitation, to develop educational materials and information
17for use by businesses to understand its obligations to provide
18disability access and to facilitate compliance with
19construction-related accessibility standards.

20(c) The commission shall develop and make available on its
21Internet Web site, or make available on its Internet Web site if
22developed by another governmental agency, including Americans
23with Disabilities Act centers, toolkits or educational modules to
24assist a California business to understand its obligations under the
25law and to facilitate compliance with respect to the top 10 alleged
26construction-related violations, by type, as specified in subdivision
27(a) of Section 8299.08. Upon completion of this requirement, the
28commission shall develop and make available on its Internet Web
29site, or work with another agency to develop, other toolkits or
30educational modules that would educate businesses of the
31accessibility requirements and to facilitate compliance with that
32requirement.

33(d) The commission shall postbegin insert the followingend insert on its Internet Web
34begin delete site educationalend deletebegin insert site:end insert

35begin insert(1)end insertbegin insertend insertbegin insertEducationalend insert materials and information that will assist
36building owners, tenants, building officials, and building inspectors
37to understand the disability accessibility requirements and to
38facilitate compliance with disability access laws. The commission
39shall at least annually review the educational materials and
40information on disability access requirements and compliance
P7    1available on the Internet Web site of other local, state, or federal
2agencies, including Americans with Disabilities Act centers, to
3augment the educational materials and information developed by
4the commission.

begin insert

5(2) A link to the Internet Web site of the Division of the State
6Architect’s Certified Access Specialist (CASp) Program to assist
7building owners and tenants in locating or hiring a CASp.

end insert

8(e) The commission shall, to the extent feasible, coordinate with
9other state agencies and local building departments to ensure that
10information provided to the public on disability access requirements
11is uniform andbegin delete complete.end deletebegin insert complete, and make its educational
12materials and information available to those agencies and
13departments.end insert

14begin insert

begin insertSEC. 5.end insert  

end insert

begin insertFor the 2015-16 fiscal year, the sum of five hundred
15thousand dollars ($500,000) is hereby appropriated from the
16General Fund to the California Commission on Disability Access,
17for expenditure without regard to fiscal years. The moneys shall
18be used to implement the duties imposed on the commission
19pursuant to Chapter 3.7 (commencing with Section 8299) of
20Division 1 of Title 2 of the Government Code.end insert

begin delete21

SECTION 1.  

Section 8299.12 is added to the Government
22Code
, to read:

23

8299.12.  

For the 2015-16 fiscal year, the sum of five hundred
24thousand dollars ($500,000) is hereby appropriated from the
25General Fund to the commission, for expenditure without regard
26to fiscal years. The moneys shall be used to implement the duties
27imposed on the commission pursuant to this chapter.

end delete


O

    97