BILL ANALYSIS Ó
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Date of Hearing: May 20, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB
1342 (Steinorth) - As Amended April 28, 2015
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Urgency: No State Mandated Local Program: NoReimbursable: No
SUMMARY:
This bill appropriates funds to the California Commission on
Disability Access (CCDA) and seeks to promote compliance with
disability access requirements. Specifically, this bill:
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1)Appropriates $500,000 from the General Fund to the commission
to implement its responsibilities.
2)Requires the Division of the State Architect (DSA) to require
each applicant for certification as a certified access
specialist (CASp), and for CASp recertification, to provide
the DSA with information about location (city, county) where
they intend to, or have provided services, and requires the
DSA to post this information on its website. The commission
must also post a link on its website to the DSA's CASp
program.
3)Removes the December 31, 2018, sunset on the $1 portion of the
local business license fee, 70% of which stays with the local
entity to fund increased CASp services, with the remaining 30%
going to the DSA to oversee the CASp program.
4)Requires a commercial property owner to state on every lease
form or rental agreement executed after July 1, 2016, whether
or not the property being leased has undergone inspection by a
CASp.
5)Requires, if the property has undergone a CASp inspection, and
there have been no modifications since the inspection to
impact access compliance, the property owner shall provide a
copy of the CASp's inspection report prior to execution of the
lease.
6)Requires the property owner, if the property has been provided
a current disability access inspection certificate, to furnish
the certificate to the lessee within seven days of execution
of the lease.
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7)Requires the property owner, if the property has not been
provided a current disability access inspection certificate,
to state in the lease agreement that a CASp can inspect the
property, and although an inspection is not required by state
law, the owner can arrange an inspector as the lessee's
expense.
FISCAL EFFECT:
1)One-time $500,000 GF appropriation to the commission.
2)Removing the sunset on the $1 business license fee will allow
DSA's oversight of the CASp program to continue indefinitely,
at a special fund cost of around $650,000 annually. DSA's
costs will be minor and absorbable to obtain and publish
information regarding where each CASp provides their services.
COMMENTS:
1)Background and Purpose. In 2008, the Legislature established
the CCDA pursuant to SB 1608 (Corbett and Harman, Ch. 549,
Stats. 2008), part of a bipartisan package of reforms shaped
by discussions from disability rights advocates, attorneys for
plaintiffs and defendants, and business interests. According
to the joint authors of SB 1608, the bill included a
multi-faceted approach aimed at addressing the high rate of
non-compliance with construction-related accessibility
standards by public accommodations in California, recognizing
the value of and promoting voluntary compliance and
prevention.
Significant portions of SB 1608 were dependent on the
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continued funding of the Commission. The author contends that
the Commission-since its inception-has been tasked with
additional responsibilities without corresponding increases in
funding. SB 1186 (Steinberg and Dutton, Ch. 383, Stats. 2012),
was another bipartisan measure to address the issue of ADA
litigation. While many provisions in SB 1186 were procedural
in nature and benefitted the business community, SB 1186 did
impose additional duties on the Commission.
According to the Assembly Judiciary Committee's analysis of
this bill, "The commission's work is integral in any solution
aimed at improving compliance with construction-related
accessibility standards and access to public accommodations.
Indeed, many of the Commission's reports have helped to shape
this Committee's discussions on the issues of disability
access and construction-related accessibility claims.
Accordingly, it is critical for the Commission to have
sufficient resources in order to perform its important
duties."
2)Finding a CASp. The State Architect publishes a list of all
the CASps in the State on its website. Currently, there are
over 575 CASps, however, it may be difficult to find a CASp
who is available in a given area. Currently, the State
Architect's website does not consistently provide the location
in which a CASp provides his or her services. This bill
requires an applicant for CASp certification or renewal to
provide the State Architect the location where the applicant
will provide CASp services, specifically, the city, county, or
city and county. Additionally, the proposed amendments
require the State Architect to publish this locational
information.
3)Comment. The Judiciary Committee's analysis discusses the
commission's inability to fulfill all of it responsibilities,
stating, "The CCDA has identified a need to create the
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following staff positions: Legislative Outreach Coordinator,
Educational Outreach Coordinator, Staff Service Manager, and
Administrative Assistant. These staff, upon hiring, would be
quickly assigned with specific responsibilities to achieve
goals outlined in the Strategic Plan."
The appropriation in this bill, however, is one-time in
nature; thus while these resources may help the commission to
accomplish functions that are one-time in nature, it would not
be available to fund permanent staff position.
Analysis Prepared by:Chuck Nicol / APPR. / (916)
319-2081