BILL ANALYSIS Ó
AB 1342
Page 1
ASSEMBLY THIRD READING
AB
1342 (Steinorth)
As Amended June 1, 2015
2/3 vote
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|Committee |Votes |Ayes |Noes |
| | | | |
| | | | |
|----------------+------+--------------------+----------------------|
|Judiciary |10-0 |Mark Stone, Wagner, | |
| | |Alejo, Chau, Chiu, | |
| | |Gallagher, Cristina | |
| | |Garcia, Holden, | |
| | |Maienschein, | |
| | |O'Donnell | |
| | | | |
|----------------+------+--------------------+----------------------|
|Appropriations |17-0 |Gomez, Bigelow, | |
| | |Bonta, Calderon, | |
| | |Chang, Daly, | |
| | |Eggman, Gallagher, | |
| | | | |
| | | | |
| | |Eduardo Garcia, | |
| | |Gordon, Holden, | |
| | |Jones, Quirk, | |
| | |Rendon, Wagner, | |
| | |Weber, Wood | |
| | | | |
| | | | |
AB 1342
Page 2
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SUMMARY: Appropriates funds to the California Commission on
Disability Access (Commission) and enacts other measures intended
to promote disability access compliance. Specifically, this bill:
1)Appropriates $120,000 from the General Fund to the Commission
which shall be used to provide half-year funding to establish
two permanent outreach coordinator positions ($120,000).
2)Requires the State Architect to require a certified access
specialist (CASp) applicant to provide the location (i.e. city,
county, or city and county) in which the CASp will provide
services. Further requires the State Architect to post the
location that each CASp provides or intends to provide services.
3)Requires the Commission to post on its website a link to the
Division of State Architect's Certified Access Specialist
Program Web site to assist building owners and tenants in
locating or hiring a CASp.
4)Removes the sunset provision under current law that requires an
applicant for a business license or renewal to pay a $1 fee to
local jurisdictions to assist in funding CASp services,
training, and retention at the local level, and standards at the
state level.
5)Requires a commercial property owner to state on every lease
form or rental agreement executed after July 1, 2016, additional
information to the tenant or lessor about the condition of the
rented or leased property.
AB 1342
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EXISTING LAW:
1)Provides for the Commission, an independent state agency
composed of 17 members, with the general responsibility for
monitoring disability access compliance in California, and the
authority to hold hearings and make recommendations to the
Legislature for necessary changes to existing state law in order
to facilitate implementation of state and federal laws on
disability access.
2)Requires the Commission to use its funding, as appropriate, to
provide information about preventing or minimizing compliance
problems among California businesses, and recommending programs
to enable persons with disabilities to obtain full and equal
access to public facilities.
FISCAL EFFECT: According to the Assembly Appropriations
Committee, ongoing General Fund cost of around $240,000 for the
two positions. Removing the sunset on the $1 business license fee
will allow Division of the State Architect's (State Architect)
oversight of the CASp program to continue indefinitely, at a
special fund cost of around $650,000 annually. State Architect's
costs will be minor and absorbable to obtain and publish
information regarding where each CASp provides their services.
COMMENTS: The author contends that the Commission - since its
inception - has been tasked with additional responsibilities
without corresponding increases in funding. In 2012, the
Legislature passed SB 1186 (Steinberg), Chapter 383, Statutes of
2012, a landmark bipartisan measure carried by the Senate's
majority and minority leaders, to address the issue of American
with Disabilities Act litigation. While many provisions in SB
1186 were procedural in nature and benefitted the business
community, SB 1186 imposed additional duties on the Commission.
AB 1342
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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.
Locating a CASp. Under current law, the State Architect certifies
applicants to become CASps. The State Architect publishes a list
of all the CASps in the State on its website. Currently, there
are over 575 CASps throughout the state. However, despite the
large number of CASps, it may be difficult to find a CASp who is
available in a given area. Currently, the State Architect's Web
site does not consistently provide the location in which a CASp
provides his or her services. This lack of information makes it
difficult for a business property owner or tenant to locate or
hire a CASp in a specific region.
A Commercial Property Owner's Responsibilities to a Tenant in
Reporting Compliance with California's Disability Access Laws.
Under the law, a commercial property owner is required to state on
every lease form or rental agreement whether the property has been
inspected by a CASp. However, because the property owner may not
know whether the property has met all applicable-related
accessibility standards, the current law may unintentionally
create a disincentive for a business property owner to obtain CASp
services. The additional information provided under this bill
will allow commercial tenants to better understand the state of
the leased property, and allows the commercial property owner or
tenant to take proactive steps in reaching compliance with
disability access laws by promoting communication between the
commercial parties.
AB 1342
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Strengthening the CASp Program by Developing Educational and
Training Resources at the State and Local Level to Promote
Compliance. Increasing access to and use of CASp inspectors
promotes compliance and helps businesses avoid lawsuits. The fee
is intended to assist local building departments in reducing the
costs of CASp testing and certification, and to assist the
Division of the State Architect in developing audit procedures and
"best practices." The current fee provision is set to sunset in
2018. This bill removes the sunset for the $1 state fee.
Analysis Prepared by:
Alison Merrilees / JUD. / (916) 319-2334 FN:
0000606