BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                       AB 1342|
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                                   THIRD READING 


          Bill No:  AB 1342
          Author:   Steinorth (R), et al.
          Amended:  8/31/15 in Senate
          Vote:     27  

           SENATE GOVERNMENTAL ORG. COMMITTEE:  12-0, 6/29/15
           AYES:  Hall, Berryhill, Block, Gaines, Glazer, Hernandez, Hill,  
            Hueso, Lara, McGuire, Runner, Vidak
           NO VOTE RECORDED:  Galgiani

           SENATE JUDICIARY COMMITTEE:  7-0, 7/14/15
           AYES:  Jackson, Moorlach, Anderson, Hertzberg, Leno, Monning,  
            Wieckowski

           SENATE APPROPRIATIONS COMMITTEE:  7-0, 8/27/15
           AYES:  Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen

           ASSEMBLY FLOOR:  78-0, 6/3/15 - See last page for vote

           SUBJECT:   Disability access


          SOURCE:    Author
          
          DIGEST:    This bill requires a commercial property owner or  
          lessor to state on every lease form or rental agreement executed  
          on or after January 1, 2016, whether or not the subject premises  
          have undergone inspection by a Certified Access Specialist  
          (CASp), as specified.  In addition, this bill requires the  
          California Commission on Disability Access (CCDA) to establish a  
          permanent legislative outreach coordinator position and a  
          permanent educational outreach coordinator position.









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          ANALYSIS:
          
          Existing law:

          1)Establishes the CCDA, 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 State Architect to establish and publicize a  
            program for the voluntarily certification by the state of any  
            person who meets specified criteria as a CASp.

          3)Requires each applicant for CASp certification or renewal to  
            pay certain fees, and requires the State Architect to  
            periodically review those fees, as specified.

          4)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.

          5)Requires, until December 31, 2018, 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.  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.  Requires each local entity collecting the  
            fee to make an annual report on the fees to the Legislature  
            and to the chairs of specified committees, as specified.

          6)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.

          This bill:








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          1)Requires a commercial property owner or lessor to state on  
            every lease form or rental agreement executed on or after  
            January 1, 2016, whether or not the subject premises have  
            undergone inspection by CASp.

          2)Requires the commercial property owner, if the subject  
            premises have undergone inspection by a CASp, to provide,  
            prior to the execution of the lease or rental agreement, a  
            copy of any report prepared by the CASp in response to that  
            inspection to the lessee or tenant.

          3)Requires if, the subject premises have been issued an  
            inspection report by a CASp, the commercial property owner or  
            lessor to provide a copy of the inspection report by a CASp  
            and any inspection report to the lessee or tenant, not already  
            provided, within seven days of the date of the execution of  
            the lease form or rental agreement.

          4)Requires, if the subject premises have not been issued a  
            disability access inspection certificate, the property owner  
            or lessor to include a statement on the rental agreement that,  
            upon request of the lessee or tenant, the property owner may  
            not prohibit a CASp inspection of the subject premises at the  
            lessee's or tenant's expense and that the parties must  
            mutually agree on the time and manner of the inspection.

          5)Requires applicants for CASp certification or renewal to pay  
            to the State Architect a fee sufficient to cover the  
            reasonable costs of reassessing qualifications of renewal  
            applicants and to 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.  

          6)Requires the State Architect to post the name of the city,  
            county, or city and county in which the applicant intends to  
            provide or has provided services on his or her Internet Web  
            site.

          7)Requires the CCDA 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 to make the CCDA's  
            educational materials and information available to other state  
            agencies and local building departments.








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          8)Requires the CCDA to establish a permanent legislative  
            outreach coordinator position and a permanent educational  
            outreach coordinator position.

          Background

          Purpose of the bill.  According to the author "AB 1342 takes  
          several actions relating to CASp inspections. It was noted to  
          our office by persons involved in the business community that it  
          can be difficult to identify CASp inspectors in their area who  
          may inspect their property."   AB 1342 requires CASp applicants  
          to provide the State Architect information about the location of  
          where he or she will be providing those services and requires  
          the State Architect to post that information on the State  
          Architect's Internet Web site.

          Finally the author argues that, "the bill also requires property  
          owners to provide tenants with any copies of CASp inspections  
          that have occurred, so that tenants may be aware of any  
          potential access violations.  If a CASp inspection has not  
          occurred, as it is not required by state law, property owners  
          must state on the lease agreements that the tenant may seek a  
          CASp inspection if they desire, at their own expense.  The  
          purpose of this requirement is to increase awareness that these  
          inspections are available, providing tenants the opportunity to  
          proactively ensure that the property is compliant with the  
          American with Disabilities Act (ADA)."

          History of CCDA.  In 2008, the Legislature passed SB 1608  
          (Corbett, Chapter 549, Statutes of 2008) which established the  
          CCDA as part of a bipartisan package of reforms shaped by  
          discussions from disability rights advocates, attorneys for  
          plaintiffs and defendants, and business interests. According to  
          their mission statement, the CCDA's mission is to promote  
          disability access in California through dialogue and  
          collaboration with stakeholders including but not limited to the  
          disability and business community and all levels of government. 


          According to the author 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  







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          portions of SB 1608 were dependent on the continued funding of  
          the Commission.  The author of AB 1342 contends that the CCDA  
          since its inception has been tasked with additional  
          responsibilities without corresponding increases in funding.


          Locating 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, the current list does not specify 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, AB 1342 requires the State  
          Architect to publish information on his or her Internet Web  
          site.


          Compliance with Disability laws.  Under current 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, current law may unintentionally create  
          a disincentive for a business property owner to obtain CASp  
          services.  The additional information provided under this bill  
          might allow commercial tenants to better understand the state of  
          the leased property, and hopefully allow the commercial property  
          owner or tenant to take proactive steps in reaching compliance  
          with disability access laws.


          Prior/Related Legislation
          
          AB 52 (Gray, 2015) provides that the defendant's maximum  
          liability for statutory damages in a construction-related  
          accessibility claim against a place of public accommodation is  
          $1,000 for each offense if the defendant has corrected all  
          construction-related violations within 180 days of being served  
          with the complaint.  (Held in Assembly Judiciary Committee)

          AB 54 (Olsen, 2015) requires a plaintiff who has been denied  
          access to a public accommodation because of a  
          construction-related accessibility violation of a standard which  







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          has changed in the past three years to give notice to the  
          defendant 60 days before filing a complaint and an opportunity  
          to cure the violation, with no statutory damages payable to the  
          plaintiff; and provides a tax credit under the Personal Income  
          Tax Law and the Corporation Tax Law to any taxpayer who obtains  
          a certified access specialist inspection.  (Held in Assembly  
          Revenue and Taxation Committee)

          AB 1230 (Gomez, 2015) establishes the California Americans with  
          Disabilities Act Small Business Compliance Act to provide loans  
          to assist small businesses finance the costs of projects that  
          alter or retrofit existing small business facilities to comply  
          with the federal American with Disabilities Act.  (Pending in  
          Senate Governmental Organization Committee)

          AB 1468 (Baker, 2015) provides that a public entity's possession  
          of a close out letter from the State Architect certifying that  
          the buildings, facilities, and other places meet the applicable  
          construction-related accessibility standards of the federal  
          Americans with Disabilities Act, serves as presumptive evidence  
          of compliance with the federal Americans with Disabilities Act.   
          (Held in Assembly Judiciary Committee)

          SB 67 (Galgiani, 2015) exempts a small business from statutory  
          damage liability in connection with a construction-related  
          accessibility claim and extends the period for correcting  
          construction-related violations that are the basis of a claim  
          from 60 days to 120 days of being served with the complaint, for  
          purposes of reducing a defendant's minimum statutory damage  
          liability to $1,000.  (Held in Senate Judiciary Committee)

          SB 1608 (Corbett, Chapter 549, Statutes of 2008) enacted the  
          CCDA and various other reforms intended to increase voluntary  
          compliance with longstanding state and federal laws requiring  
          access to the disabled in any place of public accommodation.

          FISCAL EFFECT:   Appropriation:    Yes         Fiscal  
          Com.:YesLocal:   Yes


          According to the Senate Appropriations Committee, CCDA staff  
          costs of $240,000 annually beginning in 2016-17 ongoing (General  
          Fund) and minor costs to the Division of the State Architect to  
          collect CASp information and post it on a Web site (General  







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          Fund).




          SUPPORT:   (Verified8/28/15)


          American Institute of Architects California Council
          Building Owners and Managers Association of California
          California Building Industry Association
          California Business Properties Association
          California Chamber of Commerce
          California Commission on Disability Access
          Commercial Real Estate Development Association, NAIOP of  
          California
          Consumer Attorneys of California
          International Council of Shopping Centers
          National Federation of Independent Businesses


          OPPOSITION:   (Verified8/28/15)


          None received

          ASSEMBLY FLOOR:  78-0, 6/3/15
          AYES:  Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,  
            Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang,  
            Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle,  
            Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina  
            Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,  
            Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden,  
            Irwin, Jones, Kim, Lackey, Levine, Linder, Lopez, Low,  
            Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin,  
            Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea,  
            Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago,  
            Steinorth, Mark Stone, Ting, Wagner, Waldron, Weber, Wilk,  
            Williams, Wood, Atkins
          NO VOTE RECORDED:  Jones-Sawyer, Thurmond

          Prepared by:Felipe Lopez / G.O. / (916) 651-1530
          8/31/15 12:47:47








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