BILL ANALYSIS Ó
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GOVERNOR'S VETO
AB
1342 (Steinorth)
As Enrolled September 9, 2015
2/3 vote
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|ASSEMBLY: |78-0 |(June 3, 2015) |SENATE: |40-0 |(September 3, |
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|ASSEMBLY: |77-0 |(September 4, | | | |
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Original Committee Reference: JUD.
SUMMARY: Enacts a number of measures intended to promote
disability access compliance. Specifically, this bill:
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1)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.
2)Requires the California Commission on Disability Access
(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.
3)Requires a commercial property owner to state on every lease
form or rental agreement executed after January 1, 2016,
additional information to the tenant or lessor about the
condition of the rented or leased property.
4)Requires the Commission to establish a permanent legislative
outreach coordinator position and a permanent educational
outreach coordinator position.
The Senate amendments:
1)Delete the provision removing the sunset (currently December
31, 2018) on the requirement for a city, county, or city and
county to collect a $1 business license fee, 70% of the fee,
and deposit the remaining 30% of the fee into the Disability
Access and Education Revolving Fund, a continuously
appropriated fund.
2)Apply the new disclosure provisions to leases executed after
January 1, 2016 (rather than July 1, 2016).
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3)Delete the provision appropriating the sum of $120,000 from
the General Fund to the commission for the 2015-16 fiscal year
for the purpose of establishing two permanent outreach
coordinator positions.
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 Senate Appropriations
Committee, commission 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 Fund).
COMMENTS: The author contends that the Commission - since its
inception - has been tasked with additional responsibilities
without corresponding increases in funding. In 2012, the
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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.
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.
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
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owner or tenant to take proactive steps in reaching compliance
with disability access laws by promoting communication between
the commercial parties.
GOVERNOR'S VETO MESSAGE:
This bill would require a commercial property owner to include
in lease forms or rental agreements a statement disclosing if
the premises had been inspected by a certified access
specialist.
I support the idea of providing owners and tenants the
opportunity to address accessibility problems. This bill,
however, also establishes two permanent positions funded from
the General Fund, something more appropriately addressed in the
annual budget process.
Analysis Prepared by:
Alison Merrilees / JUD. / (916) 319-2334 FN:
0002486