BILL ANALYSIS Ó AB 1342 Page 1 GOVERNOR'S VETO AB 1342 (Steinorth) As Enrolled September 9, 2015 2/3 vote -------------------------------------------------------------------- |ASSEMBLY: |78-0 |(June 3, 2015) |SENATE: |40-0 |(September 3, | | | | | | |2015) | | | | | | | | | | | | | | | -------------------------------------------------------------------- -------------------------------------------------------------------- |ASSEMBLY: |77-0 |(September 4, | | | | | | |2015) | | | | | | | | | | | | | | | | | | -------------------------------------------------------------------- Original Committee Reference: JUD. SUMMARY: Enacts a number of measures intended to promote disability access compliance. Specifically, this bill: AB 1342 Page 2 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). AB 1342 Page 3 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 AB 1342 Page 4 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 AB 1342 Page 5 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