Amended in Senate May 4, 2015

Senate BillNo. 251


Introduced by Senator Roth

February 18, 2015


An act to amend Sectionsbegin delete 52 andend delete 55.52begin delete ofend deletebegin insert and 55.56 of, and to add Sections 55.535 and 1938.5 to,end insert the Civil Code,begin insert to amend Sections 4459.8 and 8299.06 of, to add Section 65941.6 to, and to add Article 4 (commencing with Section 65946) to Chapter 4.5 of Division 1 of Title 7 of, the Government Code, and to add and repeal Sections 17053.43 and 23643 of the Revenue and Taxation Code,end insert relating to disability access.

LEGISLATIVE COUNSEL’S DIGEST

SB 251, as amended, Roth. Civil rights: disability access.

begin delete

Existing

end delete

begin insert (1)end insertbegin insertend insertbegin insertExistingend insert lawbegin delete establishes remedies forend deletebegin insert prohibitsend insert discrimination on the basis of various specified personal characteristics, including disability. The Construction-Related Accessibility Standards Compliance Act establishes standards for making new construction and existing facilities accessible to persons with disabilities and provides for construction-related accessibility claims for violations of those standards.begin insert Existing law requires certified access specialists (CASps), upon completion of an inspection of a site, to issue a written inspection report for the site, as specified. Existing law provides, upon being served with a summons and complaint asserting a construction-related accessibility claim, that a defendant may file a request for a court stay and early evaluation conference in the proceedings, as specified.end insert

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This bill would make technical, nonsubstantive changes to these provisions.

end delete
begin insert

This bill would provide that a business is not liable for violating a construction-related liability standard if the business is an inspected by a CASp site and the violation is corrected within 90 days of receiving the above-described written inspection report from a CASp. If the alleged violation is a minor matter, as provided, the bill would provide that the business is not liable for the alleged violation if the violation is corrected within 30 days of service of a summons and complaint in a construction-related accessibility claim or receipt of a written notice, whichever is earlier.

end insert
begin insert

(2) Existing law establishes remedies for discrimination on the basis of personal characteristics. Under existing law, a defendant is liable for actual damages plus an additional amount, up to three times actual damages but no less than $4,000, for each offense. A defendant’s liability for statutory damages for a violation of a construction-related accessibility standard may be reduced to $1,000 for each offense if the defendant demonstrates, among other things, that it has corrected the construction-related violations within 60 days of being served with the complaint. Under existing law, a person who interferes with the rights of an individual with disabilities, as provided, is liable for actual damages plus an additional amount, up to three times actual damages but no less than $1,000, for each offense.

end insert
begin insert

This bill would provide that a defendant is not liable for statutory damages for more than one offense if the defendant is a microbusiness, as defined, and has corrected the construction-related violation prior to the filing of the lawsuit.

end insert
begin insert

(3) Under existing federal law, a landlord and tenant are both responsible for compliance with the federal Americans with Disabilities Act and implementing regulations. The parties to a lease agreement may allocate responsibility by the lease or other contract. Existing law 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 inspected by a certified access specialist and, if so, whether or not the property has been determined to meet all applicable construction-related accessibility standards.

end insert
begin insert

This bill would require a commercial property owner to state on every lease form or rental agreement executed on or after January 1, 2016, that the owner or lessor and the tenant are both responsible for compliance with the Americans with Disabilities Act and that responsibility for compliance may be allocated between the parties by the terms of the lease or other contract.

end insert
begin insert

(4) Existing law requires the State Architect to establish and publicize a program for the voluntary certification by the state of any person who meets specified criteria as a CASp. Existing law requires each applicant for CASp certification or renewal to pay certain fees, and requires the State Architect to periodically review those fees, as specified. Existing law 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.

end insert
begin insert

This bill would require applicants for CASp certification or renewal to additionally provide to the State Architect information about the city, county, or city and county in which the applicant intends to provide or has provided services, and would require the Division of the State Architect to post that information on its Internet Web site.

end insert
begin insert

(5) Existing law establishes the California Commission on Disability Access for purposes of developing recommendations to enable persons with disabilities to exercise their right to full and equal access to public facilities and facilitating business compliance with applicable state and federal laws and regulations. Existing law sets forth the powers and duties of the commission, including developing educational materials and information for businesses, building owners, tenants, and building officials, posting that information on the commission’s Internet Web site, and coordinating with other state agencies and local building departments to ensure that information provided to the public on disability access requirements is uniform and complete.

end insert
begin insert

This bill would additionally require the commission 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 make the commission’s educational materials and information available to other state agencies and local building departments.

end insert
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(6) The Planning and Zoning Law establishes procedures for the application, and review of an application, for a development project. Existing law requires a public agency to notify applicants for development permits of specified information, including the time limits established for the review and approval of development permits.

end insert
begin insert

This bill would additionally require local agencies to develop and provide to applicants materials relating to the requirements of the federal Americans with Disabilities Act. The bill would require a local agency to notify an applicant that approval of a permit does not signify that the applicant has complied with that act. The bill would also require local agencies to expedite review of projects that have received a written report from a CASp indicating that the site meets applicable CASp standards, as specified. The bill would declare that these provisions constitute a matter of statewide concern and shall apply to charter cities and charter counties.

end insert
begin insert

By imposing additional duties on local agencies with respect to the receipt and review of applications for development projects, this bill would impose a state-mandated local program.

end insert
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(7) Existing federal law allows a credit against federal income taxes for eligible small businesses for eligible access expenditures, as those terms are defined, in an amount equal to 50% of eligible access expenditures for a taxable year that exceed $250 but do not exceed $10,250. The Personal Income Tax Law and the Corporation Tax Law allow a credit against the taxes imposed by those laws for the amount paid or incurred for eligible access expenditures in an amount equal to 50% of eligible access expenditures for a taxable year as do not exceed $250, as specified.

end insert
begin insert

This bill would, for taxable years beginning on or after January 1, 2016, and before January 1, 2023, allow a credit under both the Personal Income Tax Law and the Corporation Tax Law for eligible access expenditures in an amount equal to 50% of eligible access expenditures for a taxable year, as specified. If the taxpayer is a microbusiness, as defined, the bill would provide that the credit is the amount calculated pursuant to these provisions, plus an additional $5,000.

end insert
begin insert

(8) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end insert
begin insert

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

end insert

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

The people of the State of California do enact as follows:

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P4    1

SECTION 1.  

Section 52 of the Civil Code is amended to read:

2

52.  

(a) Whoever denies, aids or incites a denial, or makes any
3discrimination or distinction contrary to Section 51, 51.5, or 51.6,
P5    1is liable for each offense for the actual damages suffered by any
2person denied those rights and both of the following:

3(1) An amount to be determined by a jury, or a court sitting
4without a jury, not more than three times the amount of actual
5damages but not less than four thousand dollars ($4,000).

6(2) Attorney’s fees as may be determined by the court.

7(b) Whoever denies the right provided by Section 51.7 or 51.9,
8or aids, incites, or conspires in that denial, is liable for each offense
9for the actual damages suffered by any person denied that right
10and, in addition, the following:

11(1) An amount to be determined by a jury, or a court sitting
12without a jury, for exemplary damages.

13(2) A civil penalty of twenty-five thousand dollars ($25,000)
14to be awarded to the person denied the right provided by Section
1551.7 in an action brought by the person denied the right, or by the
16Attorney General, a district attorney, or a city attorney. An action
17for that penalty brought pursuant to Section 51.7 shall be
18commenced within three years of the alleged practice.

19(3) Attorney’s fees as may be determined by the court.

20(c) Whenever there is reasonable cause to believe that a person
21or group of persons is engaged in conduct of resistance to the full
22enjoyment of any of the rights described in this section, and that
23conduct is of that nature and is intended to deny the full exercise
24of those rights, the Attorney General, a district attorney, a city
25attorney, or any person aggrieved by the conduct may bring a civil
26action in the appropriate court by filing with it a complaint. The
27complaint shall contain the following:

28(1) The signature of the officer, or, in his or her absence, the
29individual acting on behalf of the officer, or the signature of the
30person aggrieved.

31(2) The facts pertaining to the conduct.

32(3) A request for preventive relief, including an application for
33a permanent or temporary injunction, restraining order, or other
34order against the person or persons responsible for the conduct, as
35the complainant deems necessary to ensure the full enjoyment of
36the rights described in this section.

37(d) Whenever an action has been commenced in a court seeking
38relief from the denial of equal protection of the laws under the
39Fourteenth Amendment to the Constitution of the United States
40on account of race, color, religion, sex, national origin, or disability,
P6    1the Attorney General, district attorney, or city attorney for or in
2the name of the people of the State of California may intervene in
3the action upon timely application if the Attorney General, district
4attorney, or city attorney certifies that the case is of general public
5importance. In that action, the people of the State of California
6shall be entitled to the same relief as if it had instituted the action.

7(e) Actions brought pursuant to this section are independent of
8any other actions, remedies, or procedures that may be available
9to an aggrieved party pursuant to any other law.

10(f) Any person claiming to be aggrieved by an alleged unlawful
11practice in violation of Section 51 or 51.7 may also file a verified
12complaint with the Department of Fair Employment and Housing
13pursuant to Section 12948 of the Government Code.

14(g) This section does not require any construction, alteration,
15repair, structural or otherwise, or modification beyond that
16construction, alteration, repair, or modification that is otherwise
17required by other provisions of law, to any new or existing
18establishment, facility, building, improvement, or any other
19structure, nor does this section augment, restrict, or alter in any
20way the authority of the State Architect to require construction,
21alteration, repair, or modifications that the State Architect otherwise
22possesses pursuant to other laws.

23(h) For the purposes of this section, “actual damages” means
24special and general damages. This subdivision is declaratory of
25existing law.

26(i) Subdivisions (b) to (f), inclusive, shall not be waived by
27contract except as provided in Section 51.7.

end delete
28

begin deleteSEC. 2.end delete
29begin insertSECTION 1.end insert  

Section 55.52 of the Civil Code is amended to
30read:

31

55.52.  

(a) For purposes of this part, the following definitions
32apply:

33(1) “Construction-related accessibility claim” means a civil
34claim in a civil action with respect to a place of public
35accommodation, including, but not limited to, a claim brought
36under Section 51, 54, 54.1, or 55, based wholly or in part on an
37alleged violation of any construction-related accessibility standard,
38as defined in paragraph (6).

P7    1(2) “Application for stay and early evaluation conference” means
2an application to be filed with the court that meets the requirements
3of subdivision (c) of Section 55.54.

4(3) “Certified access specialist” or “CASp” means any person
5who has been certified pursuant to Section 4459.5 of the
6Government Code.

7(4) “Meets applicable standards” means the site was inspected
8by a CASp and determined to meet all applicable
9construction-related accessibility standards pursuant to paragraph
10(1) of subdivision (a) of Section 55.53. A site that is “CASp
11inspected” on or before the effective date of the amendments made
12to this section by Chapter 383 of the Statutes of 2012 means that
13the site “meets applicable standards.”

14(5) “Inspected by a CASp” means the site was inspected by a
15CASp and is pending a determination by the CASp that the site
16meets applicable construction-related accessibility standards
17pursuant to paragraph (2) of subdivision (a) of Section 55.53. A
18site that is “CASp determination pending” on or before the effective
19date of the amendments made to this section by Chapter 383 of
20the Statutes of 2012 means that the site was “inspected by a CASp.”

21(6) “Construction-related accessibility standard” means a
22provision, standard, or regulation under state or federal law
23requiring compliance with standards for making new construction
24and existing facilities accessible to persons with disabilities,
25including, but not limited to, any provision, standard, or regulation
26set forth in Section 51, 54, 54.1, or 55 of this code, Section 19955.5
27of the Health and Safety Code, the California Building Standards
28Code (Title 24 of the California Code of Regulations), the federal
29Americans with Disabilities Act of 1990 (Public Law 101-336; 42
30U.S.C. Sec. 12101 et seq.), and the federal Americans with
31Disabilities Act Accessibility Guidelines (Appendix A to Part 36
32of Title 28 of the Code of Federal Regulations).

33(7) “Place of public accommodation” has the same meaning as
34begin delete “public accommodation,” as set forthend deletebegin insert definedend insert in Section 12181(7)
35of Title 42 of the United States Code and the federal regulations
36adopted pursuant to that section.

37(8) “Qualified defendant” means a defendant in an action that
38includes a construction-related accessibility claim that is asserted
39against a place of public accommodation that met the requirements
40of “meets applicable standards” or “inspected by a CASp” prior
P8    1to the date the defendant was served with the summons and
2complaint in that action. To be a qualified defendant, the defendant
3is not required to have been the party who hired any CASp, so
4long as the basis of the alleged liability of the defendant is a
5construction-related accessibility claim. To determine whether a
6defendant is a qualified defendant, the court need not make a
7finding that the place of public accommodation complies with all
8applicable construction-related accessibility standards as a matter
9of law. The court need only determine that the place of public
10accommodation has a status of “meets applicable standards” or
11“inspected by a CASp.”

12(9) “Site” means a place of public accommodation.

begin insert

13(10) “Microbusiness” has the same meaning as defined in
14Section 14837 of the Government Code.

end insert

15(b) Unless otherwise indicated, terms used in this part relating
16to civil procedure have the same meanings that those terms have
17in the Code of Civil Procedure.

18begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 55.535 is added to the end insertbegin insertCivil Codeend insertbegin insert, end insertimmediately
19following Section 55.53begin insert, to read:end insert

begin insert
20

begin insert55.535.end insert  

(a) (1) A business shall not be liable for violating a
21construction-related liability standard if the business is an
22inspected by a CASp site and the alleged violation is corrected
23within 90 days of the date of the written inspection report required
24pursuant to subdivision (a) of Section 55.53.

25(2) A business shall not be liable for a violation of a
26construction-related accessibility standard if the alleged violation
27is a minor matter and is corrected within 30 days of the service of
28a summons and complaint asserting a construction-related
29accessibility claim or receipt of a written notice, whichever is
30earlier. For the purposes of this paragraph, “minor matter” shall
31be limited to a violation concerning interior and exterior signage,
32the color and condition of parking lot paint striping, and truncated
33domes.

34(b) For the purposes of the period provided for in paragraph
35(2) of subdivision (a), a written notice shall be deemed received
36when it is delivered to the business premises.

end insert
37begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 55.56 of the end insertbegin insertCivil Codeend insertbegin insert is amended to read:end insert

38

55.56.  

(a) Statutory damages under either subdivision (a) of
39Section 52 or subdivision (a) of Section 54.3 may be recovered in
40a construction-related accessibility claim against a place of public
P9    1accommodation only if a violation or violations of one or more
2construction-related accessibility standards denied the plaintiff
3full and equal access to the place of public accommodation on a
4particular occasion.

5(b) A plaintiff is denied full and equal access only if the plaintiff
6personally encountered the violation on a particular occasion, or
7the plaintiff was deterred from accessing a place of public
8accommodation on a particular occasion.

9(c) A violation personally encountered by a plaintiff may be
10 sufficient to cause a denial of full and equal access if the plaintiff
11experienced difficulty, discomfort, or embarrassment because of
12the violation.

13(d) A plaintiff demonstrates that he or she was deterred from
14accessing a place of public accommodation on a particular occasion
15only if both of the following apply:

16(1) The plaintiff had actual knowledge of a violation or
17violations that prevented or reasonably dissuaded the plaintiff from
18accessing a place of public accommodation that the plaintiff
19intended to use on a particular occasion.

20(2) The violation or violations would have actually denied the
21plaintiff full and equal access if the plaintiff had accessed the place
22of public accommodation on that particular occasion.

23(e) Statutory damages may be assessed pursuant to subdivision
24(a) based on each particular occasion that the plaintiff was denied
25full and equal access, and not upon the number of violations of
26construction-related accessibility standards identified at the place
27of public accommodation where the denial of full and equal access
28occurred. If the place of public accommodation consists of distinct
29facilities that offer distinct services, statutory damages may be
30assessed based on each denial of full and equal access to the distinct
31facility, and not upon the number of violations of
32construction-related accessibility standards identified at the place
33of public accommodation where the denial of full and equal access
34occurred.

35(f) (1) Notwithstanding any other law, a defendant’s liability
36for statutory damages in a construction-related accessibility claim
37against a place of public accommodation is reduced to a minimum
38of one thousand dollars ($1,000) for each offense if the defendant
39demonstrates that it has corrected all construction-related violations
P10   1that are the basis of a claim within 60 days of being served with
2the complaint, and the defendant demonstrates any of the following:

3(A) The structure or area of the alleged violation was determined
4to be “CASp-inspected” or “meets applicable standards” and, to
5the best of the defendant’s knowledge, there were no modifications
6or alterations that impacted compliance with construction-related
7accessibility standards with respect to the plaintiff’s claim that
8were completed or commenced between the date of that
9determination and the particular occasion on which the plaintiff
10was allegedly denied full and equal access.

11(B) The structure or area of the alleged violation was the subject
12of an inspection report indicating “CASp determination pending”
13or “Inspected by a CASp,” and the defendant has either
14implemented reasonable measures to correct the alleged violation
15before the particular occasion on which the plaintiff was allegedly
16denied full and equal access, or the defendant was in the process
17of correcting the alleged violation within a reasonable time and
18manner before the particular occasion on which the plaintiff was
19allegedly denied full and equal access.

20(C) For a claim alleging a construction-related accessibility
21violation filed before January 1, 2018, the structure or area of the
22alleged violation was a new construction or an improvement that
23was approved by, and passed inspection by, the local building
24department permit and inspection process on or after January 1,
252008, and before January 1, 2016, and, to the best of the
26defendant’s knowledge, there were no modifications or alterations
27that impacted compliance with respect to the plaintiff’s claim that
28were completed or commenced between the completion date of
29the new construction or improvement and the particular occasion
30on which the plaintiff was allegedly denied full and equal access.

31(D) The structure or area of the alleged violation was new
32construction or an improvement that was approved by, and passed
33inspection by, a local building department official who is a certified
34access specialist, and, to the best of the defendant’s knowledge,
35there were no modifications or alterations that affected compliance
36with respect to the plaintiff’s claim that were completed or
37commenced between the completion date of the new construction
38or improvement and the particular occasion on which the plaintiff
39was allegedly denied full and equal access.

P11   1(2) Notwithstanding any other law, a defendant’s liability for
2statutory damages in a construction-related accessibility claim
3against a place of public accommodation is reduced to a minimum
4of two thousand dollars ($2,000) for each offense if the defendant
5demonstrates both of the following:

6(A) The defendant has corrected all construction-related
7violations that are the basis of a claim within 30 days of being
8served with the complaint.

9(B) The defendant is a small business that has employed 25 or
10fewer employees on average over the past three years, or for the
11years it has been in existence if less than three years, as evidenced
12by wage report forms filed with the Economic Development
13Department, and has average annual gross receipts of less than
14three million five hundred thousand dollars ($3,500,000) over the
15previous three years, or for the years it has been in existence if
16less than three years, as evidenced by federal or state income tax
17returns. The average annual gross receipts dollar amount shall be
18adjusted biannually by the Department of General Services for
19 changes in the California Consumer Price Index for All Urban
20Consumers, as compiled by the Department of Industrial Relations.
21The Department of General Services shall post that adjusted
22amount on its Internet Web site.

23(3) This subdivision shall not be applicable to intentional
24violations.

25(4) Nothing in this subdivision affects the awarding of actual
26damages, or affects the awarding of treble actual damages.

27(5) This subdivision shall apply only to claims filed on or after
28the effective date of Senate Bill 1186 of the 2011-12 Regular
29Session of the Legislature. Nothing in this subdivision is intended
30to affect a complaint filed before that date.

begin insert

31(g) Notwithstanding any other law, including, but not limited
32to, Sections 52 and 54.3, a defendant in a construction-related
33accessibility claim against a place of public accommodation shall
34not be liable for statutory damages for more than one offense if
35the site is a microbusiness, as that term is defined in paragraph
36(10) of subdivision (a) of Section 55.52, and the defendant has
37corrected the violation prior to the filing of the lawsuit.

end insert
begin delete

38(g)

end delete

39begin insert(h)end insert This section does not alter the applicable law for the
40awarding of injunctive or other equitable relief for a violation or
P12   1violations of one or more construction-related accessibility
2standards, nor alter any legal obligation of a party to mitigate
3damages.

begin delete

4(h)

end delete

5begin insert(i)end insert In assessing liability under subdivision (d), in an action
6alleging multiple claims for the same construction-related
7accessibility violation on different particular occasions, the court
8shall consider the reasonableness of the plaintiff’s conduct in light
9of the plaintiff’s obligation, if any, to mitigate damages.

10begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 1938.5 is added to the end insertbegin insertCivil Codeend insertbegin insert, to read:end insert

begin insert
11

begin insert1938.5.end insert  

A commercial property owner or lessor shall state on
12every lease form or rental agreement executed on or after January
131, 2016, that, pursuant to Section 36.201 of Title 28 of the Code
14of Federal Regulations, the owner or lessor and the tenant are
15both responsible for compliance with the Americans with
16Disabilities Act (42 U.S.C. Sec. 12101 et seq.) and that
17responsibility for compliance may be allocated between the parties
18by the terms of the lease or other contract.

end insert
19begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 4459.8 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
20to read:end insert

21

4459.8.  

(a) The certification authorized by Section 4459.5 is
22effective for three years from the date of initial certification and
23expires if not renewed. The State Architect, upon consideration of
24any factual complaints regarding the work of a certified access
25specialist or of other relevant information, may suspend
26certification or deny renewal of certification.

27(b) (1) The State Architect shall require each applicant for
28certification as a certified access specialist tobegin delete payend deletebegin insert do the following:end insert

29begin insert(A)end insertbegin insertend insertbegin insertPayend insert fees, including an application and course fee and an
30examination fee, at a level sufficient to meet the costs of application
31processing, registration, publishing a list, and other activities that
32are reasonably necessary to implement and administer the certified
33access specialist program.begin delete Theend delete

begin insert

34(B) Provide to the State Architect information about the city,
35county, or city and county in which the applicant intends to provide
36services.

end insert

37begin insert(2)end insertbegin insertend insertbegin insertTheend insert State Architect shall require each applicant for renewal
38of certification tobegin delete payend deletebegin insert do the following:end insert

39begin insert(A)end insertbegin insertend insertbegin insertPayend insert a fee sufficient to cover the reasonable costs of
40reassessing qualifications of renewal applicants.

begin insert

P13   1(B) Provide to the State Architect information about the city,
2county, or city and county in which the applicant has provided
3services since the last day of certification by the State Architect.

end insert
begin delete

4(2)

end delete

5begin insert(3)end insert The State Architect shall periodically review its schedule
6of fees to ensure that its fees for certification are not excessive
7while covering the costs to administer the certified access specialist
8program. The application fee for a California licensed architect,
9landscape architect, civil engineer, or structural engineer shall not
10exceed two hundred fifty dollars ($250).

11(c) All fees collected pursuant to this section shall be deposited
12into the Certified Access Specialist Fund, which is hereby created
13in the State Treasury. Notwithstanding Section 13340, this fund
14is continuously appropriated without regard to fiscal years for use
15by the State Architect to implement Sections 4459.5 to 4459.8,
16inclusive.

begin insert

17(d) The State Architect shall post on his or her Internet Web
18site information about the city, county, or city and county in which
19each certified access specialist provides or intends to provide
20services.

end insert
21begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 8299.06 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
22to read:end insert

23

8299.06.  

(a) A priority of the commission shall be the
24development and dissemination of educational materials and
25information to promote and facilitate disability access compliance.

26(b) The commission shall work with other state agencies,
27including the Division of the State Architect and the Department
28of Rehabilitation, to develop educational materials and information
29for use by businesses to understand its obligations to provide
30disability access and to facilitate compliance with
31construction-related accessibility standards.

32(c) The commission shall develop and make available on its
33Internet Web site, or make available on its Internet Web site if
34developed by another governmental agency, including Americans
35with Disabilities Act centers, toolkits or educational modules to
36assist a California business to understand its obligations under the
37law and to facilitate compliance with respect to the top 10 alleged
38construction-related violations, by type, as specified in subdivision
39(a) of Section 8299.08. Upon completion of this requirement, the
40commission shall develop and make available on its Internet Web
P14   1site, or work with another agency to develop, other toolkits or
2educational modules that would educate businesses of the
3accessibility requirements and to facilitate compliance with that
4requirement.

5(d) The commission shall postbegin insert the followingend insert on its Internet Web
6begin delete site educationalend deletebegin insert site:end insert

7begin insert(1)end insertbegin insertend insertbegin insertEducationalend insert materials and information that will assist
8building owners, tenants, building officials, and building inspectors
9to understand the disability accessibility requirements and to
10facilitate compliance with disability access laws. The commission
11shall at least annually review the educational materials and
12information on disability access requirements and compliance
13available on the Internet Web site of other local, state, or federal
14agencies, including Americans with Disabilities Act centers, to
15augment the educational materials and information developed by
16the commission.

begin insert

17(2) A link to the Internet Web site of the Division of the State
18Architect’s Certified Access Specialist (CASp) Program to assist
19building owners and tenants in locating or hiring a CASp.

end insert

20(e) The commission shall, to the extent feasible, coordinate with
21other state agencies and local building departments to ensure that
22information provided to the public on disability access requirements
23is uniform andbegin delete complete.end deletebegin insert complete, and make its educational
24materials and information available to those agencies and
25departments.end insert

26begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 65941.6 is added to the end insertbegin insertGovernment Codeend insertbegin insert, to
27read:end insert

begin insert
28

begin insert65941.6.end insert  

Each local agency shall develop materials relating
29to the requirements of the Americans with Disabilities Act (42
30U.S.C. Sec. 12101 et seq.). The local agency shall provide these
31materials to an applicant along with notice that approval of a
32permit does not signify that the applicant has complied with the
33Americans with Disabilities Act.

end insert
34begin insert

begin insertSEC. 8.end insert  

end insert

begin insertArticle 4 (commencing with Section 65946) is added
35to Chapter 4.5 of Division 1 of Title 7 of the end insert
begin insertGovernment Codeend insertbegin insert,
36to read:end insert

begin insert

P15   1 

2Article begin insert4.end insert  Expedited Review
3

 

4

begin insert65946.end insert  

(a) For the purposes of this section, the following
5definitions shall apply:

6(1) “Certified access specialist” or “CASp” means any person
7who has been certified pursuant to Section 4459.5.

8(2) “Construction-related accessibility standard” means a
9provision, standard, or regulation under state or federal law
10requiring compliance with standards for making new construction
11and existing facilities accessible to persons with disabilities,
12including, but not limited to, any provision, standard, or regulation
13set forth in Section 51, 54, 54.1, or 55 of the Civil Code, Section
1419955.5 of the Health and Safety Code, the California Building
15Standards Code (Title 24 of the California Code of Regulations),
16the federal Americans with Disabilities Act of 1990 (Public Law
17101-336; 42 U.S.C. Sec. 12101 et seq.), and the federal Americans
18with Disabilities Act Accessibility Guidelines (Appendix A to Part
1936 of Title 28 of the Code of Federal Regulations).

20(3) “Meets applicable standards” means the site was inspected
21by a CASp and determined to meet all applicable
22 construction-related accessibility standards pursuant to paragraph
23(1) of subdivision (a) of Section 55.53.

24(4) “Place of public accommodation” has the same meaning
25as defined in Section 12181(7) of Title 42 of the United States Code
26and the federal regulations adopted pursuant to that section.

27(5) “Site” means a place of public accommodation.

28(6) “Written inspection report” means the report required to
29be provided pursuant to subdivision (a) of Section 55.53 of the
30Civil Code.

31(b) A local agency shall expedite review of a project application
32if the applicant provides a written inspection report provided by
33a CASp indicating that the project is a site that meets applicable
34standards.

end insert
35begin insert

begin insertSEC. 9.end insert  

end insert

begin insertSection 17053.43 is added to the end insertbegin insertRevenue and Taxation
36Code
end insert
begin insert, to read:end insert

begin insert
37

begin insert17053.43.end insert  

(a) (1) For each taxable year beginning on or after
38January 1, 2016, and before January 1, 2023, there shall be
39allowed to a taxpayer a credit against the “net tax,” as defined in
P16   1Section 17039, for the amount paid or incurred for eligible access
2expenditures in excess of two hundred fifty dollars ($250).

3(2) (A) Except as specified in subparagraph (B), the credit shall
4be in an amount equal to 50 percent of the difference between the
5total eligible access expenditures incurred by a taxpayer that do
6not exceed ten thousand two hundred fifty dollars ($10,250) and
7two hundred fifty dollars ($250).

8(B) For a taxpayer that is a microbusiness, the credit shall be
9in an amount equal to the amount calculated pursuant to
10subparagraph (A), plus an additional five thousand dollars
11($5,000).

12(b) For the purposes of this section, the following definitions
13shall apply:

14(1) “Eligible access expenditures” has the same meaning as
15defined in Section 44 of the Internal Revenue Code except that the
16amounts may be paid or incurred by a taxpayer other than an
17eligible small business.

18(2) “Microbusiness” has the same meaning as defined in Section
1914837 of the Government Code.

20(c) In the case where the credit allowed by this section exceeds
21the “net tax,” the excess may be carried over to reduce the “net
22tax” in the following year, and the succeeding six years, if
23necessary, until the credit is exhausted.

24(d) The Franchise Tax Board may prescribe rules, guidelines,
25or procedures necessary or appropriate to carry out the purposes
26of this section, including any guidelines regarding the
27substantiation of the credit allowed by this section. Chapter 3.5
28(commencing with Section 11340) of Part 1 of Division 3 of Title
292 of the Government Code does not apply to any rule, guideline,
30or procedure prescribed by the Franchise Tax Board pursuant to
31this section.

32(e) This section shall remain in effect only until December 1,
332023, and as of that date is repealed.

end insert
34begin insert

begin insertSEC. 10.end insert  

end insert

begin insertSection 23643 is added to the end insertbegin insertRevenue and Taxation
35Code
end insert
begin insert, to read:end insert

begin insert
36

begin insert23643.end insert  

(a) (1) For each taxable year beginning on or after
37January 1, 2016, and before January 1, 2023, there shall be
38allowed a credit to a taxpayer against the “tax,” as defined in
39Section 23036, for the amount paid or incurred for eligible access
40expenditures in excess of two hundred fifty dollars ($250).

P17   1(2) (A) Except as specified in subparagraph (B), the credit shall
2be in an amount equal to 50 percent of the difference between the
3total eligible access expenditures incurred by a taxpayer that do
4not exceed ten thousand two hundred fifty dollars ($10,250) and
5two hundred fifty dollars ($250).

6(B) For a taxpayer that is a microbusiness, the credit shall be
7in an amount equal to the amount calculated pursuant to
8subparagraph (A), plus an additional five thousand dollars
9($5,000).

10(b) For the purposes of this section, the following definitions
11shall apply:

12(1) “Eligible access expenditures” has the same meaning as
13defined in Section 44 of the Internal Revenue Code except that the
14amounts may be paid or incurred by a taxpayer other than an
15eligible small business.

16(2) “Microbusiness” has the same meaning as defined in Section
1714837 of the Government Code.

18(c) In the case where the credit allowed by this section exceeds
19the “tax,” the excess may be carried over to reduce the “tax” in
20the following year, and the succeeding six years, if necessary, until
21the credit is exhausted.

22(d) The Franchise Tax Board may prescribe rules, guidelines,
23or procedures necessary or appropriate to carry out the purposes
24of this section, including any guidelines regarding the
25substantiation of the credit allowed by this section. Chapter 3.5
26(commencing with Section 11340) of Part 1 of Division 3 of Title
272 of the Government Code does not apply to any rule, guideline,
28or procedure prescribed by the Franchise Tax Board pursuant to
29this section.

30(e) This section shall remain in effect only until December 1,
312023, and as of that date is repealed.

end insert
32begin insert

begin insertSEC. 11.end insert  

end insert

begin insertThe Legislature finds and declares that Sections 7
33and 8 of this act, pertaining to the review and approval of
34development permit applications, constitute matters of statewide
35concern, and shall apply to charter cities and charter counties.
36These Sections shall supersede any inconsistent provisions in the
37charter of any city, county, or city and county.end insert

38begin insert

begin insertSEC. 12.end insert  

end insert

begin insertIt is the intent of the Legislature to make the findings
39required by Section 41 of the Revenue and Taxation Code with
40respect to the tax credits allowed by Sections 9 and 10 of this act.end insert

P18   1begin insert

begin insertSEC. 13.end insert  

end insert
begin insert

If the Commission on State Mandates determines that
2this act contains costs mandated by the state, reimbursement to
3local agencies and school districts for those costs shall be made
4pursuant to Part 7 (commencing with Section 17500) of Division
54 of Title 2 of the Government Code.

end insert


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