Amended in Assembly January 11, 2016

Amended in Senate April 6, 2015

Senate BillNo. 269


Introduced bybegin delete Senatorend deletebegin insert Senators Roth andend insert Vidak

begin insert

(Principal coauthor: Senator Galgiani)

end insert
begin insert

(Coauthors: Senators Anderson, Moorlach, and Nielsen)

end insert
begin insert

(Coauthors: Assembly Members Cooper, Linder, and Olsen)

end insert

February 19, 2015


An act tobegin delete add Section 2640.2 to the Probate Code, relating to conservatorship.end deletebegin insert end insertbegin insertamend Sections 55.53 and 55.56 of the Civil Code, and to amend Sections 4459.7, 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, relating to disability access. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 269, as amended, begin deleteVidakend deletebegin insertRothend insert. begin deleteConservator appointments: compensation. end deletebegin insertDisability access.end insert

begin insert

(1) Existing law prohibits 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. Existing law specifies that a violation of construction-related accessibility standards personally encountered by a plaintiff may be sufficient to cause a denial of full and equal access if the plaintiff experienced difficulty, discomfort, or embarrassment because of the violation. Under existing law, a defendant is liable for actual damages plus minimum statutory damages for each instance of discrimination relating to a construction-related accessibility standard.

end insert
begin insert

This bill would establish a rebuttable presumption, for the purpose of an award of minimum statutory damages, that certain technical violations do not cause a plaintiff to experience difficulty, discomfort, or embarrassment, if specified conditions are met. This bill would also exempt a defendant from liability for minimum statutory damages with respect to a structure or area inspected by a certified access specialist for a period of 120 days if specified conditions are met. The bill would require a defendant who claims the benefit of this exemption to disclose the date and findings of any certified access specialist (CASp) inspection to the plaintiff.

end insert
begin insert

(2) 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 the State Architect to annually publish a list of CASps. 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 additionally require the State Architect to publish, and regularly update, easily accessible lists of businesses that file prescribed notices of inspection, and businesses which have been inspected by a CASp on or after January 1, 2017, including the date of the inspection. The bill would require the State Architect to develop a process by which a small business may notify the State Architect that a structure or area has had a CASp inspection and to develop a form for businesses to notify the public that the business has obtained a CASp inspection. The bill would also require applicants for CASp certification or renewal to additionally 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, and would require the Division of the State Architect to post that information on its Internet Web site.

end insert
begin insert

(3) 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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(4) The Permit Streamlining Act 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 of 1990, or to instead provide similar materials developed by the California Commission on Disability Access. 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 for which the applicant provides a copy of a disability access certificate, demonstrates that the project is necessary to address an alleged violation of a construction-related access standard or a violation noted in a CASp report, and, if project plans are necessary for approval, has had a CASp review the project plans for compliance with all applicable construction-related accessibility standards. The bill would declare that these provisions constitute a matter of statewide concern and would apply to charter cities and charter counties.

end insert
begin insert

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

end insert
begin insert

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 no reimbursement is required by this act for a specified reason.

end insert
begin delete

Existing law permits a conservator of the estate to petition the probate court for an order fixing and allowing compensation to the conservator for services rendered and to the attorney for services rendered. Existing law also permits a person who unsuccessfully petitioned for the appointment of a conservator to petition the probate court for an order fixing and allowing compensation to the person and the person’s attorney for services rendered in connection with the appointment of a conservator.

end delete
begin delete

This bill would permit a person who successfully petitioned for the appointment of a conservator, as specified, to petition the probate court for an order fixing and allowing compensation to the person and the person’s attorney for services rendered in connection with the appointment of a conservator.

end delete

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:

P4    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 55.53 of the end insertbegin insertCivil Codeend insertbegin insert is amended to
2read:end insert

3

55.53.  

(a) For purposes of this part, a certified access specialist
4shall, upon completion of the inspection of a site, comply with the
5following:

6(1) For a meets applicable standards site, if the CASp determines
7the site meets all applicable construction-related accessibility
8standards, the CASp shall provide a written inspection report to
9the requesting party that includes both of the following:

10(A) An identification and description of the inspected structures
11and areas of the site.

12(B) A signed and dated statement that includes both of the
13following:

14(i) A statement that, in the opinion of the CASp, the inspected
15structures and areas of the site meet construction-related
16accessibility standards. The statement shall clearly indicate whether
17the determination of the CASp includes an assessment of readily
18achievable barrier removal.

19(ii) If corrections were made as a result of the CASp inspection,
20an itemized list of all corrections and dates of completion.

21(2) For an inspected by a CASp site, if the CASp determines
22that corrections are needed to the site in order for the site to meet
P5    1all applicable construction-related accessibility standards, the
2CASp shall provide a signed and dated written inspection report
3to the requesting party that includes all of the following:

4(A) An identification and description of the inspected structures
5and areas of the site.

begin insert

6(B) The date of the inspection.

end insert
begin delete

7(B)

end delete

8begin insert(C)end insert A statement that, in the opinion of the CASp, the inspected
9structures and areas of the site need correction to meet
10construction-related accessibility standards. This statement shall
11clearly indicate whether the determination of the CASp includes
12an assessment of readily achievable barrier removal.

begin delete

13(C)

end delete

14begin insert(D)end insert An identification and description of the structures or areas
15of the site that need correction and the correction needed.

begin delete

16(D)

end delete

17begin insert(E)end insert A schedule of completion for each of the corrections within
18a reasonable timeframe.

begin insert

19(3) The CASp shall provide, within 30 days of the date of the
20inspection of a business that qualifies for the provisions of
21subparagraph (A) of paragraph (3) of subdivision (g) of Section
2255.56, a copy of a report prepared pursuant to that subparagraph
23to the business.

end insert
begin insert

24(4) The CASp shall file, within 10 days of inspecting a business
25pursuant to subparagraph (A) of paragraph (3) of subdivision (g)
26of Section 55.56, a notice with the State Architect for listing on
27the State Architect’s Internet Web site, as provided by subdivision
28(d) of Section 4459.7 of the Government Code, indicating that the
29CASp has inspected the business, the name and address of the
30business, the date of the filing, the date of the inspection of the
31business, the name and license number of the CASp, and a
32description of the structure or area inspected by the CASp.

end insert
begin insert

33(5) The CASp shall post the notice described in paragraph (4),
34in a form prescribed by the State Architect, in a conspicuous
35location within five feet of all public entrances to the building on
36the date of the inspection and instruct the business to keep it in
37place until the earlier of either of the following:

end insert
begin insert

38(A) One hundred twenty days after the date of the inspection.

end insert
begin insert

39(B) The date when all of the construction-related violations in
40the structure or area inspected by the CASp are corrected.

end insert

P6    1(b) For purposes of this section, in determining whether the site
2meets applicable construction-related accessibility standards when
3there is a conflict or difference between a state and federal
4provision, standard, or regulation, the state provision, standard, or
5regulation shall apply unless the federal provision, standard, or
6regulation is more protective of accessibility rights.

7(c) Every CASp who conducts an inspection of a place of public
8accommodation shall, upon completing the inspection of the site,
9provide the building owner or tenant who requested the inspection
10with the following notice, which the State Architect shall make
11available as a form on the State Architect’s Internet Web site:

1213NOTICE TO PRIVATE PROPERTY OWNER/TENANT:
14

15YOU ARE ADVISED TO KEEP IN YOUR RECORDS ANY
16WRITTEN INSPECTION REPORT AND ANY OTHER
17DOCUMENTATION CONCERNING YOUR PROPERTY SITE
18THAT IS GIVEN TO YOU BY A CERTIFIED ACCESS
19SPECIALIST.

20IF YOU BECOME A DEFENDANT IN A LAWSUIT THAT
21INCLUDES A CLAIM CONCERNING A SITE INSPECTED
22BY A CERTIFIED ACCESS SPECIALIST, YOU MAY BE
23ENTITLED TO A COURT STAY (AN ORDER TEMPORARILY
24STOPPING ANY LAWSUIT) OF THE CLAIM AND AN EARLY
25EVALUATION CONFERENCE.

26IN ORDER TO REQUEST THE STAY AND EARLY
27EVALUATION CONFERENCE, YOU WILL NEED TO VERIFY
28THAT A CERTIFIED ACCESS SPECIALIST HAS INSPECTED
29THE SITE THAT IS THE SUBJECT OF THE CLAIM. YOU
30 WILL ALSO BE REQUIRED TO PROVIDE THE COURT AND
31THE PLAINTIFF WITH THE COPY OF A WRITTEN
32INSPECTION REPORT BY THE CERTIFIED ACCESS
33SPECIALIST, AS SET FORTH IN CIVIL CODE SECTION
3455.54. THE APPLICATION FORM AND INFORMATION ON
35HOW TO REQUEST A STAY AND EARLY EVALUATION
36CONFERENCE MAY BE OBTAINED AT
37www.courts.ca.gov/selfhelp-start.htm.

38YOU ARE ENTITLED TO REQUEST, FROM A CERTIFIED
39ACCESS SPECIALIST WHO HAS CONDUCTED AN
40INSPECTION OF YOUR PROPERTY, A WRITTEN
P7    1INSPECTION REPORT AND OTHER DOCUMENTATION AS
2SET FORTH IN CIVIL CODE SECTION 55.53. YOU ARE ALSO
3ENTITLED TO REQUEST THE ISSUANCE OF A DISABILITY
4ACCESS INSPECTION CERTIFICATE, WHICH YOU MAY
5POST ON YOUR PROPERTY.


7(d) (1) Commencing July 1, 2010, a local agency shall employ
8or retain at least one building inspector who is a certified access
9specialist. The certified access specialist shall provide consultation
10to the local agency, permit applicants, and members of the public
11on compliance with state construction-related accessibility
12standards with respect to inspections of a place of public
13accommodation that relate to permitting, plan checks, or new
14construction, including, but not limited to, inspections relating to
15tenant improvements that may impact access. If a local agency
16employs or retains two or more certified access specialists to
17comply with this subdivision, at least one-half of the certified
18access specialists shall be building inspectors who are certified
19access specialists.

20(2) Commencing January 1, 2014, a local agency shall employ
21or retain a sufficient number of building inspectors who are
22certified access specialists to conduct permitting and plan check
23services to review for compliance with state construction-related
24accessibility standards by a place of public accommodation with
25respect to new construction, including, but not limited to, projects
26relating to tenant improvements that may impact access. If a local
27agency employs or retains two or more certified access specialists
28to comply with this subdivision, at least one-half of the certified
29access specialists shall be building inspectors who are certified
30access specialists.

31(3) If a permit applicant or member of the public requests
32consultation from a certified access specialist, the local agency
33may charge an amount limited to a reasonable hourly rate, an
34estimate of which shall be provided upon request in advance of
35the consultation. A local government may additionally charge or
36increase permitting, plan check, or inspection fees to the extent
37necessary to offset the costs of complying with this subdivision.
38Any revenues generated from an hourly or other charge or fee
39increase under this subdivision shall be used solely to offset the
40costs incurred to comply with this subdivision. A CASp inspection
P8    1pursuant to subdivision (a) by a building inspector who is a
2certified access specialist shall be treated equally for legal and
3evidentiary purposes as an inspection conducted by a private CASp.
4Nothing in this subdivision shall preclude permit applicants or any
5other person with a legal interest in the property from retaining a
6private CASp at any time.

7(e) (1) Every CASp who completes an inspection of a place of
8public accommodation shall, upon a determination that the site
9meets applicable standards pursuant to paragraph (1) of subdivision
10(a) or is inspected by a CASp pursuant to paragraph (2) of
11subdivision (a), provide the building owner or tenant requesting
12the inspection with a numbered disability access inspection
13certificate indicating that the site has undergone inspection by a
14certified access specialist. The disability access inspection
15certificate shall be dated and signed by the CASp inspector, and
16shall contain the inspector’s name and license number. Upon
17issuance of a certificate, the CASp shall record the issuance of the
18numbered certificate, the name and address of the recipient, and
19the type of report issued pursuant to subdivision (a) in a record
20book the CASp shall maintain for that purpose.

21(2) Beginning March 1, 2009, the State Architect shall make
22available for purchase by any local building department or CASp
23sequentially numbered disability access inspection certificates that
24are printed with a watermark or other feature to deter forgery and
25that comply with the information requirements specified in
26subdivision (a).

27(3) The disability access inspection certificate may be posted
28on the premises of the place of public accommodation, unless,
29following the date of inspection, the inspected site has been
30modified or construction has commenced to modify the inspected
31site in a way that may impact compliance with construction-related
32accessibility standards.

33(f) Nothing in this section or any other law is intended to require
34a property owner or tenant to hire a CASp. A property owner’s or
35tenant’s election not to hire a CASp shall not be admissible to
36prove that person’s lack of intent to comply with the law.

37begin insert

begin insertSEC. 2.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.

begin insert

23(e) (1) The following technical violations are presumed to not
24cause a person difficulty, discomfort, or embarrassment for the
25purpose of an award of minimum statutory damages in a
26construction-related accessibility claim, as set forth in subdivision
27(c), where the defendant is a small business, as described by
28subparagraph (B) of paragraph (2) of subdivision (g), the
29defendant has corrected, within 15 days of the service of a
30summons and complaint asserting a construction-related
31accessibility claim or receipt of a written notice, whichever is
32earlier, all of the technical violations that are the basis of the
33claim, and the claim is based on one or more of the following
34violations:

end insert
begin insert

35(A) Interior signs, other than directional signs or signs that
36identify the location of accessible elements, facilities, or features,
37when not all such elements, facilities, or features are accessible.

end insert
begin insert

38(B) The lack of exterior signs, other than parking signs and
39directional signs, including signs that indicate the location of
P10   1accessible pathways or entrance and exit doors when not all
2pathways, entrance and exit doors are accessible.

end insert
begin insert

3(C) The order in which parking signs are placed or the exact
4location or wording of parking signs, provided that the parking
5signs are clearly visible and indicate the location of accessible
6parking and van-accessible parking.

end insert
begin insert

7(D) The color of parking signs, provided that the color of the
8background contrasts with the color of the information on the sign.

end insert
begin insert

9(E) The color of parking lot striping, provided that it exists and
10provides sufficient contrast with the surface upon which it is
11applied to be reasonably visible.

end insert
begin insert

12(F) Faded, chipped, damaged, or deteriorated paint in otherwise
13fully compliant parking spaces and passenger access aisles in
14parking lots, provided that it indicates the required dimensions of
15a parking space or access aisle in a manner that is reasonably
16visible.

end insert
begin insert

17(G) The presence or condition of detectable warning surfaces
18on ramps, except where the ramp is part of a pedestrian path of
19travel that intersects with a vehicular lane or other hazardous
20area.

end insert
begin insert

21(2) The presumption set forth in paragraph (1) affects the
22plaintiff’s burden of proof and is rebuttable by evidence showing,
23by a preponderance of the evidence, that the plaintiff did, in fact,
24experience difficulty, discomfort, or embarrassment on the
25particular occasion as a result of one or more of the technical
26violations listed in paragraph (1).

end insert
begin delete

27(e)

end delete

28begin insert(f)end insert Statutory damages may be assessed pursuant to subdivision
29(a) based on each particular occasion that the plaintiff was denied
30full and equal access, and not upon the number of violations of
31construction-related accessibility standards identified at the place
32of public accommodation where the denial of full and equal access
33occurred. If the place of public accommodation consists of distinct
34facilities that offer distinct services, statutory damages may be
35assessed based on each denial of full and equal access to the distinct
36facility, and not upon the number of violations of
37construction-related accessibility standards identified at the place
38of public accommodation where the denial of full and equal access
39occurred.

begin delete

40(f)

end delete

P11   1begin insert(g)end insert (1) Notwithstanding any other law, a defendant’s liability
2for statutory damages in a construction-related accessibility claim
3against a place of public accommodation is reduced to a minimum
4of one thousand dollars ($1,000) for each offense if the defendant
5demonstrates that it has corrected all construction-related violations
6that are the basis of a claim within 60 days of being served with
7the complaint, and the defendant demonstrates any of the following:

8(A) The structure or area of the alleged violation was determined
9to be “CASp-inspected” or “meets applicable standards” and, to
10the best of the defendant’s knowledge, there were no modifications
11or alterations that impacted compliance with construction-related
12accessibility standards with respect to the plaintiff’s claim that
13were completed or commenced between the date of that
14determination and the particular occasion on which the plaintiff
15was allegedly denied full and equal access.

16(B) The structure or area of the alleged violation was the subject
17of an inspection report indicating “CASp determination pending”
18or “Inspected by a CASp,” and the defendant has either
19implemented reasonable measures to correct the alleged violation
20before the particular occasion on which the plaintiff was allegedly
21denied full and equal access, or the defendant was in the process
22of correcting the alleged violation within a reasonable time and
23manner before the particular occasion on which the plaintiff was
24allegedly denied full and equal access.

25(C) For a claim alleging a construction-related accessibility
26violation filed before January 1, 2018, the structure or area of the
27alleged violation was a new construction or an improvement that
28was approved by, and passed inspection by, the local building
29department permit and inspection process on or after January 1,
302008, and before January 1, 2016, and, to the best of the
31defendant’s knowledge, there were no modifications or alterations
32that impacted compliance with respect to the plaintiff’s claim that
33were completed or commenced between the completion date of
34the new construction or improvement and the particular occasion
35on which the plaintiff was allegedly denied full and equal access.

36(D) The structure or area of the alleged violation was new
37construction or an improvement that was approved by, and passed
38inspection by, a local building department official who is a certified
39access specialist, and, to the best of the defendant’s knowledge,
40there were no modifications or alterations that affected compliance
P12   1with respect to the plaintiff’s claim that were completed or
2commenced between the completion date of the new construction
3or improvement and the particular occasion on which the plaintiff
4was allegedly denied full and equal access.

5(2) Notwithstanding any other law, a defendant’s liability for
6statutory damages in a construction-related accessibility claim
7against a place of public accommodation is reduced to a minimum
8of two thousand dollars ($2,000) for each offense if the defendant
9demonstrates both of the following:

10(A) The defendant has corrected all construction-related
11violations that are the basis of a claim within 30 days of being
12served with the complaint.

13(B) The defendant is a small business that has employed 25 or
14fewer employees on average over the past three years, or for the
15years it has been in existence if less than three years, as evidenced
16by wage report forms filed with the Economic Development
17Department, and has average annual gross receipts of less than
18three million five hundred thousand dollars ($3,500,000) over the
19previous three years, or for the years it has been in existence if
20less than three years, as evidenced by federal or state income tax
21returns. The average annual gross receipts dollar amount shall be
22adjusted biannually by the Department of General Services for
23changes in the California Consumer Price Index for All Urban
24Consumers, as compiled by the Department of Industrial Relations.
25The Department of General Services shall post that adjusted
26 amount on its Internet Web site.

begin insert

27(3) (A) Notwithstanding any other law, a defendant shall not
28be liable for minimum statutory damages in a construction-related
29accessibility claim, with respect to a violation noted in a report
30by a certified access specialist (CASp), for a period of 120 days
31following the date of the inspection if the defendant demonstrates
32compliance with each of the following:

end insert
begin insert

33(i) The defendant is a business that has employed 50 or fewer
34employees on average over the past three years, or for the years
35it has been in existence if less than three years, as evidenced by
36wage report forms filed with the Employment Development
37Department.

end insert
begin insert

38(ii) The structure or area of the alleged violation was the subject
39of an inspection report indicating “CASp determination pending”
40or “Inspected by a CASp.”

end insert
begin insert

P13   1(iii) The inspection predates the filing of the claim by, or receipt
2of a demand letter from, the plaintiff regarding the alleged
3violation of a construction-related accessibility standard, and the
4defendant was not on notice of the alleged violation prior to the
5CASp inspection.

end insert
begin insert

6(iv) The defendant has corrected, within 120 days of the date
7of the inspection, all construction-related violations in the structure
8or area inspected by the CASp that are noted in the CASp report
9that are the basis of the claim.

end insert
begin insert

10(B) Notwithstanding any other law, a defendant who claims the
11benefit of the reduction of, or protection from liability for, minimum
12statutory damages under this subdivision shall disclose the date
13and findings of any CASp inspection to a plaintiff if relevant to a
14claim or defense in an action.

end insert
begin insert

15(4) A defendant may claim the protection from liability for
16minimum statutory damages under paragraph (3) only once for
17each structure or area inspected by a CASp, unless the inspected
18structure or area has undergone modifications or alterations that
19affect the compliance with construction-related accessibility
20standards of those structures or areas after the date of the last
21inspection, and the defendant obtains an additional CASp
22inspection within 30 days of final approval by the building
23department or certificate of occupancy, as appropriate, regarding
24the modification or alterations.

end insert
begin insert

25(5) If the defendant has failed to correct, within 120 days of the
26date of the inspection, all construction-related violations in the
27structure or area inspected by the CASp that are noted in the CASp
28report, the defendant shall not receive any protection from liability
29for minimum statutory damages pursuant to paragraph (3), unless
30a building permit is required for the repairs which cannot
31reasonably be completed by the defendant within 120 days and
32the defendant is in the process of correcting the violations noted
33in the CASp report, as evidenced by having, at least, an active
34building permit necessary for the repairs to correct the violation
35that was noted, but not corrected, in the CASp report and all of
36the repairs are completed within 180 days of the date of the
37inspection.

end insert
begin delete

38(3)

end delete

39begin insert(6)end insert This subdivision shall not be applicable to intentional
40violations.

begin delete

P14   1(4)

end delete

2begin insert(7)end insert Nothing in this subdivision affects the awarding of actual
3damages, or affects the awarding of treble actual damages.

begin delete

4(5)

end delete

5begin insert(8)end insert This subdivision shall apply only to claims filed on or after
6the effective date ofbegin delete Senate Bill 1186 of the 2011-12 Regular
7Session of the Legislature.end delete
begin insert Chapter 383 of the Statutes of 2012,
8except for paragraphs (3), (4), and (5), which shall apply only to
9claims filed on or after January 1, 2017.end insert
Nothing in this
10subdivision is intended to affect a complaint filed beforebegin delete that date.end delete
11begin insert those dates, as applicable.end insert

begin delete

12(g)

end delete

13begin insert(h)end insert This section does not alter the applicable law for the
14awarding of injunctive or other equitable relief for a violation or
15violations of one or more construction-related accessibility
16standards, nor alter any legal obligation of a party to mitigate
17damages.

begin delete

18(h)

end delete

19begin insert(i)end insert In assessing liability under subdivision (d), in an action
20alleging multiple claims for the same construction-related
21accessibility violation on different particular occasions, the court
22shall consider the reasonableness of the plaintiff’s conduct in light
23of the plaintiff’s obligation, if any, to mitigate damages.

begin insert

24(j) For purposes of this section, the “structure or area
25inspected” means one of the following: the interior of the premises,
26the exterior of the premises, or both the interior and exterior.

end insert
27begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 4459.7 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
28to read:end insert

29

4459.7.  

(a) begin insert(1)end insertbegin insertend insert No later than October 31 of each year, the
30State Architect shall publish and make available to the public a
31list of certified access specialists who have met the requirements
32of Section 4459.5.begin delete This list shall include a written disclaimer of
33liability as specified in subdivision (b).end delete

begin insert

34(2) The State Architect shall publish and regularly update on
35its Internet Web site easily accessible lists of all of the following:

end insert
begin insert

36(A) Businesses that have obtained a CASp inspection and have
37filed, or a CASp has filed on their behalf, a notice pursuant to
38paragraph (4) of subdivision (a) of Section 55.53 of the Civil Code.

end insert
begin insert

P15   1(B) Businesses which have been inspected by a certified access
2specialist on or after January 1, 2017, including the date of the
3inspection.

end insert
begin insert

4(3) The lists required pursuant to this section shall include a
5written disclaimer of liability as specified in subdivision (b).

end insert

6(b) Notwithstanding any other provision of law, a state agency
7or employee of a state agency may not be held liable for any injury
8or damages resulting from any service provided by a certified
9access specialist whose name appears on the list published pursuant
10to subdivision (a).

11(c) The State Architect may perform periodic audits of work
12performed by a certified access specialist as deemed necessary to
13ensure the desired standard of performance. A certified access
14specialist shall provide an authorized representative of the State
15Architect with complete access, at any reasonable hour of the day,
16to all technical data, reports, records, photographs, design outlines
17and plans, and files used in building inspection and plan review,
18with the exception of proprietary and confidential information.

begin insert

19(d) By January 1, 2017, the State Architect shall develop a
20process by which a certified access specialist (CASp) may notify
21the State Architect that a structure or area on the premises of a
22business has been inspected by a CASp and to notify the public
23that the business has a “CASp determination pending,” or has
24been “Inspected by a CASp,” as provided by paragraph (3) of
25subdivision (g) of Section 55.56 of the Civil Code, which shall
26include the name and address of the business, the date of the
27notification, the date of the inspection of the business, the name
28and license number of the CASp, and a description of the structure
29or area inspected by a CASp.

end insert
begin insert

30(e) By January 1, 2017, the State Architect shall develop a form
31for a business to notify the public that the business has obtained
32a CASp inspection pursuant to paragraph (3) of subdivision (g)
33of Section 55.56 of the Civil Code, which shall include the date of
34the notification, the date of the inspection, and a description of
35the structure or area inspected by a CASp.

end insert
begin insert

36(f) For purposes of this section, the “structure or area
37inspected” means one of the following: the interior of the premises,
38the exterior of the premises, or both the interior and exterior.

end insert
39begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 4459.8 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
40to read:end insert

P16   1

4459.8.  

(a) The certification authorized by Section 4459.5 is
2effective for three years from the date of initial certification and
3expires if not renewed. The State Architect, upon consideration of
4any factual complaints regarding the work of a certified access
5specialist or of other relevant information, may suspend
6certification or deny renewal of certification.

7(b) (1) The State Architect shall require each applicant for
8certification as a certified access specialist tobegin delete payend deletebegin insert do both of the
9following:end insert

10begin insert(A)end insertbegin insertend insertbegin insertPayend insert fees, including an application and course fee and an
11examination fee, at a level sufficient to meet the costs of application
12processing, registration, publishing a list, and other activities that
13are reasonably necessary to implement and administer the certified
14access specialist program.begin delete Theend delete

begin insert

15(B) Provide to the State Architect the name of the city, county,
16or city and county in which the applicant intends to provide
17services.

end insert

18begin insert(2)end insertbegin insertend insertbegin insertTheend insert State Architect shall require each applicant for renewal
19of certification tobegin delete payend deletebegin insert do both of the following:end insert

20begin insert(A)end insertbegin insertend insertbegin insertPayend insert a fee sufficient to cover the reasonable costs of
21reassessing qualifications of renewal applicants.

begin insert

22(B) Provide to the State Architect the name of the city, county,
23or city and county in which the applicant has provided services
24since the last day of certification by the State Architect.

end insert
begin delete

25(2)

end delete

26begin insert(3)end insert The State Architect shall periodically reviewbegin delete itsend deletebegin insert his or herend insert
27 schedule of fees to ensure thatbegin delete itsend deletebegin insert theend insert fees for certification are not
28excessive while covering the costs to administer the certified access
29specialist program. The application fee for a California licensed
30architect, landscape architect, civil engineer, or structural engineer
31shall not exceed two hundred fifty dollars ($250).

32(c) All fees collected pursuant to this section shall be deposited
33into the Certified Access Specialist Fund, which is hereby created
34in the State Treasury. Notwithstanding Section 13340, this fund
35is continuously appropriated without regard to fiscal years for use
36by the State Architect to implement Sections 4459.5 to 4459.8,
37inclusive.

begin insert

38(d) The State Architect shall post on his or her Internet Web
39site the name of the city, county, or city and county in which each
40certified access specialist provides or intends to provide services.

end insert
P17   1begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 8299.06 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
2to read:end insert

3

8299.06.  

(a) A priority of the commission shall be the
4development and dissemination of educational materials and
5information to promote and facilitate disability access compliance.

6(b) The commission shall work with other state agencies,
7including the Division of the State Architect and the Department
8of Rehabilitation, to develop educational materials and information
9for use by businesses to understand its obligations to provide
10disability access and to facilitate compliance with
11construction-related accessibility standards.

12(c) The commission shall develop and make available on its
13Internet Web site, or make available on its Internet Web site if
14developed by another governmental agency, including Americans
15with Disabilities Act centers, toolkits or educational modules to
16assist a California business to understand its obligations under the
17law and to facilitate compliance with respect to the top 10 alleged
18construction-related violations, by type, as specified in subdivision
19(a) of Section 8299.08. Upon completion of this requirement, the
20commission shall develop and make available on its Internet Web
21site, or work with another agency to develop, other toolkits or
22educational modules that would educate businesses of the
23accessibility requirements and to facilitate compliance with that
24requirement.

25(d) The commission shall postbegin insert the followingend insert on its Internet Web
26begin delete site educationalend deletebegin insert site:end insert

27begin insert(1)end insertbegin insertend insertbegin insertEducationalend insert materials and information that will assist
28building owners, tenants, building officials, and building inspectors
29to understand the disability accessibility requirements and to
30facilitate compliance with disability access laws. The commission
31shall at least annually review the educational materials and
32information on disability access requirements and compliance
33available on the Internet Web site of other local, state, or federal
34agencies, including Americans with Disabilities Act centers, to
35augment the educational materials and information developed by
36the commission.

begin insert

37(2) A link to the Internet Web site of the Division of the State
38Architect’s certified access specialist (CASp) program to assist
39building owners and tenants in locating or hiring a CASp.

end insert

P18   1(e) The commission shall, to the extent feasible, coordinate with
2other state agencies and local building departments to ensure that
3information provided to the public on disability access requirements
4is uniform andbegin delete complete.end deletebegin insert complete, and make its educational
5materials and information available to those agencies and
6departments.end insert

7begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 65941.6 is added to the end insertbegin insertGovernment Codeend insertbegin insert, to
8read:end insert

begin insert
9

begin insert65941.6.end insert  

(a) Each local agency shall develop materials
10relating to the requirements of the federal Americans with
11Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.). The local
12agency shall provide these materials to an applicant along with
13notice that approval of a permit does not signify that the applicant
14has complied with the federal Americans with Disabilities Act of
151990.

16(b) For the purposes of complying with the requirements of
17subdivision (a), a local agency may, in lieu of developing its own
18materials, provide applicants with those materials which the
19California Commission on Disability Access has developed and
20made available pursuant to Section 8299.06.

end insert
21begin insert

begin insertSEC. 7.end insert  

end insert

begin insertArticle 4 (commencing with Section 65946) is added
22to Chapter 4.5 of Division 1 of Title 7 of the end insert
begin insertGovernment Codeend insertbegin insert,
23to read:end insert

begin insert

24 

25Article begin insert4.end insert  Expedited Review
26

 

27

begin insert65946.end insert  

(a) For the purposes of this section, the following
28definitions shall apply:

29(1) “Certified access specialist” or “CASp” means any person
30who has been certified pursuant to Section 4459.5.

31(2) “Construction-related accessibility standard” means a
32provision, standard, or regulation under state or federal law
33requiring compliance with standards for making new construction
34and existing facilities accessible to persons with disabilities,
35including, but not limited to, any provision, standard, or regulation
36set forth in Section 51, 54, 54.1, or 55 of the Civil Code, Section
3719955.5 of the Health and Safety Code, the California Building
38Standards Code (Title 24 of the California Code of Regulations),
39the federal Americans with Disabilities Act of 1990 (Public Law
40101-336; 42 U.S.C. Sec. 12101 et seq.), and the federal Americans
P19   1with Disabilities Act Accessibility Guidelines (Appendix A to Part
236 of Title 28 of the Code of Federal Regulations).

3(3) “Written inspection report” means the CASp report required
4to be provided pursuant to subdivision (a) of Section 55.53 of the
5Civil Code.

6(b) A local agency shall expedite review of a project application
7if the project applicant meets all of the following conditions:

8(1) The applicant provides a copy of a disability access
9inspection certificate, provided by a CASp pursuant to subdivision
10(e) of Section 55.53 of the Civil Code, pertaining to the site of the
11proposed project.

12(2) The applicant demonstrates that the proposed project is
13necessary to address either an alleged violation of a
14construction-related accessibility standard or a violation noted in
15a written inspection report.

16(3) If project plans are necessary for the approval of a project,
17the applicant has had a CASp review the project plans for
18compliance with all applicable construction-related accessibility
19standards.

end insert
20begin insert

begin insertSEC. 8.end insert  

end insert
begin insert

The Legislature finds and declares that Sections 6 and
217 of this act, pertaining to the review and approval of development
22permit applications, constitute matters of statewide concern, and
23shall apply to charter cities and charter counties. These sections
24shall supersede any inconsistent provisions in the charter of any
25city, county, or city and county.

end insert
26begin insert

begin insertSEC. 9.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant to
27Section 6 of Article XIII B of the California Constitution for certain
28costs because a local agency or school district has the authority
29to levy service charges, fees, or assessments sufficient to pay for
30the program or level of service mandated by this act, within the
31meaning of Section 17556 of the Government Code.

end insert
begin delete
32

SECTION 1.  

Section 2640.2 is added to the Probate Code, to
33read:

34

2640.2.  

(a) When a conservator nominated by a third party is
35appointed by the court, but not before the expiration of 90 days
36from the issuance of letters, the person who has petitioned for the
37appointment of that conservator and that person’s attorney may
38petition the court for an order fixing and allowing compensation
39and reimbursement of costs.

P20   1(b) Notice of the time and place of the hearing shall be given
2at least 15 days before the day of the hearing in the manner
3provided in Chapter 3 (commencing with Section 1460) of Part 1.

4(c) At the hearing, the court shall make an order to allow both
5of the following:

6(1) Any compensation or costs requested in the petition the court
7determines is just and reasonable to the person who petitioned for
8the appointment of a conservator for the person’s services rendered
9in connection with and to facilitate the appointment of the
10conservator, and costs incurred in connection therewith.

11(2) Any compensation or costs requested in the petition the court
12determines is just and reasonable to the attorney for that person,
13for the attorney’s services rendered in connection with and to
14facilitate the appointment of the conservator, and costs incurred
15in connection therewith.

16(d) Any compensation and costs allowed shall be charged to
17the estate of the conservatee. If a conservator of the estate is not
18appointed, but a conservator of the person is appointed, the
19compensation and costs allowed shall be ordered by the court to
20be paid from property belonging to the conservatee, whether held
21outright, in trust, or otherwise.

end delete


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