BILL ANALYSIS
AB 2516
Page 1
Date of Hearing: May 4, 2010
ASSEMBLY COMMITTEE ON JUDICIARY
Mike Feuer, Chair
AB 2516 (Hill) - As Amended: April 27, 2010
SUBJECT : Community Development: Housing Discrimination
KEY ISSUE : Should the Department of Housing and Community
Development establish a Task Force to develop strategies to
increase the amount of housing that is BOTH accessible to the
elderly and disabled and near public transit?
FISCAL EFFECT : As currently in print this bill is keyed fiscal.
SYNOPSIS
This author-sponsored bill seeks to enlarge the supply of
housing that is both accessible to elderly and disabled persons
and close to public transit stations. The author points out
that the elderly and disabled, especially those who must use
wheelchairs, not only need housing that is designed to
accommodate their needs, but that they also rely to a greater
extent than others on public transit. This bill, therefore,
would require the Department of Housing & Community Development
to establish an Accessible Housing Task Force that will develop
strategies for increasing the amount of housing that meets
existing accessibility building requirements and is located
within a half-mile of public transit stations. The Task Force
would be required to submit a report of its findings and
recommendations to the Legislature no later than June 30, 2012.
The author contends that this Task Force is especially timely in
light of the enactment of SB 375 (Chapter 728, Stats. of 2008),
which, among other things, encourages the development of
residential housing near transit lines in order to reduce long
automobile commutes and the resulting greenhouse gas emissions.
As more housing is constructed near public transit stations
pursuant to SB 375, the author hopes that this bill will ensure
that a necessary portion of that housing will be accessible to
the elderly and persons with disabilities. There is no known
opposition to this bill.
SUMMARY : Establishes the Accessible Housing Task Force within
in the Department of Housing and Community Development for the
purpose of identifying strategies for expanding the amount of
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housing that is available to elderly and disabled persons near
public transit. Specifically, this bill :
1)Makes numerous findings and declarations relating to the
demography of age and disability in California, the needs of
the elderly and the disabled for accessibly-built housing near
public transit, and the relative shortage of such housing both
presently and in anticipation of future needs.
2)Requires the Department of Housing and Community Development
to establish the Accessible Housing Task Force in order to
expand the amount of housing near public transit that is
accessible and habitable by persons of all ages and abilities.
3)Provides that the Task Force shall include representatives
from several entities, both public and private, as specified.
4)Requires the Task Force to produce a report that does all of
the following:
a) Recommend strategies to improve the identification and
marketing of multifamily dwelling units that comply with
the state's disabled accessibility building standards for
multifamily dwelling units.
b) Recommend policies that cities, counties, and the state
could adopt to encourage voluntary construction of new
units or the retrofit of existing units so that they are
accessible to the elderly and disabled and within one-half
mile of transit stations.
c) Recommend voluntary design options, possible revisions
to building code regulations, local incentive options, and
any suggested statutory changes that are needed to improve
the accessibility of new and existing dwelling units that
are located within one-half mile of transit stations.
5)Requires the Task Force to prepare and submit a report with
its findings and recommendations to the Legislature no later
than June 30, 2012.
6)Specifies that the above provisions shall be carried out only
to the extent that funding is available.
EXISTING LAW :
AB 2516
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1)Makes it unlawful, under the California Fair Employment and
Housing Act (FEHA), to discriminate against any person in
housing accommodation on the basis of race, color, religion,
sex, sexual orientation, marital status, national origin,
ancestry, familial status, source of income, or disability of
that person. (Government Code Section 12955.)
2)Defines "discrimination," for purposes of FEHA, to include a
failure to design and construct a "covered multifamily
dwelling," as defined, in a manner that allows access to, and
use by, disabled persons. Provides further that
"discrimination" also includes a failure to design and
construct at least 10 percent of "multistory dwelling units,"
as defined, in a manner that incorporates an accessible route
to the primary entry level and which meets other accessibility
requirements, as specified. (Government Code Section
12955.1.)
3)Encourages, through the development of priority transit
projects, the construction of residential projects in
mixed-used developments that are within one-half mile of a
major transit stop or high quality transit corridor. (Public
Resources Code Section 21155 et seq.)
COMMENTS : This bill seeks to enlarge the supply of housing that
is both accessible to elderly and disabled persons and close to
public transit stations. According to the author, elderly and
disabled persons, especially those who must use wheelchairs,
need housing that has accessible entrances on the ground floor
level and adequate space and design features for maneuvering
wheelchairs and other mobility devices. In addition, the
elderly and persons with disabilities also tend to have greater
need of public transit services than the population at large.
However, the author believes, California presently lacks an
adequate supply of housing that is both accessible and close to
public transit.
This bill, therefore, would establish an Accessible Housing Task
Force within the Department of Housing and Community
Development. The Task Force members would include
representatives of various public and private entities with
expertise in building and construction design, local government
planning, and the needs of the elderly and disabled. The Task
Force will be required to prepare and submit a report to the
Legislature no later than June 30, 2012. The report would
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include recommendations on the following: (1) Strategies for
developing residential units that comply with the state's
existing accessibility building requirements; (2) Policies that
cities, counties, and the state could adopt to encourage
construction of new accessible units that are within one-half
mile of a transit station; and (3) Voluntary design options and
incentives, possible revisions to building codes, and other
statutory and regulatory changes that will encourage the
construction of accessible dwelling units that are located
within a half-mile of public transit stations. The bill
specifies that that Task Force shall carry out its duties to the
extent that funding is made available through local, regional,
federal, or private sources.
ARGUMENTS IN SUPPORT : The author argues that this bill is
especially timely in light of the enactment of SB 375 in 2008.
(Steinberg, Chapter 728, Stats. of 2008.) That legislation, in
order to help the state meet its goal of reducing greenhouse
grass emissions and creating more efficient and sustainable
communities, enacted a number of measures designed to encourage
higher density, mixed-use developments near public transit
lines. The author believes that as the state moves to encourage
more housing near public transit stations, it should also take
steps to ensure these new developments will include housing that
is accessible to the elderly and disabled persons.
The California Commission on Aging (CCA) supports this bill
because it will encourage "strategies that will improve the
availability and marketability of housing that is accessible to
both persons with disabilities and the elderly."
REGISTERED SUPPORT / OPPOSITION :
Support
California Commission on Aging
Designing Accessible Communities
Two individuals
Opposition
None on file
Analysis Prepared by : Thomas Clark / JUD. / (916) 319-2334