BILL ANALYSIS �
AB 1879
Page 1
Date of Hearing: April 10, 2012
ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER
PROTECTION
Mary Hayashi, Chair
AB 1879 (Beth Gaines) - As Introduced: February 22, 2012
SUBJECT : Disability access: State Architect.
SUMMARY : Requires the State Architect (SA) to prepare a report
containing all federal and state disability access regulations
and noting any state disability access regulations that are in
direct conflict with federal disability access regulations.
Specifically, this bill :
1)Requires the SA to prepare a report containing all federal and
state disability access regulations and noting all state
disability access regulations that are in direct conflict with
federal disability access regulations.
2)Requires the SA make this report available to the Governor and
the Legislature no later than January 1, 2014, in the form
determined to be least costly.
3)Specifies "direct conflict" includes, but is not limited to,
the situation in which federal regulations impose differing
standards than those imposed by state regulations.
4)Sunsets these provisions on January 1, 2017.
EXISTING LAW :
1)Requires the Division of the SA to develop and submit building
standards regulations, including regulations to increase
accessibility to buildings, structures, sidewalks, and curbs
by persons with disabilities.
2)Requires the standards be at least as high as those
promulgated under the federal Americans with Disabilities Act
(ADA).
3)Requires the Division of the SA to submit proposed amendments
to the California Code of Regulations to the United States
Department of Justice to ensure that California's
accessibility building standards are consistent with federal
AB 1879
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regulations.
FISCAL EFFECT : Unknown
COMMENTS :
Purpose of this bill . According to the author, "California
businesses are extremely vulnerable to lawsuit abusers. The
complex and inconsistent regulations regarding disability access
make it difficult for willing business owners to comply with the
strict regulations. Approximately 98% of California businesses
are out of compliance with state or federal disability access
laws. This is harmful to both individuals with a disability
seeking access and businesses that are exposed to civil actions.
"As California continually adds and changes disability access
regulations it is difficult for business to keep up. There are
instances when state regulations are in conflict with federal
regulations, making it even more difficult for businesses to be
compliant.
"AB 1879 instructs the SA to compile a list of all federal and
state disability access regulations. Additionally, it specifies
that any conflicts in state and federal regulations be
identified. The report will be due to the Governor and
Legislature by January 1, 2014 in the least costly form."
Background . Businesses are often sued over violations of the
state's full and equal access laws, although the extent to which
justice is currently served is debatable. This bill requires
the SA to report conflicts between state and federal ADA
regulations to the Governor and the Legislature.
The Division of the SA provides access compliance services for
public schools and state-funded construction; develops and
maintains vital reference resources to assist clients in meeting
accessibility standards; assists in the administration of
Certified Access Specialist program and other programs; and
develops access-related building code amendments.
Support . The Civil Justice Association of California writes
support, "The rules governing the ADA are lengthy and
complicated. In some cases the Federal law and California law
conflict, and the business owner is held to an inconsistent
AB 1879
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standard. Every year, California updates its accessibility
requirements. Since there is no government agency charged with
education or enforcement of accessibility, the burden is on the
business owner to find out how to be accessible and stay up to
date. Many businesses have passed every governmental inspection
and have no idea they may still not be compliant with the ADA or
even if they once were they no longer may be compliant.
"This bill would require the SA to prepare a report continuing
all federal and state disability access regulations and noting
any state disability access regulations that are in direct
conflict with federal disability access regulations. We hope
this bill will begin to help improve the situation by
identifying the traps that await business owners in trying to
comply with the ADA and providing one source of the legal
requirements. Identifying the programs and providing more
information to decision makers and small businesses will help
form the basis for thoughtful solutions for this litigious
area."
Previous legislation . SB 1608 (Corbett), Chapter 549, Statutes
of 2008, enacted several reforms intended to increase voluntary
compliance with longstanding state and federal laws requiring
access to persons with disabilities in any place of public
accommodation.
REGISTERED SUPPORT / OPPOSITION :
Support
Civil Justice Association of California
Opposition
None on file.
Analysis Prepared by : Rebecca May / B.,P. & C.P. / (916)
319-3301