Amended in Assembly June 1, 2015

Amended in Assembly April 28, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 1342


Introduced by Assembly Member Steinorth

February 27, 2015


An act to amend Section 1938 of the Civil Code, and to amend Sections 4459.8, 4467, and 8299.06 of the Government Code, relating to disability access, and making an appropriation therefor.

LEGISLATIVE COUNSEL’S DIGEST

AB 1342, as amended, Steinorth. Disability access.

(1) 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 Certified Access Specialist (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.

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 thebegin delete Division of theend delete State Architect to post that information onbegin delete itsend deletebegin insert his or herend insert Internet Web site.

(2) Until December 31, 2018, existing law requires any applicant for a local business license or equivalent instrument or permit, or renewal of a local business license or equivalent instrument or permit, to pay an additional fee of $1 for that license, instrument, or permit. Under existing law, the city, county, or city and county that collected the fee retains 70% of the fee, and the remaining 30% of the fee is deposited into the Disability Access and Education Revolving Fund, a continuously appropriated fund.

This bill would extend the operation of those provisions indefinitely. By increasing the revenue deposited into a continuously appropriated fund, this bill would make an appropriation.

(3) 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 determined by a CASp to meet all applicable construction-related accessibility standards.

This bill, for every lease form or rental agreement executed on or after July 1, 2016, would require the commercial property owner or lessor to provide the lessee or tenant with a current disability access inspection certificate and inspection report or a copy of a CASp inspection report, or would require a statement on the form or agreement that, upon request of the tenant, the property owner will arrange for CASp inspection of the property at the tenant’s expense.

(4) 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, but not limited to, 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. Existing law provides that those provisions shall not remain operative unless funds are appropriated for those purposes.

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 certificationbegin delete program,end deletebegin insert program and toend insert make the commission’s educational materials and information available to other state agencies and local buildingbegin delete departments, andend deletebegin insert departments. The bill would alsoend insert appropriate the sum ofbegin delete $500,000end deletebegin insert $120,000end insert from the General Fund to the commission for the 2015-16 fiscal year for thebegin delete above-described purposes.end deletebegin insert purpose of establishing 2 permanent outreach coordinator positions.end insert

Vote: 23. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no.

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

P3    1

SECTION 1.  

Section 1938 of the Civil Code is amended to
2read:

3

1938.  

(a) A commercial property owner or lessor shall state
4on every lease form or rental agreement executed on or after July
51, 2016, whether or not the property being leased or rented has
6undergone inspection by a Certified Access Specialist (CASp).

7(b) If the property being leased or rented has undergone
8inspection by a CASpbegin delete andend deletebegin insert and,end insert to the best of the commercial
9property owner or lessor’s knowledge, there have been no
10modifications or alterations completed or commenced between
11the date of the inspection and the date of the lease or rental
12agreement which have impacted the property’s compliance with
13construction-related accessibility standards, the commercial
14property owner or lessor shall provide, prior to execution of the
15lease or rental agreement, a copy of any report prepared by the
16CASp in response to that inspection to the lessee or tenant.

17(c) If the property has been issued a current disability access
18inspection certificate, as described in Section 55.53, the commercial
19property owner or lessor shall provide a copy of the current
20disability access inspection certificate and any inspection report
21to the lessee or tenant within seven days of the date of the execution
22of the lease form or rental agreement.

23(d) If the property has not been issued a current disability access
24inspection certificate, the commercial property owner or lessor
25shall state the following on the lease form or rental agreement:


27 “A Certified Access Specialist (CASp) can inspect the property
28and determine whether it complies with all of the applicable
29 construction-related accessibility standards under state law.
30Although state law does not require a CASp inspection of this
P4    1property, the property owner will arrange for a CASp inspection
2of this property at the tenant’s expense, if requested by the tenant.”

3

SEC. 2.  

Section 4459.8 of the Government Code is amended
4to read:

5

4459.8.  

(a) The certification authorized by Section 4459.5 is
6effective for three years from the date of initial certification and
7expires if not renewed. The State Architect, upon consideration of
8any factual complaints regarding the work of a certified access
9specialist or of other relevant information, may suspend
10certification or deny renewal of certification.

11(b) (1) The State Architect shall require each applicant for
12certification as a certified access specialist to do the following:

13(A) Pay fees, including an application and course fee and an
14examination fee, at a level sufficient to meet the costs of application
15processing, registration, publishing a list, and other activities that
16are reasonably necessary to implement and administer the certified
17access specialist program.

18(B) Provide to the State Architect information about the city,
19county, or city and county in which the applicant intends to provide
20services.

21(2) The State Architect shall require each applicant for renewal
22of certification to do the following:

23(A) Pay a fee sufficient to cover the reasonable costs of
24reassessing qualifications of renewal applicants.

25(B) Provide to the State Architect information about the city,
26county, or city and county in which the applicant has provided
27services since the last day of certification by the State Architect.

28(3) The State Architect shall periodically review its schedule
29of fees to ensure that its fees for certification are not excessive
30while covering the costs to administer the certified access specialist
31program. The application fee for a California licensed architect,
32landscape architect, civil engineer, or structural engineer shall not
33exceed two hundred fifty dollars ($250).

34(c) All fees collected pursuant to this section shall be deposited
35into the Certified Access Specialist Fund, which is hereby created
36in the State Treasury. Notwithstanding Section 13340, this fund
37is continuously appropriated without regard to fiscal years for use
38by the State Architect to implement Sections 4459.5 to 4459.8,
39inclusive.

P5    1(d) The State Architect shall post on his or her Internet Web
2site information about the city, county, or city and county in which
3each certified access specialist provides or intends to provide
4services.

5

SEC. 3.  

Section 4467 of the Government Code is amended to
6read:

7

4467.  

(a) Any applicant for a local business license or
8equivalent instrument or permit, and from any applicant for the
9renewal of a business license or equivalent instrument or permit,
10shall pay an additional fee of one dollar ($1) for that license,
11instrument, or permit, which shall be collected by the city, county,
12or city and county that issued the license, instrument, or permit.

13(b) The city, county, or city and county shall retain 70 percent
14of the fees collected under this section, of which up to 5 percent
15of the retained moneys may be used for related administrative costs
16of this chapter. The remaining moneys shall be used to fund
17increased certified access specialist (CASp) services in that
18jurisdiction for the public and to facilitate compliance with
19construction-related accessibility requirements. The highest priority
20shall be given to the training and retention of certified access
21specialists to meet the needs of the public in the jurisdiction as
22provided in Section 55.53 of the Civil Code.

23(c) The remaining 30 percent of all fees collected under this
24section shall be transmitted on a quarterly basis to the Division of
25the State Architect for deposit in the Disability Access and
26Education Revolving Fund established under Sections 4465 and
274470. The funds shall be transmitted within 15 days of the last day
28of the fiscal quarter. The Division of the State Architect shall
29develop and post on its Internet Web site a standard reporting form
30for use by all local jurisdictions. Up to 75 percent of the collected
31funds in the Disability Access and Education Revolving Fund shall
32be used to establish and maintain oversight of the CASp program
33and to moderate the expense of CASp certification and testing.

34(d) Each city, county, or city and county shall make an annual
35report, commencing March 1, 2014, to the Legislature and to the
36Chairs of the Senate and Assembly Committees on Judiciary, and
37the Chair of the Senate Committee on Budget and Fiscal Review
38and the Chair of the Assembly Committee on Budget, of the total
39fees collected in the previous calendar year and of its distribution,
40including the moneys spent on administrative services, the moneys
P6    1spent to increase CASp services, the moneys spent to fund
2programs to facilitate compliance, and the moneys transmitted to
3the Disability Access and Education Revolving Fund. A report to
4be submitted pursuant to this subdivision shall be submitted in
5 compliance with Section 9795.

6

SEC. 4.  

Section 8299.06 of the Government Code is amended
7to read:

8

8299.06.  

(a) A priority of the commission shall be the
9development and dissemination of educational materials and
10information to promote and facilitate disability access compliance.

11(b) The commission shall work with other state agencies,
12including the Division of the State Architect and the Department
13of Rehabilitation, to develop educational materials and information
14for use by businesses to understand its obligations to provide
15disability access and to facilitate compliance with
16construction-related accessibility standards.

17(c) The commission shall develop and make available on its
18Internet Web site, or make available on its Internet Web site if
19developed by another governmental agency, including Americans
20with Disabilities Act centers, toolkits or educational modules to
21assist a California business to understand its obligations under the
22law and to facilitate compliance with respect to the top 10 alleged
23construction-related violations, by type, as specified in subdivision
24(a) of Section 8299.08. Upon completion of this requirement, the
25commission shall develop and make available on its Internet Web
26site, or work with another agency to develop, other toolkits or
27educational modules that would educate businesses of the
28accessibility requirements and to facilitate compliance with that
29requirement.

30(d) The commission shall post the following on its Internet Web
31 site:

32(1) Educational materials and information that will assist
33building owners, tenants, building officials, and building inspectors
34to understand the disability accessibility requirements and to
35facilitate compliance with disability access laws. The commission
36shall at least annually review the educational materials and
37information on disability access requirements and compliance
38available on the Internet Web site of other local, state, or federal
39agencies, including Americans with Disabilities Act centers, to
P7    1augment the educational materials and information developed by
2the commission.

3(2) A link to the Internet Web site of the Division of the State
4Architect’s Certified Access Specialist (CASp) Program to assist
5building owners and tenants in locating or hiring a CASp.

6(e) The commission shall, to the extent feasible, coordinate with
7other state agencies and local building departments to ensure that
8information provided to the public on disability access requirements
9is uniform and complete, and make its educational materials and
10information available to those agencies and departments.

begin insert

11(f) The commission shall establish a permanent legislative
12outreach coordinator position and a permanent educational
13outreach coordinator position.

end insert
14

SEC. 5.  

For the 2015-16 fiscal year, the sum ofbegin delete fiveend deletebegin insert oneend insert
15 hundredbegin insert twentyend insert thousand dollarsbegin delete ($500,000)end deletebegin insert ($120,000)end insert is hereby
16appropriated from the General Fund to the California Commission
17on Disabilitybegin delete Access, for expenditure without regard to fiscal years.
18The moneys shall be used to implement the duties imposed on the
19commission pursuant to Chapter 3.7 (commencing with Section
208299) of Division 1 of Title 2 of the Government Code.end delete
begin insert Access
21for the purpose of establishing the outreach coordinator positions
22described in subdivision (f) of Section 8299.06 of the Government
23Code.end insert



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