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 the State Architect to post that information on his or her 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
begin delete will arrange forend delete CASp inspection of the begin delete propertyend delete at the tenant’s begin delete expense.end delete
(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 certification program and to make the commission’s educational materials and information available to other state agencies and local building departments. The bill would also appropriate the sum of $120,000 from the General Fund to the commission for the 2015-16 fiscal year for the purpose of establishing 2 permanent outreach coordinator positions.
Vote: 2⁄3. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1938 of the Civil Code is amended to
(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
begin delete property being leased or rented hasend delete
6 undergone inspection by a Certified Access
8(b) If the
begin delete property being leased or rented hasend delete undergone inspection by
a CASp and, to the best of the
begin delete ownerend delete or lessor’s knowledge, there
11have been no modifications or alterations completed or commenced
12between the date of the inspection and the date of the lease or rental
13agreement which have impacted the
begin delete property’send delete
14 compliance with construction-related accessibility standards, the
15commercial property owner or lessor shall provide, prior to
16execution of the lease or rental agreement, a copy of any report
17prepared by the CASp in response to that inspection to the lessee
19(c) If the
begin delete property hasend delete been issued a
20current disability access inspection certificate, as described in
21Section 55.53, the commercial property owner or lessor shall
22provide a copy of the current disability access inspection certificate
23and any inspection report to the lessee or tenant within seven days
24of the date of the execution of the lease form or rental agreement.
25(d) If the
begin delete property hasend delete not been issued a
26current disability access inspection certificate, the commercial
P4 1property owner or lessor shall state the following on the lease form
2or rental agreement:
4 “A Certified Access Specialist (CASp) can inspect the
begin delete propertyend delete
5 and determine whether
begin delete it compliesend delete with all of the applicable
7accessibility standards under state law. Although state law does
8not require a CASp inspection of
begin delete this property,end delete the property owner begin delete will arrange forend delete a CASp inspection of
begin delete this propertyend delete at the tenant’s
13expense, if requested by the
begin delete tenant.”end delete
Section 4459.8 of the Government Code is amended
(a) The certification authorized by Section 4459.5 is
19effective for three years from the date of initial certification and
20expires if not renewed. The State Architect, upon consideration of
21any factual complaints regarding the work of a certified access
22specialist or of other relevant information, may suspend
23certification or deny renewal of certification.
24(b) (1) The State Architect shall require each applicant for
25certification as a certified access specialist to do the following:
26(A) Pay fees, including an application and course fee and an
27examination fee, at a level sufficient to meet the costs of application
28processing, registration, publishing a list, and other activities that
29are reasonably necessary to implement and administer the certified
30access specialist program.
31(B) Provide to the State Architect information about the city,
32county, or city and county in which the applicant intends to provide
34(2) The State Architect shall require each applicant for renewal
35of certification to do the following:
36(A) Pay a fee sufficient to cover the reasonable costs of
37reassessing qualifications of renewal applicants.
38(B) Provide to the State Architect information about the city,
39county, or city and county in which the applicant has provided
40services since the last day of certification by the State Architect.
P5 1(3) The State Architect shall periodically review its schedule
2of fees to ensure that its fees for certification are not excessive
3while covering the costs to administer the certified access specialist
4program. The application fee for a California licensed architect,
5landscape architect, civil engineer, or structural engineer shall not
6exceed two hundred fifty dollars ($250).
7(c) All fees collected pursuant to this section shall be deposited
8into the Certified Access Specialist Fund, which is hereby created
9in the State Treasury. Notwithstanding Section 13340, this fund
10is continuously appropriated without regard to fiscal years for use
11by the State Architect to implement Sections 4459.5 to 4459.8,
13(d) The State Architect shall post on his or her Internet Web
14site information about the city, county, or city and county in which
15each certified access specialist provides or intends to provide
Section 4467 of the Government Code is amended to
(a) Any applicant for a local business license or
20equivalent instrument or permit, and from any applicant for the
21renewal of a business license or equivalent instrument or permit,
22shall pay an additional fee of one dollar ($1) for that license,
23instrument, or permit, which shall be collected by the city, county,
24or city and county that issued the license, instrument, or permit.
25(b) The city, county, or city and county shall retain 70 percent
26of the fees collected under this section, of which up to 5 percent
27of the retained moneys may be used for related administrative costs
28of this chapter. The remaining moneys shall be used to fund
29increased certified access specialist (CASp) services in that
30 jurisdiction for the public and to facilitate compliance with
31construction-related accessibility requirements. The highest priority
32shall be given to the training and retention of certified access
33specialists to meet the needs of the public in the jurisdiction as
34provided in Section 55.53 of the Civil Code.
35(c) The remaining 30 percent of all fees collected under this
36section shall be transmitted on a quarterly basis to the Division of
37the State Architect for deposit in the Disability Access and
38Education Revolving Fund established under Sections 4465 and
394470. The funds shall be transmitted within 15 days of the last day
40of the fiscal quarter. The Division of the State Architect shall
P6 1develop and post on its Internet Web site a standard reporting form
2for use by all local jurisdictions. Up to 75 percent of the collected
3funds in the Disability Access and Education Revolving Fund shall
4be used to establish and maintain oversight of the CASp program
5and to moderate the expense of CASp certification and testing.
6(d) Each city, county, or city and county shall make an annual
7report, commencing March 1, 2014, to the Legislature and to the
8Chairs of the Senate and Assembly Committees on Judiciary, and
9the Chair of the Senate Committee on Budget and Fiscal Review
10and the Chair of the Assembly Committee on Budget, of the total
11fees collected in the previous calendar year and of its distribution,
12including the moneys spent on administrative services, the moneys
13spent to increase CASp services, the moneys spent to fund
14programs to facilitate compliance, and the moneys transmitted to
15the Disability Access and Education Revolving Fund. A report to
16be submitted pursuant to this subdivision shall be submitted in
17 compliance with Section 9795.
Section 8299.06 of the Government Code is amended
(a) A priority of the commission shall be the
21development and dissemination of educational materials and
22information to promote and facilitate disability access compliance.
23(b) The commission shall work with other state agencies,
24including the Division of the State Architect and the Department
25of Rehabilitation, to develop educational materials and information
26for use by businesses to understand its obligations to provide
27disability access and to facilitate compliance with
28construction-related accessibility standards.
29(c) The commission shall develop and make available on its
30Internet Web site, or make available on its Internet Web site if
31developed by another governmental agency, including Americans
32with Disabilities Act centers, toolkits or educational modules to
33assist a California business to understand its obligations under the
34law and to facilitate compliance with respect to the top 10 alleged
35construction-related violations, by type, as specified in subdivision
36(a) of Section 8299.08. Upon completion of this requirement, the
37commission shall develop and make available on its Internet Web
38site, or work with another agency to develop, other toolkits or
39educational modules that would educate businesses of the
P7 1accessibility requirements and to facilitate compliance with that
3(d) The commission shall post the following on its Internet Web
5(1) Educational materials and information that will assist
6building owners, tenants, building officials, and building inspectors
7to understand the disability accessibility requirements and to
8facilitate compliance with disability access laws. The commission
9shall at least annually review the educational materials and
10information on disability access requirements and compliance
11available on the Internet Web site of other local, state, or federal
12agencies, including Americans with Disabilities Act centers, to
13augment the educational materials and information developed by
15(2) A link to the Internet Web site of the Division of the State
16Architect’s Certified Access Specialist (CASp) Program to assist
17building owners and tenants in locating or hiring a CASp.
18(e) The commission shall, to the extent feasible, coordinate with
19other state agencies and local building departments to ensure that
20information provided to the public on disability access requirements
21is uniform and complete, and make its educational materials and
22information available to those agencies and departments.
23(f) The commission shall establish a permanent legislative
24outreach coordinator position and a permanent educational outreach
For the 2015-16 fiscal year, the sum of one hundred
27twenty thousand dollars ($120,000) is hereby appropriated from
28the General Fund to the California Commission on Disability
29 Access for the purpose of establishing the outreach coordinator
30positions described in subdivision (f) of Section 8299.06 of the