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 lessee or tenant, the property owner may
begin delete permitend delete a CASp inspection of the subject premises at the lessee’s or tenant’s expense and that the parties must mutually agree on the arrangements for the time and manner of the inspection.
(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.
Fiscal committee: yes.
State-mandated local program:
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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 subject premises have undergone
6inspection by a Certified Access Specialist (CASp).
7(b) If the subject premises have undergone inspection by a CASp
8and, to the best of the commercial property owner’s or lessor’s
9knowledge, there have been no modifications or alterations
10completed or commenced between the date of the inspection and
11the date of the lease or rental agreement which have impacted the
12subject premises’ compliance with construction-related
13accessibility standards, the commercial property owner or lessor
14shall provide, prior to execution of the lease or rental agreement,
P4 1a copy of any report prepared by the CASp in response to that
2inspection to the lessee or tenant.
3(c) If the subject premises have been issued a current disability
4access inspection certificate, as described in Section 55.53, the
5commercial property owner or lessor shall provide a copy of the
6current disability access inspection certificate and any inspection
7report to the lessee or tenant within seven days of the date of the
8execution of the lease form or rental agreement.
9(d) If the subject premises have not been issued a current
10disability access inspection certificate, the commercial property
11owner or lessor shall state the following on the lease form or rental
14 “A Certified Access Specialist (CASp) can inspect the subject
15premises and determine whether the subject premises comply with
16all of the applicable construction-related accessibility standards
17under state law. Although state law does not require a CASp
18inspection of the subject premises, the commercial property owner
19or lessor may
begin delete permitend delete the lessee or tenant begin delete to obtainend delete
20 a CASp inspection of the subject premises for the
21occupancy or potential occupancy of the lessee or tenant, at the
22lessee’s or tenant’s expense, if requested by the lessee or tenant.
23The parties shall mutually agree on the arrangements for the time
24and manner of the CASp inspection.”
Section 4459.8 of the Government Code is amended
(a) The certification authorized by Section 4459.5 is
28effective for three years from the date of initial certification and
29expires if not renewed. The State Architect, upon consideration of
30any factual complaints regarding the work of a certified access
31specialist or of other relevant information, may suspend
32certification or deny renewal of certification.
33(b) (1) The State Architect shall require each applicant for
34certification as a certified access specialist to do the following:
35(A) Pay fees, including an application and course fee and an
36examination fee, at a level sufficient to meet the costs of application
37processing, registration, publishing a list, and other activities that
38are reasonably necessary to implement and administer the certified
39access specialist program.
P5 1(B) Provide to the State Architect information about the city,
2county, or city and county in which the applicant intends to provide
4(2) The State Architect shall require each applicant for renewal
5of certification to do the following:
6(A) Pay a fee sufficient to cover the reasonable costs of
7reassessing qualifications of renewal applicants.
8(B) Provide to the State Architect information about the city,
9county, or city and county in which the applicant has provided
10services since the last day of certification by the State Architect.
11(3) The State Architect shall periodically review
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12 schedule of fees to ensure that
begin delete itsend delete fees for certification are not
13excessive while covering the costs to administer the certified access
14specialist program. The application fee for a California licensed
15architect, landscape architect, civil engineer, or structural engineer
16shall not exceed two hundred fifty dollars ($250).
17(c) All fees collected pursuant to this section shall be deposited
18into the Certified Access Specialist Fund, which is hereby created
19in the State Treasury. Notwithstanding Section 13340, this fund
20is continuously appropriated without regard to fiscal years for use
21by the State Architect to implement Sections 4459.5 to 4459.8,
23(d) The State Architect shall post on his or her Internet Web
24site information about the city, county, or city and county in which
25each 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
30equivalent instrument or permit, and from any applicant for the
31renewal of a business license or equivalent instrument or permit,
32shall pay an additional fee of one dollar ($1) for that license,
33instrument, or permit, which shall be collected by the city, county,
34or city and county that issued the license, instrument, or permit.
35(b) The city, county, or city and county shall retain 70 percent
36of the fees collected under this section, of which up to 5 percent
37of the retained moneys may be used for related administrative costs
38of this chapter. The remaining moneys shall be used to fund
39increased certified access specialist (CASp) services in that
40 jurisdiction for the public and to facilitate compliance with
P6 1construction-related accessibility requirements. The highest priority
2shall be given to the training and retention of certified access
3specialists to meet the needs of the public in the jurisdiction as
4provided in Section 55.53 of the Civil Code.
5(c) The remaining 30 percent of all fees collected under this
6section shall be transmitted on a quarterly basis to the Division of
7the State Architect for deposit in the Disability Access and
8Education Revolving Fund established under Sections 4465 and
94470. The funds shall be transmitted within 15 days of the last day
10of the fiscal quarter. The Division of the State Architect shall
11develop and post on its Internet Web site a standard reporting form
12for use by all local jurisdictions. Up to 75 percent of the collected
13funds in the Disability Access and Education Revolving Fund shall
14be used to establish and maintain oversight of the CASp program
15and to moderate the expense of CASp certification and testing.
16(d) Each city, county, or city and county shall make an annual
17report, commencing March 1, 2014, to the Legislature and to the
18Chairs of the Senate and Assembly Committees on Judiciary, and
19the Chair of the Senate Committee on Budget and Fiscal Review
20and the Chair of the Assembly Committee on Budget, of the total
21fees collected in the previous calendar year and of its distribution,
22including the moneys spent on administrative services, the moneys
23spent to increase CASp services, the moneys spent to fund
24programs to facilitate compliance, and the moneys transmitted to
25the Disability Access and Education Revolving Fund. A report to
26be submitted pursuant to this subdivision shall be submitted in
27 compliance with Section 9795.
Section 8299.06 of the Government Code is amended
(a) A priority of the commission shall be the
31development and dissemination of educational materials and
32information to promote and facilitate disability access compliance.
33(b) The commission shall work with other state agencies,
34including the Division of the State Architect and the Department
35of Rehabilitation, to develop educational materials and information
36for use by businesses to understand
begin delete itsend delete obligations to provide
37disability access and to facilitate compliance with
38construction-related accessibility standards.
39(c) The commission shall develop and make available on its
40Internet Web site, or make available on its Internet Web site if
P7 1developed by another governmental agency, including Americans
2with Disabilities Act centers, toolkits or educational modules to
3assist a California business to understand its obligations under the
4law and to facilitate compliance with respect to the top 10 alleged
5construction-related violations, by type, as specified in subdivision
6(a) of Section 8299.08. Upon completion of this requirement, the
7commission shall develop and make available on its Internet Web
8site, or work with another agency to develop, other toolkits or
9educational modules that would educate businesses of the
10accessibility requirements and to facilitate compliance with that
12(d) The commission shall post the following on its Internet Web
14(1) Educational materials and information that will assist
15building owners, tenants, building officials, and building inspectors
16to understand the disability accessibility requirements and to
17facilitate compliance with disability access laws. The commission
18shall at least annually review the educational materials and
19information on disability access requirements and compliance
20available on the Internet Web
begin delete siteend delete of other local, state, or
21federal agencies, including Americans with Disabilities Act centers,
22to augment the educational materials and information developed
23by the commission.
24(2) A link to the Internet Web site of the Division of the State
25Architect’s Certified Access Specialist (CASp) Program to assist
26building owners and tenants in locating or hiring a CASp.
27(e) The commission shall, to the extent feasible, coordinate with
28other state agencies and local building departments to ensure that
29information provided to the public on disability access requirements
30is uniform and complete, and make its educational materials and
31information available to those agencies and departments.
32(f) The commission shall establish a permanent legislative
33outreach coordinator position and a permanent educational outreach
For the 2015-16 fiscal year, the sum of one hundred
3twenty thousand dollars ($120,000) is hereby appropriated from
4the General Fund to the California Commission on Disability
5 Access for the purpose of establishing the outreach coordinator
6positions described in subdivision (f) of Section 8299.06 of the