Amended in Senate August 31, 2015

Amended in Senate July 16, 2015

Amended in Senate June 22, 2015

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

(Coauthors: Assembly Members Cooley and Kim)

February 27, 2015


An act to amend Section 1938 of the Civil Code, and to amend Sectionsbegin delete 4459.8, 4467,end deletebegin insert 4459.8end insert and 8299.06 of the Government Code, relating to disabilitybegin delete access, and making an appropriation therefor.end deletebegin insert access.end insert

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 Architectbegin delete information aboutend deletebegin insert the name ofend insert 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.

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(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. Existing law requires each local entity collecting the fee to make an annual report on the fees to the Legislature and to the chairs of specified committees, as specified.

end delete
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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. By extending the duties of local governments with respect to the reporting of specified fees, this bill would impose a state-mandated local program.

end delete
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(3)

end delete

begin insert(2)end insert 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 afterbegin delete Julyend deletebegin insert Januaryend insert 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,begin insert as specified,end insert or would require a statement on the form or agreement that, upon request of the lessee or tenant, the property owner may not prohibit 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.

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(4)

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begin insert(3)end insert 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.begin delete 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.end delete

begin insert(4)end insertbegin insertend insertThe California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: begin delete23 end deletebegin insertmajorityend insert. Appropriation: begin deleteyes end deletebegin insertnoend insert. Fiscal committee: yes. State-mandated local program: yes.

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 afterbegin delete Julyend delete
5begin insert Januaryend insert 1, 2016, whether or not the subject premises have
6undergone inspection 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
P4    1accessibility standards, the commercial property owner or lessor
2shall provide, prior to execution of the lease or rental agreement,
3a copy of any report prepared by the CASpbegin delete in response to that
4inspection to the lessee or tenant.end delete
begin insert with an agreement from the
5prospective lessee or tenant that information in the report shall
6remain confidential, except as necessary for the tenant to complete
7repairs and corrections of violations of construction-related
8accessibility standards that the lessee or tenant agrees to make.end insert

9(c) If the subject premises have been issuedbegin delete a current disability
10access inspection certificate,end delete
begin insert an inspection report by a CASp,end insert as
11described inbegin insert paragraph (1) of subdivision (a) ofend insert Section 55.53,
12begin insert indicating that it meets applicable standards, as defined in
13paragraph (4) of subdivision (a) of 55.52,end insert
the commercial property
14owner or lessor shall provide a copy of the current disability access
15inspection certificate and any inspection report to the lessee or
16tenantbegin insert not already provided pursuant to subdivision (b)end insert within
17seven days of the date of the execution of the lease form or rental
18agreement.

19(d) If the subject premises have not been issued abegin delete currentend delete
20 disability access inspection certificate,begin insert as described in subdivision
21(e) of Section 55.53,end insert
the commercial property owner or lessor shall
22state the following on the lease form or rental agreement:


24“A Certified Access Specialist (CASp) can inspect the subject
25premises and determine whether the subject premises comply with
26all of the applicable construction-related accessibility standards
27under state law. Although state law does not require a CASp
28inspection of the subject premises, the commercial property owner
29or lessor may not prohibit the lessee or tenant from obtaining a
30CASp inspection of the subject premises for the occupancy or
31potential occupancy of the lessee or tenant, at the lessee’s or
32tenant’s expense, if requested by the lessee or tenant. The parties
33shall mutually agree on the arrangements for the time and manner
34of the CASp inspection.”

35

SEC. 2.  

Section 4459.8 of the Government Code is amended
36to read:

37

4459.8.  

(a) The certification authorized by Section 4459.5 is
38effective for three years from the date of initial certification and
39expires if not renewed. The State Architect, upon consideration of
40any factual complaints regarding the work of a certified access
P5    1specialist or of other relevant information, may suspend
2certification or deny renewal of certification.

3(b) (1) The State Architect shall require each applicant for
4certification as a certified access specialist to dobegin insert both ofend insert the
5following:

6(A) Pay fees, including an application and course fee and an
7examination fee, at a level sufficient to meet the costs of application
8processing, registration, publishing a list, and other activities that
9are reasonably necessary to implement and administer the certified
10access specialist program.

11(B) Provide to the State Architectbegin delete information aboutend deletebegin insert the name
12ofend insert
the city, county, or city and county in which the applicant intends
13to provide services.

14(2) The State Architect shall require each applicant for renewal
15of certification to dobegin insert both ofend insert the following:

16(A) Pay a fee sufficient to cover the reasonable costs of
17reassessing qualifications of renewal applicants.

18(B) Provide to the State Architectbegin delete information aboutend deletebegin insert the name
19ofend insert
the city, county, or city and county in which the applicant has
20provided services since the last day of certification by the State
21Architect.

22(3) The State Architect shall periodically review his or her
23schedule of fees to ensure that the fees for certification are not
24excessive while covering the costs to administer the certified access
25specialist program. The application fee for a California licensed
26architect, landscape architect, civil engineer, or structural engineer
27shall not exceed two hundred fifty dollars ($250).

28(c) All fees collected pursuant to this section shall be deposited
29into the Certified Access Specialist Fund, which is hereby created
30in the State Treasury. Notwithstanding Section 13340, this fund
31is continuously appropriated without regard to fiscal years for use
32by the State Architect to implement Sections 4459.5 to 4459.8,
33inclusive.

34(d) The State Architect shall post on his or her Internet Web
35sitebegin delete information aboutend deletebegin insert the name ofend insert the city, county, or city and
36county in which each certified access specialist provides or intends
37to provide services.

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38

SEC. 3.  

Section 4467 of the Government Code is amended to
39read:

P6    1

4467.  

(a) Any applicant for a local business license or
2equivalent instrument or permit, and from any applicant for the
3renewal of a business license or equivalent instrument or permit,
4shall pay an additional fee of one dollar ($1) for that license,
5instrument, or permit, which shall be collected by the city, county,
6or city and county that issued the license, instrument, or permit.

7(b) The city, county, or city and county shall retain 70 percent
8of the fees collected under this section, of which up to 5 percent
9of the retained moneys may be used for related administrative costs
10of this chapter. The remaining moneys shall be used to fund
11increased certified access specialist (CASp) services in that
12 jurisdiction for the public and to facilitate compliance with
13construction-related accessibility requirements. The highest priority
14shall be given to the training and retention of certified access
15specialists to meet the needs of the public in the jurisdiction as
16provided in Section 55.53 of the Civil Code.

17(c) The remaining 30 percent of all fees collected under this
18section shall be transmitted on a quarterly basis to the Division of
19the State Architect for deposit in the Disability Access and
20Education Revolving Fund established under Sections 4465 and
214470. The funds shall be transmitted within 15 days of the last day
22of the fiscal quarter. The Division of the State Architect shall
23develop and post on its Internet Web site a standard reporting form
24for use by all local jurisdictions. Up to 75 percent of the collected
25funds in the Disability Access and Education Revolving Fund shall
26be used to establish and maintain oversight of the CASp program
27and to moderate the expense of CASp certification and testing.

28(d) Each city, county, or city and county shall make an annual
29report, commencing March 1, 2014, to the Legislature and to the
30Chairs of the Senate and Assembly Committees on Judiciary, and
31the Chair of the Senate Committee on Budget and Fiscal Review
32and the Chair of the Assembly Committee on Budget, of the total
33fees collected in the previous calendar year and of its distribution,
34including the moneys spent on administrative services, the moneys
35spent to increase CASp services, the moneys spent to fund
36programs to facilitate compliance, and the moneys transmitted to
37the Disability Access and Education Revolving Fund. A report to
38be submitted pursuant to this subdivision shall be submitted in
39 compliance with Section 9795.

end delete
P7    1

begin deleteSEC. 4.end delete
2begin insertSEC. 3.end insert  

Section 8299.06 of the Government Code is amended
3to read:

4

8299.06.  

(a) A priority of the commission shall be the
5development and dissemination of educational materials and
6information to promote and facilitate disability access compliance.

7(b) The commission shall work with other state agencies,
8including the Division of the State Architect and the Department
9of Rehabilitation, to develop educational materials and information
10for use by businesses to understand their obligations to provide
11disability access and to facilitate compliance with
12construction-related accessibility standards.

13(c) The commission shall develop and make available on its
14Internet Web site, or make available on its Internet Web site if
15developed by another governmental agency, including Americans
16with Disabilities Act centers, toolkits or educational modules to
17assist a California business to understand its obligations under the
18law and to facilitate compliance with respect to the top 10 alleged
19construction-related violations, by type, as specified in subdivision
20(a) of Section 8299.08. Upon completion of this requirement, the
21commission shall develop and make available on its Internet Web
22site, or work with another agency to develop, other toolkits or
23educational modules that would educate businesses of the
24accessibility requirements and to facilitate compliance with that
25requirement.

26(d) The commission shall post the following on its Internet Web
27 site:

28(1) Educational materials and information that will assist
29building owners, tenants, building officials, and building inspectors
30to understand the disability accessibility requirements and to
31facilitate compliance with disability access laws. The commission
32shall at least annually review the educational materials and
33information on disability access requirements and compliance
34available on the Internet Web sites of other local, state, or federal
35agencies, including Americans with Disabilities Act centers, to
36augment the educational materials and information developed by
37the commission.

38(2) A link to the Internet Web site of the Division of the State
39Architect’s Certified Access Specialist (CASp) Program to assist
40building owners and tenants in locating or hiring a CASp.

P8    1(e) The commission shall, to the extent feasible, coordinate with
2other state agencies and local building departments to ensure that
3information provided to the public on disability access requirements
4is uniform and complete, and make its educational materials and
5information available to those agencies and departments.

6(f) The commission shall establish a permanent legislative
7outreach coordinator position and a permanent educational outreach
8coordinator position.

9

begin deleteSEC. 5.end delete
10begin insertSEC. 4.end insert  

No reimbursement is required by this act pursuant to
11Section 6 of Article XIII B of the California Constitution because
12a local agency or school district has the authority to levy service
13charges, fees, or assessments sufficient to pay for the program or
14level of service mandated by this act, within the meaning of Section
1517556 of the Government Code.

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16

SEC. 6.  

For the 2015-16 fiscal year, the sum of one hundred
17twenty thousand dollars ($120,000) is hereby appropriated from
18the General Fund to the California Commission on Disability
19 Access for the purpose of establishing the outreach coordinator
20positions described in subdivision (f) of Section 8299.06 of the
21Government Code.

end delete


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