BILL ANALYSIS                                                                                                                                                                                                    



                                                                    AB 1342


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          Date of Hearing:  May 20, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          AB  
          1342 (Steinorth) - As Amended April 28, 2015


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          Urgency:  No  State Mandated Local Program:  NoReimbursable:  No


          SUMMARY:


          This bill appropriates funds to the California Commission on  
          Disability Access (CCDA) and seeks to promote compliance with  
          disability access requirements. Specifically, this bill:









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          1)Appropriates $500,000 from the General Fund to the commission  
            to implement its responsibilities.


          2)Requires the Division of the State Architect (DSA) to require  
            each applicant for certification as a certified access  
            specialist (CASp), and for CASp recertification, to provide  
            the DSA with information about location (city, county) where  
            they intend to, or have provided services, and requires the  
            DSA to post this information on its website. The commission  
            must also post a link on its website to the DSA's CASp  
            program.


          3)Removes the December 31, 2018, sunset on the $1 portion of the  
            local business license fee, 70% of which stays with the local  
            entity to fund increased CASp services, with the remaining 30%  
            going to the DSA to oversee the CASp program.


          4)Requires a commercial property owner to state on every lease  
            form or rental agreement executed after July 1, 2016, whether  
            or not the property being leased has undergone inspection by a  
            CASp.


          5)Requires, if the property has undergone a CASp inspection, and  
            there have been no modifications since the inspection to  
            impact access compliance, the property owner shall provide a  
            copy of the CASp's inspection report prior to execution of the  
            lease.


          6)Requires the property owner, if the property has been provided  
            a current disability access inspection certificate, to furnish  
            the certificate to the lessee within seven days of execution  
            of the lease.









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          7)Requires the property owner, if the property has not been  
            provided a current disability access inspection certificate,  
            to state in the lease agreement that a CASp can inspect the  
            property, and although an inspection is not required by state  
            law, the owner can arrange an inspector as the lessee's  
            expense. 


          FISCAL EFFECT:


          1)One-time $500,000 GF appropriation to the commission.


          2)Removing the sunset on the $1 business license fee will allow  
            DSA's oversight of the CASp program to continue indefinitely,  
            at a special fund cost of around $650,000 annually. DSA's  
            costs will be minor and absorbable to obtain and publish  
            information regarding where each CASp provides their services.


          COMMENTS:


          1)Background and Purpose. In 2008, the Legislature established  
            the CCDA pursuant to SB 1608 (Corbett and Harman, Ch. 549,  
            Stats. 2008), part of a bipartisan package of reforms shaped  
            by discussions from disability rights advocates, attorneys for  
            plaintiffs and defendants, and business interests. According  
            to the joint authors of SB 1608, the bill included a  
            multi-faceted approach aimed at addressing the high rate of  
            non-compliance with construction-related accessibility  
            standards by public accommodations in California, recognizing  
            the value of and promoting voluntary compliance and  
            prevention.


            Significant portions of SB 1608 were dependent on the  








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            continued funding of the Commission.  The author contends that  
            the Commission-since its inception-has been tasked with  
            additional responsibilities without corresponding increases in  
            funding. SB 1186 (Steinberg and Dutton, Ch. 383, Stats. 2012),  
            was another bipartisan measure to address the issue of ADA  
            litigation.  While many provisions in SB 1186 were procedural  
            in nature and benefitted the business community, SB 1186 did  
            impose additional duties on the Commission.


            According to the Assembly Judiciary Committee's analysis of  
            this bill, "The commission's work is integral in any solution  
            aimed at improving compliance with construction-related  
            accessibility standards and access to public accommodations.  
            Indeed, many of the Commission's reports have helped to shape  
            this Committee's discussions on the issues of disability  
            access and construction-related accessibility claims.   
            Accordingly, it is critical for the Commission to have  
            sufficient resources in order to perform its important  
            duties."


          2)Finding a CASp. The State Architect publishes a list of all  
            the CASps in the State on its website.  Currently, there are  
            over 575 CASps, however, it may be difficult to find a CASp  
            who is available in a given area. Currently, the State  
            Architect's website does not consistently provide the location  
            in which a CASp provides his or her services. This bill  
            requires an applicant for CASp certification or renewal to  
            provide the State Architect the location where the applicant  
            will provide CASp services, specifically, the city, county, or  
            city and county.  Additionally, the proposed amendments  
            require the State Architect to publish this locational  
            information.


          3)Comment. The Judiciary Committee's analysis discusses the  
            commission's inability to fulfill all of it responsibilities,  
            stating, "The CCDA has identified a need to create the  








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            following staff positions: Legislative Outreach Coordinator,  
            Educational Outreach Coordinator, Staff Service Manager, and  
            Administrative Assistant. These staff, upon hiring, would be  
            quickly assigned with specific responsibilities to achieve  
            goals outlined in the Strategic Plan."


            The appropriation in this bill, however, is one-time in  
            nature; thus while these resources may help the commission to  
            accomplish functions that are one-time in nature, it would not  
            be available to fund permanent staff position.


          Analysis Prepared by:Chuck Nicol / APPR. / (916)  
          319-2081