BILL ANALYSIS Ó AB 1342 Page 1 Date of Hearing: May 20, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair AB 1342 (Steinorth) - As Amended April 28, 2015 ----------------------------------------------------------------- |Policy |Judiciary |Vote:|10 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- 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: AB 1342 Page 2 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. AB 1342 Page 3 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 AB 1342 Page 4 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 AB 1342 Page 5 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