California Legislature—2015–16 Regular Session

Assembly Bill No. 2093

Introduced by Assembly Member Steinorth

February 17, 2016

An act to amend Section 1938 of the Civil Code, and to amend Sections 4459.8 and 8299.06 of the Government Code, relating to disability access.

LEGISLATIVE COUNSEL’S DIGEST

AB 2093, as introduced, 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 the name of 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) 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 January 1, 2017, 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, as specified, 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.

(3) 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.

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.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 1938 of the Civil Code is amended to
read:

1938.  

begin insert (a) end insert begin insert   end insert A commercial property owner or lessor shall state
on every lease form or rental agreement executed on or after begin delete July end delete
begin insert January end insert 1, begin delete 2013, end delete begin insert 2017, end insert whether begin insert or not end insert the begin delete property being leased
or rented has end delete begin insert subject premises have end insert undergone inspection by a
Certified Access Specialist begin delete (CASp), and, if so, whether the property
has or has not been determined to meet all applicable
construction-related accessibility standards pursuant to Section
55.53. end delete begin insert (CASp). end insert

begin insert

(b) If the subject premises have undergone inspection by a CASp
and, to the best of the commercial property owner’s or lessor’s
knowledge, there have been no modifications or alterations
completed or commenced between the date of the inspection and
the date of the lease or rental agreement which have impacted the
subject premises’ compliance with construction-related
accessibility standards, the commercial property owner or lessor
shall provide, prior to execution of the lease or rental agreement,
a copy of any report prepared by the CASp with an agreement
from the prospective lessee or tenant that information in the report
shall remain confidential, except as necessary for the tenant to
complete repairs and corrections of violations of
construction-related accessibility standards that the lessee or
tenant agrees to make.

end insert begin insert

(c) If the subject premises have been issued an inspection report
by a CASp, as described in paragraph (1) of subdivision (a) of
Section 55.53, indicating that it meets applicable standards, as
defined in paragraph (4) of subdivision (a) of 55.52, the
commercial property owner or lessor shall provide a copy of the
current disability access inspection certificate and any inspection
report to the lessee or tenant not already provided pursuant to
subdivision (b) within seven days of the date of the execution of
the lease form or rental agreement.

end insert begin insert

(d) If the subject premises have not been issued a disability
access inspection certificate, as described in subdivision (e) of
Section 55.53, the commercial property owner or lessor shall state
the following on the lease form or rental agreement:

end insert
begin insert end insert
begin insert

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

end insert

SEC. 2.  

Section 4459.8 of the Government Code is amended
to read:

4459.8.  

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

(b) (1) The State Architect shall require each applicant for
certification as a certified access specialist to begin delete pay end delete begin insert do both of the
following: end insert

begin insert (A) end insert begin insert   end insert begin insert Pay end insert fees, including an application and course fee and an
examination fee, at a level sufficient to meet the costs of application
processing, registration, publishing a list, and other activities that
are reasonably necessary to implement and administer the certified
access specialist program. begin delete The end delete

begin insert (B) end insert begin insert   end insert begin insert Provide to the State Architect the name of the city, county,
or city and county in which the applicant intends to provide
services. end insert

begin insert (2) end insert begin insert   end insert begin insert The end insert State Architect shall require each applicant for renewal
of certification to begin delete pay end delete begin insert do both of the following: end insert

begin insert (A) end insert begin insert   end insert begin insert Pay end insert a fee sufficient to cover the reasonable costs of
reassessing qualifications of renewal applicants.

begin insert

(B) Provide to the State Architect the name of the city, county,
or city and county in which the applicant has provided services
since the last day of certification by the State Architect.

end insert begin delete

(2)

end delete

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

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

begin insert

(d) The State Architect shall post on his or her Internet Web
site the name of the city, county, or city and county in which each
certified access specialist provides or intends to provide services.

end insert

SEC. 3.  

Section 8299.06 of the Government Code is amended
to read:

8299.06.  

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

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

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

(d) The commission shall post begin insert the following end insert on its Internet Web
begin delete site educational end delete begin insert site: end insert

begin insert (1) end insert begin insert   end insert begin insert Educational end insert materials and information that will assist
building owners, tenants, building officials, and building inspectors
to understand the disability accessibility requirements and to
facilitate compliance with disability access laws. The commission
shall at least annually review the educational materials and
information on disability access requirements and compliance
available on the Internet Web site of other local, state, or federal
agencies, including Americans with Disabilities Act centers, to
augment the educational materials and information developed by
the commission.

begin insert

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

end insert

(e) The commission shall, to the extent feasible, coordinate with
other state agencies and local building departments to ensure that
information provided to the public on disability access requirements
is uniform and begin delete complete. end delete begin insert complete, and make its educational
materials and information available to those agencies and
departments. end insert