BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2093


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          Date of Hearing:  April 13, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          AB  
          2093 (Steinorth) - As Amended March 31, 2016


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          Urgency:  No  State Mandated Local Program:  NoReimbursable:  No


          SUMMARY:


          This bill seeks to promote compliance with disability access  
          requirements in commercial property. Specifically, this bill:










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          1)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 California  
            Commission on Disability Access (CCDA) must also post a link  
            on its website to the DSA's CASp program.


          2)Requires a commercial property owner to state on every lease  
            form or rental agreement executed after July 1, 2017, whether  
            or not the property being leased has undergone inspection by a  
            CASp.


          3)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 to provide a copy  
            of the CASp's inspection report prior to execution of the  
            lease.


          4)Stipulates that any modifications necessary to correct  
            accessibility deficiencies as noted in a CASp report are  
            presumed to be the responsibility of the property owner,  
            unless otherwise mutually agreed to by the owner and the  
            lessee.


          5)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. 


          6)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  








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            property, and although an inspection is not required by state  
            law, the owner cannot prohibit a lessee from arranging and  
            inspection.


          FISCAL EFFECT:


          DSA's costs will be minor and absorbable to obtain and publish  
          information regarding where each CASp provides their services.


          


          COMMENTS:


          1)Purpose. Under current law, a commercial property owner is  
            required to state on every lease form or rental agreement  
            whether the property has been inspected by a CASp. If the  
            property has undergone a CASP inspection, the lease or rental  
            agreement must state whether the property meets all applicable  
            construction-related accessibility standards.  Since the  
            property owner may not know whether the property has met all  
            applicable-related accessibility standards, current law may  
            unintentionally create a disincentive for a business property  
            owner to obtain CASp services.  


            This bill seeks to increase the amount of information that  
            tenants get about commercial property that they may rent or  
            lease, ultimately promoting compliance of commercial property  
            with the ADA and state construction-related accessibility  
            standards.


          2)Finding a CASp. The State Architect publishes a list of all  
            the CASps in the State on its website.  Currently, there are  








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            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)Prior Legislation. This bill is similar to AB 1342 (Steinorth)  
            of 2015, which the Governor vetoed due to provisions, not  
            included in AB 2093, which established two staff positions  
            within the CCDA.


            AB 1521 (Assembly Judiciary Committee), Chapter 755, Statutes  
            of 2015, addressed the problem of high-frequency ADA  
            litigation by establishing new pre-filing procedures for  
            "high-frequency litigants" and providing new tools for  
            businesses to use when they are served with complaints  
            alleging violations of construction-related accessibility  
            claims


          4)Related Legislation. SB 269 (Roth), also on today's committee  
            agenda, establishes a list of "technical violations" that are  
            presumed to not cause a person difficulty, discomfort or  
            embarrassment for the purpose of awarding the plaintiff  
            minimum statutory damages, and protects a business with 50  
            employees or less from liability for minimum statutory damages  
            for violations of construction-related accessibility standards  
            during the 120 day period after the business obtained a CASp  
            inspection of the business and corrected violations noted in  
            the inspection.










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