Bill Text: CA AB2535 | 2021-2022 | Regular Session | Amended
Bill Title: Department of Parks and Recreation: grants: playgrounds and play structures: disability access.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2022-08-11 - In committee: Held under submission. [AB2535 Detail]
Download: California-2021-AB2535-Amended.html
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Amended
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Senate
June 15, 2022 |
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Amended
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Assembly
April 27, 2022 |
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Amended
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Assembly
April 18, 2022 |
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Amended
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Assembly
March 24, 2022 |
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Amended
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March 17, 2022 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Assembly Bill
No. 2535
| Introduced by Assembly Member Eduardo Garcia (Coauthors: Assembly Members Bigelow, Megan Dahle, Friedman, Gabriel, Nguyen, and Smith) |
February 17, 2022 |
An act to add Section 5788.18 to the Public Resources Code, relating to parks.
LEGISLATIVE COUNSEL'S DIGEST
AB 2535, as amended, Eduardo Garcia.
Recreation and park districts: Department of Parks and Recreation: grants: playgrounds: playgrounds and play structures: disability access.
Existing law establishes within the Natural Resources Agency the Department of Parks and Recreation, which controls the state park system.
Existing law provides a process for the establishment of recreation and park districts. Existing law authorizes a recreation and park district to accept any revenue, money, grants, goods, or services from any federal, state, regional, or local agency or from any person for any lawful purpose of the district.
This bill would, to the extent not in conflict with the terms of an existing park grant program or applicable bond act, or the requirements of any other funding source, for any grant application submitted on and after January 1, 2023, prohibit the
Department of Parks and Recreation, or any other state agency, from awarding any grant funds to a recreation and park district
grant applicant for purposes of constructing or rehabilitating a playground or play structure, unless the playground or play structure that is proposed for construction or rehabilitation has disability access, as defined. complies with the United States Department of Justice’s 2010 ADA Standards for Accessible Design. The bill would, to the extent not in conflict with the terms of an existing park grant program or applicable bond act, or the requirements of any other funding source, for any grant application submitted on and after January 1, 2024, prohibit the Department of Parks and Recreation, or any other state agency, from awarding any grant funds to a grant applicant for purposes of constructing or rehabilitating a playground or play structure, unless the playground or play structure that is proposed for
construction or rehabilitation complies with the United States Department of Justice’s 2010 ADA Standards for Accessible Design and the standards to be adopted by the Department of Parks and Recreation on or before January 1, 2024, as provided.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:(a) Playing at the playground is an essential part of childhood, providing physical exercise and helping to develop cognitive, emotional, and social skills.
(b) Playgrounds throughout the state should be more accessible and inclusive for those with physical and mental disabilities.
(c) Accessible and inclusive playgrounds teach children to value equality and fairness, which has long-lasting positive effects on the community and helps create an inclusive society where everyone
enjoys equal opportunities.
(d) Accessible playgrounds allow all children to access and use a variety of playground equipment.
(e) Accessible playgrounds also allow adults with disabilities to have the opportunity to spend time with their children or grandchildren in an accessible and inclusive playground.
(f) An inclusive playground allows children of all abilities and developmental stages to play in the same space and creates a nurturing environment for all.
(g) Kids on the autism spectrum or those with sensory integration disorders need playground equipment that stimulates their senses without overwhelming them. This can be accomplished by offering cozy,
quiet spaces, establishing perimeter paths and fences, and providing a wayfinding system that includes an orientation path.
(h) A positive, enriching playground helps children develop a sense of identity, and boosts their confidence and self-esteem as they learn new skills and make friends.
SEC. 2.
Section 5788.18 is added to the Public Resources Code, to read:5788.18.
(a) To the extent not in conflict with the terms of an existing park grant program or applicable bond act, or the requirements of any other funding source, for any grant application submitted on and after January 1, 2023, the department, or any other state agency, shall not award any grant funds to a(b)For purposes of this section, “disability access” means all of the following:
(1)Accessible, unobstructed routes to the playground and connecting play equipment.
(2)Includes at least one type of ground level play component on an accessible route.
(3)Contains ramps that have handrails on both sides.
(4)Uses safety surfacing that meets criteria established by the Americans with Disabilities Act (42 U.S.C. Sec. 12010 et seq.).
(5)Includes sensory-stimulating activities.
(6)Includes equipment designed to be inclusive for kids on the autism spectrum.
(b) To the extent not in conflict with the terms of an existing park grant program or applicable bond act, or the requirements of any other funding source, for any grant application submitted on and after January 1, 2024, the department, or any other state agency, shall not award any grant funds to a grant applicant for purposes of constructing or rehabilitating a playground or play structure, unless the playground or play structure that is proposed for construction or rehabilitation complies with both of the following:
(1) The 2010 ADA Standards for Accessible Design adopted by the United States Department of Justice and published on September 15, 2010.
(2) The standards adopted by the department pursuant to subdivision (c).
(c) (1) On or before January 1, 2024, the department, in consultation with the State Council on Developmental Disabilities, shall adopt standards for providing disability access to playgrounds and play structures in a manner that is inclusive for children with sensory, developmental, or intellectual disabilities.
(2) (A) Before adopting the standards pursuant to paragraph (1), the department shall prepare draft standards and make those draft standards available for comments from all of the following entities:
(i) Organizations that represent people with disabilities, including people with physical, sensory, developmental, or intellectual disabilities.
(ii) Parents of children with disabilities, including children with physical, sensory, developmental, or intellectual disabilities.
(iii) Self-advocates for people with disabilities, including people with physical, sensory, developmental, or intellectual disabilities.
(iv) Public agencies that make playgrounds or play structures available for public or children’s use, including cities, counties, school districts, and park and recreation districts.
(B) The department shall consider the comments from the entities described in clauses (i) to (iv), inclusive, of subparagraph (A) before adopting the standards pursuant to paragraph (1).
(3) The department may contract with an entity to prepare the standards required by this subdivision.
