Bill Text: CA AB3002 | 2017-2018 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Disability access requirements: information.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Passed) 2018-09-22 - Chaptered by Secretary of State - Chapter 680, Statutes of 2018. [AB3002 Detail]

Download: California-2017-AB3002-Amended.html

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Amended  IN  Assembly  March 22, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill

No. 3002

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Introduced by Assembly Member Grayson
(Coauthor: Assembly Member Cooley)

February 16, 2018

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An act to amend Section 1938 of the Civil Code, relating to commercial property. add Section 4469.5 to the Government Code, relating to disability access.

LEGISLATIVE COUNSEL'S DIGEST

AB 3002, as amended, Grayson. Commercial property leases. Disability access requirements: information.

Existing law establishes the California Commission on Disability Access within the Department of General Services. The commission is charged with preventing or minimizing problems of compliance by California businesses by providing educational services and recommending programs to enable persons with disabilities to obtain full and equal access to public facilities.

Existing law requires the State Architect to establish a program for the voluntary certification by the state of any person who meets criteria as a Certified Access Specialist (CASp). This position requires certain knowledge and training on standards governing access to buildings for persons with disabilities.

Existing law also requires a commercial property owner or lessor to state on every lease form or rental agreement executed on or after January 1, 2017, whether or not the premises have undergone inspection by a CASp. each city, county, or city and county to provide applicants for a business license or equivalent instrument or permit with certain information regarding compliance with disability access provisions under federal and state law, including information on legal obligations from specified state agencies.

This bill would make nonsubstantive changes to that provision.

This bill would additionally require the above local jurisdictions issuing building permits for renovation or new construction to provide, prior to approval of the accompanying building plan by a local building inspector or planning department, an informational notice directly attached to the applicant’s application for a building permit containing specified information. The bill, among other things, would require this informational notice to include information on compliance requirements under both state and federal law and an advisory strongly encouraging the applicant to obtain a CASp inspection. The bill would include related legislative findings. By imposing new requirements on local government agencies, the bill would create a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

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Bill Text

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

SECTION 1.

 It is the intent of the Legislature, in enacting this act, to increase compliance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) and the state Unruh Civil Rights Act (Section 51 of the Civil Code) by owners and tenants of property used for public purposes and to facilitate that compliance by increasing awareness of these laws and the resources available to aid with compliance.

SEC. 2.

 Section 4469.5 is added to the Government Code, to read:

4469.5.

 (a) In addition to the information required by Section 4469, each city, county, or city and county that issues a building permit for renovation or new construction shall provide, prior to approval of the accompanying building plan by a local building inspector or planning department, an informational notice directly attached to the applicant’s application for a building permit containing the following:

(1) Information on the compliance requirements pursuant to the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) and the state’s disability access laws.

(2) An advisory that the permit applicant is strongly encouraged to obtain an inspection by a Certified Access Specialist (CASp) prior to alteration or construction to ensure that the property will be in compliance with the laws after the work is performed, and of the advantages of compliance.

(3) The names of local CASp inspectors and information on how to obtain their services.

(4) A notice of the federal and state programs that are available to assist small businesses with disability compliance and access expenditures, including, but not limited to, Section 44 of the Internal Revenue Code (disabled access credit for eligible small businesses); Section 190 of the Internal Revenue Code (deduction for expenditures to remove architectural and transportation barriers); the California Capital Access Program Americans with Disabilities Act Financing Program (CalCAP/ADA); and the Disabled Access Credit for Eligible Small Businesses specified in Sections 17053.42 and 23642 of the Revenue and Taxation Code.

(5) A link to the home page and the resource page of the California Commission on Disability Access.

(b) The informational notice specified in subdivision (a) shall be provided to the applicant in whichever format the permit application is required to be submitted.

SEC. 3.

 The Legislature finds and declares that promoting uniform statewide compliance with construction-related accessibility requirements set forth in the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) and state disability law is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this act shall apply to all cities, including charter cities.

SEC. 4.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

SECTION 1.Section 1938 of the Civil Code is amended to read:

1938.

(a)A commercial property owner or lessor shall state on each lease form or rental agreement executed on or after January 1, 2017, whether or not the subject premises have undergone inspection by a Certified Access Specialist (CASp).

(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.

(c)Making any repairs or modifications necessary to correct violations of construction-related accessibility standards that are noted in a CASp report is presumed to be the responsibility of the commercial property owner or lessor, unless otherwise mutually agreed upon by the commercial property owner or lessor and the lessee or tenant. The prospective lessee or tenant shall have the opportunity to review any CASp report prior to execution of the lease or rental agreement. If the report is not provided to the prospective lessee or tenant at least 48 hours prior to execution of the lease or rental agreement, the prospective lessee or tenant shall have the right to rescind the lease or rental agreement, based upon the information contained in the report, for 72 hours after execution of the agreement.

(d)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 Section 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.

(e)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:

“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, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises.”

(f)As used in this section, “commercial property” means property that is offered for rent or lease to persons operating, or intending to operate, a place of public accommodation as defined in Section 202 of Chapter 2 of Part 2 of Title 24 of the California Code of Regulations, or a facility to which the general public is invited, at those premises.