Bill Text: CA SB251 | 2015-2016 | Regular Session | Amended

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

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Bill Title: Disability access: civil rights: income tax credit.

Spectrum: Bipartisan Bill

Status: (Vetoed) 2016-04-25 - Last day to consider Governors veto pursuant to Joint Rule 58.5. [SB251 Detail]

Download: California-2015-SB251-Amended.html

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BILL NUMBER: SB 251	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 4, 2015

INTRODUCED BY   Senator Roth

                        FEBRUARY 18, 2015

   An act to amend Sections  52 and  55.52 
of   and 55.56 of, and to add Sections 55.535 and 1938.5
to,  the Civil Code,   to am   end Sections 4459.8
and 8299.06 of, to add Section 65941.6 to, and to add Article 4
(commencing with Section 65946) to Chapter 4.5 of Division 1 of Title
7 of, the Government Code, and to add and repeal Sections 17053.43
and 23643 of the Revenue and Taxation Code,   relating to
disability access.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 251, as amended, Roth. Civil rights: disability access.

   Existing 
    (1)     Existing  law 
establishes remedies for   prohibits 
discrimination on the basis of various specified personal
characteristics, including disability. The Construction-Related
Accessibility Standards Compliance Act establishes standards for
making new construction and existing facilities accessible to persons
with disabilities and provides for construction-related
accessibility claims for violations of those standards.  Existing
law requires certified access specialists (CASps), upon completion
of an inspection of a site, to issue a written inspection report for
the site, as specified. Existing law provides, upon being served with
a summons and complaint asserting a construction-related
accessibility claim, that a defendant may file a request for a court
stay and early evaluation conference in the proceedings, as
specified.  
   This bill would make technical, nonsubstantive changes to these
provisions.  
   This bill would provide that a business is not liable for
violating a construction-related liability standard if the business
is an inspected by a CASp site and the violation is corrected within
90 days of receiving the above-described written inspection report
from a CASp. If the alleged violation is a minor matter, as provided,
the bill would provide that the business is not liable for the
alleged violation if the violation is corrected within 30 days of
service of a summons and complaint in a construction-related
accessibility claim or receipt of a written notice, whichever is
earlier.  
   (2) Existing law establishes remedies for discrimination on the
basis of personal characteristics. Under existing law, a defendant is
liable for actual damages plus an additional amount, up to three
times actual damages but no less than $4,000, for each offense. A
defendant's liability for statutory damages for a violation of a
construction-related accessibility standard may be reduced to $1,000
for each offense if the defendant demonstrates, among other things,
that it has corrected the construction-related violations within 60
days of being served with the complaint. Under existing law, a person
who interferes with the rights of an individual with disabilities,
as provided, is liable for actual damages plus an additional amount,
up to three times actual damages but no less than $1,000, for each
offense.  
   This bill would provide that a defendant is not liable for
statutory damages for more than one offense if the defendant is a
microbusiness, as defined, and has corrected the construction-related
violation prior to the filing of the lawsuit.  
   (3) Under existing federal law, a landlord and tenant are both
responsible for compliance with the federal Americans with
Disabilities Act and implementing regulations. The parties to a lease
agreement may allocate responsibility by the lease or other
contract. 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 inspected by a
certified access specialist and, if so, whether or not the property
has been determined to meet all applicable construction-related
accessibility standards.  
   This bill would require a commercial property owner to state on
every lease form or rental agreement executed on or after January 1,
2016, that the owner or lessor and the tenant are both responsible
for compliance with the Americans with Disabilities Act and that
responsibility for compliance may be allocated between the parties by
the terms of the lease or other contract.  
   (4) 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 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 information
about the city, county, or city and county in which the applicant
intends to provide or has provided services, and would require the
Division of the State Architect to post that information on its
Internet Web site.  
   (5) 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 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
make the commission's educational materials and information available
to other state agencies and local building departments.  
   (6) The Planning and Zoning Law establishes procedures for the
application, and review of an application, for a development project.
Existing law requires a public agency to notify applicants for
development permits of specified information, including the time
limits established for the review and approval of development
permits.  
   This bill would additionally require local agencies to develop and
provide to applicants materials relating to the requirements of the
federal Americans with Disabilities Act. The bill would require a
local agency to notify an applicant that approval of a permit does
not signify that the applicant has complied with that act. The bill
would also require local agencies to expedite review of projects that
have received a written report from a CASp indicating that the site
meets applicable CASp standards, as specified. The bill would declare
that these provisions constitute a matter of statewide concern and
shall apply to charter cities and charter counties.  
   By imposing additional duties on local agencies with respect to
the receipt and review of applications for development projects, this
bill would impose a state-mandated local program.  
   (7) Existing federal law allows a credit against federal income
taxes for eligible small businesses for eligible access expenditures,
as those terms are defined, in an amount equal to 50% of eligible
access expenditures for a taxable year that exceed $250 but do not
exceed $10,250. The Personal Income Tax Law and the Corporation Tax
Law allow a credit against the taxes imposed by those laws for the
amount paid or incurred for eligible access expenditures in an amount
equal to 50% of eligible access expenditures for a taxable year as
do not exceed $250, as specified.  
   This bill would, for taxable years beginning on or after January
1, 2016, and before January 1, 2023, allow a credit under both the
Personal Income Tax Law and the Corporation Tax Law for eligible
access expenditures in an amount equal to 50% of eligible access
expenditures for a taxable year, as specified. If the taxpayer is a
microbusiness, as defined, the bill would provide that the credit is
the amount calculated pursuant to these provisions, plus an
additional $5,000.  
   (8) 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 these
statutory provisions. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
   
  SECTION 1.    Section 52 of the Civil Code is
amended to read:
   52.  (a) Whoever denies, aids or incites a denial, or makes any
discrimination or distinction contrary to Section 51, 51.5, or 51.6,
is liable for each offense for the actual damages suffered by any
person denied those rights and both of the following:
   (1) An amount to be determined by a jury, or a court sitting
without a jury, not more than three times the amount of actual
damages but not less than four thousand dollars ($4,000).
   (2) Attorney's fees as may be determined by the court.
   (b) Whoever denies the right provided by Section 51.7 or 51.9, or
aids, incites, or conspires in that denial, is liable for each
offense for the actual damages suffered by any person denied that
right and, in addition, the following:
   (1) An amount to be determined by a jury, or a court sitting
without a jury, for exemplary damages.
   (2) A civil penalty of twenty-five thousand dollars ($25,000) to
be awarded to the person denied the right provided by Section 51.7 in
an action brought by the person denied the right, or by the Attorney
General, a district attorney, or a city attorney. An action for that
penalty brought pursuant to Section 51.7 shall be commenced within
three years of the alleged practice.
   (3) Attorney's fees as may be determined by the court.
   (c) Whenever there is reasonable cause to believe that a person or
group of persons is engaged in conduct of resistance to the full
enjoyment of any of the rights described in this section, and that
conduct is of that nature and is intended to deny the full exercise
of those rights, the Attorney General, a district attorney, a city
attorney, or any person aggrieved by the conduct may bring a civil
action in the appropriate court by filing with it a complaint. The
complaint shall contain the following:
   (1) The signature of the officer, or, in his or her absence, the
individual acting on behalf of the officer, or the signature of the
person aggrieved.
   (2) The facts pertaining to the conduct.
   (3) A request for preventive relief, including an application for
a permanent or temporary injunction, restraining order, or other
order against the person or persons responsible for the conduct, as
the complainant deems necessary to ensure the full enjoyment of the
rights described in this section.
   (d) Whenever an action has been commenced in a court seeking
relief from the denial of equal protection of the laws under the
Fourteenth Amendment to the Constitution of the United States on
account of race, color, religion, sex, national origin, or
disability, the Attorney General, district attorney, or city attorney
for or in the name of the people of the State of California may
intervene in the action upon timely application if the Attorney
General, district attorney, or city attorney certifies that the case
is of general public importance. In that action, the people of the
State of California shall be entitled to the same relief as if it had
instituted the action.
   (e) Actions brought pursuant to this section are independent of
any other actions, remedies, or procedures that may be available to
an aggrieved party pursuant to any other law.
   (f) Any person claiming to be aggrieved by an alleged unlawful
practice in violation of Section 51 or 51.7 may also file a verified
complaint with the Department of Fair Employment and Housing pursuant
to Section 12948 of the Government Code.
   (g) This section does not require any construction, alteration,
repair, structural or otherwise, or modification beyond that
construction, alteration, repair, or modification that is otherwise
required by other provisions of law, to any new or existing
establishment, facility, building, improvement, or any other
structure, nor does this section augment, restrict, or alter in any
way the authority of the State Architect to require construction,
alteration, repair, or modifications that the State Architect
otherwise possesses pursuant to other laws.
   (h) For the purposes of this section, "actual damages" means
special and general damages. This subdivision is declaratory of
existing law.
   (i) Subdivisions (b) to (f), inclusive, shall not be waived by
contract except as provided in Section 51.7. 
   SEC. 2.   SECTION 1.   Section 55.52 of
the Civil Code is amended to read:
   55.52.  (a) For purposes of this part, the following definitions
apply:
   (1) "Construction-related accessibility claim" means a civil claim
in a civil action with respect to a place of public accommodation,
including, but not limited to, a claim brought under Section 51, 54,
54.1, or 55, based wholly or in part on an alleged violation of any
construction-related accessibility standard, as defined in paragraph
(6).
   (2) "Application for stay and early evaluation conference" means
an application to be filed with the court that meets the requirements
of subdivision (c) of Section 55.54.
   (3) "Certified access specialist" or "CASp" means any person who
has been certified pursuant to Section 4459.5 of the Government Code.

   (4) "Meets applicable standards" means the site was inspected by a
CASp and determined to meet all applicable construction-related
accessibility standards pursuant to paragraph (1) of subdivision (a)
of Section 55.53. A site that is "CASp inspected" on or before the
effective date of the amendments made to this section by Chapter 383
of the Statutes of 2012 means that the site "meets applicable
standards."
   (5) "Inspected by a CASp" means the site was inspected by a CASp
and is pending a determination by the CASp that the site meets
applicable construction-related accessibility standards pursuant to
paragraph (2) of subdivision (a) of Section 55.53. A site that is
"CASp determination pending" on or before the effective date of the
amendments made to this section by Chapter 383 of the Statutes of
2012 means that the site was "inspected by a CASp."
   (6) "Construction-related accessibility standard" means a
provision, standard, or regulation under state or federal law
requiring compliance with standards for making new construction and
existing facilities accessible to persons with disabilities,
including, but not limited to, any provision, standard, or regulation
set forth in Section 51, 54, 54.1, or 55 of this code, Section
19955.5 of the Health and Safety Code, the California Building
Standards Code (Title 24 of the California Code of Regulations), the
federal Americans with Disabilities Act of 1990 (Public Law 101-336;
42 U.S.C. Sec. 12101 et seq.), and the federal Americans with
Disabilities Act Accessibility Guidelines (Appendix A to Part 36 of
Title 28 of the Code of Federal Regulations).
   (7) "Place of public accommodation" has the same meaning as
 "public accommodation," as set forth   defined
 in Section 12181(7) of Title 42 of the United States Code and
the federal regulations adopted pursuant to that section.
   (8) "Qualified defendant" means a defendant in an action that
includes a construction-related accessibility claim that is asserted
against a place of public accommodation that met the requirements of
"meets applicable standards" or "inspected by a CASp" prior to the
date the defendant was served with the summons and complaint in that
action. To be a qualified defendant, the defendant is not required to
have been the party who hired any CASp, so long as the basis of the
alleged liability of the defendant is a construction-related
accessibility claim. To determine whether a defendant is a qualified
defendant, the court need not make a finding that the place of public
accommodation complies with all applicable construction-related
accessibility standards as a matter of law. The court need only
determine that the place of public accommodation has a status of
"meets applicable standards" or "inspected by a CASp."
   (9) "Site" means a place of public accommodation. 
   (10) "Microbusiness" has the same meaning as defined in Section
14837 of the Government Code. 
   (b) Unless otherwise indicated, terms used in this part relating
to civil procedure have the same meanings that those terms have in
the Code of Civil Procedure.
   SEC. 2.    Section 55.535 is added to the  
Civil Code   ,  immediately following Section 55.53
 , to read:  
   55.535.  (a) (1) A business shall not be liable for violating a
construction-related liability standard if the business is an
inspected by a CASp site and the alleged violation is corrected
within 90 days of the date of the written inspection report required
pursuant to subdivision (a) of Section 55.53.
   (2) A business shall not be liable for a violation of a
construction-related accessibility standard if the alleged violation
is a minor matter and is corrected within 30 days of the service of a
summons and complaint asserting a construction-related accessibility
claim or receipt of a written notice, whichever is earlier. For the
purposes of this paragraph, "minor matter" shall be limited to a
violation concerning interior and exterior signage, the color and
condition of parking lot paint striping, and truncated domes.
   (b) For the purposes of the period provided for in paragraph (2)
of subdivision (a), a written notice shall be deemed received when it
is delivered to the business premises. 
   SEC. 3.    Section 55.56 of the   Civil Code
  is amended to read: 
   55.56.  (a) Statutory damages under either subdivision (a) of
Section 52 or subdivision (a) of Section 54.3 may be recovered in a
construction-related accessibility claim against a place of public
accommodation only if a violation or violations of one or more
construction-related accessibility standards denied the plaintiff
full and equal access to the place of public accommodation on a
particular occasion.
   (b) A plaintiff is denied full and equal access only if the
plaintiff personally encountered the violation on a particular
occasion, or the plaintiff was deterred from accessing a place of
public accommodation on a particular occasion.
   (c) A violation personally encountered by a plaintiff may be
sufficient to cause a denial of full and equal access if the
plaintiff experienced difficulty, discomfort, or embarrassment
because of the violation.
   (d) A plaintiff demonstrates that he or she was deterred from
accessing a place of public accommodation on a particular occasion
only if both of the following apply:
   (1) The plaintiff had actual knowledge of a violation or
violations that prevented or reasonably dissuaded the plaintiff from
accessing a place of public accommodation that the plaintiff intended
to use on a particular occasion.
   (2) The violation or violations would have actually denied the
plaintiff full and equal access if the plaintiff had accessed the
place of public accommodation on that particular occasion.
   (e) Statutory damages may be assessed pursuant to subdivision (a)
based on each particular occasion that the plaintiff was denied full
and equal access, and not upon the number of violations of
construction-related accessibility standards identified at the place
of public accommodation where the denial of full and equal access
occurred. If the place of public accommodation consists of distinct
facilities that offer distinct services, statutory damages may be
assessed based on each denial of full and equal access to the
distinct facility, and not upon the number of violations of
construction-related accessibility standards identified at the place
of public accommodation where the denial of full and equal access
occurred.
   (f) (1) Notwithstanding any other law, a defendant's liability for
statutory damages in a construction-related accessibility claim
against a place of public accommodation is reduced to a minimum of
one thousand dollars ($1,000) for each offense if the defendant
demonstrates that it has corrected all construction-related
violations that are the basis of a claim within 60 days of being
served with the complaint, and the defendant demonstrates any of the
following:
   (A) The structure or area of the alleged violation was determined
to be "CASp-inspected" or "meets applicable standards" and, to the
best of the defendant's knowledge, there were no modifications or
alterations that impacted compliance with construction-related
accessibility standards with respect to the plaintiff's claim that
were completed or commenced between the date of that determination
and the particular occasion on which the plaintiff was allegedly
denied full and equal access.
   (B) The structure or area of the alleged violation was the subject
of an inspection report indicating "CASp determination pending" or
"Inspected by a CASp," and the defendant has either implemented
reasonable measures to correct the alleged violation before the
particular occasion on which the plaintiff was allegedly denied full
and equal access, or the defendant was in the process of correcting
the alleged violation within a reasonable time and manner before the
particular occasion on which the plaintiff was allegedly denied full
and equal access.
   (C) For a claim alleging a construction-related accessibility
violation filed before January 1, 2018, the structure or area of the
alleged violation was a new construction or an improvement that was
approved by, and passed inspection by, the local building department
permit and inspection process on or after January 1, 2008, and before
January 1, 2016, and, to the best of the defendant's knowledge,
there were no modifications or alterations that impacted compliance
with respect to the plaintiff's claim that were completed or
commenced between the completion date of the new construction or
improvement and the particular occasion on which the plaintiff was
allegedly denied full and equal access.
   (D) The structure or area of the alleged violation was new
construction or an improvement that was approved by, and passed
inspection by, a local building department official who is a
certified access specialist, and, to the best of the defendant's
knowledge, there were no modifications or alterations that affected
compliance with respect to the plaintiff's claim that were completed
or commenced between the completion date of the new construction or
improvement and the particular occasion on which the plaintiff was
allegedly denied full and equal access.
   (2) Notwithstanding any other law, a defendant's liability for
statutory damages in a construction-related accessibility claim
against a place of public accommodation is reduced to a minimum of
two thousand dollars ($2,000) for each offense if the defendant
demonstrates both of the following:
   (A) The defendant has corrected all construction-related
violations that are the basis of a claim within 30 days of being
served with the complaint.
   (B) The defendant is a small business that has employed 25 or
fewer employees on average over the past three years, or for the
years it has been in existence if less than three years, as evidenced
by wage report forms filed with the Economic Development Department,
and has average annual gross receipts of less than three million
five hundred thousand dollars ($3,500,000) over the previous three
years, or for the years it has been in existence if less than three
years, as evidenced by federal or state income tax returns. The
average annual gross receipts dollar amount shall be adjusted
biannually by the Department of General Services for changes in the
California Consumer Price Index for All Urban Consumers, as compiled
by the Department of Industrial Relations. The Department of General
Services shall post that adjusted amount on its Internet Web site.
   (3) This subdivision shall not be applicable to intentional
violations.
   (4) Nothing in this subdivision affects the awarding of actual
damages, or affects the awarding of treble actual damages.
   (5) This subdivision shall apply only to claims filed on or after
the effective date of Senate Bill 1186 of the 2011-12 Regular Session
of the Legislature. Nothing in this subdivision is intended to
affect a complaint filed before that date. 
   (g) Notwithstanding any other law, including, but not limited to,
Sections 52 and 54.3, a defendant in a construction-related
accessibility claim against a place of public accommodation shall not
be liable for statutory damages for more than one offense if the
site is a microbusiness, as that term is defined in paragraph (10) of
subdivision (a) of Section 55.52, and the defendant has corrected
the violation prior to the filing of the lawsuit.  
   (g) 
    (h)  This section does not alter the applicable law for
the awarding of injunctive or other equitable relief for a violation
or violations of one or more construction-related accessibility
standards, nor alter any legal obligation of a party to mitigate
damages. 
   (h) 
    (i)  In assessing liability under subdivision (d), in an
action alleging multiple claims for the same construction-related
accessibility violation on different particular occasions, the court
shall consider the reasonableness of the plaintiff's conduct in light
of the plaintiff's obligation, if any, to mitigate damages.
   SEC. 4.    Section 1938.5 is added to the  
Civil Code   , to read:  
   1938.5.  A commercial property owner or lessor shall state on
every lease form or rental agreement executed on or after January 1,
2016, that, pursuant to Section 36.201 of Title 28 of the Code of
Federal Regulations, the owner or lessor and the tenant are both
responsible for compliance with the Americans with Disabilities Act
(42 U.S.C. Sec. 12101 et seq.) and that responsibility for compliance
may be allocated between the parties by the terms of the lease or
other contract. 
   SEC. 5.    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  pay
  do the following: 
    (A)     Pay  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.  The  
   (B) Provide to the State Architect information about the city,
county, or city and county in which the applicant intends to provide
services. 
    (2)     The  State Architect shall
require each applicant for renewal of certification to  pay
  do the following: 
    (A)     Pay  a fee sufficient to cover
the reasonable costs of reassessing qualifications of renewal
applicants. 
   (B) Provide to the State Architect information about the city,
county, or city and county in which the applicant has provided
services since the last day of certification by the State Architect.
 
   (2) 
    (3)  The State Architect shall periodically review its
schedule of fees to ensure that its 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. 
   (d) The State Architect shall post on his or her Internet Web site
information about the city, county, or city and county in which each
certified access specialist provides or intends to provide services.

  SEC. 6.    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 its 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  the following  on its
Internet Web  site educational   site:
    (1)     Educational  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. 
   (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. 
   (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  complete.   complete, and make
its educational materials and information available to those agencies
and departments. 
   SEC. 7.    Section 65941.6 is added to the  
Government Code   , to read:  
   65941.6.  Each local agency shall develop materials relating to
the requirements of the Americans with Disabilities Act (42 U.S.C.
Sec. 12101 et seq.). The local agency shall provide these materials
to an applicant along with notice that approval of a permit does not
signify that the applicant has complied with the Americans with
Disabilities Act. 
   SEC. 8.    Article 4 (commencing with Section 65946)
is added to Chapter 4.5 of Division 1 of Title 7 of the  
Government Code   , to read:  

      Article 4.  Expedited Review


   65946.  (a) For the purposes of this section, the following
definitions shall apply:
   (1) "Certified access specialist" or "CASp" means any person who
has been certified pursuant to Section 4459.5.
   (2) "Construction-related accessibility standard" means a
provision, standard, or regulation under state or federal law
requiring compliance with standards for making new construction and
existing facilities accessible to persons with disabilities,
including, but not limited to, any provision, standard, or regulation
set forth in Section 51, 54, 54.1, or 55 of the Civil Code, Section
19955.5 of the Health and Safety Code, the California Building
Standards Code (Title 24 of the California Code of Regulations), the
federal Americans with Disabilities Act of 1990 (Public Law 101-336;
42 U.S.C. Sec. 12101 et seq.), and the federal Americans with
Disabilities Act Accessibility Guidelines (Appendix A to Part 36 of
Title 28 of the Code of Federal Regulations).
   (3) "Meets applicable standards" means the site was inspected by a
CASp and determined to meet all applicable construction-related
accessibility standards pursuant to paragraph (1) of subdivision (a)
of Section 55.53.
   (4) "Place of public accommodation" has the same meaning as
defined in Section 12181(7) of Title 42 of the United States Code and
the federal regulations adopted pursuant to that section.
   (5) "Site" means a place of public accommodation.
   (6) "Written inspection report" means the report required to be
provided pursuant to subdivision (a) of Section 55.53 of the Civil
Code.
   (b) A local agency shall expedite review of a project application
if the applicant provides a written inspection report provided by a
CASp indicating that the project is a site that meets applicable
standards. 
                                      SEC. 9.    Section
17053.43 is added to the   Revenue and Taxation Code 
 , to read:  
   17053.43.  (a) (1) For each taxable year beginning on or after
January 1, 2016, and before January 1, 2023, there shall be allowed
to a taxpayer a credit against the "net tax," as defined in Section
17039, for the amount paid or incurred for eligible access
expenditures in excess of two hundred fifty dollars ($250).
   (2) (A) Except as specified in subparagraph (B), the credit shall
be in an amount equal to 50 percent of the difference between the
total eligible access expenditures incurred by a taxpayer that do not
exceed ten thousand two hundred fifty dollars ($10,250) and two
hundred fifty dollars ($250).
   (B) For a taxpayer that is a microbusiness, the credit shall be in
an amount equal to the amount calculated pursuant to subparagraph
(A), plus an additional five thousand dollars ($5,000).
   (b) For the purposes of this section, the following definitions
shall apply:
   (1) "Eligible access expenditures" has the same meaning as defined
in Section 44 of the Internal Revenue Code except that the amounts
may be paid or incurred by a taxpayer other than an eligible small
business.
   (2) "Microbusiness" has the same meaning as defined in Section
14837 of the Government Code.
   (c) In the case where the credit allowed by this section exceeds
the "net tax," the excess may be carried over to reduce the "net tax"
in the following year, and the succeeding six years, if necessary,
until the credit is exhausted.
   (d) The Franchise Tax Board may prescribe rules, guidelines, or
procedures necessary or appropriate to carry out the purposes of this
section, including any guidelines regarding the substantiation of
the credit allowed by this section. Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code does not apply to any rule, guideline, or procedure prescribed
by the Franchise Tax Board pursuant to this section.
   (e) This section shall remain in effect only until December 1,
2023, and as of that date is repealed. 
   SEC. 10.    Section 23643 is added to the  
Revenue and Taxation Code   , to read:  
   23643.  (a) (1) For each taxable year beginning on or after
January 1, 2016, and before January 1, 2023, there shall be allowed a
credit to a taxpayer against the "tax," as defined in Section 23036,
for the amount paid or incurred for eligible access expenditures in
excess of two hundred fifty dollars ($250).
   (2) (A) Except as specified in subparagraph (B), the credit shall
be in an amount equal to 50 percent of the difference between the
total eligible access expenditures incurred by a taxpayer that do not
exceed ten thousand two hundred fifty dollars ($10,250) and two
hundred fifty dollars ($250).
   (B) For a taxpayer that is a microbusiness, the credit shall be in
an amount equal to the amount calculated pursuant to subparagraph
(A), plus an additional five thousand dollars ($5,000).
   (b) For the purposes of this section, the following definitions
shall apply:
   (1) "Eligible access expenditures" has the same meaning as defined
in Section 44 of the Internal Revenue Code except that the amounts
may be paid or incurred by a taxpayer other than an eligible small
business.
   (2) "Microbusiness" has the same meaning as defined in Section
14837 of the Government Code.
   (c) In the case where the credit allowed by this section exceeds
the "tax," the excess may be carried over to reduce the "tax" in the
following year, and the succeeding six years, if necessary, until the
credit is exhausted.
   (d) The Franchise Tax Board may prescribe rules, guidelines, or
procedures necessary or appropriate to carry out the purposes of this
section, including any guidelines regarding the substantiation of
the credit allowed by this section. Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code does not apply to any rule, guideline, or procedure prescribed
by the Franchise Tax Board pursuant to this section.
   (e) This section shall remain in effect only until December 1,
2023, and as of that date is repealed. 
   SEC. 11.    The Legislature finds and declares 
 that Sections 7 and 8 of this act, pertaining to the review and
approval of development permit applications, constitute matters of
statewide concern, and shall apply to charter cities and charter
counties. These Sections shall supersede any inconsistent provisions
in the charter of any city, county, or city and county. 
   SEC. 12.    It is the intent of the Legislature to
make the findings required by Section 41 of the Revenue and Taxation
Code with respect to the tax credits allowed by Sections 9 and 10 of
this act. 
   SEC. 13.    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.