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 20, 2015
	AMENDED IN SENATE  MAY 4, 2015

INTRODUCED BY   Senator Roth
    (   Principal coauthor:   Senator 
 Galgiani   ) 
    (   Coauthors:   Senators  
Anderson   and Nielsen   ) 

                        FEBRUARY 18, 2015

   An act to amend  Sections 55.52 and 55.56  
Section 55.32  of, and to add Sections 55.535 and 1938.5 to, the
Civil Code, to amend Sections  4459.8 and  
4459.7, 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.
    (1) Existing law 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  
that a demand letter alleging a violation of a construction-related
accessibility standard or asserting a construction-related
accessibility claim include specified information, and that copies of
the demand letter be sent to the California Commission on Disability
Access and the   State Bar of California. Existing law
repeals the requirement that a copy of a demand letter be sent to the
State Bar of California on January 1, 2016.  
   This bill would extend the above-described January 1, 2016, repeal
date, to January 1, 2019. 
    (2)     Existing law requires a certified
 access  specialists (CASps),  specialist
(CASp),  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.  Under existing law, a  
defendant is liable for actual damages plus minimum statutory damages
for each instance of discrimination. 
   This bill would provide that a  business  
business, prior to the initiation of litigation, receipt of a demand
letter, or a business that is otherwise on notice of a violation
  of a construction-related accessibility standard prior to
a CASp inspection,  is not liable  for minimum statutory
damages  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   the date of an
 inspection  report from   by  a CASp.
 If the alleged violation is a minor matter, as provided,
the   The  bill would  also  provide that
 the   a small  business is not liable for
 the   minimum statutory damages for an 
alleged violation if the violation  concerns interior or exterior
signage, the color and condition of parking lot paint striping, or
truncated domes and  is corrected within  30 
 15  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   CASp  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 the State Architect to annually publish a list of CASps.
 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  additionally  require  the State
Architect to publish, and periodically update, an easily accessible
list of businesses which have been inspected by a CASp on or after
January 1, 2016, including the date of the inspection. The bill would
also require  applicants for CASp certification or renewal to
additionally provide to the State Architect  information
about   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 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.   Act,
or to instead provide similar materials developed by the California
Commission on Disability Access.  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.  
for which the applicant provides a copy of a disability access
certificate, demonstrates that the project is necessary to address an
alleged violation of a construction-related access standard or a
violation noted in a CASp report, and, if project plans are necessary
for approval, has had a CASp review the project plans for compliance
with all applicable construction-related accessibili   ty
standards.  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: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
   
  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
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. 
   SECTION 1.    Section 55.32 of the   Civil
Code   , as added by Section 5 of Chapter 383 of the
Statutes of 2012, is amended to read: 
   55.32.  (a) An attorney who provides a demand letter, as defined
in subdivision (a) of Section 55.3, shall do all of the following:
   (1) Include the attorney's State Bar license number in the demand
letter.
   (2) Contemporaneously with providing the demand letter, send a
copy of the demand letter to the State Bar of California by facsimile
transmission at 1-415-538-2171, or by mail to 180 Howard Street, San
Francisco, CA, 94105, Attention: Professional Competence.
   (3) Within five business days of providing the demand letter, send
a copy of the demand letter to the California Commission on
Disability Access.
   (b) An attorney who sends or serves a complaint, as defined in
subdivision (a) of Section 55.3, shall send a copy of the complaint
to the California Commission on Disability Access within five
business days of sending or serving the complaint.
   (c) A violation of paragraph (2) or (3) of subdivision (a) or
subdivision (b) shall constitute cause for the imposition of
discipline of an attorney where a copy of the complaint or demand
letter is not sent to the California Commission on Disability Access
within five business days, or a copy of the demand letter is not sent
to the State Bar within five business days. In the event the State
Bar receives information indicating that an attorney has failed to
send a copy of the complaint or demand letter to the California
Commission on Disability Access within five business days, the State
Bar shall investigate to determine whether paragraph (3) of
subdivision (a) or subdivision (b) has been violated.
   (d) Notwithstanding subdivisions (a) and (b), an attorney is not
required to send to the State Bar of California or the California
Commission on Disability Access a copy of any subsequent demand
letter or amended complaint in the same dispute following the initial
demand letter or complaint, unless that subsequent demand letter or
amended complaint alleges a new construction-related accessibility
claim.
   (e) A demand letter or complaint sent to the California Commission
on Disability Access shall be for the informational purposes of
Section 8299.08 of the Government Code. A demand letter received by
the State Bar from either the sender or recipient of the demand
letter shall be reviewed by the State Bar to determine whether
subdivision (b) or (c) of Section 55.31 has been violated.
   (f) (1) Commencing July 31, 2013, and annually each July 31
thereafter, the State Bar shall report to the Legislature and the
Chairs of the Senate and Assembly Committees on Judiciary, both of
the following with respect to demand letters received by the State
Bar:
   (A) The number of investigations opened to date on a suspected
violation of subdivision (b) or (c) of Section 55.31.
   (B) Whether any disciplinary action resulted from the
investigation, and the results of that disciplinary action.
   (2) A report to be submitted pursuant to this subdivision shall be
submitted in compliance with Section 9795 of the Government Code.
   (g) The California Commission on Disability Access shall review
and report on the demand letters and complaints it receives as
provided in Section 8299.08 of the Government Code.
   (h) Paragraphs (2) and (3) of subdivision (a) and subdivision (b)
shall not apply to a demand letter or complaint sent or filed by an
attorney employed or retained by a qualified legal services project
or a qualified support center, as defined in Section 6213 of the
Business and Professions Code, when acting within the scope of
employment in asserting a construction-related accessibility claim.
The Legislature finds and declares that qualified legal services
projects and support centers are extensively regulated by the State
Bar of California, and that there is no evidence of any abusive use
of demand letters or complaints by these organizations. The
Legislature further finds that, in light of the evidence of the
extraordinarily small number of construction-related accessibility
cases brought by regulated legal services programs, and given the
resources of those programs, exempting regulated legal services
programs from the requirements of this section to report to the
California Commission on Disability Access will not affect the
purpose of the reporting to, and tabulation by, the commission of all
other construction-related accessibility claims.
   (i) This section shall become operative on January 1, 2013.
   (j) This section shall remain in effect only until January 1,
 2016,   2019,  and as of that date is
 repealed, unless a later enacted statute, that is enacted
before January 1, 2016, deletes or extends that date.  
repealed. 
   SEC. 2.    Section 55.32 of the   Civil Code
  , as added by Section 6 of Chapter 383 of the Statutes of
2012, is amended to read: 
   55.32.  (a) An attorney who provides a demand letter, as defined
in subdivision (a) of Section 55.3, shall do all of the following:
   (1) Include the attorney's State Bar license number in the demand
letter.
   (2) Within five business days of providing the demand letter, send
a copy of the demand letter to the California Commission on
Disability Access.
   (b) An attorney who sends or serves a complaint, as defined in
subdivision (a) of Section 55.3, shall send a copy of the complaint
to the California Commission on Disability Access within five
business days of sending or serving the complaint.
   (c) A violation of paragraph (2) of subdivision (a) or subdivision
(b) shall constitute cause for the imposition of discipline of an
attorney if a copy of the demand letter or complaint is not sent to
the California Commission on Disability Access within five business
days. In the event the State Bar receives information indicating that
an attorney has failed to send a copy of the demand letter or
complaint to the California Commission on Disability Access within
five business days, the State Bar shall investigate to determine
whether paragraph (2) of subdivision (a) or subdivision (b) has been
violated.
   (d) Notwithstanding subdivisions (a) and (b), an attorney is not
required to send to the California Commission on Disability Access a
copy of any subsequent demand letter or amended complaint in the same
dispute following the initial demand letter or complaint, unless
that subsequent demand letter or amended complaint alleges a new
construction-related accessibility claim.
   (e) A demand letter sent to the California Commission on
Disability Access shall be for the informational purposes of Section
8299.08 of the Government Code. A demand letter received by the State
Bar from the recipient of the demand letter shall be reviewed by the
State Bar to determine whether subdivision (b) or (c) of Section
55.31 has been violated.
   (f) (1) Notwithstanding Section 10231.5 of the Government Code, on
or before July 31,  2016,   2019,  and
annually thereafter, the State Bar shall report to the Legislature
and the Chairs of the Senate and Assembly Judiciary Committees, both
of the following with respect to demand letters received by the State
Bar:
   (A) The number of investigations opened to date on a suspected
violation of subdivision (b) or (c) of Section 55.31.
   (B) Whether any disciplinary action resulted from the
investigation, and the results of that disciplinary action.
   (2) A report to be submitted pursuant to this subdivision shall be
submitted in compliance with Section 9795 of the Government Code.
   (g) The California Commission on Disability Access shall review
and report on the demand letters and complaints it receives as
provided in Section 8299.08 of the Government Code.
   (h) The expiration of any ground for discipline of an attorney
shall not affect the imposition of discipline for any act prior to
the expiration. An act or omission that constituted cause for
imposition of discipline of an attorney when committed or omitted
prior to January 1,  2016,   2019,  shall
continue to constitute cause for the imposition of discipline of that
attorney on and after January 1,  2016.   2019.

   (i) Paragraph (2) of subdivision (a) and subdivision (b) shall not
apply to a demand letter or complaint sent or filed by an attorney
employed or retained by a qualified legal services project or a
qualified support center, as defined in Section 6213 of the Business
and Professions Code, when acting within the scope of employment in
asserting a construction-related accessibility claim. The Legislature
finds and declares that qualified legal services projects and
support centers are extensively regulated by the State Bar of
California, and that there is no evidence of any abusive use of
demand letters or complaints by these organizations. The Legislature
further finds that, in light of the evidence of the extraordinarily
small number of construction-related accessibility cases brought by
regulated legal services programs, and given the resources of those
programs, exempting regulated legal services programs from the
requirements of this section to report to the California Commission
on Disability Access will not affect the purpose of the reporting to,
and tabulation by, the commission of all other construction-related
accessibility claims.
   (j) This section shall become operative on January 1, 
2016.   2019. 
   SEC. 2.   SEC. 3.   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   A business, prior to the
initiation of litigation, receipt of a demand letter, or that is
otherwise on notice of a violation of a construction-related
accessibility standard prior to a CASp inspection, shall not be
liable for minimum statutory damages  for violating a
construction-related liability  standard  
standard, as   defined in Section 55.52, that is noted in
the CASp report  if  the business is an inspected by a
CASp site and the alleged   the  violation is
corrected within 90 days of the date of the  written
inspection report required pursuant to subdivision (a) of Section
55.53.   CASp inspection.  
   (2) A business 
    (b)     A small business, as that term is
defined in subparagraph (B) of paragraph (2) of subdivision (f) of
Section 55.56,  shall not be liable  for minimum statutory
damages  for  a violation of   violating
 a construction-related accessibility standard if  the
  both of the following conditions are met: 
    (1)     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   concerns 
interior  and   or exterior signage, the
color  and   or  condition of parking lot
paint striping,  and   or  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.  
   (2) The violation is corrected within 15 days of the service of a
summons and complaint asserting a construction-related accessibility
claim or receipt of a written notice, whichever is earlier. 

  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.
   (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.
   (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 4459.7 of the  
Government Code   is amended to read: 
   4459.7.  (a)  (1)    No later than October 31 of
each year, the State Architect shall publish and make available to
the public  both  a list of certified access specialists who
have met the requirements of Section 4459.5.  This list

    (2)     The State Architect shall 
 publish an easily accessible list of businesses which have been
inspected by a certified access specialist on or after January 1,
2016, including the date of the inspection. The State Architect shall
periodically update this list. 
    (3)     The lists required pursuant to this
section  shall include a written disclaimer of liability as
specified in subdivision (b).
   (b) Notwithstanding any other provision of law, a state agency or
employee of a state agency may not be held liable for any injury or
damages resulting from any service provided by a certified access
specialist whose name appears on the list published pursuant to
subdivision (a).
                         (c) The State Architect may perform periodic
audits of work performed by a certified access specialist as deemed
necessary to ensure the desired standard of performance. A certified
access specialist shall provide an authorized representative of the
State Architect with complete access, at any reasonable hour of the
day, to all technical data, reports, records, photographs, design
outlines and plans, and files used in building inspection and plan
review, with the exception of proprietary and confidential
information.
   SEC. 5.   SEC. 6.   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 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.
   (B) Provide to the State Architect  information about
 the  name of 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 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  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.
   (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  name of the 
city, county, or city and county in which each certified access
specialist provides or intends to provide services.
   SEC. 6.   SEC. 7.   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:
   (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
  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, and make its educational materials and
information available to those agencies and departments.
   SEC. 7.   SEC. 8.   Section 65941.6 is
added to the Government Code, to read:
   65941.6.   (a)    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. 
   (b) For the purposes of complying with the requirements of
subdivision (a), a local agency may, in lieu of developing its own
materials, provide applicants with those materials which the
California Commission on Disability Access has developed and made
available pursuant to Section 8299.06. 
   SEC. 8.   SEC. 9.   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) 
    (3)  "Written inspection report" means the  CASp
 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   project applicant meets all
of the following conditions: 
    (1)     The applicant  provides a
 written inspection report   copy of a
disability access inspection certificate,  provided by a CASp
 indicating that the project is a site that meets applicable
standards.   pursuant to subdivision (e) of Section
55.53 of the Civil Code, pertaining to the site of the proposed
project.  
   (2) The applicant demonstrates that the proposed project is
necessary to address either an alleged violation of a
construction-related accessibility standard or a violation noted in a
written inspection report.  
   (3) If project plans are necessary for the approval of a project,
the applicant has had a CASp review the project plans for compliance
with all applicable construction-related accessibility standards.

   SEC. 9.   SEC. 10.   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, 
 small business,  the credit shall be in an amount equal to
 the amount calculated pursuant to subparagraph (A), plus an
additional five thousand dollars ($5,000).   50 percent
of the difference between the total eligible access expenditures
incurred by a taxpayer that do not exceed fifteen thousand two
hundred fifty dollars ($15,250) and two hundred fifty dollars ($250).
 
   (C) In the case of a partnership, the limitation under this
paragraph shall apply with respect to the partnership and each
partner. A similar rule shall apply in the case of an "S"
corporation. 
   (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   44(c)  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.  
   (2) (A) "Small business" means a trade or business that, in the
three immediately preceding taxable years, had average gross
receipts, less returns and allowances reportable to this state, of
less than three million five-hundred thousand dollars ($3,500,000)
and employed 25 or fewer full-time employees.  
   (B) For the purposes of this paragraph, "gross receipts, less
returns and allowances reportable to this state" means the sum of the
gross receipts from the production of business income, as defined in
subdivision (a) of Section 25120, and the gross receipts from the
production of nonbusiness income, as defined in subdivision (d) of
Section 25120.  
   (C) For the purposes of this paragraph, "full-time employee" means
an employee of the taxpayer who works at least 30 hours per week.

   (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 credit allowed by this section may be claimed only on a
timely filed original return of the taxpayer.  
   (e) In the case of a credit allowed under this section, the
following shall apply:  
   (1) A deduction or credit shall not be allowed for that amount
under any other provision of this part.  
   (2) An increase in the adjusted basis of any property shall not
result from that amount. 
   (d) 
    (f)  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) 
    (g)  This section shall remain in effect only until
December 1, 2023, and as of that date is repealed.
   SEC. 10.   SEC. 11.   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, 
 small business,  the credit shall be in an amount equal to
 the amount calculated pursuant to subparagraph (A), plus an
additional five thousand dollars ($5,000).   50 percent
of the difference between the total eligible access expenditures
incurred by a taxpayer that do not exceed fifteen thousand two
hundred fifty dollars ($15,250) and two hundred fifty dollars ($250).
 
   (C) In the case of a partnership, the limitation under this
paragraph shall apply with respect to the partnership and each
partner. A similar rule shall apply in the case of an "S"
corporation. 
   (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   44(c)  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.  
   (2) (A) "Small business" means a trade or business that, in the
three immediately preceding taxable years, had average gross
receipts, less returns and allowances reportable to this state, of
less than three million five-hundred thousand dollars ($3,500,000)
and employed 25 or fewer full-time employees.  
   (B) For the purposes of this paragraph, "gross receipts, less
returns and allowances reportable to this state" means the sum of the
gross receipts from the production of business income, as defined in
subdivision (a) of Section 25120, and the gross receipts from the
production of nonbusiness income, as defined in subdivision (d) of
Section 25120.  
   (C) For the purposes of this paragraph, "full-time employee" means
an employee of the taxpayer who works at least 30 hours per week.
 
   (D) The dollar amount specified in paragraph (A) shall apply to
the gross receipts of all taxpayers required or authorized to be
included on a combined report pursuant to Section 25101 or 25101.15.

   (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 credit allowed by this section may be claimed only on a
timely filed original return of the taxpayer.  
   (e) In the case of a credit allowed under this section, the
following shall apply:  
   (1) A deduction or credit shall not be allowed for that amount
under any other provision of this part.  
   (2) An increase in the adjusted basis of any property shall not
result from that amount.  
   (d) 
    (f)  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) 
    (g)  This section shall remain in effect only until
December 1, 2023, and as of that date is repealed.
   SEC. 11.   SEC. 12.   The Legislature
finds and declares that Sections  7   8 
and  8   9  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.   SEC. 13.   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   10  and  10
  11  of this act.
   SEC. 13.   SEC. 14.   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.