Disability access: certified access specialist program: funding.
Summary
(1) The federal Americans with Disabilities Act of 1990 and the California Building Standards Code require that specified buildings, structures, and facilities be accessible to, and usable by, persons with disabilities. Existing law establishes a Disability Access and Education Revolving Fund, a continuously appropriated fund, within the Division of the State Architect for purposes of increasing disability access and compliance with construction-related accessibility requirements and developing educational resources for businesses to facilitate compliance with federal and state disability laws, as specified. Existing law requires the State Architect to establish and publicize a program for voluntary certification by the state of any person who meets specified criteria as a certified access specialist (CASp) , as provided. Existing law, on and after January 1, 2018, and until December 31, 2023, inclusive, requires any applicant for an original or renewal of a local business license or equivalent instrument or permit to pay an additional fee of $4 for that license, instrument, or permit, or in any city, county, or city and county that does not issue a business license or an equivalent instrument or permit, existing law requires an applicant for a building permit to pay an additional fee of $4, to be collected by the city, county, or city and county that issued the license, instrument, or permit for specified purposes related to disability access, including the CASp program. Commencing January 1, 2024, that fee is reduced to $1. Existing law requires a portion of those fees to be deposited in the Disability Access and Education Revolving Fund. This bill would repeal the provision reducing the fee to $1 commencing January 1, 2024, thereby extending the operation of this fee at the amount of $4 indefinitely. By expanding the increased fee deposited into the Disability Access and Education Revolving Fund, this bill would make an appropriation. (2) Existing law requires that the city, county, or city and county retain a specified percentage of the fees collected under the above-described provision, to fund administrative costs and the remainder to be deposited in a special fund, established by the city, county, or city and county to be known as the "CASp Certification and Training Fund," and used for increased CASp training and certification within that local jurisdiction. On and after January 1, 2018, and until December 31, 2023, the specified percentage to be retained is 90%. Commencing January 1, 2024, the percentage is reduced to 70%. Existing law requires that the remaining percentage of the fees be transmitted on a quarterly basis to the Division of the State Architect for deposit in the Disability Access and Education Revolving Fund. This bill would repeal the provision reducing the percentage to be retained, thereby allocating 90% of the fees to be retained by the city, county, or city and county indefinitely. The bill would expand the purpose for which the moneys in the special fund may be used to include providing financial assistance to small business owners for accessibility-related inspection, renovation, and construction and would rename the fund to be known as the "Accessibility Compliance Fund." (3) Existing law requires a city, county, or city and county to submit a report to the Division of the State Architect on the total fees collected in the prior calendar year and distribution of the proceeds, as specified. This bill would require a city, county, or city and county to include additional information in that report regarding financial assistance provided to small businesses for construction of physical accessibility improvements. By imposing an additional requirement on a local government, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Bill status
signed
all 5 stages cleared
Introduction
Feb 2022
Committee Review
Aug 2022
Assembly Passage
May 2022
Senate Passage
Aug 2022
Signed into Law
Sep 2022
Introduced Feb 15, 2022
Signed Sep 30, 2022
Floor votes · Senate Aug 22, 2022 · Assembly May 25, 2022
How they voted
34–0
Passed · 3 other
Total votes 37
Aug 22, 2022
D
Democratic29
100% Yea
R
Republican8
62% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
22
Key actions
10
Committee
9
Amendments
4
Sep 30, 2022
Signed into law
Approved by the Governor.
legislature
Aug 22, 2022
Lower · Passed
In Assembly. Ordered to Engrossing and Enrolling.
lower
Aug 22, 2022
Upper · Passed
Read third time. Passed. Ordered to the Assembly. (Ayes 36. Noes 0. Page 4939.).
upper
Aug 8, 2022
Upper · Passed
From committee: Be ordered to second reading pursuant to Senate Rule 28.8.
upper
Jun 29, 2022
Upper · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (June 28). Re-referred to Com. on APPR.
upper
Jun 15, 2022
Upper · Passed
From committee: Do pass and re-refer to Com. on JUD. (Ayes 14. Noes 0.) (June 14). Re-referred to Com. on JUD.
upper
Jun 1, 2022
Committee
Referred to Coms. on G.O. and JUD.
upper
May 25, 2022
Lower · Passed
Read third time. Passed. Ordered to the Senate. (Ayes 69. Noes 0. Page 4951.)
lower
May 19, 2022
Lower · Passed
Read second time and amended. Ordered returned to second reading.
lower
May 19, 2022
Introduced
From committee: Amend, and do pass as amended. (Ayes 14. Noes 1.) (May 19).
lower
Apr 6, 2022
Committee
In committee: Set, first hearing. Referred to suspense file.
lower
Mar 24, 2022
Committee
Re-referred to Com. on APPR.
lower
Mar 23, 2022
Lower · Passed
Read second time and amended.
lower
Mar 22, 2022
Introduced
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 1.) (March 22).
lower
Feb 24, 2022
Committee
Referred to Com. on JUD.
lower
Feb 16, 2022
Lower · Passed
From printer. May be heard in committee March 18.
lower
1 primary · 3 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Alex Lee
DDemocratic
Co
Evan Low
DDemocratic
Co
Josh Becker
DDemocratic
Co
Marc Berman
DDemocratic
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