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  • ADA BILLS

    Posted: October 16, 2015 | Posted by CBPA | No Comments

    AB 1230 (Gomez D) California Americans With Disabilities Small Business Capital Access Loan Program. Provides up to $50K in low interest loans for eligible ADA projects.

    • Establishes the California Americans with Disabilities Act Small Business Capital Access Loan Program within the Capital Access Loan Program,
    • Self-sustaining program to provide loans to assist small businesses in financing the costs of projects that alter or retrofit existing small business facilities,
    • “small business” defined as i) Fifteen or fewer full-time equivalent employees; ii) Less than $1 million in total gross annual income

    ·        “Eligible project” means the physical alterations or retrofits to an existing small business facility of less than 10,000 square feet necessary to ensure that facility is in compliance with the ADA.

    Status: SIGNED INTO LAW

    Position: SUPPORT

    AB 1521 (Committee on Judiciary) Construction-related accessibility claims.

    • Provides information and legal resources to small business owners to minimize their liability for ADA violations and/or respond to a lawsuit filed against them.

    ·        limits high-volume lawsuits motivated by quick settlement with business owners, rather than correction of ADA violations.  o    New demand letter requirements.o    Defines a “high-frequency litigant” (HFL); filed 10 or more complaints alleging violations of construction-related accessibility standards in the past 12 months; or an attorney who has represented 10 or more such plaintiffs in the past year. o    HFLs who file new claims have a) A higher filing fee; b) Special pleading requirements; and c) Certification by the attorney that, among other things, the complaint is not being presented primarily for an improper purpose. o    Requires attorney notification to CCDA about how their claims are resolved.

    Status: SIGNED INTO LAW

    Position: SUPPORT

    SB 251 (Roth D) Disability access: civil rights: income tax credit.

    This bill, seeks promote ADA compliance among small businesses by allowing a business owner 90 days from the date of a CASp inspection to fix violations before being subject to liability

    • protects small businesses from liability for certain violations if the business corrected the violation within 15 days of receiving notice of the potential violation.

    ·        creates tax incentives for businesses to correct violations·        requires the State Architect and the California Commission on Disability Compliance to post specified information to their respective Web sites for the purpose of

    Status: VETOED based on Governor rejecting all “tax credit” measures.  Read the veto message here.

    Position: SUPPORT

    AB 1342 (Steinorth R) Enacts measures intended to promote disability access compliance.

    Facilitate more property owners to seek a CASp certification in order to assure their properties are in compliance with the law. This certification will also lessen the number of unnecessary lawsuits while increasing access.

    • Makes it easier for business owners to find a Certified Access Specialist (CASp) by requiring the State Architect and CCDA to post information on how to find one locally.
    • Revises requirement for commercial property owners to state on lease agreements information about the condition of the leased property.
    • Extends the $1 business license to fund the Disability Access and Education Revolving Fund.

    Status: VETOED based on impact on the General Fund.  Read the veto message here.

    Position: SUPPORT

    AB 662 (Bonilla D) ADA Mandate; Adult Changing Tables.

    Would require a person, private firm, organization, or corporation that owns or manages a commercial place of public amusement, as defined, constructed on or after January 1, 2020, or renovated on or after January 1, 2025, to install and maintain at least one adult changing station, as defined, for a person with a physical disability, as specified. The bill would require a facility to ensure that the entrance to each adult changing station has conspicuous signage indicating its location, and, if the facility has a central directory, ensure that the central directory indicates the location of the adult changing station.

    • We OPPOSE this bill because it specifically circumvents the building code process and puts building code in statute.
    • We have requested a veto and asked the Governor to ask for a bill that directs the appropriate state agencies to work on this through the normal building code process.
    • As written, we are concerned this bill will expose impacted properties to unnecessary ADA lawsuits.

    Status: SIGNED INTO LAW

    Position: OPPOSE



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