Rachelle Golden, Esq

BILLS signed into law – (amendments are highlighted and in bold)

• AB 2483 Signed into law by Gov. Newsom 9/28/22 -
  Housing for individuals experiencing homelessness
  
  
  • To award incentives by 12/31/2023 to the Multifamily Housing Program project applicants that agree to set aside at least 20% of the project’s units, or no more than 50% of the projects units if the project includes more than 100 units for homeless or eligible to receive specialized services.
  • Authorizes the state to contract with agencies/individuals to assist disabled persons in securing their own homes and provide support needed to live in their own homes.
  • Incentives are:
    1. Higher loan limits are higher for units designated for people experiencing homelessness.
    2. An exemption for project applicants to submit a services plan for units set aside under this sections, so long as the project applicant has completed an executed agreement with a provider for qualifying services to offer services in set aside units.
    3. An exemption from services caps the Department imposes.
    4. Allowing project applicants to use funds made available under this chapter for creating alternative care sites for projects aligning with PACE or other service space to offer other qualifying services to eligible individuals.
       
       
• AB 2164 Signed into law by Gov. Newsom 9/30/22 
  Disability Access: Certified Access Specialist Program
  
  
  • Eliminates collection of $1.00 on 1/1/24 and makes a $4.00 collection indefinite.
  • 90% of the funds are to be retained by the jurisdiction indefinitely and expands the use to provide financial assistance for small businesses for access inspections, renovations and construction.
  • Each city, county, or city and county shall make an annual report, commencing March 1, 2014, to the Division of the State Architect, and, commencing March 1, 2023, to the Architect of the total fees collected in the previous calendar year and of its distribution, including the moneys spent on administrative services, the activities undertaken and moneys spent to increase CASp services, the activities undertaken and moneys spent to fund programs to facilitate accessibility compliance, including the total amount of financial assistance provided to small businesses for construction of physical accessibility improvements and the number of small businesses that obtained financial assistance for construction of physical accessibility improvements, and the moneys transmitted to the Disability Access and Education Revolving Fund.
    
    
• AB 2638 Signed into law by Gov. Newsom 9/29/22-
  "Water bottle filling station"
  
  
  • The definition is defined as a “water dispenser accessible to all people in compliance with the Americans with Disabilities Act that dispenses clean water directly into a water bottle or other drinking container.”
  • This bill would require new construction or modernization project submitted to the Division of the State Architect by a school district or the governing body of a charter school to include water bottle filling stations, as specified. The bill would require, for modernization projects, a minimum of one water bottle filling station for each school undergoing modernization, and for new construction projects, a minimum of one water bottle filling station per 350 people at each school being constructed. The bill would require water bottle filling stations to be placed in or near high traffic and common areas and to meet specified requirements, including dispensing drinking water that meets primary drinking water standards and secondary drinking water standards, as defined. The bill would provide that these requirements only apply to new construction and modernization projects submitted to the Division of the State Architect 3 months after voters approve a statewide general obligation bond that provides funds for school facilities for kindergarten or any of grades 1 to 12, inclusive, at a statewide election occurring on or after November 1, 2022.
    
    

• AB2075 Signed into law by Gov. Newsom, 9/16/22
  Energy: Electric vehicle charging standards

  • The California Building Standards Law provides for the adoption of building standards by state agencies by requiring all state agencies that adopt or propose adoption of any building standard to submit the building standard to the California Building Standards Commission for approval and adoption. Existing law requires the California Building Standards Commission to adopt, approve, codify, and publish mandatory building standards for the installation of future electric vehicle charging infrastructure for parking spaces in multifamily dwellings and nonresidential development, as specified. Existing law requires the California Building Standards and the Department of Housing and Community Development, in proposing and adopting those mandatory building standards, to consult interested parties.

  • This bill would specify the State Energy Resources Conservation and Development Commission (Energy Commission) is an interested party that the California Building Standards Commission and the Department of Housing and Community Development are required to consult with in proposing and adopting those standards. The bill would require the California Building Standards Commission, as part of each triennial California Building Standards Code rulemaking cycle that commences on or after January 1, 2023, to convene a workshop or other collaborative process on electric vehicle charging infrastructure standards, and would require the Energy Commission, as part of its participation in the workshop or collaborative process, to incorporate the most recent update to a specified statewide assessment of electric vehicle charging infrastructure, any relevant electric load forecasts, and the statewide transportation electrification goals, as specified.

  • Existing law requires the gather or develop, and publish on the Energy Commission’s internet website, guidance and best practices to help certain entities overcome barriers to electrification of buildings and installation of electric vehicle charging equipment that include certain topics, including the development of whole building electrification plans to help building owners prepare for future additions of electrical equipment. Existing law authorizes the building electrification plans to include wiring changes and energy planning to reduce the need for rework and help correctly size distributed energy and energy storage systems to anticipated future needs.

  • This bill would specify that the anticipated future needs include future voluntary and mandatory vehicle charging standards in the California Building Standards Code.

• SB1354 -– Signed into law by Gov. Newsom, 9/30/22
  Design-build contracting: cities, counties, and cities and counties

  • Existing law, until January 1, 2025, authorizes local agencies, as defined, to use the design-build procurement process for specified public works with prescribed cost thresholds. Existing law requires specified information submitted by a design-build entity in the design-build procurement process to be certified under penalty of perjury.
  • This bill would authorize a city, county, or city and county to use the design-build contracting process to award contracts for constructing projects that are necessary in order to comply with the federal Americans with Disabilities Act of 1990. construction-related accessibility standards, as specified. By expanding design-build authority to include additional projects, the bill would expand the scope of the crime of perjury, thereby imposing 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
    
    

• AB30 - Signed into law by Gov. Newsome, 9/30/22.
  Equitable Outdoor Access Act.

  • This bill would establish the Equitable Outdoor Access Act, which sets forth the state’s commitment to ensuring all Californians can benefit from, and have meaningful access to, the state’s rich cultural and natural resources. The bill would declare that it is state policy, among other things, to ensure that all Californians have equitable opportunities to safe and affordable access to nature and access to the benefits of nature, and to prevent and minimize the intentional and unwarranted limitation of sustainable public access to public lands, where appropriate, including, but not limited to, local, regional, state, and federal parks, rivers, lakes, beaches, forests, mountain ranges, deserts, and other natural landscapes. The bill would require specified state agencies to consider and incorporate, as appropriate, the state policy when revising, adopting, or establishing policies, regulations, or grant criteria, or making expenditures, as specified. The bill would require all state agencies implementing the above-described state policy to do so in a manner consistent with the mission of their agency and that protects the health and safety of the public and conserves natural and cultural resources. The bill would require the state to encourage the types of access that promote, and are consistent with, specified conservation goals. The bill would require the Natural Resources Agency to prepare and submit a report to the Legislature with information related to the implementation of these provisions on or before January 1, 2024.

  • Policy behind bill: Countless Californians still face barriers to visiting and enjoying the state’s natural resources and outdoor spaces, including local, regional, state, and federal parks and beaches, and other public lands and outdoor spaces. These barriers include, but are not limited to, the following:

    1. Lack of safe, reliable, and affordable routes to outdoor spaces, including transportation and pathways accessible for people with disabilities.
    2. Cost of admission, parking, and overnight accommodations at or near these spaces.
    3. Lack of accessible public information and exposure to the outdoors necessary to ensure familiarity and comfort with being in these spaces.
    4. Lack of culturally relevant and multilingual programming.
    5. Lack of local, quality outdoor spaces and amenities, including parks, pedestrian tree canopies, green streets, greenways, trails, community gardens, and other greenspaces.
    6. Lack of outdoor programming opportunities, including, but not limited to, recreational, cultural, and educational activities, in many communities.
    7. Local hostility towards visitors of these spaces and intentional efforts to restrict access.

BILLS to watch

• AB 1883 Held Under Submission
  Public Restroom List 
  • Jurisdictions are to complete a list of inventory of accessible, permanent public restrooms owned and maintained (either directly or via contract) by 7/1/23. The findings must be reported to the State Department of Public Health and make the information available and searchable to the public on its website. Outreach to homelessness would be required to inform them of the database.
  • The database would be updated quarterly
  • This bill would repeal its provisions on January 1, 2027
    

• AB 2829 (held under submission, no hearing on calendar.)
  DSA Grant Program

  • This bill, until January 1, 2028, would establish the Certified Access Specialist Inspection Grant Program to assist small businesses in obtaining CASp inspections, and would require the State Architect to administer the program. The bill would authorize small businesses, defined to mean a business with fewer than 50 employees, as specified, with a physical property in the state, to apply for a grant for a CASp inspection of the small business’s property, in an amount equal to the actual cost of the inspection, not to exceed $3,000 per inspection. The bill would require the State Architect to develop an application and to develop criteria to evaluate and award the grants, as specified, and would require the State Architect to annually submit a report to the Legislature on the results of the program. The bill would appropriate an unspecified amount from the General Fund to the Certified Access Specialist Fund, a continuously appropriated fund, for purposes of the program. This bill would also make findings and declarations related to a gift of public funds.
    
    

• SB1482 – Returned to Senate without Gov. Newsom's signature on 9/28/22
  Building Standards: Electric Vehicle Charging Infrastructure: 

  • This bill would instead require the commission and the Department of Housing and Community Development to research and develop, and would authorize the commission to adopt, approve, codify, and publish, mandatory building standards for the installation of electric vehicle charging infrastructure for parking spaces in multifamily dwellings and nonresidential development. The bill would authorize those mandatory building standards to require that each dwelling unit with access to a parking space have at least one parking space served by a dedicated branch circuit terminating in a receptacle or an electric vehicle charging station and include specified signage for those electric vehicle parking spaces. The bill would additionally require the commission and the department to consult with multifamily dwelling residents and electric vehicle equity advocate groups in researching and developing these standards.

  • Will add Section 18941.13 to the Health and Safety Code and will carve out an “undue hardship” exception.
    

Bills of Interest (Not Necessarily Related to the CASp Program):

• AB2917 –Signed into law by Gov. Newsom 9/28/22
  Internet Websites, Parking Lots, and Exterior Paths of Travel
  
  
  • Existing law requires an attorney who sends or serves a complaint on the basis of one or more construction-related accessibility claims to satisfy specified requirements, including, among other things, sending a copy of the complaint and submitting information about the complaint to the California Commission on Disability Access.
  • This bill would also require an attorney who sends or serves a complaint alleging that an internet website is not accessible to satisfy those requirements.
  • Existing law requires the commission to, among other things, work with other state agencies to develop educational materials and information for use by businesses to understand their obligations to provide disability access and to facilitate compliance with construction-related accessibility standards. Existing law requires the commission to develop and make available on its internet website, or work with another agency to develop, toolkits or educational modules that would educate businesses of the accessibility requirements and to facilitate compliance with those requirements.
  • This bill would require those educational materials, information, and toolkits or educational modules to also address and facilitate compliance with accessibility standards and requirements for internet websites. The bill would also require the commission to develop toolkits or educational modules that focus on construction-related accessibility violations in parking lots and exterior paths of travel, including a checklist for businesses to recognize the most common construction-related accessibility violations in those areas, by January 1, 2024.
    
    
• AB1632 – Signed into law by Gov. Newsom 9/30/22
  Restroom Access: Medical Conditions 
  
  • Existing law sets forth various requirements for providing restroom access in the workplace, place of public accommodation, or elsewhere, under specified circumstances, including, among others, provisions relating to employees, disabled travelers, baby diaper changing stations, and all-gender toilet facilities.
  • This bill would, if certain conditions are met, require a place of business that is open to the general public for the sale of goods and that has a toilet facility for its employees to allow any individual who is lawfully on the premises of that place of business to use that toilet facility during normal business hours, even if the place of business does not normally make the employee toilet facility available to the general public.
  • Applies to businesses that have three or more employees working at one time, and excludes restrooms that are in employee changing areas, or places that would present a health and safety hazard.
  • An employee toilet facility, as accessed pursuant to this article, shall not be construed as a place of public accommodation for purposes of state law.
  • A willful or grossly negligent violation of this requirement would be subject to a civil penalty, not exceeding $100 per violation
  • No private right of action created.
  • Under the bill, conditions for the above requirement would include, among others, that the individual has an eligible medical condition or uses an ostomy device, that a public restroom is not immediately accessible to the individual, and that providing access would not create an obvious health or safety risk to the individual or obvious security risk to the place of business. The bill would define “eligible medical condition” as Crohn’s disease, ulcerative colitis, other inflammatory bowel disease, irritable bowel syndrome, or another medical condition that requires immediate access to a toilet facility.
  • The bill would permit the place of business to require the individual to present reasonable evidence of an eligible medical condition or use of an ostomy device. The bill would authorize the individual to satisfy that evidence requirement through a signed statement by a licensed physician, nurse practitioner, or physician assistant, on a specified form to be developed by the State Department of Public Health and posted on its internet website.
  • State Department of Public Health is to create a standardized form, and the Department of Consumer Affairs is the enforcing agency.
  • The bill would require the department to implement these provisions in consultation with the Department of Consumer Affairs, and only to the extent not in conflict with nor construed to limit rights under civil rights law, as specified.
    
    
• SB1194 – Signed into law by Gov. Newsom 9/29/22
  Public Restrooms: Building Standards 
  
  • Existing law requires a public agency, as defined, that serves the public or is open to the public and maintains toilet facilities to make those facilities available to the public free of charge. Existing law, the California Building Standards Law, establishes the California Building Standards Commission within the Department of General Services. Existing law requires the commission to approve and adopt building standards and to codify those standards in the California Building Standards Code.
    
  • This bill would authorize a city, county, or city and county to require, by ordinance or resolution, that public restrooms constructed within its jurisdiction be designed to serve all genders, as specified, instead of complying with the plumbing standards set forth in the California Building Standards Code. This authority will become inoperative and be repealed on the date that standards that address all gender multiuser facilities take effect in the California Building Standards Code.
    
• SB963 – Signed into law by Gov. Newsom, 9/13/22
  Historical Preservation: California Cultural and Historical Endowment 
  
  • Existing law, to the extent funding is available, requires the endowment to establish a program to assist and enhance the services of California’s museums and of other groups and institutions that undertake cultural projects that are deeply rooted in and reflective of previously underserved communities. Existing law requires the program to give priority to certain museum and cultural programs and projects, as provided.
    
  • This bill would revise and recast those provisions to, among other things, instead require the endowment to establish a competitive grant program to assist and enhance the services of museums in the state that undertake programs and projects that are deeply rooted in and reflective of underserved communities. The bill would instead require the grant program to give priority to those programs and projects (A) serving pupils and teachers at schools eligible to be served under Title I, Part A of the federal Elementary and Secondary Education Act, (B) serving children in low-income communities, (C) supporting a museum in engaging or collaborating with underserved communities, including people with disabilities, (D) advancing preservation of at-risk cultural and natural collections and historic buildings, as provided, (E) improving access to historic buildings, cultural sites, or museums, as specified, (F) supporting the ethical stewardship of culturally sensitive art and artifacts, as provided, or (G) educating the public about critical issues affecting Californians.
  • Existing law authorizes the California Cultural and Historical Endowment to create a specified competitive grant program to support, among other things, small capital projects in museums. Existing law requires funding for the grant program to only be made, upon appropriation by the Legislature, from certain collected funds.
  • This bill would expand that authority to support capital projects in museums, without regard to size, and publications in museums. The bill would delete the funding limitation for the grant program.
    
    
• AB2535 – Held Under Submission.
  Department of Parks and Recreation: Grants: Playgrounds and Play Structures 
  • Existing law establishes within the Natural Resources Agency the Department of Parks and Recreation, which controls the state park system.
    Existing law provides a process for the establishment of recreation and park districts. Existing law authorizes a recreation and park district to accept any revenue, money, grants, goods, or services from any federal, state, regional, or local agency or from any person for any lawful purpose of the district.
    This bill would, to the extent not in conflict with the terms of an existing park grant program or applicable bond act, or the requirements of any other funding source, for any grant application submitted on and after January 1, 2023, prohibit the Department of Parks and Recreation, or any other state agency, from awarding any grant funds to a grant applicant for purposes of constructing or rehabilitating a playground or play structure, unless the playground or play structure that is proposed for construction or rehabilitation complies with the United States Department of Justice’s 2010 ADA Standards for Accessible Design. The bill would, to the extent not in conflict with the terms of an existing park grant program or applicable bond act, or the requirements of any other funding source, for any grant application submitted on and after January 1, 2024, prohibit the Department of Parks and Recreation, or any other state agency, from awarding any grant funds to a grant applicant for purposes of constructing or rehabilitating a playground or play structure, unless the playground or play structure that is proposed for construction or rehabilitation complies with the United States Department of Justice’s 2010 ADA Standards for Accessible Design and the standards to be adopted by the Department of Parks and Recreation on or before January 1, 2024, as provided.
    
• AB117 – Vetoed by Gov. Newsom 9/28/22 
  Air Quality Improvement Program: Electric Bicycles 
  
  • This bill would specify projects providing incentives for purchasing electric bicycles, as defined, as projects eligible for funding under the program. The bill would establish an Electric Bicycle Incentives Project to provide incentives, in the form of vouchers, to income-qualified individuals for the purchase of electric bicycles, as provided.
    
  • “Electric bicycle” has the same meaning as set forth in Section 312.5 of the Vehicle Code and includes, but is not limited to, electric bicycles designed for people with disabilities, utility bicycles for carrying equipment or passengers, including children, and folding bicycles.
    

Study Like A Specialist Workshop  – December 8th, 2022

Preparing for the CASp exam isn’t for the weak of heart! But how do you begin?

Shift your mindset from cramming for a test to developing skills that will grow your knowledge as a Specialist. How you study sets the foundation for how you will practice as a CASp. During this 2-hour session you will learn best practices for CASp exam preparation including how to:

•    Build a reasonable study plan

•    Carve out time for practice

•    Study smarter, not harder

•    Set realistic expectations for the test

•    Leverage exam results for success

Whether this is your first run or a repeat attempt, the tools provided in this workshop will help you elevate to the next level as an access professional - but first, you have to pass that exam!

CASI Members: FREE

Non-Members: $35

CASI Bimonthly Discussion Group

The next Discussion group will be in early 2023. Stay tuned for future discussions!

The purpose of the Discussion Group is to connect CASI members to discuss various aspects of the California Building Code and federal accessibility standards.

Bi-monthly sessions will be held beginning on September 9th from 1pm to 2:30pm PT via ZOOM virtual meeting.

A max of (1) one continuing education credit is offered based on a person's duration of LIVE attendance. Credit may count towards DSA CASp certification and/or CAB architect credit, to be self reported.

The Discussion Groups are available FREE to CASI members only. Registration is required. Webinar information to join the discussion group will be sent out the day prior to the scheduled session date. The discussion groups will be recorded and archived in the member dashboard for those who cannot attend the live session.

CASI Job Board - *New Listings Available*

Looking to hire in the Access Specialist field? Wanting to see employment opportunities? Look no further!

CASI offers an up-to-date Job listings on their website! Just look under the resources tab and click on Job Board. There you will find current open positions, as well as a place to submit your own listings as well. Click the button below to learn more.

Newsletter submission can be directed to dsrisdall@gmail.com.

Your contributions are also encouraged by completing the CASI Central Article Interest Survey.

The articles herein are submitted by a CASp or other interested person for inclusion in the CASI Newsletter for informational purposes only.. The content of any article in the CASI Newsletter contains the opinions of the author, which are not to be taken as the opinion or position of CASI on any issue that involves access for people with disabilities. The articles included in the newsletter are not legal advice nor should they be relied on in forming or taking any legal position regarding issues that involved access for people with disabilities.