A California Chamber of Commerce-sponsored job creator bill that incentivizes disability access and education awaits assignment to an Assembly policy committee after passing the Senate with unanimous support.
SB 251 (Roth; D-Riverside) is a balanced approach between preserving the civil rights of those who are disabled to ensure access to all public accommodations, and limiting the number of frivolous lawsuits threatened or filed against businesses that do not improve accessibility.
The bill passed the Senate on June 3, 40-0.
Access
SB 251 seeks to incentivize businesses to proactively take steps to become accessible by providing them with 90 days from receiving a Certified Access Specialist (CASp) inspection to resolve any violations identified without being subject to statutory penalties or litigation costs. This proposal will assist businesses that are trying to ensure they are compliant with the law from being subject to frivolous claims or litigation.
SB 251 also provides a limited time period for businesses to resolve technical construction-related standards. Specifically, SB 251 provides small businesses with 15 days from the service of the summons and complaint to resolve any alleged violation regarding signage, parking lot striping, and truncated domes.
This limited period will provide a business owner the opportunity to devote financial resources to resolving these issues before being subjected to statutory penalties and attorney fees.
Education
SB 251 also requires the California Commission on Disability Access to post educational materials for business owners regarding how to comply with California’s construction-related accessibility standards, as well as share that information with local agencies and departments.
The bill requires landlords to notify tenants as to whether a building has been inspected by a CASp, as well as who is liable for any alleged violations. Notice and education are key components to helping create more accessible public accommodations and limiting frivolous claims or litigation.
Tax Credit
Finally, SB 251 creates an additional incentive for small businesses to become accessible by providing a tax credit for access expenditures.
Other Job Creators
Also still moving are the following job creator bills:
Creates Construction Jobs
• AB 35 (Chiu; D-San Francisco) Creates Affordable Housing Opportunities. Expands the existing low-income housing tax credit program, making the state better able to leverage an estimated $200 million more in Federal Tax Credits.
• AB 323 (Olsen; R-Modesto) Expedites and Reduces Cost for Roadway Repair and Maintenance Projects. Streamlines infrastructure development by extending until January 1, 2020 the current California Environmental Quality Act (CEQA) exemption for certain roadway repair and maintenance projects.
Tourism
• SB 249 (Hueso; D-San Diego) Enhanced Driver’s License. Encourages international trade and tourism by authorizing the Department of Motor Vehicles to issue enhanced driver licenses to U.S. citizens to expedite legal traffic at the border.
For more information on the 2015 job creators, visit www.calchamber.com/jobcreators.
Staff Contacts: Jennifer Barrera, Anthony Samson, Jeremy Merz
