California 2015-2016 Regular Session Status: Passed Assembly

AB 2873 — Certified access specialists.

Last action — Ordered to inactive file at the request of Senator Jackson.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2015-2016 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

The Construction-Related Accessibility Standards Compliance Act establishes standards for making new construction and existing facilities accessible to persons with disabilities, including inspections by private persons or building inspectors who are certified access specialists (CASps) , and provides for construction-related accessibility claims for violations of those standards. That act requires a local agency, commencing January 1, 2014, to employ or retain a sufficient number of building inspectors who are CASps to conduct permitting and plan check services to review for compliance with state construction-related accessibility standards by a place of public accommodation with respect to new construction. The act requires, if a local agency employs or retains 2 or more CASps, that at least one-half of the CASps be building inspectors who are CASps. This bill would require, commencing January 1, 2021, that all building inspectors employed or retained by a local agency who conduct permitting and plan check services to review for compliance with state construction-related accessibility standards by a place of public accommodation with respect to new construction or renovations, including, but not limited to, projects relating to tenant improvements that may impact access, be CASps. The bill would also require all new employees employed or retained by a local agency on or after January 1, 2018, and who will conduct permitting and plan check services to review for compliance with state construction-related accessibility standards by a place of public accommodation, to be CASps within 36 months of their initial date of employment. By adding to the duties of a local entity, this bill would impose a state-mandated local program. Existing law requires the State Architect to establish a program for voluntary certification by the state of any person who meets specified criteria as a CASp with respect to access to buildings for persons with disabilities and to determine minimum criteria for certification. This bill would require the State Architect, on or before January 1, 2018, to commence testing and certification of building inspectors as CASps, as specified. Until December 31, 2018, existing law requires any applicant for a local business license or equivalent instrument or permit, or renewal of a local business license or equivalent instrument or permit, to pay an additional state fee of $1 for that license, instrument, or permit. Under existing law, the city, county, or city and county that collected the fee retains 70% of the fee, and the remaining 30% of the fee is deposited into the Disability Access and Education Revolving Fund, a continuously appropriated fund. This bill, from January 1, 2017, through December 31, 2019, would increase that state fee to $4 and would require any applicant for a building permit in a city, county, or city and county that does not issue business licenses or an equivalent instrument or permit to pay an additional fee of $4 for that building permit. Beginning January 1, 2020, those fees would be reduced to $1. The bill, from January 1, 2017, through December 31, 2019, would increase the percentage of the fee retained by a local agency to 90% and the remaining 10% would be deposited into the Disability Access and Education Revolving Fund. Beginning January 1, 2020, those percentages would revert to 70% and 30%, respectively. By increasing revenue to a continuously appropriated fund, increasing the fee, extending the period of time during which the fee will be collected, and imposing an additional fee, this bill would make an appropriation. The bill would make an appropriation by authorizing local government entities to retain an increased percentage of the increased fee. The bill would require that the moneys retained by a local agency be placed in a special fund established by the local agency, to be known as the "CASp Certification and Training Fund." The bill would require that fees collected in a CASp Certification and Training Fund be used for increased certified access specialist training and certification in the local jurisdiction, thereby making an appropriation by expanding the purposes for which the retained fee moneys are required to be spent. 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.

Bill Text

Action History

  1. Ordered to inactive file at the request of Senator Jackson.

  2. Reconsideration granted. (Ayes 39. Noes 0. Page 5310.)

  3. Motion to reconsider made by Senator Jackson.

  4. Read third time. Refused passage. (Ayes 26. Noes 13. Page 5310.).

  5. Read second time. Ordered to third reading.

  6. Read third time and amended. Ordered to second reading.

  7. Read second time and amended. Ordered to third reading.

  8. From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (August 11).

  9. In committee: Referred to APPR. suspense file.

  10. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

  11. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (June 21). Re-referred to Com. on APPR.

  12. In committee: Hearing postponed by committee.

  13. Re-referred to Com. on JUD.

  14. Withdrawn from committee.

  15. Referred to Coms. on T. & H. and JUD.

  16. In Senate. Read first time. To Com. on RLS. for assignment.

  17. Read third time. Passed. Ordered to the Senate. (Ayes 60. Noes 14. Page 5239.)

  18. Read second time. Ordered to third reading.

  19. Read second time and amended. Ordered returned to second reading.

  20. From committee: Amend, and do pass as amended. (Ayes 15. Noes 1.) (May 27).

  21. In committee: Set, first hearing. Referred to APPR. suspense file.

  22. Re-referred to Com. on APPR.

  23. Read second time and amended.

  24. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (April 19).

  25. Re-referred to Com. on JUD.

  26. From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.

  27. Referred to Com. on JUD.

  28. Read first time.

  29. From printer. May be heard in committee March 22.

  30. Introduced. To print.

Sponsors

  • Thurmond · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 9 voted No

Sponsors (1)

  • Thurmond

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

3rd Reading AB2873 Thurmond By Jackson Reconsider

Passed 39 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 36000
Democratic 3000
Total 39000
% of votes cast 100%0%0%0%
How each member voted (39)
Member Party Vote
Anderson — Yea
Hernandez — Yea
Hill — Yea
Hueso — Yea
Huff — Yea
Liu — Yea
Mendoza — Yea
Morrell — Yea
Pan — Yea
Pavley — Yea
Vidak — Yea
Wolk — Yea
Fuller — Yea
Glazer — Yea
Lara — Yea
Allen — Yea
Cannella — Yea
Mitchell — Yea
De León — Yea
Galgiani — Yea
Hall — Yea
Hancock — Yea
Bates — Yea
Beall — Yea
Block — Yea
Hertzberg — Yea
Leno — Yea
Leyva — Yea
Monning — Yea
Moorlach — Yea
Nielsen — Yea
Roth — Yea
Wieckowski — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea

Official roll call →

3rd Reading AB2873 Thurmond By Jackson

Failed 26 Yea · 13 Nay
Party YeaNayPresentNot Voting
Unaffiliated 241200
Democratic 2100
Total 261300
% of votes cast 67%33%0%0%
How each member voted (39)
Member Party Vote
Anderson — Nay
Hernandez — Yea
Leno — Yea
Roth — Yea
Cannella — Nay
Fuller — Nay
Glazer — Yea
Allen — Yea
Mitchell — Yea
De León — Yea
Galgiani — Yea
Hancock — Yea
Bates — Nay
Beall — Yea
Block — Yea
Hertzberg — Yea
Hill — Yea
Hueso — Yea
Huff — Nay
Lara — Yea
Leyva — Yea
Liu — Yea
Mendoza — Yea
Monning — Yea
Moorlach — Nay
Morrell — Nay
Nielsen — Nay
Pan — Yea
Pavley — Yea
Vidak — Nay
Wieckowski — Yea
Wolk — Yea
Hall — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay

Official roll call →

Do pass as amended

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4200
Democratic 1000
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Lara — Yea
Hill — Yea
Bates — Nay
Beall — Yea
Mendoza — Yea
Nielsen — Nay
McGuire, Mike Democratic Yea

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Hill — Yea
Nielsen — Yea
Bates — Yea
Beall — Yea
Lara — Yea
Mendoza — Yea
McGuire, Mike Democratic Yea

Official roll call →

AB 2873 THURMOND Assembly Third Reading

Passed 60 Yea · 14 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 531106
Democratic 5000
Republican 2300
Total 601406
% of votes cast 75%18%0%8%
How each member voted (80)
Member Party Vote
Achadjian — Nay
Alejo — Yea
Bigelow — Not Voting
Bloom — Yea
Brough — Nay
Brown — Yea
Holden — Yea
Levine — Yea
Low — Yea
Maienschein — Yea
Mathis — Nay
Steinorth — Not Voting
Wagner — Yea
Eggman — Yea
Cooper — Yea
Daly — Yea
Jones-Sawyer — Yea
Salas — Yea
Bonilla — Yea
Medina — Yea
Gray — Yea
Mullin — Yea
Campos — Yea
Dababneh — Yea
Dodd — Yea
Nazarian — Yea
O'Donnell — Yea
Olsen — Yea
Rendon — Yea
Lopez — Yea
Gordon — Yea
Harper — Nay
Kim — Yea
Burke — Yea
Atkins — Yea
Linder — Yea
Chang — Nay
McCarty — Yea
Baker — Yea
Chau — Yea
Chiu — Yea
Chu — Yea
Chávez — Nay
Cooley — Yea
Melendez — Nay
Quirk — Yea
Ridley-Thomas — Yea
Rodriguez — Yea
Santiago — Yea
Thurmond — Yea
Ting — Yea
Waldron — Nay
Weber — Yea
Wilk — Yea
Williams — Yea
Wood — Yea
Mayes — Not Voting
Obernolte — Nay
Frazier — Not Voting
Gatto — Yea
Gomez — Yea
Hadley — Not Voting
Beth Gaines — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Nay
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Nay
Gallagher, James Republican Nay
Grove, Shannon Republican Yea
Jones, Brian W. Republican Nay
Lackey, Tom Republican Yea

Official roll call →

Do pass as amended.

Passed 15 Yea · 1 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 13102
Democratic 2000
Republican 0002
Total 15104
% of votes cast 75%5%0%20%
How each member voted (20)
Member Party Vote
Bloom — Yea
Obernolte — Not Voting
Santiago — Yea
Eggman — Yea
Chang — Not Voting
Bonilla — Yea
Holden — Yea
Bigelow — Nay
Daly — Yea
Quirk — Yea
Wagner — Yea
Weber — Yea
Wood — Yea
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Roger Hernández — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gallagher, James Republican Not Voting
Jones, Brian W. Republican Not Voting

Official roll call →

Subjects

housing civil-rights labor
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Frequently asked questions

What does AB 2873 do?
The Construction-Related Accessibility Standards Compliance Act establishes standards for making new construction and existing facilities accessible to persons with disabilities, including inspections by private persons or building inspectors who are certified access specialists (CASps) , and provides for construction-related accessibility claims for violations of those standards. That act requires a local agency, commencing January 1, 2014, to employ or retain a sufficient number of building inspectors who are CASps to conduct permitting and plan check services to review for compliance with state construction-related accessibility standards by a place of public accommodation with respect to new construction. The act requires, if a local agency employs or retains 2 or more CASps, that at least one-half of the CASps be building inspectors who are CASps. This bill would require, commencing January 1, 2021, that all building inspectors employed or retained by a local agency who conduct permitting and plan check services to review for compliance with state construction-related accessibility standards by a place of public accommodation with respect to new construction or renovations, including, but not limited to, projects relating to tenant improvements that may impact access, be CASps. The bill would also require all new employees employed or retained by a local agency on or after January 1, 2018, and who will conduct permitting and plan check services to review for compliance with state construction-related accessibility standards by a place of public accommodation, to be CASps within 36 months of their initial date of employment. By adding to the duties of a local entity, this bill would impose a state-mandated local program. Existing law requires the State Architect to establish a program for voluntary certification by the state of any person who meets specified criteria as a CASp with respect to access to buildings for persons with disabilities and to determine minimum criteria for certification. This bill would require the State Architect, on or before January 1, 2018, to commence testing and certification of building inspectors as CASps, as specified. Until December 31, 2018, existing law requires any applicant for a local business license or equivalent instrument or permit, or renewal of a local business license or equivalent instrument or permit, to pay an additional state fee of $1 for that license, instrument, or permit. Under existing law, the city, county, or city and county that collected the fee retains 70% of the fee, and the remaining 30% of the fee is deposited into the Disability Access and Education Revolving Fund, a continuously appropriated fund. This bill, from January 1, 2017, through December 31, 2019, would increase that state fee to $4 and would require any applicant for a building permit in a city, county, or city and county that does not issue business licenses or an equivalent instrument or permit to pay an additional fee of $4 for that building permit. Beginning January 1, 2020, those fees would be reduced to $1. The bill, from January 1, 2017, through December 31, 2019, would increase the percentage of the fee retained by a local agency to 90% and the remaining 10% would be deposited into the Disability Access and Education Revolving Fund. Beginning January 1, 2020, those percentages would revert to 70% and 30%, respectively. By increasing revenue to a continuously appropriated fund, increasing the fee, extending the period of time during which the fee will be collected, and imposing an additional fee, this bill would make an appropriation. The bill would make an appropriation by authorizing local government entities to retain an increased percentage of the increased fee. The bill would require that the moneys retained by a local agency be placed in a special fund established by the local agency, to be known as the "CASp Certification and Training Fund." The bill would require that fees collected in a CASp Certification and Training Fund be used for increased certified access specialist training and certification in the local jurisdiction, thereby making an appropriation by expanding the purposes for which the retained fee moneys are required to be spent. 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.
Who sponsors AB 2873?
AB 2873 is sponsored by Thurmond.
What is the current status of AB 2873?
This bill died with 2015-2016 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 2873?
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