HomeMy WebLinkAboutLegislative Review - AB468 (Tran) Disability AccessCITYOFPALMDESERT
Community Services Division
Staff Report
REQUEST: CONSIDERATION OF LEGISLATIVE REVIEW COMMITTEE ACTION
ON AB 462 (TRAN) AT ITS MEETING OF JULY 26, 2005
SUBMITTED BY: Patricia Scully, CFEE, Senior Management Analyst
DATE: August 25, 2005
CONTENTS: AB 462 Language
RECOMMENDATION:
By Minute Motion, concur with the action taken by the Legislative Review Committee at Its
Meeting of July 26, 2005, and direct staif to prepare a Ietter of support for the Mayor's signature
with regard to AB 462 (Tran) relative to disability access.
EXECUTIVE SUMMARY:
Passage of AB 462 would authorize the Department of Transportation to approve plans for
specified transportation facilities Iocated within State highway rights -of -ways to ensure access
and use by persons with disabilities.
BACKGROUND:
Existing Iaw requires the Department of General Services, for the purpose of ensuring access
and use by persons with disabilities, to issue a written approval before a contract may be
awarded where State funds are used for specific buildings or facilities, or where funds of
counties, municipalities, or other political subdivisions are utilized for the construction of
specified buildings or facilities. Passage of AB 462 would remove the Department of General
Services from the process and would authorize the Department of Transportation to approve
plans for specified transportation facilities Iocated within State highway rights -of -way to ensure
access and use by persons with disabilities.
CITY COUNCIL STAFF REPORT
RE: AB462
AUGUST 25, 2005
By removing the Department of General Services from the approval process, IocaI agencies
should be able to move forward in a more expeditious manner in installing these facilities.
Therefore, the Legislative Review Committee recommends that the City Council support AB 462
and direct staffto prepare a Ietter stating that position to appropriate IegisIators for the Mayor's
sig natue.
PATRICIA SC LLY, CFEE
SENIOR M.h AtE LENTANALYS
/ SHEILA R. cIL IGAN
ACM/COMMUN Y SE4!iCES
PS:mpg
CARLOS L. 0R3'EGA
CITY MANAGER
2
AB 462 Assembly Bill - AMENDED Page 1 of 2
BLL NU1BER: AB 462 PMENDED
3ILL TEXT
ANNDD IN SENAT JLY 13, 2005
A1ENDID IN SNATE JUN 9, 2005
INTRODUCD BY Assemby Mernber Tran
FEBRJAY 15, 2005
An act to amend Secticri 4454 of the Government Code, relating to
disability access, ar'd deciaring the urgency thereof, :o take effect
irrinediately.
LSGISLATIVE COUNSEL'S DIGEST
AB 462, as arnended, Tran Disability access.
Existing law reouires the Departrnent of General Services, for the
purpose of ensuring access aid use by persons with disabilities, to
issue a written acpr0va before a contract may be awarded where state
funds are used for specified buildings or facilities, or where funds
of counties, rnunicipalities, or other political subdivisions are
utilized for the construction of specified eduoational buildings or
facili:ies.
This bill wouid authorize the Departrnent of Transportation to
approve plans for specified transpertation facilities
rl:' located within state highway rights -of ---way
to ensure access and use by persons with disabiiities.
The bill would declare that it is to take effec: imrneciately as an
urgenty statute.
Vote: 2/3. Aoprooriation: no. Fiscal cornmittee: yes.
State-rnar.dated local prograrn: no.
TH PEOPLE OF THE STP.TE OF CL:F'ORNT DO ENACT AS FOLLOTiJS:
SECTION 1. Section 4454 of the Government Code is arnended to read:
4454. (a) Where s:ate fur.ds are utilized for any building or
facility subect to this chapter, or where funds of counties,
rnunicipa1iies, or other poUticai subdivisions are utilized for the
constructior cf elementary school, secondary school, or corrsnunity
coliege buildings and facilities subject to this chapter, no contract
sha1 be awarded until the Departrnent of General Services has issued
written approvai stating that the plans and specifications comply
with the intent of this chapter.
(b) Notwithstanding subdivision (a) , for all t:ansportation
facilities, other thar. rail or transit stations, ocated within state
highwav rights -of -way, the Cepartment of Transpertaticn is
authorized to issue the required written approva stating that the
plaris and specifications comply with intent of this chao:er.
(c) In each case the appiication for approvai shall be accompanied
by the plans and full, complete, and accirate specifica:ions, which
shali cornply iri every respect with any and ali requiren-.ents
prescribed by the Department of General Services.
(d) Except for facilities iocated within state highway
http://info.sen.ca.gov/pub/bill/asm/ab045 1 -0500/ab_462 bi11200507 1 3_amended_sen.ht... 7/26/2005
AB 462 Assembly Bill - AMENDED Page 2 of 2
r.ghts-of-way, other than rail or transit stacions, the
applicatiori shall be accornpanied by a filing fee in arnounts as
determined by The Departrnent of General Services. Ali fees shali. be
deposited into the Access for Hanciicapoed Account, which is hereby
renarried the Disability Access Account as of July 1, 2001, and
estabiished in the C-eneral Fund. Notwithstanding Section 13340, the
account is coitinuous1y appropriated for expenditures for the use of
the Departrnent of Genera.1 Services, in carrying out the department's
resoonsibilities under this chaoter.
(e) The Departrnent cf General Services shall consult with the
Departrient of Rehabiitation in identifying the requirernents
necessary to colipiy with this chapter.
(f) The Departrr.ent of General Services, Division of the State
Arch!tect, shail include the cost of carrying out the
resoonsibilit!es identified in this chapter as part cf the plan
review costs in determining fees.
SEC. 2. This act is 2fl urgency statute necessary for the immediate
preservatior of :he pubiic r'eace, health, or safety within the
meaning of Article IV of the Constituticn and shall go into irnrnediate
effect. The facrs constituting the necessity are:
In order for the provisions of :his act to rake effect as soon as
possibie, it is recessary rha: this act take effect irnrriediately.
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