California Assembly Bill AB649

California 2025-2026 Regular Session

• Introduced: 2/13/25
• Refer: 3/24/25
• Report Pass: 3/24/25
• Refer: 3/25/25
• Report Pass: 5/8/25
• Refer: 5/13/25
• Refer: 5/21/25
• Report Pass: 5/23/25
• Engrossed: 6/2/25
• Refer: 6/3/25
• Refer: 6/18/25

Caption

An act to amend Sections 55 and Section 1938 of, to amend, repeal, and add Sections 55.32, 55.53, and 55.56 of, and to add Section 55.4 to, the Civil Code, and to amend, repeal, and add Section 14985.8 of the Government Code, and to amend Section 19953 of the Health and Safety Code, relating to disability access.

Impact

The bill alters existing laws related to how statutory damages for construction-related accessibility claims are calculated and when property owners may be exempt from these damages. Under the new provisions, defendants who have conducted a CASp inspection and made necessary corrections would be granted a 10-year period where they could not be liable for damages resulting from accessibility claims arising during that time. Additionally, property owners could recover legal fees from plaintiffs under certain conditions, thereby encouraging compliance and responsible ownership among commercial property leasers.

Summary

Assembly Bill 649, introduced by Assembly Member Lowenthal, aims to amend and add various sections to the Civil Code, the Government Code, and the Health and Safety Code in relation to disability access and construction-related accessibility claims. The bill provides significant changes to how accessibility violations in commercial properties are handled, particularly focusing on the liabilities and responsibilities of commercial property owners when it comes to maintaining accessibility standards. By instituting a 'Small Business Right to Cure Program,' the bill allows property owners the opportunity to correct violations identified by a Certified Access Specialist (CASp) report within a specified period without incurring penalties for minimum statutory damages.

Sentiment

Supporters of AB 649 express positive sentiment, viewing the bill as a means to assist small businesses in complying with accessibility regulations while simultaneously protecting the rights of individuals with disabilities to access public accommodations. However, there are concerns among advocacy groups regarding whether the provisions may inadvertently weaken enforcement of existing disability rights and protections. Opponents fear the bill could lead to reduced accountability for violations and hinder the ability of individuals to seek redress effectively.

Contention

A notable point of contention arises from the implementation of the 'Small Business Right to Cure Program,’ which may be perceived as favoring businesses at the expense of individual rights. Critics argue that extending the time frame for compliance could delay necessary accessibility improvements, affecting those who rely on accessible facilities. The bill's provisions may complicate the legal landscape surrounding accessibility violations and could lead to disparities in enforcement based on a business's ability to navigate these new procedures.