Bill Text: CA AB2535 | 2021-2022 | Regular Session | Amended

California Assembly Bill 2535 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Department of Parks and Recreation: grants: playgrounds and play structures: disability access.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2022-08-11 - In committee: Held under submission. [AB2535 Detail]

Download: California-2021-AB2535-Amended.html

Amended IN Assembly April 18, 2022

Amended IN Assembly March 24, 2022

Amended IN Assembly March 17, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 2535

Introduced by Assembly Member Eduardo Garcia

February 17, 2022

An act to add Section 5788.18 to the Public Resources Code, relating to parks.

LEGISLATIVE COUNSEL'S DIGEST

AB 2535, as amended, Eduardo Garcia. Recreation and park districts: grants: playgrounds: disability access.

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 park grant funds to a recreation and park district with a playground or play structure, unless the playground or play structure has disability ~~access.~~ access, as defined.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

The Legislature finds and declares all of the following:

(a) Playing at the playground is an essential part of childhood, which provides physical exercise and helps to develop cognitive, emotional, and social skills.
(b) Playgrounds throughout the state should be more accessible and inclusive for those with physical and mental disabilities.
(c) Accessible and inclusive playgrounds teach children to value equality and fairness, which has long-lasting positive effects on the community and helps create an inclusive society where everyone enjoys equal opportunities.
(d) Accessible playgrounds allow all children to access and use a variety of playground equipment.
(e) Accessible playgrounds also allow adults with disabilities to have the opportunity to spend time with their children or grandchildren in an accessible and inclusive playground.
(f) An inclusive playground allows children of all abilities and developmental stages to play in the same space and creates a nurturing environment for all.
(g) Kids on the autism spectrum or those with sensory integration disorders need playground equipment that stimulate their senses without overwhelming them. This can be accomplished by offering cozy, quiet spaces, establishing perimeter paths and fences, and providing a wayfinding system that includes an orientation path.
(h) A positive, enriching playground helps children develop a sense of identity, and boosts their confidence and self-esteem as they learn new skills and make friends.

SECTION 1.SEC. 2.

Section 5788.18 is added to the Public Resources Code, to read:

5788.18.

(a) 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, the department, or any other state agency, shall not award any park grant funds to a recreation and park district with a playground or play structure, unless the playground or play structure has disability access.

(b) For purposes of this section, “disability access” means all of the following:
(1) Accessible, unobstructed routes to the playground and connecting play equipment.
(2) Includes at least one type of ground level play component on an accessible route.
(3) Contains ramps that have handrails on both sides.
(4) Uses safety surfacing that meets criteria established by the Americans with Disabilities Act (42 U.S.C. Sec. 12010 et seq.).
(5) Includes sensory-stimulating activities.
(6) Includes equipment designed to be inclusive for kids on the autism spectrum.