Senators Niello, Ashby, and Caballero have put forward legislation modifying how construction-related accessibility claims proceed against small businesses in California, establishing new notice requirements and correction periods before statutory damages can be sought.

The measure requires plaintiffs to provide businesses with 50 or fewer employees written notice detailing alleged accessibility violations and allow 120 days for corrections before initiating legal proceedings. Businesses that remedy cited violations within this period face no statutory damages, attorney fees, or costs. The bill also prevents plaintiffs from circumventing these requirements by recasting construction-related accessibility claims as general discrimination claims under the Americans with Disabilities Act.

These provisions add to existing state law, which allows reduced statutory damages when businesses promptly address violations and meet certain conditions, such as having previously obtained Certified Access Specialist inspections. The law maintains plaintiffs' ability to pursue injunctive relief and actual damages, while preserving businesses' obligations to mitigate damages and comply with accessibility standards.