“Federal accessibility standards won’t apply to buildings using U.S. Energy Department funds for energy efficiency or other uses under a rule rescission taking effect soon.”
Why this is important: On May 16, the Department of Energy published a direct final rule to announce the repeal of a 1970s rule that requires any building receiving federal funds, whether for new construction or undergoing renovation, to be made accessible to handicapped or otherwise disabled Americans. The recession will become final on September 12.
Under 10 CFR 1040.73, starting in June 1980, every facility constructed by a recipient of federal financial assistance was required to be designed and constructed in a manner that it was readily accessible to, and usable by, handicapped persons. The same rule applied to renovations using federal funds after the same date, essentially requiring all construction activities that made use of federal funds to be built with disability access in mind.
The DOE noted that the regulation was unnecessary because of the general prohibition on discrimination against disabled Americans. The action received over 20,000 comments, and final action on it was delayed from the initial July 15 effective date.
As noted in the article, if “the rescission takes effect as planned, companies and other organizations that obtain DOE grants to make their buildings more efficient or for other purposes won’t need to take steps to make the buildings accessible if they’re not accessible already. Accessibility features can include ramps, wide doorways, and railings.” It’s unclear, however, what standards will apply to construction projects, since the DOE notes in the rule rescission filing in the Federal Register that general nondiscrimination provisions will still apply, which suggests that some kind of disability access will be required, without explicitly stating how that’s to be done. Litigation is certain to ensue. --- Jason E. Wandling
Virginia's Massive Offshore Wind Project Lives On
