1. Introduction

With the anticipated adoption of the Final Rules, which incorporate the 2004 Americans with Disabilities Act Accessibility Guidelines (2004 ADAAG) the Department of Justice (the Department) has prepared this final regulatory impact analysis (Final RIA or final regulatory analysis) encompassing buildings undergoing new construction, alterations and barrier removal.

This analysis is intended to accompany the Final Rules. The initial step in this process was the publication in the Federal Register of a proposed framework for the regulatory analysis, presented as Appendix A to the Advance Notice of Proposed Rulemaking (ANPRM), published by the Department on September 30, 2004.[1] This initial proposed framework for the regulatory analysis has been reproduced in Appendix 1.

Notices of Proposed Rulemaking (NPRM) for the proposed Title II and Title III regulations were subsequently published on June 17, 2008. A complete copy of the initial regulatory analysis (Initial RIA) conducted by HDR/HLB Decision Economics Inc. was posted on the Department's ADA website (www.ada.gov).[2] In addition, appendices presenting detailed descriptions of the proposed revised ADA standards, the Department's responses to ANRPM comments concerning the proposed methodology for the initial benefit-cost analysis, and a summary of the Initial RIA were also published in the Federal Register.[3] The public was given 60 days to submit comments. The Department reviewed and considered the public comments received in response to both the proposed regulations and the Initial RIA. As a result, regulatory revisions have been incorporated into the Final Rules. A discussion of the Final Rules and the Department's responses to NPRM comments relating to the substance of the proposed regulations can be found in the Preambles to the Final Rules. The Final RIA, as well, incorporates changes to estimates, assumptions, and certain aspects of the cost and benefit models in response to public comments on the Initial RIA. The Final RIA estimates the total costs and benefits of the Final Rules, as revised in response to public comments and as a result of further research or updated data sources.

This final regulatory analysis estimates the economic impact of the Final Rules, in terms of monetized costs and benefits, on all covered facilities and persons with disabilities. The economic impacts are measured on an incremental basis. This means that the impact is measured against an accessibility standard; the primary standard is the current 1991 Standards. Incremental impacts are also measured against model accessibility standards adopted by various States and local jurisdictions.

This report first presents an overview of the 2004 ADAAG and highlights key dimensions of the final regulations that pertain to the analysis. The next chapter discusses the approach to assessing the regulatory impact. Chapter four discusses data and assumptions for measuring costs and benefits and identifies appendices that provide additional details. Chapter five discusses the updates to the Final RIA and responses to NPRM comments addressing RIA-related issues. Chapter six discusses analytical results of the regulation, individual requirements and facilities. Several scenarios are evaluated to assess how costs and benefits change under different assumptions. This chapter also explores the qualitative value of benefits not included in the main estimation. Chapter seven discusses the approach to assessing the impact of the Final Rules on small businesses.

Appendices present additional information about the analysis and especially the data and assumptions. Appendix 1 reproduces Appendix A to the Advance Notice of Proposed Rulemaking (ANPRM). Appendix 2 summarizes the requirements in the Final Rules likely to have an economic impact. Appendix 3 contains data related to the estimation of the costs. Appendix 4 contains the data related to the benefits estimation. Appendix 5 discusses the estimation of small business facilities and receipts. Appendix 6 discusses the RAP session in detail. Appendix 7 includes the benefits and cost RAP meetings' agenda and lists the participants. Appendix 8 discusses the changes represented by the new and revised requirements. Appendix 9 lists the applicable baseline for the IBC scenarios.  Appendix 10 provides a matrix of select requirements and adoption by State and local jurisdictions nationwide of their respective IBC/ANSI code counterparts. 

[1] Federal Register, Vol. 69, No. 189: 58768-58786.

[2] Federal Register, Vol. 73, No. 117: 34466-34557.

[3] Federal Register, Vol. 73, No. 126: 36964-37055.

 

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March 8, 2011