California Digital Accessibility Law

WCAG 2.0 AA + Section 508 State-specific law

California has a state-specific digital accessibility regime for government beyond the federal ADA Title II baseline. Government Code Sections 7405 and 11135 require state entities to meet Section 508 and bar disability discrimination in state programs, and Section 11546.7 (AB 434, 2017) requires each state agency to post a biennial homepage certification of WCAG compliance (WCAG 2.0 AA minimum by statute; the California Department of Technology's SIMM 25 now aligns to WCAG 2.2). Enforcement in the government context is primarily complaint- and compliance-driven, with a private right of action under Government Code Section 11139 limited to equitable relief; there are no statutory per-violation damages for state/local government entities (the Unruh Act's $4,000 statutory-damages exposure applies to business establishments, not government programs).

What the law requires

  • Responsible agency California Department of Technology (CDT); broader state policy governance via SAM 4833 (IT Accessibility Policy) and SIMM 25 (IT Accessibility Resource Guide / Web Accessibility Certification) (cdt.ca.gov/policy/announcements/ps-029-simm-25-it-web-accessibility-resource-guide-sam-4833-it-accessibility-policy-and-exceptions/) (opens in new tab)
  • Adopted standard WCAG 2.0 Level AA or any later version at Level AA per Government Code Section 11546.7; CDT's SIMM 25 has been updated to align with WCAG 2.2; Section 508 of the Rehabilitation Act is incorporated by reference via Government Code Section 7405.
  • Who it covers State agencies and state entities (covered by Secs. 7405, 11135, and 11546.7 certification). Sec. 11135 also reaches any program or activity funded directly by the state or receiving state financial assistance, which extends to contractors, grantees, and local agencies that receive state funds. Public higher education (e.g., CSU, community colleges) is covered to the extent it operates state programs/activities or receives state funds; the UC system follows its own accessibility policy in addition to ADA Title II. The AB 434 (Sec. 11546.7) homepage certification mandate applies specifically to state agencies/entities, not private businesses.
  • Private right of action Yes (limited to equitable relief in the government context). Government Code Section 11139 allows enforcement of Article 9.5 (Secs. 11135 et seq.) by a private civil action for equitable relief, independent of administrative remedies. Note: the separate Unruh Civil Rights Act (Civil Code Sec. 51) provides a private right of action with statutory damages but applies to business establishments, not to state/local government programs, and is not the operative authority for government ICT procurement covered here.
  • Statutory damages / penalties None for the government-context statutes. Government Code Section 11139 provides only equitable relief (injunctive/declaratory), with no statutory or per-violation monetary damages. AB 434 / Sec. 11546.7 is a certification requirement with no statutory penalty amount. (The $4,000-per-violation minimum statutory damages under the Unruh Civil Rights Act, Civil Code Sec. 52, apply to business establishments, not to state or local government entities.)
  • Exemptions Section 508 (incorporated via Gov Code 7405) carries undue-burden and fundamental-alteration exceptions, and CDT's SAM 4833 establishes a formal IT accessibility exception process for state entities. ADA Title II principles incorporated through Gov Code 11135 likewise recognize undue financial/administrative burden and fundamental alteration defenses. No blanket statutory exemption from the WCAG/certification requirement is provided in Sec. 11546.7 itself.
  • Governing authority California Government Code Section 7405 (state entities must comply with Section 508 of the federal Rehabilitation Act); Government Code Section 11135 (bars disability discrimination in state-conducted, state-funded, or state-assisted programs and incorporates ADA Title II/Section 202 standards); Government Code Section 11546.7, added by AB 434 (Stats. 2017, Ch. 780), requiring each state agency/entity director and CIO to post a biennial homepage certification of compliance with Secs. 7405 and 11135 and WCAG; enforcement remedy in Government Code Section 11139. Implemented administratively through SAM 4833 and SIMM 25 (CDT).
  • Compliance deadline State-specific: biennial certification under Gov Code 11546.7 due before July 1, 2019 and before July 1 every two years thereafter. Federal ADA Title II baseline dates also apply (Apr 26 2027 for larger public entities / Apr 26 2028 for entities under 50,000 population and special district transit).

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Official sources:
section508.gov/manage/laws-and-policies/state/ (opens in new tab)
leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=11546.7. (opens in new tab)
leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=11135. (opens in new tab)
leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=11139. (opens in new tab)
cdt.ca.gov/policy/announcements/ps-029-simm-25-it-web-accessibility-resource-guide-sam-4833-it-accessibility-policy-and-exceptions/ (opens in new tab)
webstandards.ca.gov/Accessibility/ (opens in new tab)

Not legal advice. Informational summary compiled from the official sources cited above, last verified 2026-06-08. Requirements change; confirm against the primary source before relying on it. Federal ADA Title II applies regardless of state law (WCAG 2.1 Level AA; compliance April 26, 2027 for entities of 50,000+ population, April 26, 2028 for smaller entities and special districts). See all states.