Bill Text: CA SB1350 | 2013-2014 | Regular Session | Amended

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

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Bill Title: Baby diaper changing accommodations.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Vetoed) 2014-09-19 - In Senate. Consideration of Governor's veto pending. [SB1350 Detail]

Download: California-2013-SB1350-Amended.html

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BILL NUMBER: SB 1350	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 5, 2014
	AMENDED IN SENATE  APRIL 21, 2014

INTRODUCED BY   Senators Lara and Wolk

                        FEBRUARY 21, 2014

   An act to add Section 118502 to the Health and Safety Code,
relating to public accommodations.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1350, as amended, Lara. Baby diaper changing accommodations.
   Existing law requires publicly and privately owned facilities
where the public congregates to be equipped with sufficient restrooms
to meet the needs of the public at peak hours.
   Existing law establishes the California Building Standards
Commission to approve and adopt building standards adopted or
proposed by state agencies. Existing law establishes the Building
Standards Administration Special Revolving Fund in the State Treasury
and makes moneys deposited in the fund available, upon
appropriation, to the commission to carry out the duties of the
commission, as specified.
   This bill would require the California Building Standards
Commission to develop and adopt standards governing the installation
of baby diaper changing accommodations for restroom facilities in a
place of public accommodation  after January 1, 2017
 , as specified. The bill would require the commission to
require, when developing the building standards, that any place of
public accommodation that installs a baby diaper changing
accommodation ensures that the accommodation is equally available or
provided regardless of the gender for which the restroom facilities
are designed. This requirement would only apply under specified
circumstances, including when there is construction of a new restroom
or substantial renovation of a restroom, as specified. The bill
would authorize the commission, in adopting this standard, to consult
with the State Architect, the State Department of Housing and
Community Development, the Office of Statewide Health Planning and
Development, and other interested parties. The bill would also
authorize the commission to expend funds from the Building Standards
Administration Special Revolving Fund, upon appropriation as
specified, for the development and adoption of these standards.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  It is the intent of the Legislature to ensure that baby
diaper changing facilities are provided equally to both men and
women in public restroom facilities.
  SEC. 2.  Section 118502 is added to the Health and Safety Code, to
read:
   118502.  (a) (1)  The   As part of the next
triennial update of the California Building Standards Code (Title 24
of the California Code of Regulations) adopted after January 1, 2015,
the  California Building Standards Commission shall develop and
adopt standards governing the installation of baby diaper changing
accommodations for restroom facilities in a place of public
accommodation  in the next regularly scheduled intervening
code cycle after January 1, 2017  . In adopting this
standard, the commission may consult with the State Architect, the
State Department of Housing and Community Development, the Office of
Statewide Health Planning and Development, and other interested
parties.
   (2) The commission may expend funds from the Building Standards
Administration Special Revolving Fund, upon appropriation pursuant to
Section 18931.7, for the development and adoption of these
standards.
   (b) When developing the building standards, the commission shall
require that any place of public accommodation that installs a baby
diaper changing accommodation ensures that the accommodation is
equally available or provided regardless of the gender for which the
restroom is designed. This requirement shall apply only under the
following circumstances:
   (1) When there is construction of a new restroom.
   (2) When there is substantial renovation of a restroom.
   (3) To the extent that it may be implemented in compliance with
local, state, and federal laws regarding access for persons with
disabilities and with existing fire, health, and safety standards.
   (c) As used in this section, "public accommodation" is defined as
in Section 12181(7) of Title 42 of the United States Code.
   (d) As used in this section, "substantial renovation" means a
construction or renovation project requiring a building permit with
an estimated cost of ten thousand dollars ($10,000) or more.
   (e) This section is not enforceable by a private right of action.