Bill Text: CA SB1358 | 2013-2014 | Regular Session | Enrolled
Bill Title: Baby diaper changing stations.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Vetoed) 2014-09-19 - In Senate. Consideration of Governor's veto pending. [SB1358 Detail]
Download: California-2013-SB1358-Enrolled.html
BILL NUMBER: SB 1358 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 29, 2014
PASSED THE ASSEMBLY AUGUST 29, 2014
AMENDED IN ASSEMBLY AUGUST 25, 2014
AMENDED IN ASSEMBLY AUGUST 22, 2014
AMENDED IN ASSEMBLY AUGUST 5, 2014
AMENDED IN ASSEMBLY AUGUST 4, 2014
AMENDED IN SENATE MAY 5, 2014
AMENDED IN SENATE APRIL 21, 2014
AMENDED IN SENATE MARCH 28, 2014
INTRODUCED BY Senators Wolk and Lara
(Coauthors: Senators Corbett and Padilla)
(Coauthor: Assembly Member Garcia)
FEBRUARY 21, 2014
An act to add Sections 15805 and 50535 to the Government Code, and
to amend Section 114276 of, and to add Section 118506 to, the Health
and Safety Code, relating to public accommodations.
LEGISLATIVE COUNSEL'S DIGEST
SB 1358, Wolk. Baby diaper changing stations.
(1) Existing law establishes and imposes on state and local
agencies various requirements relating to the acquisition,
construction, and renovation of public buildings.
This bill would require new construction or renovation, as
specified, of a public building, as specified, that is owned by a
state or a local agency, or a portion of a building that is owned by
a state or local agency and includes at least one restroom that is
open to the public, to provide on each floor level containing one or
more restrooms that are accessible to the public at least one safe,
sanitary, and convenient baby diaper changing station, as specified.
The bill would require each station to be maintained, repaired, and
replaced as necessary to ensure safety and ease of use, and to be
cleaned with the same frequency as the restroom in which it is
located. By imposing a higher level of service on local agencies, the
bill would impose a state-mandated local program.
(2) Existing law, the California Retail Food Code, establishes
uniform health and sanitation standards for retail food facilities
and provides for the enforcement of those standards by local health
agencies and by the State Department of Public Health, as specified.
Among other sanitation standards, the code requires a permanent food
facility to provide clean toilet facilities in good repair for
consumers, guests, or invitees if the food facility was constructed
after July 1, 1984, and has more than 20,000 square feet of floor
space. A violation of these provisions is a crime.
This bill would require a permanent food facility, as specified,
to provide a clean baby diaper changing station in good repair for
consumers, guests, or invitees. By creating a new crime and by
imposing a higher level of service on local health agencies, the bill
would impose a state-mandated local program.
(3) Existing law also 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.
This bill would require various facilities, including a theater,
sports arena, or library, to install and maintain at least one baby
diaper changing station if the facility is open to the public, as
specified.
(4) The bill would set forth findings and declarations stating
that ensuring that safe, sanitary, and convenient baby diaper
changing stations are widely available throughout the state is a
matter of statewide concern.
(5) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 15805 is added to the Government Code, to read:
15805. (a) A public building that is owned by a state agency, or
a portion of a building that is owned by the state and includes at
least one restroom that is open to the public, shall provide on each
floor level containing one or more restrooms that are accessible to
the public at least one safe, sanitary, and convenient baby diaper
changing station that is accessible to women entering a restroom
provided for use by women and at least one safe, sanitary, and
convenient baby diaper changing station that is accessible to men
entering a restroom provided for use by men, or at least one safe,
sanitary, and convenient baby diaper changing station that is
accessible to both men and women. Each station shall include signage
at or near the entrance to the station indicating the location of the
baby diaper changing station. If there is a central directory
identifying, for the benefit of the public, the location of offices,
restrooms, and other facilities in the building, that central
directory shall indicate the location of the baby diaper changing
stations. Each baby diaper changing station shall be maintained,
repaired, and replaced as necessary to ensure safety and ease of use,
and shall be cleaned with the same frequency as the restroom in
which it is located.
(b) (1) Subdivision (a) applies to all new construction, and,
except as otherwise provided in paragraph (2), to all renovations of
bathrooms for which a permit has been obtained, in which the
estimated cost of the new construction or renovation is ten thousand
dollars ($10,000) or more.
(2) Subdivision (a) does not apply to a renovation if a local
building permitting entity or building inspector determines that the
installation of a baby diaper changing station is not feasible or
would result in a failure to comply with applicable building
standards governing the right of access for persons with
disabilities. The permitting entity or building inspector may grant
an exemption from the requirements of this section under those
circumstances.
SEC. 2. Section 50535 is added to the Government Code, to read:
50535. (a) A public building that is owned by a local agency, or
a portion of a building that is owned by a local agency and includes
at least one restroom that is open to the public, shall provide on
each floor level containing one or more restrooms that are accessible
to the public at least one safe, sanitary, and convenient baby
diaper changing station that is accessible to women entering a
restroom provided for use by women and at least one safe, sanitary,
and convenient baby diaper changing station that is accessible to men
entering a restroom provided for use by men, or at least one safe,
sanitary, and convenient baby diaper changing station that is
accessible to both men and women. Each station shall include signage
at or near the entrance to the station indicating the location of the
baby diaper changing station. If there is a central directory
identifying, for the benefit of the public, the location of offices,
restrooms, and other facilities in the building, that central
directory shall indicate the location of the baby diaper changing
stations. Each baby diaper changing station shall be maintained,
repaired, and replaced as necessary to ensure safety and ease of use,
and shall be cleaned with the same frequency as the restroom in
which it is located.
(b) (1) Subdivision (a) applies to all new construction and,
except as otherwise provided in paragraph (2), to all renovations of
bathrooms, for which a permit has been obtained, in which the
estimated cost of the new construction or renovation is ten thousand
dollars ($10,000) or more.
(2) Subdivision (a) does not apply to a renovation if a local
building permitting entity or building inspector determines that the
installation of a baby diaper changing station is not feasible or
would result in a failure to comply with applicable building
standards governing the right of access for persons with
disabilities. The permitting entity or building inspector may grant
an exemption from the requirements of this section under those
circumstances.
SEC. 3. Section 114276 of the Health and Safety Code is amended to
read:
114276. (a) A permanent food facility shall provide clean toilet
facilities in good repair for use by employees.
(b) (1) (A) A permanent food facility shall provide clean toilet
facilities in good repair for consumers, guests, or invitees when
there is onsite consumption of foods or when the food facility was
constructed after July 1, 1984, and has more than 20,000 square feet
of floor space.
(B) (i) A permanent food facility that is required to install and
maintain at least one baby diaper changing station pursuant to
Section 118506 shall provide a clean baby diaper changing station or
stations in good repair for consumers, guests, or invitees.
(ii) Notwithstanding Section 114395, the first violation of clause
(i) shall result in a warning. Each subsequent violation shall
constitute an infraction punishable by a fine of not more than two
hundred fifty dollars ($250).
(2) Notwithstanding Section 113984.1, toilet facilities that are
provided for use by consumers, guests, or invitees shall be in a
location where consumers, guests, and invitees do not pass through
food preparation, food storage, or utensil washing areas to reach the
toilet facilities.
(3) For purposes of this section, a building subject to paragraph
(1) that has a food facility with more than 20,000 square feet of
floor space shall provide at least one separate toilet facility for
men and one separate toilet facility for women.
(4) For purposes of this section, the gas pump area of a service
station that is maintained in conjunction with a food facility shall
not be considered as property used in connection with the food
facility or be considered in determining the square footage of floor
space of the food facility.
(c) (1) Toilet rooms shall be separated by well-fitted,
self-closing doors that prevent the passage of flies, dust, or odors.
(2) Toilet room doors shall be kept closed except during cleaning
and maintenance operations.
(d) Handwashing facilities, in good repair, shall be provided as
specified in Sections 113953 and 113953.3.
(e) Any city, county, or city and county may enact ordinances that
are more restrictive than this section.
(f) (1) Except as provided in paragraph (1) of subdivision (b),
any building that is constructed before January 1, 2004, that has a
food facility that provides space for the consumption of food on the
premises shall either provide clean toilet facilities in good repair
for consumers, guests, or invitees on property used in connection
with, or in, the food facility or prominently post a sign within the
food facility in a public area stating that toilet facilities are not
provided.
(2) The first violation of paragraph (1) shall result in a
warning. Subsequent violations shall constitute an infraction
punishable by a fine of not more than two hundred fifty dollars
($250).
(3) The requirements of this section for toilet facilities that
are accessible to consumers, guests, or invitees on the property may
be satisfied by permitting access by those persons to the toilet and
handwashing facilities that are required by this part.
SEC. 4. Section 118506 is added to the Health and Safety Code, to
read:
118506. (a) (1) A theater or movie house, grocery store, health
facility, convention center, sports arena, auditorium, cultural
complex, exhibition hall, library, passenger terminal, permanent
amusement park structure, restaurant with a seating capacity of at
least 50 seats, shopping center of more than 25,000 square feet,
tourist attraction, or retail store of more than 5,000 square feet
shall install and maintain at least one baby diaper changing station
if the facility is open to the public. There shall be at least one
safe, sanitary, and convenient baby diaper changing station that is
accessible to women entering a restroom provided for use by women and
one that is accessible to men entering a restroom provided for use
by men, or at least one safe, sanitary, and convenient baby diaper
changing station that is accessible to both men and women.
(2) This section does not apply to an industrial building or to a
nightclub or bar that does not permit anyone who is under 18 years of
age to enter the premises. This section also does not apply to a
restroom located in a health facility if the restroom is intended for
the use of one patient or resident at a time.
(b) This section shall not be enforceable by a private right of
action.
(c) (1) Subdivision (a) applies to all new construction, and,
except as otherwise provided in paragraph (2), to all renovations of
bathrooms for which a permit has been obtained, in which the
estimated cost of the new construction or renovation is ten thousand
dollars ($10,000) or more.
(2) Subdivision (a) does not apply to a renovation if a local
building permitting entity or building inspector determines that the
installation of a baby diaper changing station is not feasible or
would result in a failure to comply with applicable building
standards governing the right of access for persons with
disabilities. The permitting entity or building inspector may grant
an exemption from the requirements of subdivision (a) under those
circumstances.
(d) For purposes of this section, the following definitions shall
apply:
(1) "Health facility" has the meaning set forth in Section 1250.
(2) "Restaurant with a seating capacity of at least 50 seats"
does not apply to a restaurant if there is centrally located facility
with a baby diaper changing station located within 300 feet of the
entrance to the restaurant.
SEC. 5. The Legislature finds and declares that ensuring safe,
sanitary, and convenient baby diaper changing stations are widely
available throughout the state is a matter of statewide concern, and
not a municipal affair. Therefore, Section 2 of this act is
applicable to charter cities, charter counties, and charter cities
and counties. The Legislature encourages the University of California
to comply with Section 1 of this act.
SEC. 6. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.
