Bill Text: CA AB1127 | 2017-2018 | Regular Session | Amended
Bill Title: Baby diaper changing stations.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2017-10-13 - Chaptered by Secretary of State - Chapter 755, Statutes of 2017. [AB1127 Detail]
Download: California-2017-AB1127-Amended.html
Amended
IN
Senate
July 05, 2017 |
Amended
IN
Assembly
April 26, 2017 |
Assembly Bill | No. 1127 |
Introduced by Assembly Members Calderon and Eduardo Garcia |
February 17, 2017 |
LEGISLATIVE COUNSEL'S DIGEST
(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)
(4)
(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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
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 provideSEC. 2.
Section 50535 is added to the Government Code, to read:50535.
(a) (1) 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(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 one or more clean baby
diaper changing 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)A 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), a food facility that was constructed before January 1, 2004, that has been in continuous operation since January 1, 2004, and 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.SEC. 3.
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,SEC. 5.SEC. 4.
The Legislature finds and declares that ensuring safe, sanitary,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.