Bill Text: CA AB367 | 2021-2022 | Regular Session | Amended

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

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Bill Title: Menstrual products.

Spectrum: Partisan Bill (Democrat 12-0)

Status: (Passed) 2021-10-08 - Chaptered by Secretary of State - Chapter 664, Statutes of 2021. [AB367 Detail]

Download: California-2021-AB367-Amended.html

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Amended  IN  Assembly  April 27, 2021

Amended  IN  Assembly  April 05, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 367

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Introduced by Assembly Member Cristina Garcia
(Coauthors: Assembly Members Bauer-Kahan, Carrillo, Friedman, Kalra, Luz Rivas, and Quirk-Silva)
(Coauthors: Senators Durazo, Kamlager, Skinner, and Wiener)

February 01, 2021

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An act to amend, repeal, and add Section 35292.6 of, and to add Section 66027.7 66027.9 to, the Education Code, and to amend Section 118500 of, and to add Section 118507 to, the Health and Safety Code, relating to menstrual products.

LEGISLATIVE COUNSEL'S DIGEST

AB 367, as amended, Cristina Garcia. Menstrual products.

Existing law requires a public school maintaining any combination of classes from grade 6 to grade 12, inclusive, that meets a 40% pupil poverty threshold specified in federal law, to stock 50% of the school’s restrooms with feminine hygiene products, and prohibits a public school from charging for any menstrual products provided to pupils. Existing law requires a public agency of the state or a city, county, or city and county that conducts an establishment serving the public or open to the public and that maintains restroom facilities for the public to make every restroom available to the public without charge, as specified.

This bill would enact the Menstrual Equity for All Act of 2021, which would require a public school, as provided, maintaining any combination of classes from grades 6 to 12, inclusive, to stock at least 50% of the school’s restrooms with an adequate supply of free menstrual products products, as defined, in all women’s restrooms and all-gender restrooms, and in at least one men’s restroom, at all times, and to post a designated notice, on or before the start of the 2022–23 school year. year, as prescribed. The bill would require the California State University and each community college district, and would encourage the Regents of the University of California and private universities, colleges, and institutions of higher learning, to stock 50% of all campus restrooms with an adequate supply of free menstrual products at all times. times in all women’s restrooms and all-gender restrooms, and in at least one men’s restroom, and to post a designated notice. The bill would require a public agency agency, as defined, to stock 50% of all restrooms that are open to the public or used by employees with free menstrual products at all times. By times in all women’s restrooms and all-gender restrooms, and in at least one men’s restroom.

By imposing additional requirements on public schools, community college districts, and local government agencies, this bill would impose a state-mandated local program.

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, if the Commission on State Mandates determines that the bill contains costs 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: YES  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 (a) This act shall be known, and may be cited, as the Menstrual Equity for All Act of 2021.

(b) The Legislature finds and declares that access to menstrual products is a right.

SEC. 2.

 Section 35292.6 of the Education Code is amended to read:

35292.6.

 (a) A public school, including a school operated by a school district, county office of education, or charter school, maintaining any combination of classes from grades 6 to 12, inclusive, that meets the 40-percent pupil poverty threshold required to operate a schoolwide program pursuant to Section 6314(a)(1)(A) of Title 20 of the United States Code shall stock at least 50 percent of the school’s restrooms with menstrual products at all times.

(b) A public school described in subdivision (a) shall not charge for any menstrual products provided to pupils.

(c)This

(c) For purposes of this section, “menstrual products” means menstrual pads and tampons for use in connection with the menstrual cycle.

(d) This section shall become inoperative on June 30, 2022, and, as of January 1, 2023, is repealed.

SEC. 3.

 Section 35292.6 is added to the Education Code, to read:

35292.6.

 (a) On or before the start of the 2022–23 school year, a public school, including a school operated by a school district, county office of education, or charter school, maintaining any combination of classes from grades 6 to 12, inclusive, shall stock at least 50 percent of the school’s restrooms with menstrual products at all times. the school’s restrooms at all times with an adequate supply of menstrual products in all women’s restrooms and all-gender restrooms, and in at least one men’s restroom.

(b) A public school described in subdivision (a) shall not charge for any menstrual products provided to pupils.

(c) A public school described in subdivision (a) shall post a notice regarding the requirements of this section in a prominent and conspicuous location in every restroom required to stock menstrual products pursuant to this section. This notice shall include the text of this section and contact information, including an email address and telephone number, for a designated individual responsible for maintaining the requisite supply of menstrual products.

(d) For purposes of this section, “menstrual products” means menstrual pads and tampons for use in connection with the menstrual cycle.

(c)

(e) This section shall become operative on July 1, 2022.

SEC. 4.Section 66027.7 is added to the Education Code, to read:

66027.7.

SEC. 4.

 Section 66027.9 is added to the Education Code, to read:

66027.9.

 (a)  The California State University and each community college district shall stock 50 percent of all campus restrooms at all times with free menstrual products. all women’s restrooms and all-gender restrooms, and at least one men’s restroom, on the campus with an adequate supply of menstrual products available and accessible, free of cost, at all times when the campus is open to the general public.

(b) The California State University and each community college district shall post a notice regarding the requirements of subdivision (a) in a prominent and conspicuous location in every restroom required to stock menstrual products pursuant to this section. This notice shall include the text of this section and the contact information, including the email address and telephone number, for the department designated with maintaining the requisite supply of menstrual products.

(b)

(c) The Regents of the University of California and private universities, colleges, and institutions of higher learning are encouraged to stock 50 percent of all campus restrooms at all times with free menstrual products. California, independent institutions of higher education, as defined in Section 66010, and private postsecondary educational institutions, as defined in Section 94858, are encouraged to stock all women’s restrooms and all-gender restrooms, and at least one men’s restroom, on campus with an adequate supply of menstrual products available and accessible, free of cost, at all times when the campus is open to the general public.

(d) If the Regents of the University of California, independent institutions of higher education, as defined in Section 66010, and private postsecondary educational institutions, as defined in Section 94858, implement subdivision (c), the campuses are further encouraged to post a notice regarding the requirements of subdivision (c) in a prominent and conspicuous location in every restroom required to stock menstrual products pursuant to this section. This notice shall include the text of this section and the contact information, including the email address and telephone number, for the department designated with maintaining the requisite supply of menstrual products.

(e) For purposes of this section, “menstrual products” means menstrual pads and tampons for use in connection with the menstrual cycle.

SEC. 5.

 Section 118500 of the Health and Safety Code is amended to read:

118500.

 (a) A public agency that conducts an establishment serving the public or open to the public and that maintains restroom facilities for that are open to the public, shall make every restroom stock all women’s restrooms and all-gender restrooms, and at least one men’s restroom, maintained within the facilities available with an adequate supply of menstrual products that are available at all times, without cost or charge to the patrons, guests, or invitees of the establishment. “Public

(b) As used in this section:

(1) “Menstrual products” means menstrual pads and tampons for use in connection with the menstrual cycle.

(2) “Public agency” as used in this section means the state and means any agency of the state and or of a city, a county, and or a city and county.

(b)A public agency shall stock at least 50 percent of the restrooms described in subdivision (a) at all times with free menstrual products.

SEC. 6.

 Section 118507 is added to the Health and Safety Code, to read:

118507.

 A public agency, as defined in Section 118500, shall stock 50 percent of all restrooms available to employees with free menstrual products at all times. employee restrooms at all times with an adequate supply of menstrual products free of cost in all women’s restrooms and all-gender restrooms, and in at least one men’s restroom. As used in this section, “menstrual products” means menstrual pads and tampons for use in connection with the menstrual cycle.

SEC. 7.

 If the Commission on State Mandates determines that this act contains 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.