Bill Text: CA AB783 | 2023-2024 | Regular Session | Chaptered

California Assembly Bill 783

Bill Title: Business licenses: single-user restrooms.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Passed) 2023-09-23 - Chaptered by Secretary of State - Chapter 223, Statutes of 2023. [AB783 Detail]

Download: California-2023-AB783-Chaptered.html

Assembly Bill No. 783

CHAPTER 223

An act to add Section 16000.2 to the Business and Professions Code, relating to restrooms.

[ Approved by Governor September 23, 2023. Filed with Secretary of State September 23, 2023. ]

LEGISLATIVE COUNSEL'S DIGEST

AB 783, Ting. Business licenses: single-user restrooms.

Existing law authorizes the legislative body of an incorporated city and the county board of supervisors to license businesses carried on within their respective jurisdictions and to set license fees as specified. Existing law requires all single-user toilet facilities in any business establishment, place of public accommodation, or government agency to be identified as all-gender toilet facilities, as specified.

This bill would require a city, county, or city and county that issues business licenses, equivalent instruments, or permits within its jurisdiction to provide written notice to each applicant for a new or renewed business license, equivalent instrument, or permit of the requirement that all single-user toilet facilities in any business establishment, place of public accommodation, or government agency be identified as all-gender toilet facilities. By increasing the duties of local officials, 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 no reimbursement is required by this act for a specified reason.

The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, counties, and cities and counties, including charter cities, counties, and cities and counties.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES

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

SECTION 1.

Section 16000.2 is added to the Business and Professions Code, to read:

16000.2.

A city, county, or city and county that issues business licenses, equivalent instruments, or permits within its jurisdiction shall provide written notice of the requirements of Section 118600 of the Health and Safety Code to each applicant for a new or renewed business license, equivalent instrument, or permit.

SEC. 2.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.

SEC. 3.

The Legislature finds and declares that access to gender-neutral single-user restrooms is a matter of safety and inclusiveness to all and thus is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act adding Section 16000.2 to the Business and Professions Code applies to all cities, counties, and cities and counties, including charter cities, counties, and cities and counties.