BILL NUMBER: AB 1787 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 10, 2014
INTRODUCED BY Assembly Member Lowenthal
FEBRUARY 18, 2014
An act to amend Section 21019 of, and to add Section
21668.3 to , the Public Utilities Code, relating to
aviation.
LEGISLATIVE COUNSEL'S DIGEST
AB 1787, as amended, Lowenthal. Airports: commercial operations:
lactation accommodation.
Existing
(1) Existing law requires every
employer to provide a reasonable amount of break time to accommodate
an employee who desires to express breast milk for the employee's
infant child. Existing federal law requires employers to provide the
employee with the use of a room, other than a bathroom, for the
employee to express breast milk, as specified.
This bill would , except as specified, require ,
on or before January 1, 2016, the airport manager of an airport
that conducts commercial operations and that has more than
1,000,000 enplanements a year to provide the use of
a room or other location , other than a toilet
stall, at each airport terminal behind airport security screening for
members of the public to express breast milk in private.
at each airport terminal behind the airport security screening
area for members of the public to express breast milk in private that
meets specified conditions.
Because a violation of this provision would be a crime, the 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.
(2) Because the bill would impose new duties on local public
officials, the bill would create a state-mandated local program.
(3) A violation of the State Aeronautics Act is a crime.
The bill would expressly exclude its provisions as a crime under
the act.
(4) 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 these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 21019 of the Public
Utilities Code is amended to read:
21019. Any person violating any of the provisions of this part,
other than Section 21407.1 or 21668.3 , or any of the
rules or orders issued under this part, is punishable by a fine of
not more than one thousand dollars ($1,000) or by imprisonment of not
more than six months, or both.
SECTION 1. SEC. 2. Section 21668.3
is added to the Public Utilities Code, to read:
21668.3. The (a) On
or before January 1, 2016, the airport manager of an airport
that conducts commercial operations and that has more than one
million enplanements a year shall provide the use of
a room or other location , other than a toilet
stall, at each airport terminal behind airport security screening for
members of the public to express breast milk in private.
at each airport terminal behind the airport security screening
area for members of the public to express breast milk in private that
meets both of the following conditions:
(1) Includes, at a minimum, a chair, an electrical outlet, and a
sink.
(2) Is located outside of the confines of a public restroom.
(b) Terminal One at the San Diego International Airport is exempt
from providing a room or other location behind the airport security
screening area, but shall provide a secure room located in the same
terminal prior to entering the security screening area that meets all
of the other conditions of subdivision (a).
(c) Airports that conduct commercial operations with less than one
million enplanements a year shall comply with subdivision (a) upon
new terminal construction or the modernization of existing terminal
facilities.
SEC. 3. 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.
SEC. 2. No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because 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.