Amended in Assembly May 23, 2014

Amended in Assembly April 10, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 1787


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.

(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 a room or other location 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.

(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:

P2    1

SECTION 1.  

Section 21019 of the Public Utilities Code is
2amended to read:

3

21019.  

Any person violating any of the provisions of this part,
4other than Section 21407.1 or 21668.3, or any of the rules or orders
5issued under this part, is punishable by a fine of not more than one
6thousand dollars ($1,000) or by imprisonment of not more than
7six months, or both.

8

SEC. 2.  

Section 21668.3 is added to the Public Utilities Code,
9to read:

10

21668.3.  

(a) On or before January 1, 2016, the airport manager
11of an airport that conducts commercial operations and that has
12more than one million enplanements a year shall provide a room
13or other location at each airport terminal behind the airport security
14screening area for members of the public to express breast milk
15in private that meets both of the following conditions:

16(1) Includes, at a minimum, abegin delete chair, an electrical outlet, and a
17sink.end delete
begin insert chair and an electrical outlet.end insert

18(2) Is located outside of the confines of a public restroom.

19(b) Terminal One at the San Diego International Airport is
20exempt from providing a room or other location behind the airport
21security screening area, but shall provide a secure room located
22in the same terminal prior to entering the security screening area
23that meets all of the other conditions of subdivision (a).

24(c) begin deleteAirports that conduct end deletebegin insertAn airport that conducts end insertcommercial
25operations with less than one million enplanements a year shall
26comply withbegin delete subdivisionend deletebegin insert subdivisionsend insert (a)begin insert and (d)end insert upon new
P3    1terminal construction or thebegin delete modernization of existing terminal
2facilities.end delete
begin insert replacement, expansion, or renovation of an existing
3terminal.end insert

begin insert

4(d) Upon construction of a new terminal or the replacement,
5expansion, or renovation of an existing terminal, an airport shall
6provide a sink in any room or other location designated to comply
7with this section.

end insert
8

SEC. 3.  

If the Commission on State Mandates determines that
9this act contains costs mandated by the state, reimbursement to
10local agencies and school districts for those costs shall be made
11pursuant to Part 7 (commencing with Section 17500) of Division
124 of Title 2 of the Government Code.



O

    97