Amended in Senate August 4, 2014

Amended in Assembly May 23, 2014

Amended in Assembly April 10, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1787

Introduced by Assembly Member Lowenthal

February 18, 2014

An act to begin delete amend Section 21019 of, and to end delete add Section begin delete 21668.3 to, end delete begin insert 50479 to end insert the begin delete Public Utilities end delete begin insert Government end insert Code, relating to begin delete aviation. end delete begin insert airports. end insert

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. begin insert Existing law authorizes local agencies, as defined, to acquire property for airport purposes and engage in various activities related to airport development and operation. end insert

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.

begin delete

(3) A violation of the State Aeronautics Act is a crime.

end delete begin delete

The bill would expressly exclude its provisions as a crime under the act.

end delete begin delete

(4)

end delete

begin insert (3) end insert  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:

begin delete

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.

end delete

begin delete SEC. 2. end delete
begin insert SECTION 1. end insert   

Section begin delete 21668.3 end delete begin insert 50479 end insert is added to the begin delete Public
Utilities end delete begin insert Government end insert Code, to read:

begin delete 21668.3. end delete
begin insert 50479. end insert   

(a) On or before January 1, 2016, the airport manager
of an airport begin insert operated by a city, county, city and county, or airport
district end insert that conducts commercial operations and that has more
than one million enplanements a year shall 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 both of the following conditions:

(1) Includes, at a minimum, a chair and an electrical outlet.

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

(b)  begin insert (1) end insert begin insert   end insert 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). begin insert Terminal
One at the San Diego International Airport shall comply with
subdivisions (a) and (d) upon construction of a new terminal or
the replacement, expansion, or renovation of the existing terminal. end insert

begin insert

(2) The commuter terminal at the San Diego International
Airport is exempt from this section, except that it shall comply with
subdivisions (a) and (d) upon construction of a new terminal or
the replacement, expansion, or renovation of the existing terminal.

end insert

(c) An airport that conducts commercial operations with less
than one million enplanements a year shall comply with
subdivisions (a) and (d) upon new terminal construction or the
replacement, expansion, or renovation of an existing terminal.

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

begin insert

(e)  As used in this section, “renovation of an existing terminal”
means the repurposing of more than 25 percent of the space in the
terminal.

end insert

begin delete SEC. 3. end delete
begin insert SEC. 2. end insert   

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.