BILL ANALYSIS Ó AB 1787 Page 1 Date of Hearing: April 21, 2014 ASSEMBLY COMMITTEE ON TRANSPORTATION Bonnie Lowenthal, Chair AB 1787 (Lowenthal) - As Amended: April 10, 2014 SUBJECT : Airports: commercial operations: lactation accommodation. SUMMARY : Requires large commercial airports in California to provide a room separate from a public restroom behind security at each gate where women can express breast milk in private. Specifically, this bill : 1)Requires the airport manager of an airport that conducts commercial operations and that has more than one million enplanements per year, on or before January 1, 2016, 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 both of the following conditions: a) Includes, at a minimum, a chair, an electrical outlet, and a sink; and, b) Is located outside of the confines of a public restroom. 2)Exempts Terminal One at the San Diego International Airport from providing a room or other location behind the airport security screening area, but requires the airport to provide a secure room located in the same terminal prior to entering the security screening area that meets all of the other conditions described above. 3)Requires airports that conduct commercial operations and that have less than one million enplanements per year to comply upon new terminal construction or upon the modernization of existing terminal facilities. EXISTING LAW: 1)Requires every California employer to provide a reasonable amount of break time for an employee to express breast milk for her infant child. AB 1787 Page 2 2)Requires employers to make reasonable efforts to provide an employee desiring to express breast milk with the use of a room or other location, other than a toilet stall, in close proximity to the employee's work area to express milk in private. 3)Allows a mother to breastfeed her child in any location, public or private, except the private home of another, where the mother and the child are otherwise authorized to be present. FISCAL EFFECT : Unknown COMMENTS : According to the U.S. Breastfeeding Committee, women with infants and children are the fastest growing segment of the workforce. Among employed women with children under age three, approximately 70% work full-time. One-third of mothers return to work within three months after giving birth, and two-thirds return within six months. The American Academy of Pediatrics recommends that babies be exclusively breastfed for about the first six months of life, and should continue to be breastfed for a year or for as long as is mutually desired by the mother and the baby. The Centers for Disease Control and Prevention (CDC) report that the percentage of new mothers in California who exclusively breastfeed at three months is 56.8%, dropping dramatically to 27.4% at six months. While breastfeeding is recommended, workplace and other facility constraints often create obstacles for mothers trying to continue to breastfeed after returning to work. California law clearly establishes a woman's right to breastfeed her child in any location where she is otherwise authorized to be. The law also requires employers to make reasonable efforts to provide employees with a private room and break time to express breastmilk. These legal protections, while critical, do not help in situations where a working mother must travel for work without her child and must express breast milk. AB 1787 requires all large commercial airports in California to provide, by 2016, a private room or space, outside the confines of a public restroom, behind security at each terminal for nursing mothers to express breastmilk. The bill allows San AB 1787 Page 3 Diego International Airport to provide the room before security at its Terminal One due to severe space constraints behind security. Smaller commercial airports would be required to comply only upon new terminal construction or modernization. Currently in California, only one airport-San Francisco International-offers private rooms behind security for the purpose of expressing breastmilk. Writing in support, Breastfeed LA points out that many mothers who must travel struggle to find appropriate space in public settings to express milk. The organization argues that whether women are using airports for business or personal travel, they deserve to be accommodated appropriately and equal to their needs. Breastfeed LA and other supporters further note that the travelling mother may find that they are at the airport longer than anticipated due to travel delays and need to express milk to avoid engorgement and maintain their milk supply. REGISTERED SUPPORT / OPPOSITION : Support Association of Flight Attendants-CWA Breastfeed L.A. California Communities United Institute California WIC Association Limerick Los Angeles Lactation Zero to Three, National Center for Infants, Toddlers, and Families 60 Individual letters Opposition None on file Analysis Prepared by : Anya Lawler / TRANS. / (916) 319-2093