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
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          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
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          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