Amended in Senate April 21, 2014

Senate Bill No. 1350

Introduced by begin delete Senator end delete begin insert Senators end insert Lara begin insert and Wolk end insert

February 21, 2014

An act to add Section begin delete 1714.27 to the Civil Code, end delete begin insert 118502 to the Health and Safety Code, end insert relating to public accommodations.

LEGISLATIVE COUNSEL’S DIGEST

SB 1350, as amended, Lara. Baby diaper changing accommodations.

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Existing law requires publicly and privately owned facilities where the public congregates to be equipped with sufficient restrooms to meet the needs of the public at peak hours.

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Existing law establishes the California Building Standards Commission to approve and adopt building standards adopted or proposed by state agencies. Existing law establishes the Building Standards Administration Special Revolving Fund in the State Treasury and makes moneys deposited in the fund available, upon appropriation, to the commission to carry out the duties of the commission, as specified.

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This bill would require the California Building Standards Commission to develop and adopt standards governing the installation of baby diaper changing accommodations for restroom facilities in a place of public accommodation after January 1, 2017, as specified. The bill would require the commission to require, when developing the building standards, that any place of public accommodation that installs a baby diaper changing accommodation ensures that the accommodation is equally available or provided regardless of the gender for which the restroom facilities are designed. This requirement would only apply under specified circumstances, including when there is construction of a new restroom or substantial renovation of a restroom, as specified. The bill would authorize the commission, in adopting this standard, to consult with the State Architect, the State Department of Housing and Community Development, the Office of Statewide Health Planning and Development, and other interested parties. The bill would also authorize the commission to expend funds from the Building Standards Administration Special Revolving Fund, upon appropriation as specified, for the development and adoption of these standards.

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Existing law requires publicly and privately owned facilities where the public congregates to be equipped with sufficient restrooms to meet the need of the public at peak hours.

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This bill would require any place of public accommodation that provides restroom facilities for the public and installs new, or substantially renovated facilities, as defined, to install and maintain at least one baby diaper changing accommodation that is accessible to women and one that is accessible to men, or one that is accessible to both.

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A violation of this provision would be an infraction. By creating a new crime, this bill would impose a state-mandated local program.

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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.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete yes end delete begin insert no end insert .

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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It is the intent of the Legislature to ensure that
baby diaper changing facilities are provided equally to both men
and women in public restroom facilities.

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begin insert SEC. 2. end insert   

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begin insert Section 118502 is added to the end insert begin insert Health and Safety Code end insert begin insert ,
to read: end insert

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begin insert 118502. end insert   

(a) (1) The California Building Standards
Commission shall develop and adopt standards governing the
installation of baby diaper changing accommodations for restroom
facilities in a place of public accommodation in the next regularly
scheduled intervening code cycle after January 1, 2017. In
adopting this standard, the commission may consult with the State
Architect, the State Department of Housing and Community
Development, the Office of Statewide Health Planning and
Development, and other interested parties.

(2) The commission may expend funds from the Building
Standards Administration Special Revolving Fund, upon
appropriation pursuant to Section 18931.7, for the development
and adoption of these standards.

(b) When developing the building standards, the commission
shall require that any place of public accommodation that installs
a baby diaper changing accommodation ensures that the
accommodation is equally available or provided regardless of the
gender for which the restroom is designed. This requirement shall
apply only under the following circumstances:

(1) When there is construction of a new restroom.

(2) When there is substantial renovation of a restroom.

(3) To the extent that it may be implemented in compliance with
local, state, and federal laws regarding access for persons with
disabilities and with existing fire, health, and safety standards.

(c) As used in this section, “public accommodation” is defined
as in Section 12181(7) of Title 42 of the United States Code.

(d) As used in this section, “substantial renovation” means a
construction or renovation project requiring a building permit
with an estimated cost of ten thousand dollars ($10,000) or more.

(e) This section is not enforceable by a private right of action.

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SECTION 1.  

Section 1714.27 is added to the Civil Code, to
read:

1714.27.  

(a) Any place of public accommodation that provides
restroom facilities for the public and installs new, or substantially
renovated, facilities shall install and maintain at least one baby
diaper changing accommodation that is accessible to women and
at least one baby diaper changing accommodation that is accessible
to men, or a single baby diaper changing accommodation that is
accessible to both.

(b) As used in this section, “public accommodation” is defined
as in Section 12181(7) of Title 42 of the United States Code.

(c) As used in this section, “substantially renovated” means a
construction or renovation project requiring a building permit and
with an estimated cost of ten thousand dollars ($10,000) or more.

(d) Installation of baby diaper changing accommodations shall
comply with local, state, and federal laws regarding access for
persons with disabilities and with existing fire, health, and safety
standards.

(e) A violation of this section shall be an infraction, punishable
by a fine not exceeding two hundred fifty dollars ($250).

(f) This section shall not be enforceable by a private right of
action.

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.

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