BILL ANALYSIS Ó
SB 1350
Page 1
Date of Hearing: June 24, 2014
ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER
PROTECTION
Susan A. Bonilla, Chair
SB 1350 (Lara and Wolk) - As Amended: May 5, 2014
SENATE VOTE : 32-0
SUBJECT : Baby diaper changing accommodations.
SUMMARY : Requires the California Building Standards Commission
(Commission) to adopt building standards governing the
installation of baby diaper changing stations in places of
public accommodation for equal use by men and women, as
specified. Specifically, this bill :
1)Requires the Commission to develop and adopt building
standards for the installation of baby diaper changing
accommodations in restroom facilities in places of public
accommodation as part of the next triennial edition of the
California Building Standards Code (Code) adopted after
January 1, 2015.
2)Authorizes the Commission 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.
3)Authorizes the Commission to expend funds from the Building
Standards Administration Special Revolving Fund, upon
appropriation, for the development and adoption of the
standards.
4)Requires that the standards state that any place of public
accommodation that installs a baby changing accommodation must
ensure that the accommodation is equally available or provided
regardless of the gender for which the restroom is designed,
under the following circumstances:
a) When there is construction of a new restroom;
b) When there is substantial renovation of a restroom,
meaning a construction or renovation project requiring a
building permit with an estimated cost of $10,000 or more;
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or,
c) To the extent that they 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.
5)States that this bill is not enforceable by a private right of
action.
6)Defines "public accommodation" to have the same meaning as
existing United States Code (USC).
EXISTING LAW :
1)Establishes the Commission to review and approve building
standards and codify and publish approved building standards
in one state building standards code. (Health and Safety Code
(HSC) Sections 18901 et seq).
2)Requires the Commission to publish editions of the Code once
every three years. In the intervening period, the Commission
shall publish supplements as necessary. (HSC 18942)
3)Establishes the Building Standards Administration Special
Revolving Fund, consisting of funds from surcharges on
residential and non-residential building permits. These funds
are available to carry out the provisions of the State
Building Standards Law with an emphasis on using these funds
on the development, adoption, publication and updating of
green building standards. (HSC 18931.7)
4)Includes the following under "public accommodation," if their
operations affect commerce:
a) An inn, hotel, motel, or other place of lodging, except
for an establishment located within a building that
contains not more than five rooms for rent or hire and that
is actually occupied by the proprietor of such
establishment as the residence of such proprietor;
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b) A restaurant, bar, or other establishment serving food
or drink;
c) A motion picture house, theater, concert hall, stadium,
or other place of exhibition or entertainment;
d) A bakery, grocery store, clothing store, hardware store,
shopping center, or other sales or rental establishment;
e) A laundromat, dry-cleaner, bank, barber shop, beauty
shop, travel service, shoe repair service, funeral parlor,
gas station, office of an accountant or lawyer, pharmacy,
insurance office, professional office of a health care
provider, hospital, or other service establishment;
f) A park, zoo, amusement park, or other place of
recreation;
g) A nursery, elementary, secondary, undergraduate, or
postgraduate private school, or other place of education;
h) A day care center, senior citizen center, homeless
shelter, food bank, adoption agency, or other social
service center establishment; and
i) A gymnasium, health spa, bowling alley, golf course, or
other place of exercise or recreation. (42 USC 12181(7))
FISCAL EFFECT : Unknown
COMMENTS :
1)Purpose of this bill . This bill requires the Commission to
adopt building standards governing the voluntary installation
of baby diaper changing accommodations in places of public
accommodation for equal use by gender. This bill is
author-sponsored.
2)Author's statement . According to the author's office, "As the
demographics of the modern American family evolve, traditional
gender roles with women as the primary caregiver for the
children are changing, and men are becoming more and more
involved in the care of their young children.
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"Many public restrooms that provide a baby changing station
only install one in the women's restroom. Unless there is
also a 'family' restroom that is accessible to both men and
women, this leaves men with young children with very limited
options for changing diapers.
"SB 1350 will ensure that public facilities for changing
babies' diapers are equally available to both men and women."
3)The Commission . The Commission, located within the Department
of General Services, was established in 1953 to review and
approve building standards and codify and publish those
standards every three years. Starting in 1989, the Commission
has published triennial editions of the Code in their entirety
every three years. Title 24 is available for purchase or to
the public at no cost through depository libraries. The last
published version of the Code was in 2013.
4)Requirements for baby diaper changing accommodations . There
is no current state requirement for the provision of baby
diaper changing accommodations, but there are some technical
standards in place for those facilities which choose to
install them. However, some localities have modified their
local building codes to require placement. In 1998, Florida's
Miami-Dade County adopted standards requiring new or
substantially renovated public-oriented establishments to
install diaper-changing accommodations that are equally
accessible to women and men. San Francisco followed with
similar regulations in 2005.
5)Arguments in support . Equality California writes, "According
to the 2010 US Census, there are around 640,000 same-sex
households in the US, including 90,000 in California. Of
those same-sex households, 25% of male couples who reported as
spouses included children in their household.
"SB 1350 is a reasonable and common sense approach to provide
more equal access to baby changing facilities in public
restrooms."
6)Related legislation . SB 1358 (Wolk and Lara) is a very similar
bill requiring the Commission to develop and publish mandatory
building standards for the installation of baby changing
accommodations in restroom facilities in places of public
accommodation. SB 1358 does not specify equal gender access.
SB 1350
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The bill will be heard in the Assembly Business, Professions,
and Consumer Protection Committee on June 24, 2014.
7)Previous legislation . AB 1105 (Mullin) of 2005 required
restaurants with three or more locations to provide a baby
changing table within or adjacent to all restroom facilities
intended for public use. That bill was held in the Assembly
Health Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
Equality California
The American Academy of Pediatrics, California
Opposition
None on file.
Analysis Prepared by : Sarah Huchel / B.,P. & C.P. / (916)
319-3301