BILL NUMBER: SB 1358	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 5, 2014
	AMENDED IN SENATE  APRIL 21, 2014
	AMENDED IN SENATE  MARCH 28, 2014

INTRODUCED BY   Senators Wolk and Lara

                        FEBRUARY 21, 2014

   An act to add  Sections 15805 and 50535 to the Government
Code, and to amend Section 114276 of, and to add Section 118506 to,
the Health and Safety Code, relating to public accommodations
  Section 18941.11 to the Health and Safety Code,
relating to building standards  .



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1358, as amended, Wolk.  Baby   Building
standards: baby  diaper changing stations. 
   The California Building Standards Law provides for the adoption of
building standards by state agencies by requiring all state agencies
that adopt or propose adoption of any building standard to submit
building standards to the California Building Standards Commission
for approval and adoption. In the absence of a designated state
agency, the commission is required to adopt specific building
standards, as prescribed. Existing law requires the commission to
publish, or cause to be published, editions of the California
Building Standards Code in its entirety once every 3 years. 

   This bill would require the commission, commencing with the next
triennial edition of the California Building Standards Code adopted
after January 1, 2015, to adopt, approve, codify, and publish
mandatory building standards for the installation of baby diaper
changing accommodations in restroom facilities in places of public
accommodation, as specified.  
   (1) Existing law establishes and imposes on state and local
agencies various requirements relating to the acquisition,
construction, and renovation of public buildings.  
   This bill would require new construction or renovation of a public
building, as specified, that is owned by a state or a local agency,
or a portion of a building that is owned by a state or local agency
and includes at least one restroom that is open to the public, to
provide on each floor level containing one or more restrooms that are
accessible to the public at least one safe, sanitary, and convenient
baby diaper changing station, as specified. The bill would require
each station to be maintained, repaired, and replaced as necessary to
ensure safety and ease of use, and to be cleaned with the same
frequency as the restroom in which it is located. By imposing a
higher level of service on local agencies, the bill would impose a
state-mandated local program.  
   (2) Existing law, the California Retail Food Code, establishes
uniform health and sanitation standards for retail food facilities
and provides for the enforcement of those standards by local health
agencies and by the State Department of Public Health, as specified.
Among other sanitation standards, the code requires a permanent food
facility to provide clean toilet facilities in good repair for
consumers, guests, or invitees if the food facility was constructed
after July 1, 1984, and has more than 20,000 square feet of floor
space. A violation of these provisions is a crime.  

   This bill would require that a baby changing table accessible to
both men and women be provided within or adjacent to toilet rooms
unless the addition of a baby changing table would result in
noncompliance with a law relating to access for persons with
disabilities, as determined by the local health inspector. The bill
would provide that the first violation of this provision would result
in a warning, and that subsequent violations would constitute an
infraction punishable by a fine of not more than $250. By creating a
new crime and by imposing a higher level of services on local health
agencies, the bill would impose a state-mandated local program.
 
   (3) 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.  
   This bill would require various facilities, including a theater,
sports arena, or library, to install and maintain at least one baby
diaper changing station if the facility is open to the public, as
specified. The bill would authorize local health inspectors to
enforce this provision. The bill would also provide that the first
violation of this provision shall result in a warning, but that
subsequent violations shall constitute an infraction punishable by a
fine of not more than $250. By creating a new crime, the bill would
impose a state-mandated local program.  
   (4) The bill would set forth findings and declarations stating
that ensuring that safe, sanitary, and convenient baby diaper
changing stations are widely available throughout the state is a
matter of statewide concern.  
   (5) 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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
 
   With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  yes   no  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 18941.11 is added to the 
 Health and Safety Code   , to read:  
   18941.11.  (a) The commission shall, commencing with the next
triennial edition of the California Building Standards Code (Title 24
of the California Code of Regulations) adopted after January 1,
2015, adopt, approve, codify, and publish mandatory building
standards for the installation of baby diaper changing accommodations
in restroom facilities in places of public accommodation. These
building standards shall apply to newly constructed restrooms and to
renovated restrooms for which the renovation requires a building
permit and the value of the renovation to the restroom exceeds ten
thousand dollars ($10,000).
   (b) 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.  
  SECTION 1.    Section 15805 is added to the
Government Code, to read:
   15805.  (a) A public building that is owned by a state agency, or
a portion of a building that is owned by the state and includes at
least one restroom that is open to the public, shall provide on each
floor level containing one or more restrooms that are accessible to
the public at least one safe, sanitary, and convenient baby diaper
changing station that is accessible to women entering a restroom
provided for use by women and at least one safe, sanitary, and
convenient baby diaper changing station that is accessible to men
entering a restroom provided for use by men, or at least one safe,
sanitary, and convenient baby diaper changing station that is
accessible to both men and women. Each station shall include signage
at or near the entrance to the station indicating the location of the
baby diaper changing station. If there is a central directory
identifying for the benefit of the public the location of offices,
restrooms, and other facilities in the building, that central
directory shall indicate the location of the baby diaper changing
stations. Each baby diaper changing station shall be maintained,
repaired, and replaced as necessary to ensure safety and ease of use,
and shall be cleaned with the same frequency as the restroom in
which it is located.
   (b) Subdivision (a) applies to all new construction and all
renovations in which the estimated cost of the renovation is fifty
thousand dollars ($50,000) or more.  
  SEC. 2.    Section 50535 is added to the
Government Code, to read:
   50535.  (a) A public building that is owned by a local agency, or
a portion of a building that is owned by a local agency and includes
at least one restroom that is open to the public, shall provide on
each floor level containing one or more restrooms that are accessible
to the public at least one safe, sanitary, and convenient baby
diaper changing station that is accessible to women entering a
restroom provided for use by women and at least one safe, sanitary,
and convenient baby diaper changing station that is accessible to men
entering a restroom provided for use by men, or at least one safe,
sanitary, and convenient baby diaper changing station that is
accessible to both men and women. Each station shall include signage
at or near the entrance to the station indicating the location of the
baby diaper changing station. If there is a central directory
identifying for the benefit of the public the location of offices,
restrooms, and other facilities in the building, that central
directory shall indicate the location of the baby diaper changing
stations. Each baby diaper changing station shall be maintained,
repaired, and replaced as necessary to ensure safety and ease of use,
and shall be cleaned with the same frequency as the restroom in
which it is located.
   (b) Subdivision (a) applies to all new construction and all
renovations in which the estimated cost of the renovation is fifty
thousand dollars ($50,000) or more.  
  SEC. 3.    Section 114276 of the Health and Safety
Code is amended to read:
   114276.  (a) A permanent food facility shall provide clean toilet
facilities in good repair for use by employees.
   (b) (1) A permanent food facility shall provide clean toilet
facilities in good repair for consumers, guests, or invitees when
there is onsite consumption of foods or if the food facility was
constructed after July 1, 1984, and has more than 20,000 square feet
of floor space.
   (2) Notwithstanding Section 113984.1, toilet facilities that are
provided for use by consumers, guests, or invitees shall be in a
location where consumers, guests, and invitees do not pass through
food preparation, food storage, or utensil washing areas to reach the
toilet facilities.
   (3) For purposes of this section, a building subject to paragraph
(1) that has a food facility with more than 20,000 square feet of
floor space shall provide at least one separate toilet facility for
men and one separate toilet facility for women.
   (4) For purposes of this section, the gas pump area of a service
station that is maintained in conjunction with a food facility is not
property used in connection with the food facility and shall not be
included in determining the square footage of floor space of the food
facility.
   (c) (1) Toilet rooms shall be separated by well-fitted,
self-closing doors that prevent the passage of flies, dust, or odors.

   (2) Toilet room doors shall be kept closed, except during cleaning
and maintenance operations.
   (d) (1) Handwashing facilities, in good repair, shall be provided
as specified in Sections 113953 and 113953.3.
   (2) A baby changing table accessible to both men and women shall
be provided within or adjacent to toilet rooms unless the addition of
a baby changing table would result in noncompliance with a law
relating to access for persons with disabilities, as determined by
the local health inspector. Notwithstanding Section 114395, the first
violation of this paragraph shall result in a warning. Subsequent
violations shall constitute an infraction punishable by a fine of not
more than two hundred fifty dollars ($250).
   (e) A city, county, or city and county may enact ordinances that
are more protective of the public health than this section.
   (f) (1) Except as provided in paragraph (1) of subdivision (b),
any building that is constructed before January 1, 2004, that has a
food facility that provides space for the consumption of food on the
premises shall either provide clean toilet facilities in good repair
for consumers, guests, or invitees on property used in connection
with, or in, the food facility or prominently post a sign within the
food facility in a public area stating that toilet facilities are not
provided.
   (2) The first violation of paragraph (1) shall result in a
warning. Subsequent violations shall constitute an infraction
punishable by a fine of not more than two hundred fifty dollars
($250).
   (3) The requirements of this section for toilet facilities that
are accessible to consumers, guests, or invitees on the property may
be satisfied by permitting access by those persons to the toilet and
handwashing facilities that are required by this part. 

  SEC. 4.    Section 118506 is added to the Health
and Safety Code, to read:
   118506.  (a) A theater or movie house, sports arena, auditorium,
cultural complex, exhibition hall, library, passenger terminal,
permanent amusement park structure, restaurant with a seating
capacity of at least 50 seats, except as described in subdivision
(b), shopping center of more than 25,000 square feet, tourist
attraction, or retail store of more than 5,000 square feet shall
install and maintain at least one baby diaper changing station if the
facility is open to the public. There shall be at least one station
that is accessible to women entering a restroom provided for use by
women and one that is accessible to men entering a restroom provided
for use by men, or at least one safe, sanitary, and convenient baby
diaper changing station that is accessible to both men and women.
   (b) For purposes of this section, a "restaurant with a seating
capacity of at least 50 seats" does not apply to a restaurant if
there is centrally located facility with a baby diaper changing
station located within 300 feet of the entrance to the restaurant.
   (c) This section shall not be enforceable by a private right of
action.
   (d) Local health inspectors may enforce this section. The first
violation of this section shall result in a warning. Subsequent
violations shall constitute an infraction punishable by a fine of not
more than two hundred fifty dollars ($250). 
  SEC. 5.    The Legislature finds and declares that
ensuring that safe, sanitary, and convenient baby diaper changing
stations are widely available throughout the state is a matter of
statewide concern, and not a municipal affair. Therefore, Section 2
of this act is applicable to charter cities, charter counties, and
charter cities and counties. The Legislature encourages the
University of California to comply with Section 1 of this act.
 
  SEC. 6.    No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution for certain costs that may be incurred by a local agency
or school district because, in that regard, 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.
   However, if the Commission on State Mandates determines that this
act contains other 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.