BILL ANALYSIS Ó
SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
Senator Jim Beall, Chair
2015 - 2016 Regular
Bill No: AB 662 Hearing Date: 6/30/2015
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|Author: |Bonilla |
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|Version: |6/1/2015 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant|Eric Thronson |
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SUBJECT: Public accommodation: disabled adults: changing
facilities
DIGEST: This bill requires the State Architect, California
Building Standards Commission (CBSC), or other appropriate state
regulatory entity to adopt regulations requiring a commercial
place of amusement to install and maintain at least one adult
changing station for persons with a physical disability.
ANALYSIS:
Existing law:
1)Establishes the CBSC within the Department of General
Services, and requires any building standards adopted or
proposed by state agencies to be submitted to, and approved
by, the CBSC prior to codification into the California
Standards Code (CBC).
2)Requires the CSBC to adopt, approve, codify, and publish
building standards providing the minimum standards for the
design and construction of state buildings, including
buildings constructed by the Trustees of the California State
University and, to the extent permitted by law, to buildings
designed and constructed by the Regents of the University of
California.
3)Requires the State Fire Marshal to develop building standards
to implement the state's fire and life safety policy, and
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transfers any responsibilities of the State Fire Marshal to
adopt building standards through a formal rulemaking process
to the CBSC.
4)Grants the State Architect jurisdiction over access compliance
requirements for all buildings in California (including
schools) that are publicly funded in whole or in part by the
use of state funds.
5)Requires any person or firm who owns or manages places of
public amusement, such as theaters, concert halls, and
stadiums, to provide seating or accommodations for physically
disabled persons.
This bill:
1)Requires the State Architect, CBSC, or other appropriate state
regulatory entity to adopt regulations, by January 1, 2020,
requiring a commercial place of amusement to install and
maintain at least one adult changing station for persons with
a physical disability that is accessible to both men and
women.
2)Specifies that the regulations must contain the following
requirements:
a) That the entrance to the station must have conspicuous
signage indicating its location.
b) That any central directory indicates the location of the
station.
c) For any new construction after January 1, 2020.
d) For a renovation of a restroom after January 1, 2029, if
it requires a permit or if the estimated cost is $10,000 or
more.
1)Defines a "commercial place of public amusement" as any of the
following:
a) Auditorium
b) Convention center
c) Cultural complex
d) Exhibition hall
e) Permanent amusement park structure
f) Sports arena
g) Theater or movie house with a minimum occupancy of 1,000
AB 662 (Bonilla) Page 3 of ?
people
h) Not any public higher education facility
1)Defines "adult changing station" as an adult changing table
placed within an enclosed restroom facility that is for use by
persons with physical disabilities who need help with
diapering.
COMMENTS:
Purpose of the bill. This bill aims to improve access for
adults with physical disabilities that need an adequate facility
to assist with the changing of diapers. As the number of
persons with disabilities continues to grow, the need for access
to adult changing stations will be more apparent. According to
the author, "By expanding public restroom accommodations in
large occupancy buildings such as auditoriums, convention
centers, exhibition halls, sports arenas, and theaters, we are
ensuring that individuals with physical disabilities and their
families are given the dignity and basic human right to maintain
their health."
Background. The idea for this bill originated from Alisa
Rosillo, a Concord resident and mother of two teenage
wheelchair-bound boys. Because her young adult children require
diaper changing, she is forced to limit her excursions to less
than four hours or be forced to change them on the floor. The
ADA does not require this type of facility, but it is estimated
that over 53,000 disabled persons could benefit from adult
diaper changing facilities. Persons with disabilities are
engaging in more activities as they integrate into social
activities like attending sporting events and concerts. In
order for them to attend these functions, proper restroom
accommodations are necessary for their health and safety.
Currently, special education departments in California school
districts provide for restroom accommodations including a
changing table and a lift so students with disabilities can
comfortably and safely attend to their needs. When examining
the private sector, Disneyland and the Disney California
Adventure Park offer adult diaper changing facilities that are
reportedly used dozens of times daily without incident. It is
unclear how many facilities would be impacted by this bill;
however, the delay in implementation is designed to provide
AB 662 (Bonilla) Page 4 of ?
ample time for compliance with this requirement.
Rehabmart, a retailer of durable medical goods, has an
assortment of adult changing tables that range in price from
$1,800 to $5,000.
California Building Standards. The California Building
Standards Law established the CBSC and the process for adopting
state building codes. Under this process, relevant state
agencies propose amendments to model building codes, which the
CBSC must then adopt, modify, or reject. For example, the
Division of the State Architect is responsible for public
schools, community colleges, and accessibility in public
accommodations and public housing. The Office of the State Fire
Marshal is responsible for fire safety for hotels, apartments,
dwellings, and assembly and high-rise buildings. The Department
of Housing and Community Development is the relevant state
agency for residential building codes, and the Office of
Statewide Health Planning and Development is the relevant state
agency for hospitals and clinics. Not all buildings fall under
the jurisdiction of a relevant state agency. Most commercial,
industrial, and manufacturing structures are considered "local
buildings," over which local governments may determine
applicable building standards. The CBSC is responsible for
developing building standards for state-owned buildings,
including university and state college buildings, and for
developing green building standards for most buildings except
for housing, public schools, and hospitals.
Every three years, the CBSC adopts a new version of the CBC,
known as the triennial update. The building codes apply to all
building occupancies and related features and equipment
throughout the state, and set requirements for structural,
mechanical, electrical, and plumbing systems, and require
measures for energy conservation, green design, construction and
maintenance, fire and life safety, and accessibility.
Given the limits of the existing process, it is unclear how this
bill, as written, could be implemented. According to the
administration, neither the State Architect nor any other state
regulatory entity adopts regulations such as those proposed in
this bill that require commercial buildings to install and
maintain changing facilities. The committee and author may wish
to amend the bill to, instead of require regulations, simply
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require these adult changing stations in commercial amusement
places by some future date.
Opposition. According to the opposition, this bill undermines
and circumvents the longstanding building code process. The
opposition suggests that it is uncommon and unusual to place
building code in statute. To address this, the bill could be
amended to direct the State Architect to investigate the need
for a change such as this to the existing building standards
code. It should be noted that, while it may be imperfect policy
practice to put building codes in statute because codes should
be able to adapt to changing times and technologies, it is far
from uncommon or unusual for the Legislature to propose to do
so.
The opponents also argue that this bill unjustifiably exempts
the state from having to provide the disabled access as mandated
by the bill. According to the opponents' letter, public
facilities have traditionally led the way in terms of providing
public access for the disabled, and they question the precedent
of the state exempting itself from what are proposed disabled
access provisions of state law. It is unclear, however, what
merit there is to this argument. There are few publicly owned
places of amusement as defined by this bill, and the only
exempted places are public higher education facilities.
Technical amendments.
Page 2, line 6, after "of" add "public"
Page 2, strike lines 28 through 31 and add "(1) For purposes
of this section, "Commercial place of public amusement" means
any of the following facilities that has a maximum occupancy
of at least 1,000 people: auditorium, convention center,
cultural complex, exhibition hall, permanent amusement park
structure, sports arena, or theater or movie house."
Related Legislation:
SB 1350 (Lara, 2014) - would have directed the CBSC to require
that, if a baby-changing station is installed in a new or newly
renovated restroom in a place of public accommodation, the state
be equally available regardless of gender. This bill was vetoed
by Governor Brown.
SB 1358 (Wolk, 2014) - would have required buildings owned by
state or local governments, as well as other private buildings
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open to the public, to maintain at least one safe, sanitary, and
convenient baby diaper changing station that is accessible to
women and men. This bill was vetoed by Governor Brown.
Assembly Votes:
Floor: 50-23
Appr: 12-4
B&P: 11-0
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes
Local: No
POSITIONS: (Communicated to the committee before noon on
Wednesday,
June 24, 2015.)
SUPPORT:
AARP
Alameda County Developmental Disabilities Council
California Association of Public Authorities for IHSS
California Disability Services Association
Californians for Disability Rights
Contra Costa Developmental Disabilities Council
Disability Rights California
East Bay Developmental Disabilities Legislative Coalition
Futures Explored
Meals on Wheels and Senior Outreach Services
National Association of Social Workers, California Chapter
North Los Angeles County Regional Center
Regional Center of the East Bay
Rehabilitation Services of Northern California
The Arc and United Cerebral Palsy California Collaboration
OPPOSITION:
Building Owners and Managers Association of California
California Attractions and Parks Association
California Building Industry Association
California Business Properties Association
California Chamber of Commerce
California Restaurant Association
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California Travel Association
International Council of Shopping Centers
National Association of Industrial and Office Properties
National Federation of Independent Business
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