BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 662 (Bonilla) - Public accommodation: disabled adults:
changing facilities
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|Version: July 7, 2015 |Policy Vote: T. & H. 9 - 2 |
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|Urgency: No |Mandate: No |
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|Hearing Date: August 17, 2015 |Consultant: Mark McKenzie |
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This bill meets the criteria for referral to the Suspense File.
Bill
Summary: AB 662 would require a commercial place of amusement
with a capacity of 1,000 or more persons to have at least one
adult changing station for persons with specified physical
disabilities by January 1, 2020. Existing facilities that are
renovated would be required to install an adult changing station
by January 1, 2025, if the renovations cost at least $10,000 or
require a permit.
Fiscal
Impact:
One-time costs to the Division of the State Architect (DSA) in
the range of $150,000 to $170,000 to develop regulations
AB 662 (Bonilla) Page 1 of
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specifying the requirements for installation of an adult
changing station and carry the regulations through the
adoption process. (Disability Access Account)
Minor and absorbable costs to the Building Standards
Commission (BSC) to consider and adopt the DSA regulations.
(BSC Service Revolving Fund)
Background: Existing law directs the State Architect to develop and submit
proposed regulations and building standards to the California
Building Standards Commission for approval and adoption for the
purpose of making public buildings, public accommodations,
commercial buildings, public housing, and related facilities
accessible to and usable by persons with disabilities. Upon
adoption, BSC publishes the building standards in triennial
updates to the California Building Standards Code.
Existing law 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.
Proposed Law:
AB 662 would require a person, private firm, organization, or
corporation that owns or manages a new commercial place of
public amusement to install and maintain at least one adult
changing station for persons with a physical disability by
January 1, 2020. Existing facilities that are renovated must
comply with this requirement if the renovation requires a permit
or the renovations cost at least $10,000. A facility must
ensure that the entrance to each adult changing station has
conspicuous signage and any central directory of a facility must
indicate the location of the changing station.
An adult changing station is defined as an adult changing table
located within an enclosed restroom facility, or other similar
private facility, that is for use by persons with specified
physical disabilities who need help with diapering. A
commercial place of public amusement is defined as an
auditorium, convention center, cultural complex, exhibition
hall, permanent amusement park structure, sports arena, or
theater or movie house that has a maximum occupancy of 1,000 or
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more people, explicitly excluding public higher education
facilities.
Related
Legislation: SB 1350 (Lara), which was vetoed by Governor Brown
last year, would have directed the BSC to require baby-changing
stations installed in new or newly renovated restrooms in a
place of public accommodation to be equally available,
regardless of gender.
SB 1358 (Wolk), which was vetoed by Governor Brown last year,
would have required buildings owned by state or local
governments, as well as other private buildings open to the
public, to maintain at least one safe, sanitary, and convenient
baby diaper changing station that is accessible to both women
and men.
The Governor's veto message for both bills stated the following:
At a time when so many have raised concerns about the
number of regulations in California, I believe it would be
more prudent to leave the matter of diaper changing
stations to the private sector. Already, many businesses
have taken steps to accommodate their customers in this
regard. This may be a good business practice, but not one
that I am inclined to legislate.
Staff
Comments: This bill is intended to improve access to public
amusement spaces for adults with physical disabilities that
require adequate facilities for diapering needs. 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. In addition, some public
amusements spaces, such as Disneyland and Disneyland California
Adventure Park offer adult diaper changing facilities, and some
provide accommodations within a first aid station, but many
others do not offer adult changing facilities to disabled
guests.
A review of durable medical goods retailers indicates that adult
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changing tables range in price from $1,800 to $5,000 for
necessary materials, but this does not include labor costs or
construction costs that may be required to ensure adequate space
for installation. The timelines in the bill are intended to
provide adequate flexibility to allow sufficient time for
affected owners and managers of commercial amusement spaces to
plan for compliance with the requirements.
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