BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session AB 662 (Bonilla) - Public accommodation: disabled adults: changing facilities ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: July 7, 2015 |Policy Vote: T. & H. 9 - 2 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: No | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: August 17, 2015 |Consultant: Mark McKenzie | | | | ----------------------------------------------------------------- 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 ? 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 AB 662 (Bonilla) Page 2 of ? 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 AB 662 (Bonilla) Page 3 of ? 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. -- END --