BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 662| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: AB 662 Author: Bonilla (D) Amended: 9/3/15 in Senate Vote: 21 SENATE TRANS. & HOUSING COMMITTEE: 9-2, 6/30/15 AYES: Beall, Cannella, Allen, Galgiani, Leyva, McGuire, Mendoza, Roth, Wieckowski NOES: Bates, Gaines SENATE APPROPRIATIONS COMMITTEE: 5-2, 8/27/15 AYES: Lara, Beall, Hill, Leyva, Mendoza NOES: Bates, Nielsen ASSEMBLY FLOOR: 50-23, 6/3/15 - See last page for vote SUBJECT: Public accommodation: disabled adults: changing facilities SOURCE: Author DIGEST: This bill requires anyone who owns or manages a commercial place of public 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. Senate Floor Amendments of 9/3/15 add to the list of facilities excluded from implementing the new requirement in this bill. AB 662 Page 2 ANALYSIS: Existing law: 1)Establishes the California Building Standards Commission (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 Building Code (CBC). 2)Requires the CBSC 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 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 anyone who owns or manages a commercial place of public 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. AB 662 Page 3 2)Specifies that this applies to all new construction after January 1, 2020, and all existing construction after 2025. 3)Defines a "commercial place of public amusement" as any of the following with a maximum occupancy of 2,500 or more: a) Auditorium b) Convention center c) Cultural complex d) Exhibition hall e) Permanent amusement park structure f) Sports arena g) Theater or movie house h) Not any public or private higher education facility or district agricultural association 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. 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 Americans with Disabilities Act 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 AB 662 Page 4 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 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. FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: No According to the Senate Appropriations Committee: One-time costs to the Division of the State Architect (DSA) in the range of $150,000 to $170,000 to develop regulations 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 CBSC to consider and adopt the DSA regulations. (CBSC Service Revolving Fund) SUPPORT: (Verified9/4/15) AARP Alameda County Developmental Disabilities Council California Association of Public Authorities for IHSS California Disability Services Association Californians for Disability Rights Contra Costa County 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 AB 662 Page 5 Rehabilitation Services of Northern California The Arc and United Cerebral Palsy California Collaboration OPPOSITION: (Verified9/4/15) Building Owners and Managers Association of California California Building Industry Association California Business Properties Association California Chamber of Commerce California Restaurant Association International Council of Shopping Centers National Association of Industrial and Office Properties National Federation of Independent Business ARGUMENTS IN SUPPORT: 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." ARGUMENTS IN 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. 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 AB 662 Page 6 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. ASSEMBLY FLOOR: 50-23, 6/3/15 AYES: Alejo, Bloom, Bonilla, Bonta, Brown, Burke, Calderon, Campos, Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Daly, Dodd, Eggman, Frazier, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Roger Hernández, Holden, Irwin, Jones-Sawyer, Levine, Lopez, Low, Maienschein, McCarty, Medina, Mullin, Nazarian, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone, Ting, Weber, Wilk, Williams, Wood, Atkins NOES: Achadjian, Travis Allen, Baker, Bigelow, Chang, Chávez, Dahle, Beth Gaines, Gallagher, Grove, Hadley, Harper, Kim, Lackey, Mathis, Mayes, Melendez, Obernolte, Olsen, Patterson, Steinorth, Wagner, Waldron NO VOTE RECORDED: Brough, Jones, Linder, O'Donnell, Perea, Quirk, Thurmond Prepared by:Eric Thronson / T. & H. / (916) 651-4121 9/4/15 13:47:42 **** END ****