BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 662|
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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.
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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.
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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
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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
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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
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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
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