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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