BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
                              Senator Jim Beall, Chair
                                2015 - 2016  Regular 

          Bill No:          AB 1732           Hearing Date:    6/21/2016
           ----------------------------------------------------------------- 
          |Author:   |Ting                                                  |
          |----------+------------------------------------------------------|
          |Version:  |4/11/2016                                             |
           ----------------------------------------------------------------- 
           ----------------------------------------------------------------- 
          |Urgency:  |No                     |Fiscal:      |Yes             |
           ----------------------------------------------------------------- 
           ----------------------------------------------------------------- 
          |Consultant|Sarah Carvill                                         |
          |:         |                                                      |
           ----------------------------------------------------------------- 
          

          SUBJECT:  Single-user restrooms


            DIGEST:  This bill requires that all single-user restroom  
          facilities in businesses, places of public accommodation, and  
          state and local government agencies be identified as all-gender  
          facilities. 

          ANALYSIS:
          
          Existing law:
          
          1)Requires every public agency that conducts an establishment  
            serving or open to the public and equipped with restrooms  
            intended for public use to make those restrooms available to  
            the public free of cost or charge.

          2)Requires publicly and privately owned sports and entertainment  
            arenas, stadiums, community and convention halls, specialty  
            event centers, amusement facilities, and ski resorts to be  
            equipped with sufficient temporary or permanent restrooms to  
            meet the needs of the public at peak hours. For facilities  
            owned or occupied by the state, the State Building Standards  
            Commission must adopt standards to enforce this requirement.  
            For other facilities, the Office of the State Architect must  
            adopt standards. Standards must conform to the State Plumbing  
            Code and be published in the State Building Standards Code.

          3)Specifies, by regulation, formulas for determining the number  
            of restrooms that must be made available in public and private  







          AB 1732 (Ting)                                      Page 2 of ?
          
          
            facilities based on the number of occupants the facility was  
            designed to accommodate.




          This bill:

          1)Requires that, beginning March 1, 2017, all single-user toilet  
            facilities in business establishments, places of public  
            accommodation, or state or local government agencies be  
            identified as all-gender facilities and designated for use by  
            single occupants, families, and people who require assistance.

          2)Defines "single-user toilet facilities" as those with no more  
            than one water closet and one urinal that have a locking  
            mechanism controlled by the user.

          3)Authorizes inspectors, building officials, and other local  
            officials responsible for code enforcement to check businesses  
            and places of public accommodation for compliance with this  
            requirement as part of their inspections.

          COMMENTS:

          1)Purpose.  Current law requires public and private facilities  
            to maintain a sufficient number of restrooms to meet the needs  
            of the public.  According to the author, however, gender-based  
            restroom restrictions create problems of convenience,  
            fairness, and safety for countless individuals and undermine  
            the applicability and intent of current law.  The author  
            emphasizes that this burden is disproportionately experienced  
            by the lesbian, gay, bisexual, and transgender (LGBT)  
            community, women, and parents or caretakers of dependents of a  
            different gender.  The author states that the goal of this  
            bill is to eliminate the fears and frustration that many  
            people experience in restrooms on a daily basis by designating  
            single-user bathrooms as "all gender." 

          2)Scope.  This bill applies to restroom facilities with one  
            toilet and/or urinal and one sink, with a door that the user  
            can lock.  These restrooms accommodate one user, and possibly  
            one caregiver, at a time.  The debate over how transgender  
            individuals should be accommodated in multiuser restrooms is  
            currently a major national policy issue, particularly with  








          AB 1732 (Ting)                                      Page 3 of ?
          
          
            respect to school settings, so it is important to be clear  
            that this bill does not apply to bathrooms with multiple  
            stalls that can be used by multiple individuals at one time.   
            Additionally, this bill does not require that single-user  
            restrooms be installed or constructed where none currently  
            exist.  As the author states, "Compliance with the bill is a  
            matter of adjusting a sign on a restroom door."  The bill  
            gives inspectors the authority to enforce this requirement,  
            but it does not require them to do so.   

          3)Keeping people safe.  The most obvious benefit of this bill is  
            that it protects transgender and gender non-conforming  
            individuals from harassment and violence.  Using a public  
            restroom is inherently risky for these individuals:  In a 2013  
            survey of people who identify as transgender or gender  
            non-conforming, 70% of respondents reported being denied  
            access to or verbally harassed or physically assaulted in  
            public restrooms.  By removing "male" and "female"  
            designations from single-user restrooms, this bill would  
            separate the routine, daily act of using public bathrooms from  
            the personal matter of defining and declaring one's gender  
            identity, allowing transgender and gender non-conforming  
            people to maintain their privacy - and, by extension, their  
            safety.  While this bill does not guarantee that all-gender  
            bathrooms will be available in all cases, it does de-gender  
            public facilities where the barriers to doing so are lowest.

          4)Supporting caregivers - and evening out the lines.   
            Transgender and gender non-conforming people are not the only  
            groups that benefit from de-gendering single-user bathrooms.   
            Gender-restricted bathrooms pose a dilemma for parents with  
            differently gendered children, as well as for other caregivers  
            assisting people of a different gender.  Supporters of this  
            bill note that people in this situation often have no choice  
            but to break a social norm.  Making single-occupancy restrooms  
            available to all genders makes public bathrooms more  
            accessible to families, children, the elderly, and people with  
            disabilities.  The author notes that it also helps address the  
            problem of inadequate facilities for women - and the  
            resultant, widely observed disparity in wait times for men's  
            and women's restrooms. 

          5)No new signage regulations required.  The California Building  
            Code (CBC) requires only that restroom doors be marked with  
            one of three geometric symbols to indicate whether they are  








          AB 1732 (Ting)                                      Page 4 of ?
          
          
            intended for use by men, women, or all genders.  Most of the  
            information typically displayed on restroom signs -including  
            the side-by-side male and female figures used to denote unisex  
            facilities - exceeds these requirements.  Consequently, no  
            adjustments to the CBC are necessary for implementation of  
            this bill.  
              
          6)Other cities and states.  If passed, this bill would be the  
            first of its kind to be adopted at the state level; however,  
            it is not without precedent.  Several cities have turned to  
            single-user bathrooms as a means of promoting equality for the  
            transgender community and increasing bathroom accessibility  
            across the board.  Austin, Philadelphia, Seattle, and  
            Washington, D.C. have adopted provisions requiring  
            single-occupancy bathrooms to be labeled for all-gender use.   
            In California, the city of West Hollywood has mandated  
            gender-nonspecific single-user bathrooms since 2014, and San  
            Francisco is currently considering a similar measure.  A  
            January 2016 article in Time magazine notes that more than 150  
            U.S. colleges and universities have also instituted such  
            policies, including the entire University of California  
            system.  The United States Department of Labor's Occupational  
            Safety and Health Administration has listed gender nonspecific  
            single-occupancy restrooms as a best practice in the workplace  
            since 2015. 

          Assembly Votes:

            Floor:         55-19
            Appr:          11-4
            B. & P.:       14-0
          


          FISCAL EFFECT:  Appropriation:  No    Fiscal Com.:  Yes     
          Local:  No


            POSITIONS:  (Communicated to the committee before noon on  
          Wednesday,
                          June 15, 2016.)
          
            SUPPORT:  

          California NOW (co-sponsor)








          AB 1732 (Ting)                                      Page 5 of ?
          
          
          Equality California (co-sponsor)
          Transgender Law Center (co-sponsor)
          American Academy of Pediatrics
          American Civil Liberties Union
          Anti-Defamation League
          City of West Hollywood
          HP Inc.
          National Association of Social Workers
          PayPal
          SacLEGAL
          Salesforce
          San Francisco Unified School District
          San Mateo County Board of Supervisors
          Santa Clara County Board of Supervisors
          The Secular Coalition for California

          OPPOSITION:

          None received


                                      -- END --