Amended in Assembly April 10, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 1787


Introduced by Assembly Member Lowenthal

February 18, 2014


An act tobegin insert amend Section 21019 of, and toend insert add Section 21668.3 tobegin insert,end insert the Public Utilities Code, relating to aviation.

LEGISLATIVE COUNSEL’S DIGEST

AB 1787, as amended, Lowenthal. Airports: commercial operations: lactation accommodation.

begin delete

Existing

end delete

begin insert(1)end insertbegin insertend insertbegin insertExistingend insert law requires every employer to provide a reasonable amount of break time to accommodate an employee who desires to express breast milk for the employee’s infant child. Existing federal law requires employers to provide the employee with the use of a room, other than a bathroom, for the employee to express breast milk, as specified.

This bill wouldbegin insert, except as specified,end insert requirebegin insert, on or before January 1, 2016,end insert the airport manager of an airport that conducts commercial operations begin insertand that has more than 1,000,000 enplanements a year end insertto providebegin delete the use ofend delete a room or other locationbegin delete, other than a toilet stall, at each airport terminal behind airport security screening for members of the public to express breast milk in private.end deletebegin insert at each airport terminal behind the airport security screening area for members of the public to express breast milk in private that meets specified conditions.end insert

begin delete

Because a violation of this provision would be a crime, the bill would impose a state-mandated local program.

end delete
begin delete

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end delete
begin delete

This bill would provide that no reimbursement is required by this act for a specified reason.

end delete
begin insert

(2) Because the bill would impose new duties on local public officials, the bill would create a state-mandated local program.

end insert
begin insert

(3) A violation of the State Aeronautics Act is a crime.

end insert
begin insert

The bill would expressly exclude its provisions as a crime under the act.

end insert
begin insert

(4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end insert
begin insert

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 21019 of the end insertbegin insertPublic Utilities Codeend insertbegin insert is
2amended to read:end insert

3

21019.  

Any person violating any of the provisions of this part,
4other than Section 21407.1begin insert or 21668.3end insert, or any of the rules or orders
5issued under this part, is punishable by a fine of not more than one
6thousand dollars ($1,000) or by imprisonment of not more than
7six months, or both.

8

begin deleteSECTION 1.end delete
9begin insertSEC. 2.end insert  

Section 21668.3 is added to the Public Utilities Code,
10to read:

11

21668.3.  

begin deleteThe end deletebegin insert(a)end insertbegin insertend insertbegin insertOn or before January 1, 2016, the end insertairport
12manager of an airport that conducts commercial operationsbegin insert and
13that has more than one million enplanements a yearend insert
shall provide
14begin delete the use ofend delete a room or other locationbegin delete, other than a toilet stall, at each
15airport terminal behind airport security screening for members of
16the public to express breast milk in private.end delete
begin insert at each airport terminal
17behind the airport security screening area for members of the
P3    1public to express breast milk in private that meets both of the
2following conditions:end insert

begin insert

3(1) Includes, at a minimum, a chair, an electrical outlet, and a
4sink.

end insert
begin insert

5(2) Is located outside of the confines of a public restroom.

end insert
begin insert

6(b) Terminal One at the San Diego International Airport is
7exempt from providing a room or other location behind the airport
8security screening area, but shall provide a secure room located
9in the same terminal prior to entering the security screening area
10that meets all of the other conditions of subdivision (a).

end insert
begin insert

11(c) Airports that conduct commercial operations with less than
12one million enplanements a year shall comply with subdivision (a)
13upon new terminal construction or the modernization of existing
14terminal facilities.

end insert
15begin insert

begin insertSEC. 3.end insert  

end insert
begin insert

If the Commission on State Mandates determines that
16this act contains costs mandated by the state, reimbursement to
17local agencies and school districts for those costs shall be made
18pursuant to Part 7 (commencing with Section 17500) of Division
194 of Title 2 of the Government Code.

end insert
begin delete
20

SEC. 2.  

No reimbursement is required by this act pursuant to
21Section 6 of Article XIII B of the California Constitution because
22the only costs that may be incurred by a local agency or school
23district will be incurred because this act creates a new crime or
24infraction, eliminates a crime or infraction, or changes the penalty
25for a crime or infraction, within the meaning of Section 17556 of
26the Government Code, or changes the definition of a crime within
27the meaning of Section 6 of Article XIII B of the California
28Constitution.

end delete


O

    98