BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 1787
                                                                  Page  1

          Date of Hearing:   April 30, 2014

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                  AB 1787 (Lowenthal) - As Amended:  April 10, 2014 

          Policy Committee:                               
          TransportationVote:15-0

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              No

           SUMMARY  

          This bill requires the state's large commercial airports to  
          provide a separate room where women can express breast milk in  
          private. Specifically, this bill:

          1)Requires commercial airports with more than one million  
            passengers annually, by January 1, 2016, to provide a room at  
            each terminal beyond the security screening area. The room is  
            to have at least a chair, electrical outlet, and a sink and be  
            located outside of public restroom.

          2)Exempts Terminal One at San Diego International Airport from  
            providing the room beyond the security screening area and  
            instead requires a room before the screening area.

          3)Requires all other commercial airports in the state to comply  
            with (1) upon construction of a new terminal or reconstruction  
            of an existing terminal.

           FISCAL EFFECT  

          Ten airports with annual passenger counts exceeding one million  
          would be subject to the bill's January 1, 2016 mandate, at a  
          total of 32 terminals: Los Angeles (9), San Francisco (4), San  
          Diego (4), Oakland (2), Sacramento (2), Orange County (3), San  
          Jose (2), Ontario (4), Burbank (1), and Long Beach (1). If costs  
          are up to $50,000 per terminal, one-time costs would total up to  
          $1.6 million. (A major driver of costs would be to plumb the  
          required sink.) These costs would be state reimbursable to the  
          extent the airports, which are self-supporting public  
          enterprises, submit successful mandate claims rather than  








                                                                  AB 1787
                                                                  Page  2

          covering the costs through their budgets.

           COMMENTS 

           1)Purpose  . According to the U.S. Breastfeeding Committee,  
            one-third of mothers return to work within three months after  
            giving birth, and two-thirds return within six months. The  
            American Academy of Pediatrics recommends that babies be  
            exclusively breastfed for about the first six months of life,  
            and should continue to be breastfed for a year or for as long  
            as is mutually desired by the mother and the baby. 

            While breastfeeding is recommended, workplace and other  
            facility constraints often create obstacles for mothers trying  
            to continue to breastfeed after returning to work.  California  
            law clearly establishes a woman's right to breastfeed her  
            child in any location where she is otherwise authorized to be.  
            The law also requires employers to make reasonable efforts to  
            provide employees with a private room and break time to  
            express breast milk.  These legal protections, while critical,  
            do not help in situations where a working mother must travel  
            for work without her child and must express breast milk.

           2)The California Airports Council  (CAC) requests an amendment to  
            remove the sink requirement due to cost and feasibility  
            concerns. (The CAC notes that current law requiring employers  
            to provide private spaces for nursing mothers do not include a  
            sink requirement.) The CAC also seeks an amendment providing  
            the flexibility to comply without having to renegotiate  
            existing lease agreements or local government approvals.

           Analysis Prepared by  :    Chuck Nicol / APPR. / (916) 319-2081