BILL ANALYSIS �
SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: AB 1787
SENATOR MARK DESAULNIER, CHAIRMAN AUTHOR: lowenthal
VERSION: 5/23/14
Analysis by: Erin Riches FISCAL: yes
Hearing date: June 17, 2014
SUBJECT:
Airports: lactation accommodation
DESCRIPTION:
This bill requires airports to provide a private room in each
terminal, behind the airport security screening area and
separate from a public restroom, where women can express breast
milk.
ANALYSIS:
Existing law requires an employer to provide a reasonable period
to accommodate an employee desiring to express breast milk for
her infant child. Existing law also requires an employer to
provide an employee with the use of a room or other location,
other than a toilet stall, in close proximity to the employee's
work area, for an employee to express milk in private.
This bill :
Requires commercial airports with more than one million
enplanements per year to provide, by January 1, 2016, a room
or other location in each terminal behind the security
screening area for women to express breast milk in private.
Requires this lactation area to be located outside a public
restroom and to include, at minimum, a chair and an electrical
outlet.
Exempts Terminal One at the San Diego International Airport
from providing a lactation area behind the security gate, but
requires it to provide a lactation area before the security
gate.
Requires smaller commercial airports (fewer than one million
enplanements per year) to comply with this bill when
AB 1787 (LOWENTHAL) Page 2
constructing a new terminal or when replacing, expanding, or
renovating an existing terminal.
Requires all airports to provide a sink in any lactation area
when constructing a new terminal or when replacing, expanding,
or renovating an existing terminal.
Provides that any violation of this bill is punishable by a
maximum fine of $1,000, maximum imprisonment of six months, or
both.
COMMENTS:
1.Purpose . The author states that according to the U.S.
Breastfeeding Committee, women with infants and children are
the fastest growing segment of the workforce. The author
states that experts and advocates maintain that breastfeeding
is an important need for many working mothers in California
and the lack of lactation support services in the workplace
and beyond can have broad fiscal and public health
ramifications for employers and employees. The author states
that the Centers for Disease Control and Prevention report
that 56.8 percent of women exclusively breastfeed at three
months, but this number drops dramatically to 27.4 percent at
six months. While many factors can lead to this drop-off,
surveys suggest that limited accommodations are a factor. The
author states that only one California airport - San Francisco
International Airport (SFO) - offers private rooms for
breastfeeding mothers. SFO currently has nine nurseries and
is planning to add four more.
2.How many airports does this bill cover ? This bill applies
initially to commercial airports with more than one million
enplanements per year and incorporates smaller commercial
airports as they build, expand, or renovate. According to the
California Airports Council, the commercial airports with more
than one million enplanements per year are Los Angeles
International Airport, SFO, San Diego International Airport,
Oakland International Airport, Sacramento International
Airport, San Jose International Airport, John Wayne Airport
(Orange County), LA/Ontario International Airport, Bob Hope
Airport (Burbank), and Long Beach Airport. These 10 airports
make up 97 percent of total enplanements at the state's 34
AB 1787 (LOWENTHAL) Page 3
commercial airports.
3.Current facilities . According the California Building
Standards Commission, there are currently no mandatory or
voluntary building standards for designated lactation areas in
airports. Because state law does not prohibit provision of
lactation areas, local jurisdictions may allow such areas in
buildings as long as the areas meet disability access
requirements for public accommodations. Some California
airports provide related accommodations; for example, SFO
provides companion bathrooms and locking nurseries and
Sacramento International Airport provides family bathrooms
that offer extra privacy, extra room, and electrical outlets
for breast pumps.
4.San Diego airport exemption . This bill allows Terminal One at
San Diego International Airport to provide a lactation area
before the security gate, rather than behind the security
gate, due to space restrictions in the terminal. The author
plans to amend the bill to ensure that this bill's
requirements will apply to all terminals at San Diego upon
construction of a new terminal or replacement, expansion, or
renovation of an existing terminal.
5.Other issues to consider . The author is working with
stakeholders to address the following issues as the bill moves
forward:
When must a lactation area include a sink? This bill
originally required a lactation area to include a chair, an
electrical outlet, and a sink. In response to stakeholder
concerns regarding the significant resources required to
install a room with plumbing, the author amended this bill
to instead initially require the lactation area to include
only a chair and an electrical outlet. This bill does,
however, require airports to install a room including a
sink when constructing a new terminal or replacing,
expanding, or renovating an existing terminal.
The author is working with stakeholders to define what
constitutes renovation - for example, a project intended to
modernize at least 25 percent or more of the secure
terminal area - and would therefore trigger the sink
requirement. The author may wish to consider, rather than
a trigger, a delayed implementation date. For example, in
addition to requiring large commercial airports to install
a lactation area with at least a chair and an outlet by
AB 1787 (LOWENTHAL) Page 4
January 1, 2016, this bill could require all airports to
install a lactation area with at least a chair, outlet, and
sink by a specific subsequent date.
What is a terminal? This bill requires airports to
provide a lactation area in each terminal, behind the
airport security screening area. Because some airports are
designed in such a way that multiple terminals feed into a
single area behind the airport security screening area, it
is unclear whether the shared area would require multiple
lactation areas. The author is working with stakeholders
on clarifying language.
Assembly Votes:
Floor: 72-5
Appr: 13-0
Trans: 15-0
POSITIONS: (Communicated to the committee before noon on
Wednesday, June 11,
2014.)
SUPPORT: American Academy of Pediatrics, California
Association of Flight Attendants - CWA, AFL-CIO,
Council 11
American Congress of Obstetricians and
Gynecologists District IX
California
BreastfeedLA
California Breastfeeding Coalition
California Center for Public Health Advocacy
California Communities United Institute
California WIC Association
Los Angeles Lactation
Limerick Inc.
Mamava
Zero to Three Western Office
OPPOSED: None received.