BILL ANALYSIS �
AB 2644
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Date of Hearing: May 14, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 2644 (Nazarian) - As Amended: May 5, 2014
Policy Committee: HealthVote:13-3
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill requires each toilet stall in specified facilities to
contain a waste receptacle, unless the addition of a waste
receptacle would result in noncompliance with a local, state, or
federal law relating to access for persons with disabilities, as
determined by the local health officer. Specifically, this bill
applies to the following:
1)Toilet facilities located in permanent food facilities and
provided for use by consumers, guests, and invitees.
2)Restroom facilities maintained by a public agency in an
establishment that serves or is open to the public.
3)Temporary or permanent restroom facilities in publicly and
privately owned facilities where the public congregates.
FISCAL EFFECT
1)Costs exceeding $5 million in total state funds to the
Department of General Services, reimbursed from GF/various
special funds/federal funds.
2)Significant costs to the California Department of Parks and
Recreation, likely in the millions of dollars (GF/special
funds).
3)Unknown GF costs, potentially exceeding $10 million in
one-time and/or ongoing state-reimbursable mandates, to the
extent this bill requires local governments to provide a
higher level of service. This bill would apply to local parks
and government buildings.
COMMENTS
AB 2644
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1)Purpose . According to the author, existing law does not
require public restrooms to be equipped with waste
receptacles. However, current standard practice is to provide
them in most, if not all, women's restrooms, but not in
restrooms for men. The author argues that this bill creates
consistency by requiring public restrooms, for men and women,
to have waste receptacles in every stall, thereby providing
consumers with an appropriate place to dispose of waste
products.
2)Opposition . The California Chamber of Commerce, California
Attractions and Parks Association, California Restaurant
Association, and California Retailers Association oppose this
bill. The opposition writes that they understand this bill
was introduced in response to a complaint from a senior
citizen constituent who was embarrassed by having to dispose
of his or her disposable underwear in the main area of a
public restroom. The opposition continues, that while they
are sympathetic to the issue presented, they do not believe
that unfortunate situations, in and of themselves, should
drive public policy; that the costs associated with
installing, maintaining, and the upkeep of new waste
receptacles in every California restroom required by this bill
is very difficult to quantify.
Analysis Prepared by : Lisa Murawski / APPR. / (916) 319-2081