BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 2644
                                                                  Page  1

          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
                                                                  Page  2


           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