Amended in Senate March 28, 2014

Senate Bill No. 1358

Introduced by Senator Wolk

February 21, 2014

An act begin insert to add Sections 15805 and 50535 to the Government Code, and end insert to amend Section 114276 of begin insert , and to add Section 118506 to, end insert the Health and Safety Code, relating to begin delete food facilities. end delete begin insert public accommodations. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 1358, as amended, Wolk. begin delete Food facilities: clean toilet facilities. end delete begin insert Baby diaper changing stations. end insert

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(1) Existing law establishes various requirements on state and local agencies, including requirements governing public buildings.

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This bill would require new construction or renovation of a public building, as specified, that is owned by a state or a local agency, or a portion of a building that is owned by a state or local agency and includes at least one restroom that is open to the public, to provide on each floor level containing one or more restrooms that are accessible to the public at least one safe, sanitary, and convenient baby diaper changing station, as specified. The bill would require each station to be maintained, repaired, and replaced as necessary to ensure safety and ease of use, and to be cleaned with the same frequency as the restroom in which it is located. By imposing a higher level of service on local agencies, the bill would impose a state-mandated local program.

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Existing

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begin insert (2) end insert begin insert   end insert begin insert Existing end insert law, the California Retail Food Code, establishes uniform health and sanitation standards for retail food facilities and provides for the enforcement of those standards by local health agencies and by the State Department of Public Health, as specified. Among other sanitation standards, the code requires a permanent food facility to provide clean toilet facilities in good repair for consumers, guests, or invitees if the food facility was constructed after July 1, 1984, and has more than 20,000 square feet of floor space. begin insert A violation of these provisions is a crime. end insert

This bill would begin delete make technical, nonsubstantive changes to that provision. end delete begin insert require that a baby changing table be provided within or adjacent to toilet rooms unless the addition of a baby changing table would result in noncompliance with a law relating to access for persons with disabilities, as determined by the local health inspector. The bill would end insert begin insert provide that a violation of this requirement is not a crime. By imposing a higher level of services on local health agencies, the bill would impose a state-mandated local program. end insert

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(3) Existing law requires publicly and privately owned facilities where the public congregates to be equipped with sufficient restrooms to met the need of the public at peak hours.

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This bill would require various facilities, including a theater, sports arena, or library to install and maintain at least one baby diaper changing station if the facility is open to the public, as specified. The bill would provide that a civil penalty may be imposed for a violation of this requirement, as specified.

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(4) The bill would set forth findings and declarations stating that ensuring that safe, sanitary, and convenient baby diaper changing stations are widely available throughout the state is a matter of statewide concern.

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(5) 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.

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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.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

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

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begin insert SECTION 1. end insert   

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begin insert Section 15805 is added to the end insert begin insert Government Code end insert begin insert ,
to read: end insert

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begin insert 15805. end insert   

(a) A public building that is owned by a state agency,
or a portion of a building that is owned by the state and includes
at least one restroom that is open to the public, shall provide on
each floor level containing one or more restrooms that are
accessible to the public at least one safe, sanitary, and convenient
baby diaper changing station that is accessible to women entering
a restroom provided for use by women and at least one safe,
sanitary, and convenient baby diaper changing station that is
accessible to men entering a restroom provided for use by men.
Each station shall include signage at or near the entrance to the
station indicating the location of the baby diaper changing station.
If there is a central directory identifying for the benefit of the public
the location of offices, restrooms, and other facilities in the
building, that central directory shall indicate the location of the
baby diaper changing stations. Each baby diaper changing station
shall be maintained, repaired, and replaced as necessary to ensure
safety and ease of use, and shall be cleaned with the same
frequency as the restroom in which it is located.

(b) Subdivision (a) applies to all new construction and all
renovations in which the estimated cost of the renovation is fifty
thousand dollars ($50,000) or more.

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begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 50535 is added to the end insert begin insert Government Code end insert begin insert , to
read: end insert

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begin insert 50535. end insert   

(a) A public building that is owned by a local agency,
or a portion of a building that is owned by a local agency and
includes at least one restroom that is open to the public, shall
provide on each floor level containing one or more restrooms that
are accessible to the public at least one safe, sanitary, and
convenient baby diaper changing station that is accessible to
women entering a restroom provided for use by women and at
least one safe, sanitary, and convenient baby diaper changing
station that is accessible to men entering a restroom provided for
use by men. Each station shall include signage at or near the
entrance to the station indicating the location of the baby diaper
changing station. If there is a central directory identifying for the
benefit of the public the location of offices, restrooms, and other
facilities in the building, that central directory shall indicate the
location of the baby diaper changing stations. Each baby diaper
changing station shall be maintained, repaired, and replaced as
necessary to ensure safety and ease of use, and shall be cleaned
with the same frequency as the restroom in which it is located.

(b) Subdivision (a) applies to all new construction and all
renovations in which the estimated cost of the renovation is fifty
thousand dollars ($50,000) or more.

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begin delete SECTION 1. end delete
begin insert SEC. 3. end insert   

Section 114276 of the Health and Safety Code is
amended to read:

114276.  

(a) A permanent food facility shall provide clean
toilet facilities in good repair for use by employees.

(b) (1) A permanent food facility shall provide clean toilet
facilities in good repair for consumers, guests, or invitees when
there is onsite consumption of foods or if the food facility was
constructed after July 1, 1984, and has more than 20,000 square
feet of floor space.

(2) Notwithstanding Section 113984.1, toilet facilities that are
provided for use by consumers, guests, or invitees shall be in a
location where consumers, guests, and invitees do not pass through
food preparation, food storage, or utensil washing areas to reach
the toilet facilities.

(3) For purposes of this section, a building subject to paragraph
(1) that has a food facility with more than 20,000 square feet of
floor space shall provide at least one separate toilet facility for
men and one separate toilet facility for women.

(4) For purposes of this section, the gas pump area of a service
station that is maintained in conjunction with a food facility begin delete shall end delete
begin insert is end insert not begin delete be considered as end delete property used in connection with the food
facility begin delete or end delete begin insert and shall not end insert be begin delete considered end delete begin insert included end insert in determining the
square footage of floor space of the food facility.

(c) (1) Toilet rooms shall be separated by well-fitted,
self-closing doors that prevent the passage of flies, dust, or odors.

(2) Toilet room doors shall be kept closed, except during
cleaning and maintenance operations.

(d) begin insert   end insert begin insert (1) end insert  Handwashing facilities, in good repair, shall be provided
as specified in Sections 113953 and 113953.3.

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(2) A baby changing table shall be provided within or adjacent
to toilet rooms unless the addition of a baby changing table would
result in noncompliance with a law relating to access for persons
with disabilities, as determined by the local health inspector.
Notwithstanding Section 114395, a violation of this provision is
not a crime.

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(e) A city, county, or city and county may enact ordinances that
are more protective of the public health than this section.

(f) (1) Except as provided in paragraph (1) of subdivision (b),
any building that is constructed before January 1, 2004, that has
a food facility that provides space for the consumption of food on
the premises shall either provide clean toilet facilities in good
repair for consumers, guests, or invitees on property used in
connection with, or in, the food facility or prominently post a sign
within the food facility in a public area stating that toilet facilities
are not provided.

(2) The first violation of paragraph (1) shall result in a warning.
Subsequent violations shall constitute an infraction punishable by
a fine of not more than two hundred fifty dollars ($250).

(3) The requirements of this section for toilet facilities that are
accessible to consumers, guests, or invitees on the property may
be satisfied by permitting access by those persons to the toilet and
handwashing facilities that are required by this part.

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begin insert SEC. 4. end insert   

end insert

begin insert Section 118506 is added to the end insert begin insert Health and Safety Code end insert begin insert ,
to read: end insert

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begin insert 118506. end insert   

(a) A theater or movie house, sports arena,
auditorium, cultural complex, exhibition hall, library, passenger
terminal, permanent amusement park structure, restaurant with a
seating capacity of at least 50 seats, except as described in
subdivision (b), shopping center of more than 25,000 square feet,
tourist attraction, or retail store of more than 5,000 square feet
shall install and maintain at least one baby diaper changing station
if the facility is open to the public. There shall be at least one
station that is accessible to women entering a restroom provided
for use by women and one that is accessible to men entering a
restroom provided for use by men.

(b) For purposes of this section, a “restaurant with a seating
capacity of at least 50 seats” does not apply to a restaurant if
there is centrally located facility with a baby diaper changing
station located within 300 feet of the entrance to the restaurant.

(c) This section shall not be enforceable by a private right of
action.

(d) A civil penalty not to exceed two hundred fifty dollars ($250)
may be imposed for each violation of this section. The penalty may
be recovered in a civil action brought by the Attorney General, or
the district attorney or city attorney, or by a city prosecutor in a
city and county.

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begin insert SEC. 5. end insert   

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begin insert The Legislature finds and declares that ensuring that
safe, sanitary, and convenient baby diaper changing stations are
widely available throughout the state is a matter of statewide
concern, and not a municipal affair. Therefore, Section 1 of this
act is applicable to the University of California and Section 2 of
this act is applicable to charter cities, charter counties, and charter
cities and counties. end insert

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begin insert SEC. end insert begin insert 6. end insert   

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

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