Amended in Senate April 21, 2014

Amended in Senate March 28, 2014

Senate Bill No. 1358

Introduced by begin delete Senator end delete begin insert Senators end insert Wolk begin insert and Lara end insert

February 21, 2014

An act to add Sections 15805 and 50535 to the Government Code, and to amend Section 114276 of, and to add Section 118506 to, the Health and Safety Code, relating to public accommodations.

LEGISLATIVE COUNSEL’S DIGEST

SB 1358, as amended, Wolk. Baby diaper changing stations.

(1) Existing law establishes begin delete various requirements end delete begin insert and imposes end insert on state and local begin delete agencies, including end delete begin insert agencies various end insert requirements begin delete governing end delete begin insert relating to the acquisition, construction, and renovation of end insert public buildings.

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.

(2) Existing 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. A violation of these provisions is a crime.

This bill would require that a baby changing table begin insert accessible to both men and women end insert 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 provide that begin delete a violation of this requirement is not a crime end delete begin insert the first violation of this provision would result in a warning, and that subsequent violations would constitute an infraction punishable by a fine of not more than end insert begin insert $250 end insert . By begin insert creating a new crime end insert begin insert and by end insert imposing a higher level of services on local health agencies, the bill would impose a state-mandated local program.

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

This bill would require various facilities, including a theater, sports arena, or library begin insert , end insert to install and maintain at least one baby diaper changing station if the facility is open to the public, as specified. begin delete The bill would provide that a civil penalty may be imposed for a violation of this requirement, as specified. end delete begin insert The bill would authorize local health inspectors to enforce this provision. The bill would also provide that the first violation of this provision shall result in a warning, but that subsequent violations shall constitute an infraction punishable by a fine of not more than $250. By creating a new crime, the bill would impose a state-mandated local program. end insert

(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.

begin delete

(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.

end delete begin delete

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.

end delete begin insert

(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.

end insert begin insert

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

end insert begin insert

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

SECTION 1.  

Section 15805 is added to the Government Code,
to read:

15805.  

(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 begin insert ,
or at least one safe, sanitary, and convenient baby diaper changing
station that is accessible to both men and women end insert . 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.

SEC. 2.  

Section 50535 is added to the Government Code, to
read:

50535.  

(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 begin insert , or at least one safe, sanitary, and convenient baby
diaper changing station that is accessible to both men and women end insert .
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.

SEC. 3.  

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 is not
property used in connection with the food facility and shall not be
included 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) (1) Handwashing facilities, in good repair, shall be provided
as specified in Sections 113953 and 113953.3.

(2) A baby changing table begin insert accessible to both men and women end insert
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, begin delete a violation of this provision is not a crime end delete begin insert the first
violation of this paragraph shall result in a warning. Subsequent
violations shall constitute an infraction punishable by a fine of not
more than two hundred fifty dollars ($250) end insert .

(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.

SEC. 4.  

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

118506.  

(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 begin insert , or at least one safe, sanitary, and
convenient baby diaper changing station that is accessible to both
men and women end insert .

(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.

begin delete

(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.

end delete begin insert

(d) Local health inspectors may enforce this section. The first
violation of this section shall result in a warning. Subsequent
violations shall constitute an infraction punishable by a fine of not
more than two hundred fifty dollars ($250).

end insert

SEC. 5.  

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, begin delete Section 1 of this
act is applicable to the University of California and end delete Section 2 of
this act is applicable to charter cities, charter counties, and charter
cities and counties. begin insert The Legislature encourages the University of
California to comply with Section 1 of this act. end insert

begin delete

SEC. 6.  

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.

end delete

begin insert

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

end insert begin insert

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for certain
costs that may be incurred by a local agency or school district
because, in that regard, this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.

end insert begin insert

However, if the Commission on State Mandates determines that
this act contains other 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.

end insert