BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  SB 1358
                                                                  Page  1

          Date of Hearing:   June 24, 2014

              ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER  
                                     PROTECTION
                               Susan A. Bonilla, Chair
                  SB 1358 (Wolk and Lara) - As Amended:  May 5, 2014

           SENATE VOTE  :   29-1
           
          SUBJECT  :   Building standards: baby diaper changing stations.

           SUMMARY  :  Requires the California Building Standards Commission  
          (Commission) to adopt mandatory building standards for the  
          installation of baby diaper changing accommodations in restroom  
          facilities in places of public accommodation, as specified.   
          Specifically,  this bill:  

          1)Requires the Commission to adopt, approve, codify, and publish  
            mandatory building standards for the installation of baby  
            diaper changing accommodations in restroom facilities in  
            places of public accommodation with the next triennial edition  
            of the California Building Standards Code adopted after  
            January 1, 2015.

          2)Requires the standards to apply to newly constructed restrooms  
            and renovated restrooms when the renovation requires a  
            building permit and the value of the renovation is more than  
            $10,000.

          3)Authorizes the Commission to appropriate funds from the  
            Building Standards Administration Special Revolving Fund for  
            the development and adoption of the standards.

           EXISTING LAW  :


          1)Establishes the Commission to review and approve building  
            standards and codify and publish approved building standards  
            in one state building standards code. (Health and Safety Code  
            (HSC) Sections 18901 et seq).



          2)Requires the Commission to publish editions of the Code once  
            every three years.  In the intervening period, the Commission  








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            shall publish supplements as necessary.  (HSC 18942)


          3)Establishes the Building Standards Administration Special  
            Revolving Fund, consisting of funds from surcharges on  
            residential and non-residential building permits.  These funds  
            are available to carry out the provisions of the State  
            Building Standards Law with an emphasis on using these funds  
            on the development, adoption, publication and updating of  
            green building standards.  (HSC 18931.7)

           FISCAL EFFECT  :   Unknown

           COMMENTS  :   

           1)Purpose of this bill  .  This bill will require the Commission  
            to develop standards requiring that places of public  
            accommodation that build new restrooms or renovate their  
            restrooms at a cost of $10,000 or more install baby diaper  
            changing accommodations.  This bill is author-sponsored.  
           2)Author's statement .  According to the author's office,  
            "Currently, parents who change their babies' diapers while  
            away from home often find the availability of public restrooms  
            problematic. Parents may be forced to change their babies'  
            diapers on dirty bathroom floors, posing a health risk to the  
            child. Changing the baby in the parents' personal vehicle is  
            not an option for families that rely on public transit. Also,  
            given the trend of fair distribution of parenting  
            responsibilities, as compared with four decades ago, baby  
            changing tables should be available in both men's and women's  
            restrooms."

           3)The Commission  .  The Commission, located within the Department  
            of General Services, was established in 1953 to review and  
            approve building standards and codify and publish those  
            standards every three years.  Starting in 1989, the Commission  
            has published triennial editions of the Code in their entirety  
            every three years.  Title 24 is available for purchase or to  
            the public at no cost through depository libraries.  The last  
            published version of the Code was in 2013.   

          4)Requirements for baby diaper changing accommodations  .  There  
            is no current state requirement for the provision of baby  
            diaper changing accommodations, but there are some technical  
            standards in place for those facilities which choose to  








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            install them.  However, some localities have modified their  
            local building codes to require placement.  In 1998, Florida's  
            Miami-Dade County adopted standards requiring new or  
            substantially renovated public-oriented establishments to  
            install diaper-changing accommodations that are equally  
            accessible to women and men.  San Francisco followed with  
            similar regulations in 2005. 

           5)Arguments in support  .  Equal Rights Advocates writes, "A 2012  
            Google consumer survey highlights the importance of baby  
            changing stations; it suggests that approximately 20% of the  
            U.S. population uses baby changing stations.  Another study  
            found that nearly 90% of parents shopped or visited public  
            places with their children and, of these, 75% deliberately  
            sought out establishments with family-friendly accommodations.

            "[W]e believe that providing baby changing stations in all  
            restrooms of public buildings is important to California  
            families." 

           6)Related legislation . SB 1350 (Lara and Wolk) is a very similar  
            bill requiring the Commission to adopt building standards  
            governing the installation of baby diaper changing stations in  
            places of public accommodation for equal use by men and women.  
             The bill will be heard in the Assembly Business, Professions,  
            and Consumer Protection Committee on June 24, 2014. 

           7)Previous legislation  .  AB 1105 (Mullin) of 2005 required  
            restaurants with three or more locations to provide a baby  
            changing table within or adjacent to all restroom facilities  
            intended for public use.  That bill was held in the Assembly  
            Health Committee. 

           REGISTERED SUPPORT / OPPOSITION  :

          Support 
           
          American Academy of Pediatrics, California
          Equal Rights Advocates
          Equality California
          The Association of California Commissions for Women
           
            Opposition 
           
          None on file.








                                                                  SB 1358
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           Analysis Prepared by  :    Sarah Huchel / B.,P. & C.P. / (916)  
          319-3301