The federal Americans with Disabilities Act of 1990 and the California Building Standards Code require that specified buildings, structures, and facilities be accessible to, and usable by, persons with disabilities. Existing law requires, among others, any person who owns or manages a place of public amusement and resort to provide seating or accommodations for physically disabled persons in a variety of locations within the facility, as specified. Existing law authorizes the district attorney, the city attorney, the Attorney General or, in certain instances, the Department of Rehabilitation acting through the Attorney General, to bring an action to enjoin a violation of prescribed requirements relating to access to buildings by disabled persons.

This bill would require a person, private firm, organization, or corporation that owns or manages a commercial place of public amusement, as defined, constructed on or after January 1, 2020, or renovated on or after January 1, 2025, to install and maintain at least one adult changing station, as defined, for a person with a physical disability, as specified. The bill would require a facility to ensure that the entrance to each adult changing station has conspicuous signage indicating its location, and, if the facility has a central directory, ensure that the central directory indicates the location of the adult changing station.

The federal Americans with Disabilities Act of 1990 and the California Building Standards Code require that specified buildings, structures, and facilities be accessible to, and usable by, persons with disabilities. Existing law requires, among others, any person who owns or manages a place of public amusement and resort to provide seating or accommodations for physically disabled persons in a variety of locations within the facility, as specified. Existing law authorizes the district attorney, the city attorney, the Attorney General or, in certain instances, the Department of Rehabilitation acting through the Attorney General, to bring an action to enjoin a violation of prescribed requirements relating to access to buildings by disabled persons.

This bill would require a person, private firm, organization, or corporation that owns or manages a commercial place of public amusement, as defined, constructed on or after January 1, 2020, or renovated on or after January 1, 2025, to install and maintain at least one adult changing station, as defined, for a person with a physical disability, as specified. The bill would require a facility to ensure that the entrance to each adult changing station has conspicuous signage indicating its location, and, if the facility has a central directory, ensure that the central directory indicates the location of the adult changing station.

The federal Americans with Disabilities Act of 1990 and the California Building Standards Code require that specified buildings, structures, and facilities be accessible to, and usable by, persons with disabilities. Existing law requires, among others, any person who owns or manages a place of public amusement and resort to provide seating or accommodations for physically disabled persons in a variety of locations within the facility, as specified. Existing law authorizes the district attorney, the city attorney, the Attorney General or, in certain instances, the Department of Rehabilitation acting through the Attorney General, to bring an action to enjoin a violation of prescribed requirements relating to access to buildings by disabled persons.

This bill would require a person, private firm, organization, or corporation that owns or manages a commercial place of public amusement, as defined, constructed on or after January 1, 2020, or renovated on or after January 1, 2025, to install and maintain at least one adult changing station, as defined, for a person with a physical disability, as specified. The bill would require a facility to ensure that the entrance to each adult changing station has conspicuous signage indicating its location, and, if the facility has a central directory, ensure that the central directory indicates the location of the adult changing station.

The federal Americans with Disabilities Act of 1990 and the California Building Standards Code require that specified buildings, structures, and facilities be accessible to, and usable by, persons with disabilities. Existing law requires, among others, any person who owns or manages a place of public amusement and resort to provide seating or accommodations for physically disabled persons in a variety of locations within the facility, as specified. Existing law authorizes the district attorney, the city attorney, the Attorney General or, in certain instances, the Department of Rehabilitation acting through the Attorney General, to bring an action to enjoin a violation of prescribed requirements relating to access to buildings by disabled persons.

This bill would require a person, private firm, organization, or corporation that owns or manages a commercial place of public amusement, as defined, constructed on or after January 1, 2020, or renovated on or after January 1, 2025, to install and maintain at least one adult changing station, as defined, by January 1, 2020, for a person with a physical disability, as specified. The bill would extend the compliance period to January 1, 2025, for renovation projects that require permits or have estimated costs of $10,000 or more. The bill would require a facility to ensure that the entrance to each adult changing station has conspicuous signage indicating its location, and, if the facility has a central directory, ensure that the central directory indicates the location of the adult changing station.

The federal Americans with Disabilities Act of 1990 and the California Building Standards Code require that specified buildings, structures, and facilities be accessible to, and usable by, persons with disabilities. Existing law requires, among others, any person who owns or manages a place of public amusement and resort to provide seating or accommodations for physically disabled persons in a variety of locations within the facility, as specified. Existing law authorizes the district attorney, the city attorney, the Attorney General or, in certain instances, the Department of Rehabilitation acting through the Attorney General, to bring an action to enjoin a violation of prescribed requirements relating to access to buildings by disabled persons.

This bill would, by January 1, 2020, require the Division of the State Architect, the California Building Standards Commission, or other appropriate state regulatory entity to adopt regulations requiring would require a commercial place of public amusement, as defined, that is constructed on or after January 1, 2020, or that renovates a bathroom on or after January 1, 2029, to install and maintain at least one adult changing station, as defined, by January 1, 2020, for a person with a physical disability, as specified. The bill would extend the compliance period to January 1, 2025, for renovation projects that require permits or have estimated costs of $10,000 or more. The bill would require a facility to ensure that the entrance to each adult changing station has conspicuous signage indicating its location, and, if the facility has a central directory, ensure that the central directory indicates the location of the adult changing station.

The federal Americans with Disabilities Act of 1990 and the California Building Standards Code require that specified buildings, structures, and facilities be accessible to, and usable by, persons with disabilities. Existing law requires, among others, any person who owns or manages a place of public amusement and resort to provide seating or accommodations for physically disabled persons in a variety of locations within the facility, as specified. Existing law authorizes the district attorney, the city attorney, the Attorney General or, in certain instances, the Department of Rehabilitation acting through the Attorney General, to bring an action to enjoin a violation of prescribed requirements relating to access to buildings by disabled persons.

This bill would, by January 1, 2020, require the Division of the State Architect, the California Building Standards Commission, or other appropriate state regulatory entity to adopt regulations requiring a commercial place of public amusement, as defined, that is constructed on or after January 1, 2020, or that renovates a bathroom on or after January 1, 2029, to install and maintain at least one adult changing station, as defined, for a person with a physical disability, as specified. The bill would also make conforming changes.

The federal Americans with Disabilities Act of 1990 and the California Building Standards Code require that specified buildings, structures, and facilities be accessible to, and usable by, persons with disabilities. Existing law requires, among others, any person who owns or manages a place of public amusement and resort to provide seating or accommodations for physically disabled persons in a variety of locations within the facility, as specified. Existing law authorizes the district attorney, the city attorney, the Attorney General or, in certain instances, the Department of Rehabilitation acting through the Attorney General, to bring an action to enjoin a violation of prescribed requirements relating to access to buildings by disabled persons.

This bill would would, by January 1, 2020, require the Division of the State Architect, the California Building Standards Commission, or other appropriate state regulatory entity to adopt regulations requiring a commercial place of public amusement that is required by regulation to have more than 13 water closets installed amusement, as defined, that is constructed on or after January 1, 2020, or that renovates a bathroom on or after January 1, 2029, to install and maintain at least one adult changing station, as defined, for a person with a physical disability, as specified. The bill would also make conforming changes.

The federal Americans with Disabilities Act of 1990 and the California Building Standards Code require that specified buildings, structures, and facilities be accessible to, and usable by, persons with disabilities. Existing law requires, among others, any person who owns or manages a place of public amusement and resort to provide seating or accommodations for physically disabled persons in a variety of locations within the facility, as specified. Existing law authorizes the district attorney, the city attorney, the Attorney General or, in certain instances, the Department of Rehabilitation acting through the Attorney General, to bring an action to enjoin a violation of prescribed requirements relating to access to buildings by disabled persons.

This bill would require a commercial place of public amusement that serves over 1,000 people on a daily basis is required by regulation to have more than 13 water closets installed that is constructed on or after January 1, 2019, 2020, or that renovates a bathroom on or after January 1, 2029, to install and maintain at least one adult changing station, as defined, for a person with a physical disability, as specified. The bill would also make conforming changes.

The federal Americans with Disabilities Act of 1990 and the California Building Standards Code require that specified buildings, structures, and facilities be accessible to, and usable by, persons with disabilities. Existing law requires, among others, any person who owns or manages a place of public amusement and resort to provide seating or accommodations for physically disabled persons in a variety of locations within the facility, as specified. Existing law authorizes the district attorney, the city attorney, the Attorney General or, in certain instances, the Department of Rehabilitation acting through the Attorney General, to bring an action to enjoin a violation of prescribed requirements relating to access to buildings by disabled persons.

This bill would require a commercial place of public amusement that serves over 1,000 people on a daily basis constructed on or after January 1, 2019, or that renovates a bathroom on or after January 1, 2029, to install and maintain at least one adult changing station, as defined, for a person with a physical disability, as specified. The bill would also make conforming changes.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 662

Author:(Bonilla)

As Amended Ver:September 3, 2015

Majority vote

Original Committee Reference: B. & P.

SUMMARY: Requires a person, private firm, organization, or corporation that owns or manages a commercial place of public amusement to install and maintain at least one adult changing station for persons with a physical disability, as specified. Specifically, this bill:

1. Defines "commercial place of public amusement" as an auditorium, convention center, cultural complex, exhibition hall, permanent amusement park structure, sports arena, or theater or movie house for which the maximum occupancy is determined to be 2,500 or more people. The definition excludes any public higher education facility.

2. Defines "adult changing station" as an adult changing table placed within an enclosed restroom facility, or other similar private facility, that is for use by persons with physical disabilities who need help with diapering.

3. Defines "physical disability" as a mental or physical disability, as described in Government Code Section 12926.

4. Requires a person, private firm, organization, or corporation that owns or manages a commercial place of public amusement to install and maintain at least one adult changing station for persons with a physical disability that is accessible to both men and women when the facility is open to the public if:

   1. The commercial place of public amusement is newly constructed on or after January 1, 2020; or

   2. An existing commercial place of public amusement is renovated on or after January 1, 2025, and requires a permit or the estimated cost of the renovation is $10,000 or more.

5. Provides that a commercial place of public amusement with an enclosed restroom facility or other similar private facility with an adult changing table in use before January 1, 2025, will be deemed to comply with the above requirement.

6. Requires a facility to ensure that the entrance to each changing station has conspicuous signage indicating the location of the station, and, if the facility has a central directory, to ensure that the central directory indicates the location of the adult changing station.

The Senate amendments:

1. Replace the provisions pertaining to the various state agencies with the requirement that an owner of a commercial place of public amusement install and maintain at least one adult changing station, as specified.

2. Revise the definition of a commercial place of public amusement to:

   1. Narrow the structures included to those with a maximum occupancy of 2,500 or more people;

   2. Exclude private higher education facilities; and,

   3. Exclude district agricultural associations.

3. Make clarifying, technical changes.

FISCAL EFFECT: According to the Senate Appropriations Committee, this bill will result in:

1. Estimated BSIS costs of approximately $14,000 annually to hold four DRC hearings.

2. BSIS staff costs of approximately $33,000 annually for 0.5 PY of administrative workload associated with DRC activities.

3. Minor and absorbable costs to make necessary IT changes to the BreEZe system.

COMMENTS:

Purpose. This bill is sponsored by Futures Explored, Inc. According to the author, "By expanding public restroom accommodations in large occupancy buildings such as auditoriums, convention centers, exhibition halls, sports arenas, and theaters we are ensuring that individuals with physical disabilities and their families are given the dignity and basic human right to maintain their health."

Background. This bill aims to improve access for adults with physical disabilities that need an adequate facility to assist with the changing of diapers. In order for people with disabilities to attend sporting events and amusement parks, proper restroom accommodations are necessary for their health and safety. A 2014 Department of Developmental Services report on consumer characteristics found that about 53,000 disabled persons could benefit from adult diaper changing stations.

Currently, special education departments in California school districts provide for restroom accommodations including a changing table and a lift so students with disabilities can comfortably and safely attend to their needs. In addition, some public amusements spaces, such as Disneyland and Disneyland California Adventure Park offer adult diaper changing facilities, and some provide accommodations within a first aid station, but many others do not offer adult changing facilities to disabled guests.

A review of durable medical goods retailers indicates that adult changing tables range in price from $1,800 to $5,000 for necessary materials, but this does not include labor costs or construction costs that may be required to ensure adequate space for installation. The timelines in this bill are intended to provide adequate flexibility to allow sufficient time for affected owners and managers of commercial amusement spaces to plan for compliance with the requirements.

Analysis Prepared by: Vincent Chee / B. & P. / (916) 319-3301 FN: 0002286

 THIRD READING  

Bill No: AB 662

Author: Bonilla (D)

Amended: 9/3/15 in Senate

Vote: 21

SENATE TRANS. & HOUSING COMMITTEE: 9-2, 6/30/15

AYES: Beall, Cannella, Allen, Galgiani, Leyva, McGuire, Mendoza, Roth, Wieckowski

NOES: Bates, Gaines

SENATE APPROPRIATIONS COMMITTEE: 5-2, 8/27/15

AYES: Lara, Beall, Hill, Leyva, Mendoza

NOES: Bates, Nielsen

ASSEMBLY FLOOR: 50-23, 6/3/15 - See last page for vote

SUBJECT: Public accommodation: disabled adults: changing facilities

SOURCE: Author

DIGEST: This bill requires anyone who owns or manages a commercial place of public amusement to install and maintain at least one adult changing station for persons with a physical disability that is accessible to both men and women.

Senate Floor Amendments of 9/3/15 add to the list of facilities excluded from implementing the new requirement in this bill.

ANALYSIS:

Existing law:

1. Establishes the California Building Standards Commission (CBSC) within the Department of General Services, and requires any building standards adopted or proposed by state agencies to be submitted to, and approved by, the CBSC prior to codification into the California Building Code (CBC).

2. Requires the CBSC to adopt, approve, codify, and publish building standards providing the minimum standards for the design and construction of state buildings, including buildings constructed by the Trustees of the California State University and, to the extent permitted by law, to buildings designed and constructed by the Regents of the University of California.

3. Requires the State Fire Marshal to develop building standards to implement the state’s fire and life safety policy, and transfers any responsibilities of the State Fire Marshal to adopt building standards through a formal rulemaking process to the CBSC.

4. Grants the State Architect jurisdiction over access compliance requirements for all buildings in California (including schools) that are publicly funded in whole or in part by the use of state funds.

5. Requires any person or firm who owns or manages places of public amusement, such as theaters, concert halls, and stadiums, to provide seating or accommodations for physically disabled persons.

This bill:

1. Requires anyone who owns or manages a commercial place of public amusement to install and maintain at least one adult changing station for persons with a physical disability that is accessible to both men and women.

2. Specifies that this applies to all new construction after January 1, 2020, and all existing construction after 2025.

3. Defines a “commercial place of public amusement” as any of the following with a maximum occupancy of 2,500 or more:

1. Auditorium

2. Convention center

3. Cultural complex

4. Exhibition hall

5. Permanent amusement park structure

6. Sports arena

7. Theater or movie house

8. Not any public or private higher education facility or district agricultural association

4. Defines “adult changing station” as an adult changing table placed within an enclosed restroom facility that is for use by persons with physical disabilities who need help with diapering.

Background

The idea for this bill originated from Alisa Rosillo, a Concord resident and mother of two teenage wheelchair-bound boys. Because her young adult children require diaper changing, she is forced to limit her excursions to less than four hours or be forced to change them on the floor. The Americans with Disabilities Act does not require this type of facility, but it is estimated that over 53,000 disabled persons could benefit from adult diaper-changing facilities. Persons with disabilities are engaging in more activities as they integrate into social activities like attending sporting events and concerts. In order for them to attend these functions, proper restroom accommodations are necessary for their health and safety.

Currently, special education departments in California school districts provide for restroom accommodations, including a changing table and a lift so students with disabilities can comfortably and safely attend to their needs. When examining the private sector, Disneyland and the Disney California Adventure Park offer adult diaper changing facilities that are reportedly used dozens of times daily without incident. It is unclear how many facilities would be impacted by this bill; however, the delay in implementation is designed to provide ample time for compliance with this requirement.

Rehabmart, a retailer of durable medical goods, has an assortment of adult changing tables that range in price from $1,800 to $5,000.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Senate Appropriations Committee:

• One-time costs to the Division of the State Architect (DSA) in the range of $150,000 to $170,000 to develop regulations specifying the requirements for installation of an adult changing station and carry the regulations through the adoption process. (Disability Access Account)
  
  

• Minor and absorbable costs to the CBSC to consider and adopt the DSA regulations. (CBSC Service Revolving Fund)

SUPPORT: (Verified 9/4/15)

AARP

Alameda County Developmental Disabilities Council

California Association of Public Authorities for IHSS

California Disability Services Association

Californians for Disability Rights

Contra Costa County

Contra Costa Developmental Disabilities Council

Disability Rights California

East Bay Developmental Disabilities Legislative Coalition

Futures Explored

Meals on Wheels and Senior Outreach Services

National Association of Social Workers, California Chapter

North Los Angeles County Regional Center

Regional Center of the East Bay

Rehabilitation Services of Northern California

The Arc and United Cerebral Palsy California Collaboration

OPPOSITION: (Verified 9/4/15)

Building Owners and Managers Association of California

California Building Industry Association

California Business Properties Association

California Chamber of Commerce

California Restaurant Association

International Council of Shopping Centers

National Association of Industrial and Office Properties

National Federation of Independent Business

ARGUMENTS IN SUPPORT: This bill aims to improve access for adults with physical disabilities that need an adequate facility to assist with the changing of diapers. As the number of persons with disabilities continues to grow, the need for access to adult changing stations will be more apparent. According to the author, “By expanding public restroom accommodations in large occupancy buildings such as auditoriums, convention centers, exhibition halls, sports arenas, and theaters, we are ensuring that individuals with physical disabilities and their families are given the dignity and basic human right to maintain their health.”

ARGUMENTS IN OPPOSITION: According to the opposition, this bill undermines and circumvents the longstanding building code process. The opposition suggests that it is uncommon and unusual to place building code in statute. It should be noted that, while it may be imperfect policy practice to put building codes in statute because codes should be able to adapt to changing times and technologies, it is far from uncommon or unusual for the Legislature to propose to do so.

The opponents also argue that this bill unjustifiably exempts the state from having to provide the disabled access as mandated by the bill. According to the opponents’ letter, public facilities have traditionally led the way in terms of providing public access for the disabled, and they question the precedent of the state exempting itself from what are proposed disabled access provisions of state law. It is unclear, however, what merit there is to this argument. There are few publicly owned places of amusement as defined by this bill, and the only exempted places are public higher education facilities.

ASSEMBLY FLOOR: 50-23, 6/3/15

AYES: Alejo, Bloom, Bonilla, Bonta, Brown, Burke, Calderon, Campos, Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Daly, Dodd, Eggman, Frazier, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Roger Hernández, Holden, Irwin, Jones-Sawyer, Levine, Lopez, Low, Maienschein, McCarty, Medina, Mullin, Nazarian, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone, Ting, Weber, Wilk, Williams, Wood, Atkins

NOES: Achadjian, Travis Allen, Baker, Bigelow, Chang, Chávez, Dahle, Beth Gaines, Gallagher, Grove, Hadley, Harper, Kim, Lackey, Mathis, Mayes, Melendez, Obernolte, Olsen, Patterson, Steinorth, Wagner, Waldron

NO VOTE RECORDED: Brough, Jones, Linder, O'Donnell, Perea, Quirk, Thurmond

Prepared by: Eric Thronson / T. & H. / (916) 651-4121

9/4/15 13:47:42

**** END ****

 THIRD READING  

Bill No: AB 662

Author: Bonilla (D)

Amended: 8/31/15 in Senate

Vote: 21

SENATE TRANS. & HOUSING COMMITTEE: 9-2, 6/30/15

AYES: Beall, Cannella, Allen, Galgiani, Leyva, McGuire, Mendoza, Roth, Wieckowski

NOES: Bates, Gaines

SENATE APPROPRIATIONS COMMITTEE: 5-2, 8/27/15

AYES: Lara, Beall, Hill, Leyva, Mendoza

NOES: Bates, Nielsen

ASSEMBLY FLOOR: 50-23, 6/3/15 - See last page for vote

SUBJECT: Public accommodation: disabled adults: changing facilities

SOURCE: Author

DIGEST: This bill requires anyone who owns or manages a commercial place of public amusement to install and maintain at least one adult changing station for persons with a physical disability that is accessible to both men and women.

ANALYSIS:

Existing law:

1. Establishes the California Building Standards Commission (CBSC) within the Department of General Services, and requires any building standards adopted or proposed by state agencies to be submitted to, and approved by, the CBSC prior to codification into the California Building Code (CBC).

2. Requires the CBSC to adopt, approve, codify, and publish building standards providing the minimum standards for the design and construction of state buildings, including buildings constructed by the Trustees of the California State University and, to the extent permitted by law, to buildings designed and constructed by the Regents of the University of California.

3. Requires the State Fire Marshal to develop building standards to implement the state’s fire and life safety policy, and transfers any responsibilities of the State Fire Marshal to adopt building standards through a formal rulemaking process to the CBSC.

4. Grants the State Architect jurisdiction over access compliance requirements for all buildings in California (including schools) that are publicly funded in whole or in part by the use of state funds.

5. Requires any person or firm who owns or manages places of public amusement, such as theaters, concert halls, and stadiums, to provide seating or accommodations for physically disabled persons.

This bill:

1. Requires anyone who owns or manages a commercial place of public amusement to install and maintain at least one adult changing station for persons with a physical disability that is accessible to both men and women.

2. Specifies that this applies to all new construction after January 1, 2020, and all existing construction after 2025.

3. Defines a “commercial place of public amusement” as any of the following with a maximum occupancy of 2,500 or more:

1. Auditorium

2. Convention center

3. Cultural complex

4. Exhibition hall

5. Permanent amusement park structure

6. Sports arena

7. Theater or movie house

8. Not any public higher education facility

4. Defines “adult changing station” as an adult changing table placed within an enclosed restroom facility that is for use by persons with physical disabilities who need help with diapering.

Background

The idea for this bill originated from Alisa Rosillo, a Concord resident and mother of two teenage wheelchair-bound boys. Because her young adult children require diaper changing, she is forced to limit her excursions to less than four hours or be forced to change them on the floor. The Americans with Disabilities Act does not require this type of facility, but it is estimated that over 53,000 disabled persons could benefit from adult diaper-changing facilities. Persons with disabilities are engaging in more activities as they integrate into social activities like attending sporting events and concerts. In order for them to attend these functions, proper restroom accommodations are necessary for their health and safety.

Currently, special education departments in California school districts provide for restroom accommodations including a changing table and a lift so students with disabilities can comfortably and safely attend to their needs. When examining the private sector, Disneyland and the Disney California Adventure Park offer adult diaper changing facilities that are reportedly used dozens of times daily without incident. It is unclear how many facilities would be impacted by this bill; however, the delay in implementation is designed to provide ample time for compliance with this requirement.

Rehabmart, a retailer of durable medical goods, has an assortment of adult changing tables that range in price from $1,800 to $5,000.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Senate Appropriations Committee, this bill is likely to incur:

• One-time costs to the Division of the State Architect (DSA) in the range of $150,000 to $170,000 to develop regulations specifying the requirements for installation of an adult changing station and carry the regulations through the adoption process. (Disability Access Account)
  
  

• Minor and absorbable costs to the CBSC to consider and adopt the DSA regulations. (CBSC Service Revolving Fund)

SUPPORT: (Verified 8/28/15)

AARP

Alameda County Developmental Disabilities Council

California Association of Public Authorities for IHSS

California Disability Services Association

Californians for Disability Rights

Contra Costa County

Contra Costa Developmental Disabilities Council

Disability Rights California

East Bay Developmental Disabilities Legislative Coalition

Futures Explored

Meals on Wheels and Senior Outreach Services

National Association of Social Workers, California Chapter

North Los Angeles County Regional Center

Regional Center of the East Bay

Rehabilitation Services of Northern California

The Arc and United Cerebral Palsy California Collaboration

OPPOSITION: (Verified 8/28/15)

Building Owners and Managers Association of California

California Attractions and Parks Association

California Building Industry Association

California Business Properties Association

California Chamber of Commerce

California Restaurant Association

California Travel Association

International Council of Shopping Centers

National Association of Industrial and Office Properties

National Federation of Independent Business

ARGUMENTS IN SUPPORT: This bill aims to improve access for adults with physical disabilities that need an adequate facility to assist with the changing of diapers. As the number of persons with disabilities continues to grow, the need for access to adult changing stations will be more apparent. According to the author, “By expanding public restroom accommodations in large occupancy buildings such as auditoriums, convention centers, exhibition halls, sports arenas, and theaters, we are ensuring that individuals with physical disabilities and their families are given the dignity and basic human right to maintain their health.”

ARGUMENTS IN OPPOSITION: According to the opposition, this bill undermines and circumvents the longstanding building code process. The opposition suggests that it is uncommon and unusual to place building code in statute. It should be noted that, while it may be imperfect policy practice to put building codes in statute because codes should be able to adapt to changing times and technologies, it is far from uncommon or unusual for the Legislature to propose to do so.

The opponents also argue that this bill unjustifiably exempts the state from having to provide the disabled access as mandated by the bill. According to the opponents’ letter, public facilities have traditionally led the way in terms of providing public access for the disabled, and they question the precedent of the state exempting itself from what are proposed disabled access provisions of state law. It is unclear, however, what merit there is to this argument. There are few publicly owned places of amusement as defined by this bill, and the only exempted places are public higher education facilities.

ASSEMBLY FLOOR: 50-23, 6/3/15

AYES: Alejo, Bloom, Bonilla, Bonta, Brown, Burke, Calderon, Campos, Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Daly, Dodd, Eggman, Frazier, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Roger Hernández, Holden, Irwin, Jones-Sawyer, Levine, Lopez, Low, Maienschein, McCarty, Medina, Mullin, Nazarian, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone, Ting, Weber, Wilk, Williams, Wood, Atkins

NOES: Achadjian, Travis Allen, Baker, Bigelow, Chang, Chávez, Dahle, Beth Gaines, Gallagher, Grove, Hadley, Harper, Kim, Lackey, Mathis, Mayes, Melendez, Obernolte, Olsen, Patterson, Steinorth, Wagner, Waldron

NO VOTE RECORDED: Brough, Jones, Linder, O'Donnell, Perea, Quirk, Thurmond

Prepared by: Eric Thronson / T. & H. / (916) 651-4121

8/31/15 18:08:14

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

AB 662 (Bonilla) - Public accommodation: disabled adults: changing facilities.

*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********

The following information is revised to reflect amendments

adopted by the committee on August 27, 2015

Bill Summary:

AB 662, as amended, would require a commercial place of amusement with a capacity of 2,500 or more persons that is constructed after January 1, 2020 to have at least one adult changing station for persons with specified physical disabilities. Existing facilities that are renovated on or after January 1, 2025 would be required to install an adult changing station if the renovations cost at least $10,000 or require a permit.

Fiscal Impact:

• One-time costs to the Division of the State Architect (DSA) in the range of $150,000 to $175,000 to develop regulations specifying the requirements for installation of an adult changing station and carry the regulations through the adoption process. (Disability Access Account)
  
  

• Minor and absorbable costs to the Building Standards Commission (BSC) to consider and adopt the DSA regulations. (BSC Service Revolving Fund)

Author Amendments:

• Specify that the owner or manager of a commercial place of public amusement must install and maintain an adult changing station if either of the following occurs:

  • The commercial place of public amusement is newly constructed after January 1, 2020.

  • An existing commercial place of public amusement is renovated after January 1, 2025 if the renovation requires a permit or the renovations cost at least $10,000.

• Deem a commercial place of public amusement to be in compliance if it has an enclosed restroom or similar private facility with an adult changing table in use before January 1, 2025.

• Revise the applicability of the bill to commercial places of public amusement that have a maximum occupancy of 2,500 persons or more, rather than 1,000 or more.

-- END --

SENATE COMMITTEE ON APPROPRIATIONS

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

AB 662 (Bonilla) - Public accommodation: disabled adults: changing facilities

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

AB 662 would require a commercial place of amusement with a capacity of 1,000 or more persons to have at least one adult changing station for persons with specified physical disabilities by January 1, 2020. Existing facilities that are renovated would be required to install an adult changing station by January 1, 2025, if the renovations cost at least $10,000 or require a permit.

Fiscal Impact:

• One-time costs to the Division of the State Architect (DSA) in the range of $150,000 to $170,000 to develop regulations specifying the requirements for installation of an adult changing station and carry the regulations through the adoption process. (Disability Access Account)
  
  

• Minor and absorbable costs to the Building Standards Commission (BSC) to consider and adopt the DSA regulations. (BSC Service Revolving Fund)

Background:

Existing law directs the State Architect to develop and submit proposed regulations and building standards to the California Building Standards Commission for approval and adoption for the purpose of making public buildings, public accommodations, commercial buildings, public housing, and related facilities accessible to and usable by persons with disabilities. Upon adoption, BSC publishes the building standards in triennial updates to the California Building Standards Code.

Existing law requires any person or firm who owns or manages places of public amusement, such as theaters, concert halls, and stadiums, to provide seating or accommodations for physically disabled persons.

Proposed Law:

AB 662 would require a person, private firm, organization, or corporation that owns or manages a new commercial place of public amusement to install and maintain at least one adult changing station for persons with a physical disability by January 1, 2020. Existing facilities that are renovated must comply with this requirement if the renovation requires a permit or the renovations cost at least $10,000. A facility must ensure that the entrance to each adult changing station has conspicuous signage and any central directory of a facility must indicate the location of the changing station.

An adult changing station is defined as an adult changing table located within an enclosed restroom facility, or other similar private facility, that is for use by persons with specified physical disabilities who need help with diapering. A commercial place of public amusement is defined as an auditorium, convention center, cultural complex, exhibition hall, permanent amusement park structure, sports arena, or theater or movie house that has a maximum occupancy of 1,000 or more people, explicitly excluding public higher education facilities.

Related Legislation:

SB 1350 (Lara), which was vetoed by Governor Brown last year, would have directed the BSC to require baby-changing stations installed in new or newly renovated restrooms in a place of public accommodation to be equally available, regardless of gender.

SB 1358 (Wolk), which was vetoed by Governor Brown last year, would have required buildings owned by state or local governments, as well as other private buildings open to the public, to maintain at least one safe, sanitary, and convenient baby diaper changing station that is accessible to both women and men.

The Governor’s veto message for both bills stated the following:

At a time when so many have raised concerns about the number of regulations in California, I believe it would be more prudent to leave the matter of diaper changing stations to the private sector. Already, many businesses have taken steps to accommodate their customers in this regard. This may be a good business practice, but not one that I am inclined to legislate.

Staff Comments:

This bill is intended to improve access to public amusement spaces for adults with physical disabilities that require adequate facilities for diapering needs. Currently, special education departments in California school districts provide for restroom accommodations including a changing table and a lift so students with disabilities can comfortably and safely attend to their needs. In addition, some public amusements spaces, such as Disneyland and Disneyland California Adventure Park offer adult diaper changing facilities, and some provide accommodations within a first aid station, but many others do not offer adult changing facilities to disabled guests.

A review of durable medical goods retailers indicates that adult changing tables range in price from $1,800 to $5,000 for necessary materials, but this does not include labor costs or construction costs that may be required to ensure adequate space for installation. The timelines in the bill are intended to provide adequate flexibility to allow sufficient time for affected owners and managers of commercial amusement spaces to plan for compliance with the requirements.

-- END --

SENATE COMMITTEE ON TRANSPORTATION AND HOUSING

Senator Jim Beall, Chair

2015 - 2016 Regular

Bill No: AB 662 Hearing Date: 6/30/2015

SUBJECT: Public accommodation: disabled adults: changing facilities

DIGEST: This bill requires the State Architect, California Building Standards Commission (CBSC), or other appropriate state regulatory entity to adopt regulations requiring a commercial place of amusement to install and maintain at least one adult changing station for persons with a physical disability.

ANALYSIS:

Existing law:

1. Establishes the CBSC within the Department of General Services, and requires any building standards adopted or proposed by state agencies to be submitted to, and approved by, the CBSC prior to codification into the California Standards Code (CBC).

2. Requires the CSBC to adopt, approve, codify, and publish building standards providing the minimum standards for the design and construction of state buildings, including buildings constructed by the Trustees of the California State University and, to the extent permitted by law, to buildings designed and constructed by the Regents of the University of California.

3. Requires the State Fire Marshal to develop building standards to implement the state’s fire and life safety policy, and transfers any responsibilities of the State Fire Marshal to adopt building standards through a formal rulemaking process to the CBSC.

4. Grants the State Architect jurisdiction over access compliance requirements for all buildings in California (including schools) that are publicly funded in whole or in part by the use of state funds.

5. Requires any person or firm who owns or manages places of public amusement, such as theaters, concert halls, and stadiums, to provide seating or accommodations for physically disabled persons.

This bill:

1. Requires the State Architect, CBSC, or other appropriate state regulatory entity to adopt regulations, by January 1, 2020, requiring a commercial place of amusement to install and maintain at least one adult changing station for persons with a physical disability that is accessible to both men and women.

2. Specifies that the regulations must contain the following requirements:

1. That the entrance to the station must have conspicuous signage indicating its location.

2. That any central directory indicates the location of the station.

3. For any new construction after January 1, 2020.

4. For a renovation of a restroom after January 1, 2029, if it requires a permit or if the estimated cost is $10,000 or more.

3. Defines a “commercial place of public amusement” as any of the following:

1. Auditorium

2. Convention center

3. Cultural complex

4. Exhibition hall

5. Permanent amusement park structure

6. Sports arena

7. Theater or movie house with a minimum occupancy of 1,000 people

8. Not any public higher education facility

4. Defines “adult changing station” as an adult changing table placed within an enclosed restroom facility that is for use by persons with physical disabilities who need help with diapering.

COMMENTS:

Purpose of the bill. This bill aims to improve access for adults with physical disabilities that need an adequate facility to assist with the changing of diapers. As the number of persons with disabilities continues to grow, the need for access to adult changing stations will be more apparent. According to the author, “By expanding public restroom accommodations in large occupancy buildings such as auditoriums, convention centers, exhibition halls, sports arenas, and theaters, we are ensuring that individuals with physical disabilities and their families are given the dignity and basic human right to maintain their health.”

Background. The idea for this bill originated from Alisa Rosillo, a Concord resident and mother of two teenage wheelchair-bound boys. Because her young adult children require diaper changing, she is forced to limit her excursions to less than four hours or be forced to change them on the floor. The ADA does not require this type of facility, but it is estimated that over 53,000 disabled persons could benefit from adult diaper changing facilities. Persons with disabilities are engaging in more activities as they integrate into social activities like attending sporting events and concerts. In order for them to attend these functions, proper restroom accommodations are necessary for their health and safety.

Currently, special education departments in California school districts provide for restroom accommodations including a changing table and a lift so students with disabilities can comfortably and safely attend to their needs. When examining the private sector, Disneyland and the Disney California Adventure Park offer adult diaper changing facilities that are reportedly used dozens of times daily without incident. It is unclear how many facilities would be impacted by this bill; however, the delay in implementation is designed to provide ample time for compliance with this requirement.

Rehabmart, a retailer of durable medical goods, has an assortment of adult changing tables that range in price from $1,800 to $5,000.

California Building Standards. The California Building Standards Law established the CBSC and the process for adopting state building codes. Under this process, relevant state agencies propose amendments to model building codes, which the CBSC must then adopt, modify, or reject. For example, the Division of the State Architect is responsible for public schools, community colleges, and accessibility in public accommodations and public housing. The Office of the State Fire Marshal is responsible for fire safety for hotels, apartments, dwellings, and assembly and high-rise buildings. The Department of Housing and Community Development is the relevant state agency for residential building codes, and the Office of Statewide Health Planning and Development is the relevant state agency for hospitals and clinics. Not all buildings fall under the jurisdiction of a relevant state agency. Most commercial, industrial, and manufacturing structures are considered “local buildings,” over which local governments may determine applicable building standards. The CBSC is responsible for developing building standards for state-owned buildings, including university and state college buildings, and for developing green building standards for most buildings except for housing, public schools, and hospitals.

Every three years, the CBSC adopts a new version of the CBC, known as the triennial update. The building codes apply to all building occupancies and related features and equipment throughout the state, and set requirements for structural, mechanical, electrical, and plumbing systems, and require measures for energy conservation, green design, construction and maintenance, fire and life safety, and accessibility.

Given the limits of the existing process, it is unclear how this bill, as written, could be implemented. According to the administration, neither the State Architect nor any other state regulatory entity adopts regulations such as those proposed in this bill that require commercial buildings to install and maintain changing facilities. The committee and author may wish to amend the bill to, instead of require regulations, simply require these adult changing stations in commercial amusement places by some future date.

Opposition. According to the opposition, this bill undermines and circumvents the longstanding building code process. The opposition suggests that it is uncommon and unusual to place building code in statute. To address this, the bill could be amended to direct the State Architect to investigate the need for a change such as this to the existing building standards code. It should be noted that, while it may be imperfect policy practice to put building codes in statute because codes should be able to adapt to changing times and technologies, it is far from uncommon or unusual for the Legislature to propose to do so.

The opponents also argue that this bill unjustifiably exempts the state from having to provide the disabled access as mandated by the bill. According to the opponents’ letter, public facilities have traditionally led the way in terms of providing public access for the disabled, and they question the precedent of the state exempting itself from what are proposed disabled access provisions of state law. It is unclear, however, what merit there is to this argument. There are few publicly owned places of amusement as defined by this bill, and the only exempted places are public higher education facilities.

Technical amendments.

• Page 2, line 6, after “of” add “public”

• Page 2, strike lines 28 through 31 and add “(1) For purposes of this section, “Commercial place of public amusement” means any of the following facilities that has a maximum occupancy of at least 1,000 people: auditorium, convention center, cultural complex, exhibition hall, permanent amusement park structure, sports arena, or theater or movie house.”

Related Legislation:

SB 1350 (Lara, 2014) — would have directed the CBSC to require that, if a baby-changing station is installed in a new or newly renovated restroom in a place of public accommodation, the state be equally available regardless of gender. This bill was vetoed by Governor Brown.

SB 1358 (Wolk, 2014) — would have required buildings owned by state or local governments, as well as other private buildings open to the public, to maintain at least one safe, sanitary, and convenient baby diaper changing station that is accessible to women and men. This bill was vetoed by Governor Brown.

Assembly Votes:

Floor: 50-23

Appr: 12-4

B&P: 11-0

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

POSITIONS: (Communicated to the committee before noon on Wednesday,

June 24, 2015.)

SUPPORT:

AARP

Alameda County Developmental Disabilities Council

California Association of Public Authorities for IHSS

California Disability Services Association

Californians for Disability Rights

Contra Costa Developmental Disabilities Council

Disability Rights California

East Bay Developmental Disabilities Legislative Coalition

Futures Explored

Meals on Wheels and Senior Outreach Services

National Association of Social Workers, California Chapter

North Los Angeles County Regional Center

Regional Center of the East Bay

Rehabilitation Services of Northern California

The Arc and United Cerebral Palsy California Collaboration

OPPOSITION:

Building Owners and Managers Association of California

California Attractions and Parks Association

California Building Industry Association

California Business Properties Association

California Chamber of Commerce

California Restaurant Association

California Travel Association

International Council of Shopping Centers

National Association of Industrial and Office Properties

National Federation of Independent Business

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 662

Author:(Bonilla)

As Amended Ver: June 1, 2015

Majority vote

SUMMARY: Requires the Division of the State Architect (DSA), the California Building Standards Commission (CBSC), or other appropriate state regulatory entity, by January 1, 2020, to adopt regulations requiring a commercial place of public amusement, that is constructed on or after January 1, 2020, or that renovates a bathroom on or after January 1, 2029, to install and maintain at least one adult changing station for a person with a physical disability and makes conforming changes. Specifically, this bill:

1. Requires the DSA, the CBSC, or other appropriate state regulatory entity, by January 1, 2020, to adopt regulations requiring a commercial place of amusement to install and maintain at least one adult changing station for persons with a physical disability that is accessible to both men and women when the facility is open to the public.

2. Requires the regulations adopted to include:

   1. A separate requirement for:

      1. New construction occurring on or after January 1, 2020; and,

      2. Renovations occurring on or after January 1, 2029, if the renovation requires a permit or if the estimated cost of the renovation is $10,000 or more;

   2. A requirement that the entrance to each station has conspicuous signage indicating the location of the station; and,

   3. A requirement that, if there is a central directory, the central directory indicate the location of the adult changing station.

3. States that the appropriate state regulatory entity may modify the regulations adopted to conform to existing laws, regulations, and ordinances.

4. Defines "commercial place of public amusement" as an auditorium, convention center, cultural complex, exhibition hall, permanent amusement park structure, sports arena, or theater or movie house that has a minimum occupancy of 1,000 people. The definition excludes any public higher education facility.

5. Defines "adult changing station" as an adult changing table placed within an enclosed restroom facility that is for use by persons with physical disabilities who need help with diapering.

6. Defines "physical disability" as a mental or physical disability, as described in Government Code Section 12926.

FISCAL EFFECT: According to the Assembly Appropriations Committee, one-time special fund cost to DSA of $150,000 to $175,000 in 2017-18 to research and develop the regulations through the adoption process. [Disability Access Account]

COMMENTS:

Purpose. This bill is sponsored by Futures Explored, Inc. According to the author, "By expanding public restroom accommodations in large occupancy buildings such as auditoriums, convention centers, exhibition halls, sports arenas, and theaters we are ensuring that individuals with physical disabilities and their families are given the dignity and basic human right to maintain their health."

Background. This bill aims to improve access for adults with physical disabilities that need an adequate facility to assist with the changing of diapers. In order for people with disabilities to attend sporting events and amusement parks, proper restroom accommodations are necessary for their health and safety. A 2014 Department of Developmental Services report on consumer characteristics found that about 53,000 disabled persons could benefit from adult diaper changing station.

This bill was amended in the Assembly Business and Professions Committee to ensure that the proper state agency will address the specifics of the requirements.

Arguments in Support:

Futures Explored, Inc. (sponsor), California Disability Services Association, , California Association of Public Authorities, Californians for Disability Rights, Inc., Disability Rights California, the East Bay Developmental Disabilities Legislative Coalition, and Alameda County Developmental Disabilities Planning and Advisory Council write in support, "The inclusion of people with disabilities in our community and their participation in activities such as sporting events, concerts, and other forms of entertainment enhances their quality of life. However, participation in these activities may require adequate restroom accommodations."

Arguments in Opposition:

California Travel Association writes a letter in opposition, and is "concerned with any potential litigation that may result from these adult changing stations."

Analysis Prepared by: Vincent Chee / B. & P. / (916) 319-3301 FN: 0000804

Date of Hearing: May 6, 2015

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Jimmy Gomez, Chair

ABPCA Bill Id:AB 662

Author:(Bonilla) – As Amended Ver:April 28, 2015

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill requires the adoption of building standards regarding the provision of adult changing stations within commercial places of public amusement, as defined. Specifically, this bill:

1. Requires the Division of the State Architect (DSA), the State Building Standards Commission (BSC), or other appropriate state entity, by January 1, 2020, to adopt regulations requiring a commercial place of public amusement to install at least one adult changing station—an adult changing table within an enclosed restroom for use by individuals with physical disabilities who need assistance with diapering.

2. Makes the regulations applicable to new construction after January 1, 2020, and to renovation of existing restrooms costing over $10,000, after January 1, 2029.

3. Defines commercial place of public amusement as an auditorium, convention center, cultural complex, exhibition hall, permanent amusement park structure, sport arena, theater or movie house with capacity has an occupancy of at least 1,000 people.

FISCAL EFFECT:

One-time special fund cost to DSA of $150,000 to $175,000 in 2017-18 to research and develop the regulations through the adoption process. [Disability Access Account]

COMMENTS:

Purpose. The idea for this bill originated from Alisa Rosillo, a Concord resident and mother of two teenage wheelchair-bound boys. Because her young adults require diaper changing, she is forced to limit her excursions to less than four hours or be forced to change them on the floor. The ADA does not require this type of facility, but it is estimated that over 53,000 disabled persons could benefit from adult diaper changing facilities.

Special education departments in school districts provide for restroom accommodations, including a changing table and a lift, so students with disabilities can comfortably and safely attend to their needs. Disneyland and the Disney California Adventure Park offer adult diaper changing facilities that are reportedly used dozens of times daily without incident. It is unclear how many facilities would be impacted by this bill, however, the long delay in implementation is intended to provide ample time for impacted building owners to comply.

Analysis Prepared by: Chuck Nicol / APPR. / (916) 319-2081

Date of Hearing: April 21, 2015

ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS

Susan Bonilla, Chair

ABPCA Bill Id:AB 662

Author:(Bonilla) – As Amended Ver:April 14, 2015

SUBJECT: Public accommodation: disabled adults: changing facilities.

SUMMARY: Requires a commercial place of public amusement that is required to provide over 13 water closets, to meet public health and safety requirements to install and maintain at least one adult changing station, for persons with disabilities, accessible to men and women, to assist in the changing of diapers.

EXISTING LAW:

1. Requires that public facilities have a particular number of water closets based on total occupancy using a formula listed in the Plumbing Code based on the number of male and female occupants. (Title 24, California Code of Regulations (CCR) Section 422.1)

2. Specifies that theaters, concert halls, and auditoriums with fixed seating and sporting facilities with spectator seating and amusement parks, grandstands, and stadiums, are required to have three (3) water closets for male occupants up to 400 and eight (8) water closets for female occupants up to 400 and also requires one additional toilet for every 500 men and for every 125 women beyond 400. (24 CCR Section 422.1)

THIS BILL:

1. Requires a commercial place of public amusement that is required to provide more than 13 water closets, based on its total occupancy, to install and maintain an adult changing station accessible to both men and women when the facility is open to the public.

2. Requires each station to include signage at or near the entrance to the station indicating the location of the adult changing station and requires a central directory, if the facility has one, to indicate the location of the adult changing station.

3. Applies to new construction on or after January 1, 2020, and to all renovations of bathrooms on or after January 1, 2029, if a permit has been obtained or the estimated cost of the renovation is ten thousand dollars ($10,000) or more.

4. Defines a "commercial place of amusement" to include an auditorium, convention center, cultural complex, exhibition hall, permanent amusement park, sports arena, or theater or movie house.

5. Defines an "adult changing station" to mean an adult changing table placed within an enclosed restroom facility.

6. Defines a "physical disability" to mean a mental or physical disability, as specified.

7. Requires that any party out of compliance, as specified, be afforded a reasonable time to cure the deficiency prior to a court imposing a sanction.

8. Makes other non-substantive changes.

FISCAL EFFECT: Unknown. This bill is keyed fiscal by the Legislative Counsel.

COMMENTS:

1. Purpose. This bill is sponsored by Futures Explored, Inc. According to the author, "By expanding public restroom accommodations in large occupancy buildings such as auditoriums, convention centers, exhibition halls, sports arenas, and theaters we are ensuring that individuals with physical disabilities and their families are given the dignity and basic human right to maintain their health."

2. Background. The idea for this bill originated from Alisa Rosillo, a Concord resident and mother of two teenage wheelchair-bound boys. Because her young adults require diaper changing, she is forced to limit her excursions to less than four hours or be forced to change them on the floor. The ADA does not require this type of facility, but it is estimated that over 53,000 disabled persons could benefit from adult diaper changing facilities. This bill aims to improve access for adults with physical disabilities that need an adequate facility to assist with the changing of diapers. As the number of persons with disabilities continues to grow, the need for access to adult changing stations will be more apparent. Persons with disabilities are engaging in more activities as they integrate into social activities like attending sporting events and concerts. In order for them to attend these functions, proper restroom accommodations are necessary for their health and safety.

Currently, special education departments in California school districts provide for restroom accommodations including a changing table and a lift so students with disabilities can comfortably and safely attend to their needs. When examining the public sector, Disneyland and the Disney California Adventure Park offer adult diaper changing facilities that are reportedly used dozens of times daily without incident. It is unclear how many facilities would be impacted by this bill, however, the delay in implementation is designed to provide ample time for compliance with this requirement.

Rehabmart, a retailer of durable medical goods, has an assortment of adult changing tables that range in price from $1,800 to $5000.

Policies in the United Kingdom. The United Kingdom is on the forefront of providing widespread access to adult changing facilities that include an adjustable adult changing table and a hoist. Presently, 744 adult changing stations have been installed that serve a potential population of over 250,000 disabled persons.

Other States. In May 2014, similar legislation was introduced in Ohio as SB 343 (Beagle, Jones, Schiavoni), but did not pass out of committee. It mandated that a building used for assembly purposes have at least one adult changing station and set particular standards for weight, dimensions, and a requirement that the table be wall-mounted.

California Building Standards Commission. Established in 1953 by the California Building Standards Law, the California Building Standards Commission (BSC) is a commission within the Department of General Services under the Government Operations Agency. California is a leader in the regulation of its building industry, particularly in the areas of handicap accessibility and energy conservation. However, the current regulatory process is much more complex than in past years. Controversial and complex building standards and new emerging model codes and national standards present a challenge to the BSC in determining if such codes and standards are in the public interest. If the BSC were to approve and publish standards that were not in the public interest, it would cause confusion, create problems, and place an unreasonable burden on the public and the building industry. As a result, the BSC undertakes a comprehensive rule-making process followed by an Administrative Procedure Act process before incorporating new requirements or amendments to the California Building Standards Code (Building Code). The process is initiated when Legislature grants authority to State Agency to propose a new building standard. The BSC uses specialized committees, public comments, public hearings, and expert input before reaching a decision about a proposed change to the Building Code. While there is no specified timeframe for this process, it typically takes approximately eighteen months for a new proposal to be added to the Building Code.

3. Prior Related Legislation. SB 1350 (Lara) of 2014, would have directed the BSC, as part of the next triennial update of the California Building Standards Code adopted after January 1, 2015, to require that, if a baby changing station is installed in a new or newly renovated restroom in a place of public accommodation, the station be equally available regardless of gender. NOTE: This bill was vetoed by Governor Brown. In his veto message he indicated that the bill was unnecessary and could be adequately handled by the private sector.

SB 1358 (Wolk and Lara) of 2014, would have required buildings owned, or partially owned by state or local governments, as well as other private buildings open to the public, as specified, to maintain at least one safe, sanitary, and convenient baby diaper changing station that is accessible to both women and men. NOTE: This bill was vetoed by Governor Brown. In his veto statement he indicated that the bill was unnecessary regulation that could be adequately handled by the private sector.

ARGUMENTS IN SUPPORT:

Futures Explored, Inc. (sponsor), California Disability Services Association, , California Association of Public Authorities, Californians for Disability Rights, Inc., Disability Rights California, The East Bay Developmental Disabilities Legislative Coalition, and Alameda County Developmental Disabilities Planning and Advisory Council all write letters in support of this bill, and state in their letters, "The inclusion of people with disabilities in our community and their participation in activities such as sporting events, concerts, and other forms of entertainment enhances their quality of life. However, participation in these activities may require adequate restroom accommodations."

The Arc and United Cerebral Palsy California Collaboration writes in support and states, "California has a disturbing lack of restroom facilities that are accessible to people with pyshical [sic] disabilities. [This] bill is a reasonable but very significant step toward accommodating these Californians."

ARGUMENTS IN OPPOSITION:

California Chamber of Commerce, Borna California, California Building Industry Association, The California Business Properties Association, The California Restaurant Association, International Council of Shopping Centers, National Association of Industrial and Office Properties, National Federation of Independent Businesses all write a letter in opposition to this bill, and state in their letter, "Among other concerns, this measure would place building code in statute as opposed to directing one or more state agencies to investigate the issue and if deemed appropriate, direct those state agencies to propose and adopt appropriate changes to the California Building Standards Code." As an example, they state "the Division of the State Architect (DSA) should be directed to investigate the need for such a change in California's Disability Accessibility Building Standards. This could be done via California's existing administrative process and DSA could convene a group of stakeholders to provide appropriate input and comment." The opposition is also concerned that the DSA explore the scope of the provisions to include "health and safety issues for not only the disabled individual but the attendant(s) as well." Lastly, the opposition suggests that the "DSA could explore the obvious issues of liability and determine if it is possible to comply with this well intended measure without placing an unacceptable level of legal responsibility on building owners and operators."

California Travel Association writes a letter in opposition, and state that "we feel these issues are better addressed in the regulatory arena (Building Standards Code). We are also concerned with any potential litigation that may result from these adult changing stations."

AMENDMENT:

In order to ensure the proper regulatory entity has the opportunity to adopt and modify regulations for adult changing stations, the author may wish to make the following amendments to the bill:

On page two, strike lines 3-29 inclusive and add the following:

19952.5 (a) By January 1, 2020, the Department of State Architects, the California Building Standards Commission, or the appropriate state regulatory entity shall adopt regulations requiring a commercial place of public amusement to install and maintain at least one adult changing station for persons with a physical disability that is accessible to both men and women when the facility is open to the public.

(b) The regulations adopted pursuant to this section shall, subject to issues discovered during the rulemaking process, contain the following:

(1) An installation and maintenance requirement for:

(A) A new construction occurring on or after January 1, 2020, and

(B) A renovation of a restroom occurring on or after January 1, 2029, if the renovation requires a permit or if the estimated cost of the renovation is ten thousand dollars ($10,000) or more.

(2) A requirement that the entrance to each station has conspicuous signage indicating the location of the station.

(3) A requirement that, if there is a central directory, the central directory shall indicate the location of the adult changing station.

(4) A provision defining “commercial place of public amusement” as an auditorium, convention center, cultural complex, exhibition hall, permanent amusement park structure, sports arena, or theater or movie house that has a minimum occupancy of 1000 people.

(5) A provision defining “adult changing station” or “station” as an adult changing table placed within an enclosed restroom facility that is for use by persons with physical disabilities who need help with diapering.

(6) A provision defining “physical disability” as a mental or physical disability, as described in Section 12926 of the Government Code.

(c) Notwithstanding subsection (b), the appropriate regulatory entity shall have the authority to adopt or modify regulations pursuant to this section to conform to existing laws, regulations, and ordinances.

REGISTERED SUPPORT:

Futures Explored, Inc. (sponsor)

California Disability Services Association

The Arc and United Cerebral Palsy California Collaboration

California Association of Public Authorities

Californians for Disability Rights, Inc.

The East Bay Developmental Disabilities Legislative Coalition

Disability Rights California

Alameda County Developmental Disabilities Planning and Advisory Council

REGISTERED OPPOSITION:

California Chamber of Commerce

Borna California

California Building Industry Association

The California Business Properties Association

The California Restaurant Association

International Council of Shopping Centers

National Association of Industrial and Office Properties

National Federation of Independent Businesses

California Travel Association

Analysis Prepared by: Vincent Chee / B. & P. / (916) 319-3301, Christian Jagusch / B. & P. / (916) 319-3301