(1)Existing law, the California Building Standards Law, establishes the California Building Standards Commission within the Department of General Services. Existing law requires the commission to approve and adopt building standards and to codify those standards in the California Building Standards Code. Existing law requires the commission to publish the code every 3 years, and, in intervening periods, supplements, as necessary.

This bill bill, to be known as the Neighborhood Restaurant Relief Act, would require the commission, as part of the next triennial update of the California Building Standards Code that occurs on or after January 1, 2025, to adopt specified building standards for business establishments, including, among other things, standards authorizing (A) a business establishment that is takeout only to operate without providing customer restrooms; (B) a business establishment with a maximum occupancy of 100 occupants to operate without drinking fountains; and (C) a business establishment to operate cooking equipment, for the purpose of baking, that does not produce cooking odors, smoke, grease, or vapor without installing a Type 1 hood, as described in specified regulations, over the cooking equipment.

(2)Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for retail food facilities. Under existing law, local health agencies are primarily responsible for enforcing these standards. Under existing law, a person who violates any provision of the California Retail Food Code is guilty of a misdemeanor, except as otherwise provided.

Existing law prohibits a food facility from locating a grease trap or grease interceptor in a food handling area, unless approved by an enforcement agency. Existing law exempts from the prohibition a food facility with an approved grease trap or grease interceptor that was in operation before the effective date of the code.

This bill would instead prohibit a food facility from locating a grease trap or grease interceptor in a food preparation area. The bill would additionally exempt an aboveground grease trap installed under a 3-compartment sink, as specified, from this prohibition.

Existing law limits the size of a passthrough window service opening to 216 square inches. Existing law authorizes a passthrough window of up to 432 square inches if equipped with an air curtain device.

This bill would authorize a passthrough window service opening that is larger than 432 square inches if equipped with both a self-closing device and an air curtain device.

Existing law requires a food facilitys walls and ceilings to be durable, smooth, nonabsorbent, and easily cleanable. Existing law exempts from this requirement walls and ceilings of bar areas in which alcoholic beverages are sold or served directly to the consumers, except wall areas adjacent to bar sinks and areas where food is prepared, among other things. Existing law also exempts from this requirement restrooms that are used exclusively by the consumers, except that the walls and ceilings in the restrooms shall be of a nonabsorbent and washable surface.

This bill would instead exempt walls and ceilings of bar areas in which beverages are sold, served, or dispensed directly to the consumers. The bill would also instead exempt restrooms that are used exclusively by employees or consumers.

Existing law requires temporary food facilities to be equipped with overhead protection for all food preparation, food storage, and warewashing areas. Existing law requires overhead protection to be made of wood, canvas, or other materials that protect the facility from precipitation, dust, bird and insect droppings, and other contaminants. Existing law exempts from these requirements a temporary food facility that is approved for limited food preparation if flying insects, vermin, birds, and other pests are absent due to the location of the facility or other limiting conditions.

This bill would additionally exempt a temporary food facility that is approved for limited food preparation from these requirements if environmental factors that could contaminate the food are absent due to the location of the facility or other limiting conditions.

By revising the standards that must be enforced by local health agencies and by expanding the scope of existing crimes, the bill would impose a state-mandated local program.

(3)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.

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

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.

(1)Existing law, the California Building Standards Law, establishes the California Building Standards Commission within the Department of General Services. Existing law requires the commission to approve and adopt building standards and to codify those standards in the California Building Standards Code. Existing law requires the commission to publish the code every 3 years, and, in intervening periods, supplements, as necessary.

This bill would require the commission, as part of the next triennial update of the California Building Standards Code that occurs on or after January 1, 2025, to adopt specified building standards for business establishments, including, among other things, standards authorizing (A) a business establishment with less than 150 square feet of seating area or that is takeout only to operate without providing customer restrooms; (B) a business establishment with a maximum occupancy of 100 occupants to operate without drinking fountains; and (C) a business establishment to operate cooking equipment, for the purpose of baking, that does not produce cooking odors, smoke, grease, or vapor without installing a Type 1 hood, as described in specified regulations, over the cooking equipment.

(2)Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for retail food facilities. Under existing law, local health agencies are primarily responsible for enforcing these standards. Under existing law, a person who violates any provision of the California Retail Food Code is guilty of a misdemeanor, except as otherwise provided.

Existing law prohibits a food facility from locating a grease trap or grease interceptor in a food handling area, unless approved by an enforcement agency. Existing law exempts from the prohibition a food facility with an approved grease trap or grease interceptor that was in operation before the effective date of the code.

This bill would instead prohibit a food facility from locating a grease trap or grease interceptor in a food preparation area. The bill would additionally exempt an aboveground grease trap installed under a 3-compartment sink sink, as specified, from this prohibition.

Existing law limits the size of a passthrough window service opening to 216 square inches. Existing law authorizes a passthrough window of up to 432 square inches if equipped with an air curtain device.

This bill would increase the size of authorize a passthrough window service opening to opening that is larger than 432 square inches and make a conforming change. if equipped with both a self-closing device and an air curtain device.

Existing law requires a food facilitys walls and ceilings to be durable, smooth, nonabsorbent, and easily cleanable. Existing law exempts from this requirement walls and ceilings of bar areas in which alcoholic beverages are sold or served directly to the consumers, except wall areas adjacent to bar sinks and areas where food is prepared, among other things. Existing law also exempts from this requirement restrooms that are used exclusively by the consumers, except that the walls and ceilings in the restrooms shall be of a nonabsorbent and washable surface.

This bill would instead exempt walls and ceilings of any bar areas in which beverages are prepared, or sold or served sold, served, or dispensed directly to the consumers, except wall areas adjacent to sinks and areas where food is prepared. consumers. The bill would also instead exempt restrooms that are used exclusively by employees or consumers, except that the walls and ceilings in the restrooms shall be of washable surface. consumers.

Existing law requires temporary food facilities to be equipped with overhead protection for all food preparation, food storage, and warewashing areas. Existing law requires overhead protection to be made of wood, canvas, or other materials that protect the facility from precipitation, dust, bird and insect droppings, and other contaminants. Existing law exempts from these requirements a temporary food facility that is approved for limited food preparation if flying insects, vermin, birds, and other pests are absent due to the location of the facility or other limiting conditions.

This bill would additionally exempt a temporary food facility that is approved for limited food preparation from these requirements if environmental factors that could contaminate the food are absent due to the location of the facility or other limiting conditions.

By revising the standards that must be enforced by local health agencies and by expanding the scope of existing crimes, the bill would impose a state-mandated local program.

(3)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.

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

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.

Existing law, as added by the Substance Abuse and Crime Prevention Act of 2000, adopted by voters as Proposition 36 at the November 7, 2000, statewide general election, requires that persons convicted of certain nonviolent drug possession offenses be granted probation and participate in and complete an appropriate drug treatment program as a condition of that probation.

Existing law, inoperative on July 1, 2013, required the State Department of Alcohol and Drug Programs, now the State Department of Health Care Services, to administer and award grants to counties, based on an approved plan, to supplement funding provided under the above-described act for the purpose of funding substance abuse testing for eligible offenders.

This bill would make technical, nonsubstantive changes to one of those provisions.

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anna Caballero, Chair

2023 - 2024 Regular Session

AB 2550 (Gabriel) - Business establishments: building standards: retail food safety

Bill Summary:

AB 2550 would require the Building Standards Commission (BSC) to adopt building standards to permit restaurants to have more flexibility with building standards, as specified, and would modify existing requirements for retail food facilities.

Fiscal Impact:

• The Department of General Services (DGS) estimates costs of 253,000 per year, for three years, starting in 2025-26 for staffing resources to develop regulations and additional unknown costs for consultant resources (Building Standards Review Service Revolving Fund).
• The California Department of Public Health (CDPH) anticipates minor and absorbable costs.
• Costs to local health agencies for enforcement would be potentially reimbursable by the state, subject to a determination by the Commission on State Mandates.

Background:

The California Building Standards Code is published on a triennial basis in Title 24 of the California Code of Regulations. There are also interim updates at 18 months between triennial cycles. According to the BSC, they are currently in the 2024 cycle of the triennial edition, which will be published as the 2025 edition of Title 24. Amendments to California’s building standards are subject to a lengthy and transparent public participation process throughout each code adoption cycle. Through this process, relevant state agencies propose amendments to building codes, which the BSC must then adopt, modify, or reject. The BSC is the “originating agency,” or the state agency responsible for proposing building standards, for only certain types of building codes, such as “green building standards” for nonresidential buildings, state buildings, and state university buildings. Some building standards are statutorily assigned to other departments, such as the Department of Health Care Access and Information as the responsible state agency for proposing hospital and clinic building standards. Where there is no state agency that is specifically designated as the responsible state agency to make alternative building standards proposals, the BSC adopts national model codes.

Current law establishes the California Retail Food Code (CalCode) to provide for the regulation of retail food facilities. Health and sanitation standards are established at the state level through the CalCode, while enforcement is charged to local agencies, carried out by the 58 county environmental health departments, and four city environmental health departments The CalCode includes some specific building specifications, including types of handwashing requirements, what surfaces are required to be made of, cooking vent hood requirements etc. Current law requires any construction, alteration, remodeling, or operation of a food facility to be approved by the local enforcement agency, and to be in accordance with all applicable local, state, and federal statutes, regulations, and ordinances, including fire, building, and zoning codes.

Proposed Law:

Specific provisions of the bill would:

• Require the BSC, as part of the next triennial update of the California Building Standards Code that occurs on or after January 1, 2025, to adopt building standards that do all of the following:
  • Authorize a business establishment that is takeout only to operate without providing customer restrooms;
  • Authorize a business establishment, regardless of whether the business establishment sells alcohol, with a maximum occupancy of 49 persons, to provide restrooms without urinals;
  • Authorize a business establishment to install up to 1,000 square feet of patio seating without providing additional restrooms;
  • Authorize a business establishment that serves alcohol to satisfy a requirement to provide restrooms by exclusively providing restrooms for use by all genders;
  • Authorize a business establishment with a maximum occupancy of 100 occupants to operate without drinking fountains;
  • Authorize a business establishment to operate cooking equipment, for the purpose of baking, that does not produce cooking odors, smoke, grease, or vapor without installing a Type 1 hood, as defined, over the cooking equipment; and,
  • Authorize a business establishment to operate an under-the-counter dishwasher without installing a mechanical exhaust system over the dishwasher.
• Revise requirements pertaining to grease traps and grease interceptors at retail food facilities, which are currently prohibited from being located in a food or utensil handling area unless specifically approved by enforcement agency, by permitting an aboveground grease trap installed under a three-compartment sink under specified conditions.
• Revise the requirement for “pass-through window service openings” in retail food facilities, which are currently limited to 216 square inches and must be equipped with a self-closing device, or can be up to 432 square inches if equipped with an air curtain device, by allowing a window to be closed when not in use rather than having a self-closing device, and by permitting a pass-through window that is larger than 432 square inches if equipped with both a self-closing device and an air curtain device.
• Revise the list of exemptions from a requirement that the walls and ceilings of all rooms in a retail food facility to be of a durable, smooth, nonabsorbent, and easily cleanable surface, which currently exempts bar areas where alcoholic beverages are sold, to instead apply this exemption to areas where beverages are sold, served, or dispensed.
• Add to the list of exemptions from the requirement that temporary food facilities be equipped with overhead protection for all food preparation, food storage, and warewashing areas, to include an exemption for when environmental factors, such as precipitation and wind that could contaminate the food, are absent due to the location of the facility or other limiting conditions.

-- END --

SENATE COMMITTEE ON HOUSING

Senator Nancy Skinner, Chair

2023 - 2024 Regular

Bill No: AB 2550 Hearing Date: 7/2/2024

SUBJECT: Business establishments: building standards: retail food safety

DIGEST: This bill requires the California Building Standards Commission (CBSC) to adopt building standards to permit restaurants to have more flexibility with restroom and drinking fountain requirements and other buildings standards, and modifies requirements pertaining to grease traps and pass-through windows in restaurants.

ANALYSIS:

Existing law:

1. Defines a “food facility” as an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level. Excludes various entities, as specified.
2. Establishes the California Building Standards Commission (CBSC) within the Department of General Services. Requires the commission to approve and adopt building standards and to codify those standards in the California Building Standards Code.
3. Establishes the California Retail Food Code (CalCode) to provide for the regulation of retail food facilities. Health and sanitation standards are established at the state level through the CalCode, while enforcement is charged to local agencies, carried out by the 58 county environmental health departments, and four city environmental health departments.

1. Requires primary responsibility for the enforcement of the CalCode to be with the local enforcement agency, but provides that nothing prevent the California Department of Public Health (CDPH) from taking any necessary program or enforcement actions for the protection of public health and safety. Requires CDPH to provide technical assistance, training, standardization, program evaluation, and other services to local health agencies as necessary to ensure the uniform interpretation and application of the CalCode, when an appropriation is made for this purpose.
2. Requires any construction, alteration, remodeling, or operation of a food facility to be approved by the local enforcement agency, and to be in accordance with all applicable local, state, and federal statutes, regulations, and ordinances, including fire, building, and zoning codes.
3. Requires food facilities to provide clean toilet rooms in good repair and conveniently located and accessible for use by employees during all hours of operation. Requires the number of toilet facilities to be in accordance with applicable local building and plumbing ordinances.
4. Requires a food facility to provide clean toilet facilities in good repair for guests, consumers, or invitees when there is onsite consumption of food or when the food facility was constructed after July 1, 1984, and has more than 20,000 square feet of floor space. Requires a building with more than 20,000 square feet of floor space to provide at least one separate toilet facility for men and one separate toilet facility for women. Permits any city or county to enact ordinances that are more restrictive than these requirements.
5. Provides that food facilities located within amusement parks, stadiums, arenas, food courts, fairgrounds, and similar premises are not required to provide toilet facilities for employee use within each food facility if approved toilet facilities are located within 200 feet of each food facility and are readily available for use by employees, as specified.

This bill:

1. Enacts the Neighborhood Restaurant Relief Act, which requires the CBSC, as part of the next triennial update of the California Building Standards Code that occurs on or after January 1, 2025, to adopt building standards that do all of the following:
   1. Permit a business establishment that is takeout only to operate without providing customer restrooms;
   2. Permit a business establishment, regardless of whether the business establishment sells alcohol, with a maximum occupancy of 49 persons, to provide restrooms without urinals;
   3. Permit a business establishment to install up to 1,000 square feet of patio seating without providing additional restrooms;
   4. Permit a business establishment that serves alcohol to satisfy a requirement to provide restrooms by exclusively providing restrooms for use by all genders;
   5. Permit a business establishment with a maximum occupancy of 100 occupants to operate without drinking fountains;
   6. Authorize a business establishment to operate cooking equipment, for the purpose of baking, that does not produce cooking odors, smoke, grease, or vapor without installing a Type 1 hood, as defined, over the cooking equipment; and,
   7. Permit a business establishment to operate an under-the-counter dishwasher without installing a mechanical exhaust system over the dishwasher.
2. Revises requirements pertaining to grease traps and grease interceptors at retail food facilities, which are currently prohibited from being located in a food or utensil handling area unless specifically approved by enforcement agency, to instead permit an aboveground grease trap installed under a three-compartment sink under the following conditions:
   1. A structural hardship can be determined preventing the grease trap from being installed in an area not designated for food preparation or storage or a utensil handling area;
   2. The site can provide a cleaning or maintenance plan that indicates how and when this grease trap will be accessed for service to prevent cross contamination of food or food contact surfaces; and,
   3. The site can provide procedures that will be taken to properly clean and sanitize the area following servicing.
3. Revises the requirement for “pass-through window service openings” in retail food facilities, which are currently limited to being no more than 216 square inches and must be equipped with a self-closing device, or can be up to 432 square inches if equipped with an air curtain device, by allowing a window to be closed when not in use rather than having a self-closing device, and by permitting a pass-through window that is larger than 432 square inches if equipped with both a self-closing device and an air curtain device. Permits an enforcement agency to approve alternative pass-through windows or other service openings if the proposed alternative can adequately maintain exclusion of vermin or other means of contamination.
4. Revises the list of exemptions from a requirement that the walls and ceilings of all rooms in a retail food facility to be of a durable, smooth, nonabsorbent, and easily cleanable surface, which currently exempts bar areas where alcoholic beverages are sold, to apply this exemption to areas where beverages are sold, served, or dispensed.
5. Makes other minor, technical changes to provisions of law governing retail food facilities.

COMMENTS:

1. Author’s Statement. “As small restaurants across California struggle to survive, state action is needed to help facilitate more outdoor dining and small business opportunities, in a manner consistent with public health guidance. Neighborhood restaurants are the backbone of communities across California, but too many are barely hanging on by a thread. Supporting their start up efforts and operational needs offers a lifeline that can help keep these establishments afloat, and we must do all we can to assist them during these challenging times. AB 2550 ensures that restaurants are fully supported as they continue to innovate their business practices and safely operate.”
2. Establishing building standards.  The legislature typically offers guidelines, or directs agencies to consider specific standards, in order to provide flexibility.  After the proposal of building standards by state agencies, the standards undergo a public vetting process.  A code advisory committee, composed of experts in a particular scope of code, reviews the proposed standards, followed by public review.  The proposing agency considers feedback and may then amend the standards and re-submit them to the CBSC for consideration.  The codes are updated every three years with an intervening cycle every 18 months.  The next code adoption cycle is currently underway and set to become effective in 2026.
3. Local government responsibilities and authority. Except for building occupancies subject to state agency enforcement, local government must enforce the California Building Code as published by CBSC. Examples of buildings subject to state enforcement include hospitals, prisons, state government buildings, University of California buildings, California State University buildings, and community college buildings. Most other building types and occupancies are subject to local enforcement.

The majority of local governments adopt the published the California Building Code by reference in local ordinances. This is commonly called an adoption ordinance. If a local government does not adopt the California Building Code by local ordinance, California Building Code becomes the applicable code by default.

Various state laws authorize local governments to adopt local ordinances that make amendments to the building standards of the California Building Code. A local ordinance amendment that relates to the implementation or enforcement of a building standard necessitates an express finding that the amendment is reasonably necessary because of local climatic, geological, topographic, or environmental conditions.

To be enforceable, an amendment must be filed with the CBSC. Allowing a jurisdiction to adopt ordinances or resolutions that require the health and safety changes listed in this bill may not fit into the findings criteria for local climatic, geological, or topographical condition and cannot be enforceable without a proper CBSC filing. Therefore, if a jurisdiction wants to enforce these requirements, an amendment to the California Building Code would be necessary, as proposed in this bill.

1. Nose goes. The CBSC only has jurisdiction, and therefore the ability to propose building standards, for certain types of buildings, and restaurants are not among them. Generally, the department with jurisdiction over the building type would be assigned the responsibility for proposing these changes, which would then be submitted to CBSC for approval and adoption. Although retail food facilities fall under the overall jurisdiction of CDPH, local agencies are the primary enforcement entities, and to the extent there are specific building requirements for restaurants, they are spelled out in the CalCode. However, the changes in this bill requiring CBSC to adopt are not requirements in the CalCode, but are requirements in the plumbing code that are typically derived from national model codes.
   
2. Restaurant relief. The author’s intent with these changes is to support restaurants that have faced considerable challenges as a result of COVID-19. This bill aims to help facilitate outdoor dining and small business opportunities, particularly those which may have evolved in their business model in response to social distancing and other recent practices.
3. Double referral. This bill passed out of the Senate Health Committee on June 19, 2024 with a vote of 11-0.

Related Legislation:

AB 1217 (Gabriel, Chapter 569, Statutes of 2023) — extended the ability, until to July 1, 2026, for permitted food facilities to operate a temporary satellite food service without needing to obtain a separate permit, and to permit licensees of the Department of Alcohol and Beverage Control to serve alcoholic beverages in an adjacent property under a Temporary Catering Authorization. These provisions of existing law are currently only authorized for one year following the end of the COVID-19 state of emergency.

SB 1194 (Allen, Chapter 839, Statutes of 2022) — permitted a local government to require, by ordinance or resolution, that multi-stall public restroom facilities within its jurisdiction be designed, constructed, and identified for use by all genders.

AB 1632 (Akilah Weber, Chapter 893, Statutes of 2022) — required a place of business that has a toilet facility for its employees to allow an individual who is lawfully on the premises to use that toilet facility during normal business hours if the individual has an eligible medical condition or uses an ostomy device, and if specified conditions are met.

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

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

June 26, 2024.)

SUPPORT:

Cal Asian Chamber of Commerce
California Association for Micro Enterprise Opportunity (CAMEO)
California Hispanic Chamber of Commerce
City of Los Angeles
Family Business Association of California
The Greater Los Angeles Hospitality Association

OPPOSITION:

None received.

-- END --

SENATE COMMITTEE ON HEALTH

Senator Richard Roth, Chair

BILL NO: AB 2550

SUBJECT: Business establishments: building standards: retail food safety

SUMMARY:

Requires the Building Standards Commission to adopt building standards to permit restaurants to have more flexibility with restroom and drinking fountain requirements and other buildings standards, and modifies requirements pertaining to grease traps and pass-through windows in restaurants.

Existing law:

1. Establishes the California Retail Food Code (CalCode) to provide for the regulation of retail food facilities. Health and sanitation standards are established at the state level through the CalCode, while enforcement is charged to local agencies, carried out by the 58 county environmental health departments, and four city environmental health departments (Berkeley, Long Beach, Pasadena, and Vernon). [HSC §113700, et seq.]
2. Requires primary responsibility for the enforcement of the CalCode to be with the local enforcement agency, but provides that nothing prevent the California Department of Public Health (CDPH) from taking any necessary program or enforcement actions for the protection of public health and safety. Requires CDPH to provide technical assistance, training, standardization, program evaluation, and other services to local health agencies as necessary to ensure the uniform interpretation and application of the CalCode, when an appropriation is made for this purpose. [HSC §113713]
3. Requires any construction, alteration, remodeling, or operation of a food facility to be approved by the local enforcement agency, and to be in accordance with all applicable local, state, and federal statutes, regulations, and ordinances, including fire, building, and zoning codes. [HSC §113715]
4. Defines a “food facility” as an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level. Excludes various entities from the definition of a “food facility,” including a cottage food operation, and a church, private club, or other nonprofit association that gives or sells food to its members and guests, and not to the general public, at an event that occurs no more than three days in any 90-day period. [HSC §113789]
5. Requires food facilities to provide clean toilet rooms in good repair and conveniently located and accessible for use by employees during all hours of operation. Requires the number of toilet facilities to be in accordance with applicable local building and plumbing ordinances. [HSC §114250]
6. Requires a food facility to provide clean toilet facilities in good repair for guests, consumers, or invitees when there is onsite consumption of food or when the food facility was constructed after July 1, 1984, and has more than 20,000 square feet of floor space. Requires a building with more than 20,000 square feet of floor space to provide at least one separate toilet facility for men and one separate toilet facility for women. Permits any city or county to enact ordinances that are more restrictive than these requirements. [HSC §114276]
7. Provides that food facilities located within amusement parks, stadiums, arenas, food courts, fairgrounds, and similar premises are not required to provide toilet facilities for employee use within each food facility if approved toilet facilities are located within 200 feet of each food facility and are readily available for use by employees, as specified. [HSC §114250.1]
8. Establishes the California Building Standards Law and California Building Standards Commission (BSC), and requires any building standard adopted or proposed by state agencies to be submitted to, and approved or adopted by, the BSC prior to codification. [HSC 18901 et seq., §18930]
9. Requires building standards adopted by state agencies and submitted to the BSC for approval to be accompanied by an analysis written by the adopting agency or state agency that proposes the standards, and requires this analysis to justify the approval, to the satisfaction of the BSC, by the following criteria:
   1. The proposed building standards do not conflict with, overlap, or duplicate other building standards;
   2. The proposed building standard is within the parameters established by enabling legislation and is not expressly within the exclusive jurisdiction of another agency;
   3. The public interest, as specified, requires the adoption of the building standards;
   4. The proposed building standard is not unreasonable, arbitrary, unfair, or capricious;
   5. The cost to the public is reasonable, based on the overall benefit to be derived from the building standards;
   6. The proposed building standard is not unnecessarily ambitious or vague;
   7. The applicable national specifications, published standards, and model codes have been incorporated, where appropriate;
   8. The format of the proposed building standards is consistent with that adopted by the BSC; and,
   9. The proposed building standard, if it promotes fire and panic safety, as determined by the State Fire Marshal, has the written approval of the State Fire Marshal. [HSC §18930]

This bill:

1. Enacts the Neighborhood Restaurant Relief Act, which requires the BSC, as part of the next triennial update of the California Building Standards Code that occurs on or after January 1, 2025, to adopt building standards that do all of the following:
   1. Permit a business establishment that is takeout only to operate without providing customer restrooms;
   2. Permit a business establishment, regardless of whether the business establishment sells alcohol, with a maximum occupancy of 49 persons, to provide restrooms without urinals;
   3. Permit a business establishment to install up to 1,000 square feet of patio seating without providing additional restrooms;
   4. Permit a business establishment that serves alcohol to satisfy a requirement to provide restrooms by exclusively providing restrooms for use by all genders;
   5. Permit a business establishment with a maximum occupancy of 100 occupants to operate without drinking fountains;
   6. Authorize a business establishment to operate cooking equipment, for the purpose of baking, that does not produce cooking odors, smoke, grease, or vapor without installing a Type 1 hood, as defined, over the cooking equipment; and,
   7. Permit a business establishment to operate an under-the-counter dishwasher without installing a mechanical exhaust system over the dishwasher.
2. Revises requirements pertaining to grease traps and grease interceptors at retail food facilities, which are currently prohibited from being located in a food or utensil handling area unless specifically approved by enforcement agency, to instead permit an aboveground grease trap installed under a three-compartment sink under the following conditions:
   1. A structural hardship can be determined preventing the grease trap from being installed in an area not designated for food preparation or storage or a utensil handling area;
   2. The site can provide a cleaning or maintenance plan that indicates how and when this grease trap will be accessed for service to prevent cross contamination of food or food contact surfaces; and,
   3. The site can provide procedures that will be taken to properly clean and sanitize the area following servicing.
3. Revises the requirement for “pass-through window service openings” in retail food facilities, which are currently limited to being no more than 216 square inches and must be equipped with a self-closing device, or can be up to 432 square inches if equipped with an air curtain device, by allowing a window to be closed when not in use rather than having a self-closing device, and by permitting a pass-through window that is larger than 432 square inches if equipped with both a self-closing device and an air curtain device. Permits an enforcement agency to approve alternative pass-through windows or other service openings if the proposed alternative can adequately maintain exclusion of vermin or other means of contamination.
4. Revises the list of exemptions from a requirement that the walls and ceilings of all rooms in a retail food facility to be of a durable, smooth, nonabsorbent, and easily cleanable surface, which currently exempts bar areas where alcoholic beverages are sold, to apply this exemption to areas where beverages are sold, served, or dispensed.
5. Makes other minor, technical changes to provisions of law governing retail food facilities.

FISCAL EFFECT:

According to the Assembly Appropriations Committee, the Department of General Services notes the regulations required by this bill fall outside the expertise of BSC staff and would impact five different parts of Title 24, thus requiring an additional limited-term associate architect at a cost of $253,000 per year in fiscal years 2025-26, 2026-27, and 2027-28 as well as access to consultants with expertise in public health at an unknown additional cost (Building Standards Review Service Revolving Fund).

PRIOR VOTES:

COMMENTS:

1. Author’s statement. According to the author, as small restaurants across California struggle to survive, state action is needed to help facilitate more outdoor dining and small business opportunities, in a manner consistent with public health guidance. Neighborhood restaurants are the backbone of communities across California, but too many are barely hanging on by a thread. Supporting their start up efforts and operational needs offers a lifeline that can help keep these establishments afloat and we must do all we can to assist them during these challenging times. This bill ensures that restaurants are fully supported as they continue to innovate their business practices and safely operate.
2. Background on process for adopting building standards. The California Building Standards Code is published on a triennial basis in Title 24 of the California Code of Regulations. There are also interim updates at 18 months between triennial cycles. According to the BSC, they are currently in the 2024 cycle of the triennial edition, which will be published as the 2025 edition of Title 24. Amendments to California’s building standards are subject to a lengthy and transparent public participation process throughout each code adoption cycle. Through this process, relevant state agencies propose amendments to building codes, which the BSC must then adopt, modify, or reject. The BSC is the “originating agency,” or the state agency responsible for proposing building standards, for only certain types of building codes, such as “green building standards” for nonresidential buildings, state buildings, and state university buildings. Some building standards are statutorily assigned to other departments, such as the Department of Health Care Access and Information as the responsible state agency for proposing hospital and clinic building standards. Where there is no state agency that is specifically designated as the responsible state agency to make alternative building standards proposals, the BSC adopts national model codes. The CalCode, which governs restaurants, includes some specific building specifications, including types of handwashing requirements, what surfaces are required to be made of, cooking vent hood requirements etc. Where there isn’t specific requirements in CalCode, whatever building standards have been adopted, which are often model codes, would be applied to the restaurant construction project.

1. Restroom and drinking fountain requirements. Most of the changes to building standards that this bill is requiring the BSC to adopt, relating to restroom requirements and drinking fountains, are in the California Plumbing Code, and are based on model codes but with some BSC-adopted modifications. Requirements are specific to building types, and for purposes of this bill, the occupancy category is for “restaurants, pubs, lounges, nightclubs and banquet halls.” The code includes a chart showing the number of water closets, urinals, lavatories, and drinking fountain fixtures per person. For water closets (toilets) for men, there needs to be one toilet for men up to 50 people, two toilets for between 51 and 150 people, three for up to 300, and it goes up from there. For women, one toilet is required for up to 25 people, two for 26-50, three for 51-100, four for 101-200, and it goes up from there. One urinal is required for men for up to 200 people, and two for 201-300, and it goes up from there. At least one drinking fountain is required for the first 250 people, two for between 251-500, and it goes up from there. Building codes generally only apply going forward, so buildings constructed before a requirement was added to a code can continue operating without that requirement, unless otherwise required.
2. Double referral. This bill is double referred. Should it pass out of this Committee, it will be referred to the Senate Committee on Housing.
3. Prior legislation. AB 1217 (Gabriel, Chapter 569, Statutes of 2023) extends the ability, until to July 1, 2026, for permitted food facilities to operate a temporary satellite food service without needing to obtain a separate permit, and to permit licensees of the Department of Alcohol and Beverage Control to serve alcoholic beverages in an adjacent property under a Temporary Catering Authorization. These provisions of existing law are currently only authorized for one year following the end of the COVID-19 state of emergency.
   
   SB 1194 (Allen, Chapter 839, Statutes of 2022) permits a local government to require, by ordinance or resolution, that multi-stall public restroom facilities within its jurisdiction be designed, constructed, and identified for use by all genders.
   
   AB 1632 (Akilah Weber, Chapter 893, Statutes of 2022) requires a place of business that has a toilet facility for its employees to allow an individual who is lawfully on the premises to use that toilet facility during normal business hours if the individual has an eligible medical condition or uses an ostomy device, and if specified conditions are met.
   
   AB 1732 (Ting, Chapter 818, Statutes of 2016) requires all single-user toilet facilities in any business establishment, place of public accommodation, or government agency to be identified as all-gender toilet facilities, as specified.
4. Support. This bill is sponsored by the Independent Hospitality Coalition (IHC), which states that it represents more than 1200 members made up of local food service business operators and employees within the Los Angeles area. IHC states the COVID-19 pandemic has devastated small businesses in California, and for restaurants that survived, inflation has been the next devastating hurdle. According to IHC, certain outdated building codes and regulations in state and local law create significant barriers for small businesses, imposing requirements that work against business survival. IHC states that “dead rent,” or the period when new businesses have to pay rent as they are getting a space ready or when an existing small business is being remodeled, is a big concern because it can cost small businesses between $1,000 and $2,000 per day as they address regulatory obstacles that delay when they can open their doors. This bill will provide relief by implementing various solutions to reduce the burden of “dead rent,” including allowing small neighborhood restaurants to operate without a drinking fountain, which are not only redundant for restaurants that have beverage service, but can cost $10,000. The California Chamber of Commerce states in support that many rules have had the effect of preventing the renovation of older buildings, or, when renovations proceed, imposing exorbitant costs for small businesses with small footprints and low profit margins. Numerous business organizations and restaurants also write in support of this bill, making similar arguments.
5. Policy comment. According to the BSC, they only have original jurisdiction, and therefore the ability to propose building standards, for certain types of buildings, and restaurants are not among them. Therefore, rather than require the BSC to adopt the building requirements as proposed in this bill, normally the department with jurisdiction over the building type would be assigned the responsibility for proposing these changes, which would then be submitted to BSC for approval and adoption. The challenge is that although retail food facilities fall under the overall jurisdiction of CDPH, local agencies are the primary enforcement entities, and to the extent there are specific building requirements for restaurants, they are spelled out in the CalCode. The California Conference of Directors of Environmental Health (CCDEH), which is the association of local enforcement agencies, has a Food Safety Policy Committee that works with various stakeholders, including the restaurant industry, to develop recommendations on amendments to the CalCode, which CCDEH would then seek legislation to implement. However, most of the changes that this bill is requiring the BSC to adopt are not requirements in the CalCode, but are requirements in the plumbing code that are typically derived from national model codes. To change these specific to a type of establishment, such as restaurants, the BSC would typically look to the responsible department to propose standards. In this case, the closest department is CDPH, but as described above, they typically have very little involvement in restaurant building requirements, deferring to CCDEH. The author may wish to consider requiring CDPH, after receiving input from local environmental enforcement agencies, to propose these changes to the BSC.
   

SUPPORT AND OPPOSITION:

Support: Independent Hospitality Coalition (sponsor)
All Day Baby
Barra Santos

California Asian Pacific Chamber of Commerce
California Association for Micro Enterprise Opportunity

California Association of Environmental Health Administrators
California Chamber of Commerce
California Hispanic Chamber of Commerce
California Restaurant Association
Central City Association
City of Los Angeles
Civil Coffee
Council of Infill Builders
Creative Space
Cuernavaca's Grill
DTLA Chamber of Commerce
Family Business Association of California
Found Oyster, LLC
Golden Gate Restaurant Association
Grand Central Market
Inclusive Action for The City
Jon and Vinney’s
Kitchen Culture Recruiting
Last Word Hospitality
Little Tokyo Service Center
Los Angeles County Business Federation
Main Street Business Improvement Association
Open Face Food Shop
Pouring With Heart, LLC
Public Counsel
Red Dog Saloon, LLC
Ronan
Rossoblu
Santa Monica Chamber of Commerce
Shins Pizza
Simi Valley Chamber of Commerce
Smorgasburg Ventures, LLC
Superfine
The Copper Room

The Greater Los Angeles Hospitality Association
Tropicalia, INC
West Hollywood Chamber of Commerce

Oppose: None received

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 2550

Author:(Gabriel)

As Amended Ver:April 24, 2024

Majority vote

SUMMARY

Requires the Building Standards Commission (BSC), as a part of the next triennial update of the California Building Standards Code (Title 24 of the California Code of Regulations (CCR)) that occurs on or after January 1, 2025, to adopt various building standards.

Major Provisions

1. Requires as a part of the next triennial update of the California Building Standards Code that occurs on or after January 1, 2025, the BSC to adopt building standards that do all of the following:
   1. Authorize a business establishment that is takeout only to operate without providing customer restrooms;
   2. Authorize a business establishment, regardless of whether the business establishment sells alcohol, with a maximum occupancy of 49 persons to provide restrooms without urinals;
   3. Authorize a business establishment to install up to 1,000 square feet of patio seating without providing additional restrooms;
   4. Authorize a business establishment that serves alcohol to satisfy a requirement to provide restrooms by exclusively providing restrooms for use by all genders;
   5. Authorize a business establishment with a maximum occupancy of 100 occupants to operate without drinking fountains;
   6. Authorize a business establishment to operate cooking equipment, for the purpose of baking, that does not produce cooking odors, smoke, grease, or vapor without installing a Type 1 hood, as described in the California Mechanical Code over the cooking equipment; and,
   7. Authorize a business establishment to operate an under-the-counter dishwasher without installing a mechanical exhaust system over the dishwasher.
2. Defines "alcohol" to mean ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced.
3. Prohibits a food facility from locating a grease trap or grease interceptor in a food preparation area, and exempts an aboveground grease trap installed under a three-compartment sink from this prohibition under the following conditions:
   1. A structural hardship can be determined preventing the grease trap from being installed in an area not designated for food preparation or storage or a utensil handling area;
   2. The site can provide a cleaning or maintenance plan that indicates how and when this grease trap will be accessed for service to prevent any cross contamination of food or food contact surfaces; and,
   3. The site can provide procedures that will be taken to properly clean and sanitize the area following servicing.
4. Authorizes a passthrough window service openings to be up to 432 square inches if equipped with an air curtain device or a self-closing device. Requires the counter surface of the service opening to be smooth and easily cleanable.
5. Authorizes a passthrough window larger than 432 square inches if equipped with both a self-closing device and an air curtain device. Requires the counter surface of the service opening to be smooth and easily cleanable.
6. Authorizes the enforcement agency to approve alternative passthrough window or other service openings if the proposed alternative can adequately maintain exclusion of vermin or other means of contamination.
7. Exempts the following areas from the existing requirement that a food facility's walls must be durable, smooth, nonabsorbent, and easily cleanable:
   1. Walls and ceilings of bar areas in which beverages are sold, served, or dispensed directly to the consumers, except wall areas adjacent to bar sinks and areas where food is prepared; and,
   2. Restrooms that are used exclusively by employees, except that the walls and ceilings in the restrooms must be a nonabsorbent and washable surface.
8. Exempts a temporary food facility that is approved for limited food preparation from the existing requirement that temporary food facilities be equipped with overhead protection for all food preparation, food storage, and warewashing areas if environmental factors that could contaminate the food are absent due to the location of the facility or other limiting conditions.

COMMENTS

1. The California Retail Food Code (CRFC). The CRFC is modeled after the federal Food and Drug Administration's (FDA) Model Food Code (Food Code), which is updated every four years to enhance food safety laws based on the best available science. Between each four-year period, the FDA makes available a Food Code Supplement that updates, modifies, or clarifies certain provisions. The Food Code assists food control jurisdictions at all levels of government by providing them with a scientifically sound technical and legal basis for regulating the retail and food service segment of the industry, such as restaurants, grocery stores, and institutions like nursing homes.
2. Commission. The Commission is charged, in part, with administering California's building code adoption process; reviewing and approving building standards proposed and adopted by state agencies; codifying and publishing approved building standards in the CBC; and resolving conflict, duplication, and overlap in building standards. The Commission's authority and expertise to develop and propose building standards is limited to the following nonresidential occupancy types and subject areas: specified state buildings and buildings constructed by the Trustees of the California State University (CSU) and the Regents of the University of California (UC); seismic retrofit standards for state buildings including those owned by UC and CSU; and standards for parking lot lighting systems for UC, CSU, and California Community Colleges.

According to the Author

As small restaurants across California struggle to survive, state action is needed to help facilitate more outdoor dining and small business opportunities, in a manner consistent with public health guidance. The author states that neighborhood restaurants are the backbone of communities across California, but too many are barely hanging on by a thread. The author continues that supporting their start up efforts and operational needs offers a lifeline that can help keep these establishments afloat, and we must do all we can to assist them during these challenging times. The author concludes that this bill ensures that restaurants are fully supported as they continue to innovate their business practices and safely operate.

Arguments in Support

According to the Independent Hospitality Coalition (IHC), the sponsor of this bill, the COVID-19 pandemic has devastated small businesses in California, for restaurants that survived the pandemic, inflation has been the next devastating hurdle. IHC states that certain outdated building codes and regulations in state and local law create significant barriers for small businesses. IHC states that this bill will provide relief to California's small businesses by updating regulations that have yet to account for changes in technology, or that are unclear and do not increase worker or customer safety.

Arguments in Opposition

None on file.

FISCAL COMMENTS

According to the Assembly Appropriations Committee, the Department of General Services notes the regulations required by this bill fall outside the expertise of Commission staff and would impact five different parts of Title 24, thus requiring an additional limited-term associate architect at a cost of $253,000 per year in fiscal years 2025-26, 2026-27, and 2027-28 as well as access to consultants with expertise in public health at an unknown additional cost (Building Standards Review Service Revolving Fund).

VOTES

ASM HEALTH: 16-0-0

YES: Bonta, Waldron, Aguiar-Curry, Arambula, Wendy Carrillo, Flora, Haney, Jones-Sawyer, Maienschein, McCarty, Joe Patterson, Rodriguez, Sanchez, Santiago, Schiavo, Weber

ASM BUSINESS AND PROFESSIONS: 17-0-1

YES: Berman, Flora, Alanis, Bains, Juan Carrillo, Chen, Dixon, Aguiar-Curry, Irwin, Jackson, Lowenthal, McKinnor, Stephanie Nguyen, Pellerin, Sanchez, Soria, Zbur

ABS, ABST OR NV: Low

ASM APPROPRIATIONS: 15-0-0

YES: Wicks, Sanchez, Arambula, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Grayson, Haney, Hart, Jim Patterson, Pellerin, Ta, Villapudua

UPDATED

VERSION: April 24, 2024

CONSULTANT: Eliza Brooks / HEALTH / (916) 319-2097 FN: 0003245

Date of Hearing: May 8, 2024

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

ABPCA Bill Id:AB 2550

Author:(Gabriel) – As Amended Ver:April 24, 2024

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

SUMMARY:

This bill requires the Building Standards Commission (Commission), as a part of the next triennial update of the California Building Standards Code (CBC), to adopt various building standards related to retail food establishments.

FISCAL EFFECT:

The Department of General Services (DGS) notes the regulations required by this bill fall outside the expertise of Commission staff and would impact five different parts of Title 24, thus requiring an additional limited-term associate architect at a cost of $253,000 per year in fiscal years 2025-26, 2026-27, and 2027-28 as well as access to consultants with expertise in public health at an unknown additional cost (Building Standards Review Service Revolving Fund).

COMMENTS:

1. Purpose. This bill is sponsored by the Independent Hospitality Coalition. According to the author:

As small restaurants across California struggle to survive, state action is needed to help facilitate more outdoor dining and small business opportunities, in a manner consistent with public health guidance. Neighborhood restaurants are the backbone of communities across California, but too many are barely hanging on by a thread. Supporting their start up efforts and operational needs offers a lifeline that can help keep these establishments afloat, and we must do all we can to assist them during these challenging times. AB 2550 ensures that restaurants are fully supported as they continue to innovate their business practices and safely operate.

1. Background.

CBC. To protect the health and safety of people and property, the CBC regulates the design, construction, quality of materials, use and occupancy, location, and maintenance of all buildings and structures in the state. The CBC comprises building standards adopted by state agencies from national model codes; building standards adopted and adapted from national model codes; and building standards, authorized by the California Legislature, that address issues and concerns specific to California. The CBC is published every three years, though intervening code adoption cycles produce supplements 18 months into each triennial period. Amendments to California’s building standards are subject to a public participation process.

California Retail Food Code (CRFC). The CRFC is modeled after the federal Food and Drug Administration’s (FDA) Model Food Code (Food Code), which is updated every four years to enhance food safety laws based on the best available science. Between four-year updates, the FDA makes available a Food Code Supplement that updates, modifies, or clarifies certain provisions. The Food Code assists food control jurisdictions at all levels of government by providing them with a scientifically sound technical and legal basis for regulating the retail and food service segment of the industry, such as restaurants, grocery stores, and institutions like nursing homes.

Commission. The Commission is charged, in part, with administering California’s building code adoption process; reviewing and approving building standards proposed and adopted by state agencies; codifying and publishing approved building standards in the CBC; and resolving conflict, duplication, and overlap in building standards. The Commission’s authority and expertise to develop and propose building standards is limited to the following nonresidential occupancy types and subject areas: specified state buildings and buildings constructed by the Trustees of the California State University (CSU) and the Regents of the University of California (UC); seismic retrofit standards for state buildings including those owned by UC and CSU; and standards for parking lot lighting systems for UC, CSU, and California Community Colleges.

1. Designated State Entity. As noted above, the Commission’s authority and expertise generally pertains to state buildings. Building standards related to retail food establishments fall outside the scope of the Commission’s authority. The author may wish to consider whether another entity would be better suited to propose the types of building standards this bill requires.
   
2. Adoption of Building Standards. The Assembly Business and Professions Committee analysis raises a concern about the prescriptiveness of this bill, noting the consideration, development, and adoption of building standards is a deliberative process subject to the Administrative Procedures Act and other laws that enable standards-developing agencies to use their authority and expertise to develop standards as well as facilitate transparency and public input. Requiring the Commission to adopt building standards runs counter to the intent of that deliberative process. Moreover, any future modifications would require legislative authorization.

Analysis Prepared by: Allegra Kim / APPR. / (916) 319-2081

Date of Hearing: April 23, 2024

ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS

Marc Berman, Chair

ABPCA Bill Id:AB 2550

Author:(Gabriel) – As Amended Ver:March 11, 2024

NOTE: This bill was double referred to the Assembly Health Committee, where it passed on a 16-0-0 vote.

SUBJECT: Business establishments: building standards: retail food safety.

SUMMARY: Requires the Building Standards Commission, as a part of the next triennial update of the California Building Standards Code that occurs on or after January 1, 2025, to adopt various building standards related to retail food establishments.

EXISTING LAW:

1. Establishes the California Retail Food Code (CRFC) to provide for the regulation of retail food facilities. Establishes health and sanitation standards at the state level through the CRFC, while enforcement is charged to local agencies, carried out by the 58 county environmental health departments and four city environmental health departments (Berkeley, Long Beach, Pasadena, and Vernon). (Health & Safety Code (HSC) § 113700 et seq.)
2. Defines a “food facility” as an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level. Excludes various entities from the definition of a “food facility,” including a cottage food operation, and a church, private club, or other nonprofit association that gives or sells food to its members and guests, and not to the general public, at an event that occurs no more than three days in any 90 day period. (HSC §113789)
3. Establishes requirements for satellite food services, including requiring satellite food service only be operated by a fully enclosed permanent food facility that meets the requirements for food preparation and service and that is responsible for servicing the satellite food service operation; that the permit holder of the permanent food facility submit to the enforcement agency written standard operating procedures prior to conducting the service, as specified; that all food preparation be conducted within a food compartment or fully enclosed facility; and, that service areas have overhead protection that extends over all food handling areas. (HSC §114067)
4. Prohibits a grease trap or grease interceptor from being located in a food or utensil handling area unless specifically approved by the enforcement agency. (HSC §114201)
5. Requires grease traps and grease interceptors to be easily accessible for servicing. (HSC §114201)
6. Requires a food facility at all times to be constructed, equipped, maintained, and operated as to prevent the entrance and harborage of animals, birds, and vermin, including, but not limited to, rodents and insects. (HSC § 114259)
   
7. Requires the premises of each food facility to be kept free of vermin. (HSC §114259.1)
   
8. Requires passthrough window service openings to be limited to 216 square inches each. Prohibits service openings being closer together than 18 inches. Requires each opening to be provided with a solid or screened window, equipped with a self-closing device. Requires screening to be at least 16 mesh per square inch. Authorizes passthrough windows of up to 432 square inches be approved if equipped with an air curtain device. Requires counter surface of the service openings to be smooth and easily cleanable. (HSC §114259.2)
9. Requires the walls and ceilings of all rooms to be of a durable, smooth, nonabsorbent, and easily cleanable surface, except for:
   1. Walls and ceilings of bar areas in which alcoholic beverages are sold or served directly to the consumers, except wall areas adjacent to bar sinks and areas where food is prepared;
   2. Areas where food is stored only in unopened bottles, cans, cartons, sacks, or other original shipping containers;
   3. Dining and sales areas;
   4. Offices;
      
   5. Restrooms that are used exclusively by the consumers, except that the walls and ceilings in the restrooms shall be of a nonabsorbent and washable surface; and
   6. Dressing rooms, dressing areas, or locker areas.

(HSC §114271)

1. Requires the Department of Alcoholic Beverage Control to administer the provisions of the Alcoholic Beverage Control Act, including the licensing of individuals and businesses in the manufacture, importation, and sale of alcoholic beverages. (Business & Professions Code § 23000 et seq.)
2. Establishes the Building Standards Commission (BSC) within the Department of General Services and requires the BSC to administer the processes related to the adoption, approval, publication, and implementation of California’s building codes, which serve as the basis for the design and construction of buildings in California. (HSC §§ 18901 et seq.)
3. Specifies that where no state agency has the authority to adopt building standards applicable to state buildings, the BSC shall 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. (HSC § 18934.5)

THIS BILL:

1. Requires as a part of the next triennial update of the California Building Standards Code that occurs on or after January 1, 2025, the BSC to adopt building standards that do all of the following:
   1. Authorize a business establishment with less than 150 square feet of seating area or that is takeout only to operate without providing customer restrooms.
   2. Authorize a business establishment, regardless of whether the business establishment sells alcohol, with a maximum occupancy of 49 persons to provide restrooms without urinals.
   3. Authorize a business establishment to install up to 1,000 square feet of patio seating without providing additional restrooms.
   4. Authorize a business establishment that serves alcohol to satisfy a requirement to provide restrooms by exclusively providing restrooms for use by all genders.
   5. Authorize a business establishment with a maximum occupancy of 100 occupants to operate without drinking fountains.
   6. Authorize a business establishment to operate cooking equipment, for the purpose of baking, that does not produce cooking odors, smoke, grease, or vapor without installing a Type 1 hood, as described in the California Mechanical Code over the cooking equipment.
   7. Authorize a business establishment to operate an under-the-counter dishwasher without installing a mechanical exhaust system over the dishwasher.
2. Defines “alcohol” to mean ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced.
3. Prohibits a food facility from locating a grease trap or grease interceptor in a food preparation area, and exempts an aboveground grease trap installed under a 3-compartment sink from this prohibition. Any food facility approved with a grease trap or grease interceptor that is in operation before the effective date this new requirement is also exempt.
4. Increases the size of a passthrough window service opening to 432 square inches.
5. Exempts the following areas from the existing requirement that a food facility’s walls must be durable, smooth, nonabsorbent, and easily cleanable:
   1. Walls and ceilings of any areas in which beverages are prepared, or sold or served directly to the consumers, except wall areas adjacent to sinks and areas where food is prepared.
   2. Restrooms that are used exclusively by employees, except that the walls and ceilings in the restrooms must be a washable surface.
6. Exempts a temporary food facility that is approved for limited food preparation from the existing requirement that temporary food facilities be equipped with overhead protection for all food preparation, food storage, and warewashing areas if environmental factors that could contaminate the food are absent due to the location of the facility or other limiting conditions.

FISCAL EFFECT: Unknown. This bill has been keyed fiscal by Legislative Counsel.

COMMENTS:

Purpose. This bill is sponsored by the Independent Hospitality Association. According to the author:

As small restaurants across California struggle to survive, state action is needed to help facilitate more outdoor dining and small business opportunities, in a manner consistent with public health guidance. Neighborhood restaurants are the backbone of communities across California, but too many are barely hanging on by a thread. Supporting their start up efforts and operational needs offers a lifeline that can help keep these establishments afloat, and we must do all we can to assist them during these challenging times. [This bill] ensures that restaurants are fully supported as they continue to innovate their business practices and safely operate.

Background.

California Building Code. To protect the health and safety of people and property, the California Building Code (CBC) regulates the design, construction, quality of materials, use and occupancy, location, and maintenance of all buildings and structures in the state. The CBC is comprised of building standards adopted by state agencies without change from national model codes; building standards adopted and adapted from national model codes; and building standards, authorized by the California Legislature, that address issues and concerns specific to California. The CBC is published every three years, though intervening code adoption cycles produce supplements 18 months into each triennial period. Amendments to California’s building standards are subject to a lengthy and transparent public participation process throughout each code adoption cycle.

Building Standards Commission. The BSC is charged, in part, with administering California’s building code adoption process; reviewing and approving building standards proposed and adopted by state agencies; codifying and publishing approved building standards in the CBC; and resolving conflict, duplication, and overlap in building standards. The BSC’s authority and expertise to develop and propose building standards is limited to the following nonresidential occupancy types and subject areas:

• Specified state buildings as well as buildings constructed by the Trustees of the California State University and the Regents of the University of California.
• Seismic retrofit standards for state buildings including those owned by the University of California and California State University.
• Standards for parking lot lighting systems for the University of California, California State University, and California Community Colleges.
• Green building standards for nonresidential occupancy types for which no other state agency has authority.^[1]

Several other state agencies are tasked with developing building standards for various building occupancies and building uses, including all of the following:

• Department of Housing and Community Development – Residential occupancies (hotels, motels, single- and multi-family dwellings), including residential accessibility standards
• Office of the State Fire Marshal – Assembly buildings, nursing homes and housing, fire and panic safety
• Division of the State Architect – Accessibility for places of public accommodation, public schools, publicly funded housing, state-owned or -leased essential service buildings
• Office of Statewide Health Planning and Development – Hospitals, clinics, skilled nursing facilities and correctional treatment centers
• California Department of Public Health (CDPH) – Public swimming pools, organized camps, and food establishments
• California Energy Commission – Natural resource conservation in buildings
• State Historical Building Safety Board – Designated historical buildings and sites
• Department of Food and Agriculture – Meat, poultry and dairy processing plants
• Board of State and Community Corrections – Local detention facilities
• Department of Water Resources – Water conservation, floodplain management, life safety and flood resilient construction
• California State Library – State libraries
• Department of Consumer Affairs – Barber and beauty shops, pharmacies, acupuncture clinics, veterinary hospitals, insulation and structural standards related to pest control
• California State Land Commission – Marine oil terminals

This bill would, in part, require the BSC to adopt specific building standards related to retail food facilities (e.g. restaurants) that the author and sponsor believe will ease regulatory burdens and cut costs for small business owners, many of whom the author asserts are people of color.

California Retail Food Code. According to the CDPH, “The portion of the California Health and Safety Code known as the California Retail Food Code contains the structural, equipment, and operational requirements for all California retail food facilities. Provisions of the California Retail Food Code are primarily enforced by 62 local environmental health regulatory agencies. The California Department of Public Health, Food and Drug Branch, plays a supporting role in the enforcement of the California Retail Food Code by providing technical expertise to evaluate processes and procedures and to answer technical and legal inquiries for local agencies, industry and consumers.”^[2] The California Food Code’s purpose is to prevent and provide safeguards to minimize foodborne illness, protect the health of the employees, ensure the safety of food, require the use of nontoxic and cleanable equipment, and specify the level of sanitation necessary for food facilities.^[3]

As noted in the Assembly Health Committee of this bill:

The CRFC is modeled after the federal Food and Drug Administration’s (FDA) Model Food Code (Food Code), which is updated every four years to enhance food safety laws based on the best available science. Between each four-year period, the FDA makes available a Food Code Supplement that updates, modifies, or clarifies certain provisions. The Food Code assists food control jurisdictions at all levels of government by providing them with a scientifically sound technical and legal basis for regulating the retail and food service segment of the industry, such as restaurants, grocery stores, and institutions like nursing homes. Forty-eight states and territories have adopted food codes patterned after the Food Code, representing 80% of the US population.

This bill would revise several provisions in the CRFC to allow above-ground grease traps to be installed in kitchens, increase the size of passthrough windows and delete the requirement that they be equipped with an air curtain device, relax wall and ceiling finish requirements in beverage preparation areas and employee restrooms, and clarifies overhead protection requirements for temporary food facilities.

Current Related Legislation.

AB 2233 (Schiavo) requires the Division of the State Architect to propose building standards for adoption that would increase the number of ambulatory accessible toilet stalls required to be provided for patrons. AB 2233 is currently pending in this committee.

ARGUMENTS IN SUPPORT:

As the sponsor of this bill, the Independent Hospitality Association writes in support:

This bill will provide relief to California’s small businesses by implementing various solutions to help reduce the burden of “dead rent.” It will reduce unnecessary regulatory burdens by updating regulations that have yet to account for changes in technology, or that are unclear and do not increase worker or customer safety. Including allowing small neighborhood restaurants to operate without a drinking fountain. Drinking fountain requirements are not only redundant for restaurants that are designed for food and beverage service, but can also cost $10,000, which can often be as high as 10% of a small business’s opening cost. Allowing a small business to operate without the requirement for separate gender restrooms and instead allowing gender-neutral restrooms. Separate-gender restroom policies are outdated and expensive, given that a new restroom can amount to $25,000 - a price many small businesses cannot afford. And providing clarity to small businesses when conducting outdoor community events utilizing food preparation, food storage and ware washing areas by providing clarification on what overhead protective measures are needed.

IMPLEMENTATION ISSUES:

Designated State Entity. Building standards related to retail food establishments fall outside the scope of the BSC’s authority. The author may wish to consider whether another entity would be better suited to propose the types of building standards contemplated by this bill.

Prescriptiveness. The consideration, development, and adoption of building standards is a deliberative process subject to Administrative Procedures Act and other laws that enable standards-developing agencies to use their authority and expertise to develop standards as well as facilitate transparency and public input. By requiring the BSC to adopt prescriptive building standards, this bill may render that deliberative process meaningless as it would have no bearing on the outcome. Moreover, any future modifications would require legislative authorization. The author may wish to amend to bill instead require the BSC to consider adopting the building standards enumerated in this bill.

AMENDMENTS:

At the author’s request, amend the bill as follows:

On page 4, after line 7:

(1) Authorizes a business establishment with less than 150 square feet of seating area or that is takeout only to operate without providing customer restrooms.

On page 4, after line 29:

(b) For the purposes of this section, “alcohol” has the same meaning as defined in Section 23003 of the Business and Professions Code.

On page 5, after line 4:

(1) An aboveground grease trap installed under a three-compartment sink. sink under the following conditions:

(A) A structural hardship can be determined preventing the grease trap from being installed in an area not designated for food preparation or storage or a utensil handling area.

(B) The site can provide a cleaning or maintenance plan that indicates how and when this grease trap will be accessed for service to prevent any cross contamination of food or food contact surfaces.

(C) The site can provide procedures that will be taken to properly clean and sanitize the area following servicing.

On page 5, after line 12:

114259.2. (a) Passthrough window service openings shall be limited to 432 that are limited to no more than 216 square inches each. The service openings shall not be closer together than 18 inches. Each opening shall inches and shall be provided with a solid or screened window, equipped with a self-closing device. window that is closed when not in use. Screening shall be at least 16 mesh per square inch. The counter surface of the service openings shall be smooth and easily cleanable.

(b) A passthrough window service opening of up to 432 square inches is approved if equipped with an air curtain device or equipped with a self-closing device. The counter surface of the service opening shall be smooth and easily cleanable.

(c) A passthrough window service opening that is larger than 432 square inches is approved if equipped with both a self-closing device and an air curtain device. The counter surface of the service opening shall be smooth and easily cleanable.

(d) The enforcement agency may approve alternative passthrough window or other service openings if the proposed alternative can adequately maintain exclusion of vermin or other means of contamination.

On page 5, after line 26:

(1) Walls and ceilings of bar areas in which beverages are prepared, or sold or served sold, served, or dispensed directly to the consumers, except wall areas adjacent to bar sinks and areas where food is prepared.

On page 5, after line 33:

(5) Restrooms that are used exclusively by the employees or consumers, except that the walls and ceilings in the restrooms shall be of a nonabsorbent and washable surface.

REGISTERED SUPPORT:

Independent Hospitality Coalition (Sponsor)

All Day Baby
Barra Santos
California Restaurant Association
Central City Association
Council of Infill Builders
Creative Space
Cuernavaca's Grill
Dtla Chamber of Commerce
Found Oyster LLC
Golden Gate Restaurant Association
Inclusive Action for The City
Joint Venture Restaurant Group, INC.
Kitchen Culture Recruiting
Last Word Hospitality
Little Tokyo Service Center
Open Face Food Shop
Pouring With Heart LLC
Public Counsel
Red Dog Saloon LLC
Ronan
Rossoblu
Santa Monica Chamber of Commerce
Shins Pizza
Simi Valley Chamber of Commerce
Smorgasburg Ventures LLC
Superfine
The Copper Room

The Main St. Business Improvement Association
Tropicalia INC
West Hollywood Chamber of Commerce

REGISTERED OPPOSITION:

None on file

Analysis Prepared by: Kaitlin Curry / B. & P. / (916) 319-3301

1. California Building Standards Commission Frequently Asked Questions ↑

2. Retail Food Program ↑

3. California Retail Food Code ↑

Date of Hearing: April 9, 2024

ASSEMBLY COMMITTEE ON HEALTH

Mia Bonta, Chair

ABPCA Bill Id:AB 2550

Author:((Gabriel) – As Amended Ver:March 11, 2024

SUBJECT: Business establishments: building standards: retail food safety.

SUMMARY: Requires the Building Standards Commission, as a part of the next triennial update of the California Building Standards Code (Title 24 of the California Code of Regulations (CCR)) that occurs on or after January 1, 2025, to adopt various building standards. Specifically, this bill:

1. Authorizes a business establishment with less than 150 square feet of seating area or that is takeout only to operate without providing customer restrooms.
2. Authorizes a business establishment, regardless of whether the business establishment sells alcohol, with a maximum occupancy of 49 persons to provide restrooms without urinals.
3. Authorizes a business establishment to install up to 1,000 square feet of patio seating without providing additional restrooms.
4. Authorizes a business establishment that serves alcohol to satisfy a requirement to provide restrooms by exclusively providing restrooms for use by all genders.
5. Authorizes a business establishment with a maximum occupancy of 100 occupants to operate without drinking fountains.
6. Authorizes a business establishment to operate cooking equipment, for the purpose of baking, that does not produce cooking odors, smoke, grease, or vapor without installing a Type 1 hood, as described in Section 508.0 of the California Mechanical Code (Part 4 of Title 24 of CCR), over the cooking equipment.
7. Authorizes a business establishment to operate an under-the-counter dishwasher without installing a mechanical exhaust system over the dishwasher.
8. For the purposes of this section, defines “alcohol” as means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced.
9. Prohibits a food facility from locating a grease trap or grease interceptor in a food preparation area, and exempts an aboveground grease trap installed under a 3-compartment sink from this prohibition.
10. Increases the size of a passthrough window service opening to 432 square inches.
    
11. Exempts walls and ceilings of any areas in which beverages are prepared, or sold or served directly to the consumers, except wall areas adjacent to sinks and areas where food is prepared, from the requirement that a food facility’s walls must be durable, smooth, nonabsorbent, and easily cleanable.
    
12. Exempts a temporary food facility that is approved for limited food preparation from the existing requirement that temporary food facilities be equipped with overhead protection for all food preparation, food storage, and warewashing areas if environmental factors that could contaminate the food are absent due to the location of the facility or other limiting conditions.
    

EXISTING LAW:

1. Establishes the California Retail Food Code (CRFC) to provide for the regulation of retail food facilities. Establishes health and sanitation standards at the state level through the CRFC, while enforcement is charged to local agencies, carried out by the 58 county environmental health departments and four city environmental health departments (Berkeley, Long Beach, Pasadena, and Vernon). [Health & Safety Code (HSC) § 113700, et.seq.]
2. Defines a “food facility” as an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level. Excludes various entities from the definition of a “food facility,” including a cottage food operation, and a church, private club, or other nonprofit association that gives or sells food to its members and guests, and not to the general public, at an event that occurs no more than three days in any 90 day period. [HSC §113789]
3. Establishes requirements for satellite food services, including requiring satellite food service only be operated by a fully enclosed permanent food facility that meets the requirements for food preparation and service and that is responsible for servicing the satellite food service operation; that the permitholder of the permanent food facility submit to the enforcement agency written standard operating procedures prior to conducting the service, as specified; that all food preparation be conducted within a food compartment or fully enclosed facility; and, that service areas have overhead protection that extends over all food handling areas. [HSC §114067]
4. Prohibits a grease trap or grease interceptor from being located in a food or utensil handling area unless specifically approved by the enforcement agency. [HSC §114201]
5. Requires grease traps and grease interceptors to be easily accessible for servicing. [HSC §114201]
6. Requires a food facility at all times to be constructed, equipped, maintained, and operated as to prevent the entrance and harborage of animals, birds, and vermin, including, but not limited to, rodents and insects.
   
7. Requires the premises of each food facility to be kept free of vermin. [HSC §114259.1]
   
8. Requires passthrough window service openings to be limited to 216 square inches each. Prohibits service openings being closer together than 18 inches. Requires each opening to be provided with a solid or screened window, equipped with a self-closing device. Requires screening to be at least 16 mesh per square inch. Authorizes passthrough windows of up to 432 square inches be approved if equipped with an air curtain device. Requires counter surface of the service openings to be smooth and easily cleanable. [HSC §114259.2]
9. Requires the walls and ceilings of all rooms to be of a durable, smooth, nonabsorbent, and easily cleanable surface, except for:
   1. Walls and ceilings of bar areas in which alcoholic beverages are sold or served directly to the consumers, except wall areas adjacent to bar sinks and areas where food is prepared;
   2. Areas where food is stored only in unopened bottles, cans, cartons, sacks, or other original shipping containers;
   3. Dining and sales areas;
   4. Offices;
      
   5. Restrooms that are used exclusively by the consumers, except that the walls and ceilings in the restrooms shall be of a nonabsorbent and washable surface; and,
   6. Dressing rooms, dressing areas, or locker areas. [HSC §114271]
      
10. Requires the Department of Alcoholic Beverage Control (ABC) to administer the provisions of the Alcoholic Beverage Control Act, including the licensing of individuals and businesses in the manufacture, importation, and sale of alcoholic beverages. [Business & Professions Code §23000 et.seq.]
    

FISCAL EFFECT: Unknown. This bill has not yet been analyzed by a fiscal committee.

COMMENTS:

1. PURPOSE OF THIS BILL. According to the author, as small restaurants across California struggle to survive, state action is needed to help facilitate more outdoor dining and small business opportunities, in a manner consistent with public health guidance. The author states that neighborhood restaurants are the backbone of communities across California, but too many are barely hanging on by a thread. The author continues that supporting their start up efforts and operational needs offers a lifeline that can help keep these establishments afloat, and we must do all we can to assist them during these challenging times. The author concludes that this bill ensures that restaurants are fully supported as they continue to innovate their business practices and safely operate.
2. BACKGROUND.
   1. The CRFC. The CRFC is modeled after the federal Food and Drug Administration’s (FDA) Model Food Code (Food Code), which is updated every four years to enhance food safety laws based on the best available science. Between each four-year period, the FDA makes available a Food Code Supplement that updates, modifies, or clarifies certain provisions. The Food Code assists food control jurisdictions at all levels of government by providing them with a scientifically sound technical and legal basis for regulating the retail and food service segment of the industry, such as restaurants, grocery stores, and institutions like nursing homes. Forty-eight states and territories have adopted food codes patterned after the Food Code, representing 80% of the US population.
   2. Impact of COVID-19 on Small Businesses. On March 4, 2020, Governor Newsom declared the COVID-19 pandemic, and asked all restaurants statewide to suspend dine-in service and only allow takeout or delivery food service. Subsequently, there was also an immediate shutdown of indoor tasting rooms, breweries, and bars across the entire state. According to information provided by the author’s office, the COVID-19 pandemic has devastated small businesses in California, with the restaurant industry facing a wave of temporary and permanent closures. As of December 2020, the National Restaurant Association reports that over 110,000 establishments have closed their doors, with 89% of full-service restaurants reporting below normal staffing levels and anticipating additional layoffs. Notably, the restaurant industry employs one of the most diverse workforces in the state, and six out of 10 restaurants in California are owned by people of color.
3. SUPPORT. According to the Independent Hospitality Coalition (IHC), the sponsor of this bill, the COVID-19 pandemic has devastated small businesses in California, for restaurants that survived the pandemic, inflation has been the next devastating hurdle. IHC states that certain outdated building codes and regulations in state and local law create significant barriers for small businesses. IHC states that this bill will provide relief to California’s small businesses by updating regulations that have yet to account for changes in technology, or that are unclear and do not increase worker or customer safety.
   
4. PREVIOUS LEGISLATION.
   1. AB 1217 (Gabriel), Chapter 569, Statutes of 2023 extends until July 1, 2026, the authority of the ABC to permit licensees to exercise license privileges in an expanded license area authorized pursuant to a COVID-19 Temporary Catering Authorization approved in accordance with the Fourth Notice of Regulatory Relief issued by ABC on May 15, 2020. A COVID-19 Temporary Catering Authorization authorizes the on-sale consumption of those alcoholic beverages for which the licensee has on-sale privileges on property adjacent to the licensed premises, under the control of the licensee.
   2. SB 1194 (Allen), Chapter 839, Statutes of 2022, authorizes a local government to require that multiuser public toilet facilities within its jurisdiction be designed, constructed, and identified for use by all genders.
   3. AB 1632 (Weber), Chapter 893, statutes of 2022, requires a place of business open to the general public for the sale of goods that has a toilet facility for its employees to allow any individual who is lawfully on the premises of that place of business to use the employee toilet facility during normal business hours, if certain conditions are met.
   4. AB 61 (Gabriel), Chapter 653, Statutes of 2021, authorized ABC, for 365 days from the date the COVID-19 pandemic state of emergency proclaimed by the Governor was lifted, to allow licensees to continue to exercise license privileges in an expanded licensed area authorized pursuant to a COVID-19 Temporary Catering Authorization, as provided. AB 61 authorizes a permitted food facility to prepare and serve food as a temporary satellite food service without obtaining a separate permit for up to one year after the end of the state of emergency declared in response to the COVID-19 pandemic or until January 1, 2024, whichever came first.
   5. AB 1732 (Ting), Chapter 818, Statutes of 2016, requires businesses, places of public accommodation, or state or local government agencies that offer a single-user toilet facility to be designated as an all-gender toilet facility, as specified, and authorizes an inspector, as specified to inspect for compliance.
5. DOUBLE REFERRAL. This bill is double referred, upon passage in this Committee, this bill will be re-referred to the Assembly Committee on Business and Professions.

REGISTERED SUPPORT / OPPOSITION:

Support

California Restaurant Association

Central City Association

Civil Coffee

Council of Infill Builders

Golden Gate Restaurant Association (GGRA)

Inclusive Action for The City

Independent Hospitality Coalition

Kitchen Culture Recruiting

Last Word Hospitality

Little Tokyo Service Center

Los Angeles County Business Federation (BIZ-FED)

Main Street Business Improvement Association

Public Counsel

Ronan

Santa Monica Chamber of Commerce

Simi Valley Chamber of Commerce

Smorgasburg Ventures LLC

Superfine

West Hollywood Chamber of Commerce

Opposition

None on file.

Analysis Prepared by: Eliza Brooks / HEALTH / (916) 319-2097