HomeMy WebLinkAboutMINUTES - 06092015 - C.40RECOMMENDATION(S):
ADOPT a "Support" position on AB 662 (Bonilla), as amended: Public Accommodation: Disabled Adults, a bill that
would expand public restroom accommodations to meet the health and safety needs of individuals with physical
disabilities.
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
At its May 7, 2015 meeting, the Legislation Committee considered the recommendation from the Employment and
Human Services Director to recommend a position of "Support" to the Board of Supervisors on AB 662.
Assembly Bill (AB) 662 would expand public restroom accommodations to meet the health and safety needs of
individuals with physical disabilities. This bill requires newly constructed commercial places of public amusement
including auditoriums, convention centers, exhibition halls, sports arenas, and theaters that serve over 1, 000 people
on a daily basis to install an adult changing station for people with physical disabilities. This requirement applies to
all new construction as of January 1, 2019. AB 662 also requires that renovations of restrooms in commercial places
of public amusement to install an adult changing station. This requirement would go into effect on January 1, 2029.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 06/09/2015 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I
Supervisor
Candace Andersen, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
ABSENT:Federal D. Glover, District V
Supervisor
Contact: L. DeLaney, 925-335-1097
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: June 9, 2015
David Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 40
To:Board of Supervisors
From:LEGISLATION COMMITTEE
Date:June 9, 2015
Contra
Costa
County
Subject:AB 662 (Bonilla) Public Accommodation: Disabled Adults
BACKGROUND: (CONT'D)
Introduced:02/24/2015
Last Amend:04/28/2015
Disposition:Pending
Location:Assembly Appropriations Committee
Status:05/06/2015 In ASSEMBLY Committee on APPROPRIATIONS: To Suspense File.
SUMMARY:
This bill requires the adoption of building standards regarding the provision of adult changing stations within
commercial places of public amusement, as defined. Specifically, this bill:
1) Requires the Division of the State Architect (DSA), the State Building Standards Commission (BSC), or other
appropriate state entity, by January 1, 2020, to adopt regulations requiring a commercial place of public amusement to
install at least one adult changing station—an adult changing table within an enclosed restroom for use by individuals
with physical disabilities who need assistance with diapering.
2) Makes the regulations applicable to new construction after January 1, 2020, and to renovation of existing restrooms
costing over $10,000, after January 1, 2029.
3) Defines commercial place of public amusement as an auditorium, convention center, cultural complex, exhibition
hall, permanent amusement park structure, sport arena, theater or movie house with capacity has an occupancy of at
least 1,000 people.
FISCAL EFFECT:
One-time special fund cost to DSA of $150,000 to $175,000 in 2017-18 to research and develop the regulations
through the adoption process. [Disability Access Account]
COMMENTS:
Purpose . The idea for this bill originated from Alisa Rosillo, a Concord resident and mother of two teenage
wheelchair-bound boys. Because her young adults require diaper changing, she is forced to limit her excursions to less
than four hours or be forced to change them on the floor. The ADA does not require this type of facility, but it is
estimated that over 53,000 disabled persons could benefit from adult diaper changing facilities.
Special education departments in school districts provide for restroom accommodations, including a changing table
and a lift, so students with disabilities can comfortably and safely attend to their needs. Disneyland and the Disney
California Adventure Park offer adult diaper changing facilities that are reportedly used dozens of times daily without
incident. It is unclear how many facilities would be impacted by this bill, however, the long delay in implementation is
intended to provide ample time for impacted building owners to comply.
CONSEQUENCE OF NEGATIVE ACTION:
Contra Costa County would not have a position on the bill.
ATTACHMENTS Attachment A - Bill Text Attachment B - Sample Support Letter
[Date]
The Honorable Assemblymember Susan A. Bonilla
State Capitol, Room 4140
Sacramento, CA 95814
SUBJECT: AB 662 (Bonilla) – Expanding Access for Individuals with Physical Disabilities - Support
Dear Assemblymember Bonilla:
[Your name or organization] strongly supports your bill, Assembly Bill (AB) 662. This bill expands public
restroom accommodations to meet the health and safety needs of individuals with physical disabilities. This bill
requires newly constructed commercial places of public amusement including auditoriums, convention centers,
exhibition halls, sports arenas, and theaters that serve over 1, 000 people on a daily basis to install an adult
changing station for people with physical disabilities. This requirement applies to all new construction as of
January 1, 2019. AB 662 also requires that renovations of restrooms in commercial places of public amusement
to install an adult changing station. This requirement would go into effect on January 1, 2029.
Currently, there is a lack of adequate restroom accommodations for individuals with physical disabilities
including cerebral palsy, spina bifida, traumatic brain injury, and multiple sclerosis.
[Please tell your organization’s story or experience here.]
The inclusion of people with disabilities in our community and their participation in activities such as sporting
events, concerts, and other forms of entertainment enhances their quality of life. However, participation in these
activities requires adequate restroom accommodations.
By expanding public restroom accommodations to include an adult changing table in large occupancy buildings
such as auditoriums, convention centers, exhibition halls, sports arenas, and theaters we are ensuring that
individuals with physical disabilities and their families are given the dignity and basic human right to maintain
their health.
For these reasons, [your organization] supports AB 662. If you have any questions about our position, please
contact [name, title], at [phone/email].
Sincerely,
[Name]
Attachment B
AMENDED IN ASSEMBLY APRIL 28, 2015
AMENDED IN ASSEMBLY APRIL 14, 2015
california legislature—2015–16 regular session
ASSEMBLY BILL No. 662
Introduced by Assembly Member Bonilla
February 24, 2015
An act to amend Section 19954.5 of, and to add Section 19952.5 to,
the Health and Safety Code, relating to public accommodation.
legislative counsel’s digest
AB 662, as amended, Bonilla. Public accommodation: disabled adults:
changing facilities.
The federal Americans with Disabilities Act of 1990 and the California
Building Standards Code require that specified buildings, structures,
and facilities be accessible to, and usable by, persons with disabilities.
Existing law requires, among others, any person who owns or manages
a place of public amusement and resort to provide seating or
accommodations for physically disabled persons in a variety of locations
within the facility, as specified. Existing law authorizes the district
attorney, the city attorney, the Attorney General or, in certain instances,
the Department of Rehabilitation acting through the Attorney General,
to bring an action to enjoin a violation of prescribed requirements
relating to access to buildings by disabled persons.
This bill would would, by January 1, 2020, require the Division of
the State Architect, the California Building Standards Commission, or
other appropriate state regulatory entity to adopt regulations requiring
a commercial place of public amusement that is required by regulation
to have more than 13 water closets installed amusement, as defined,
97
Attachment A
that is constructed on or after January 1, 2020, or that renovates a
bathroom on or after January 1, 2029, to install and maintain at least
one adult changing station, as defined, for a person with a physical
disability, as specified. The bill would also make conforming changes.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 19952.5 is added to the Health and Safety
line 2 Code, to read:
line 3 19952.5. (a) (1) A commercial place of public amusement
line 4 that is required by regulation to have more than 13 water closets
line 5 installed to meet public health and safety requirements, shall install
line 6 and maintain at least one adult changing station for persons with
line 7 a physical disability that is accessible to both men and women
line 8 when the facility is open to the public. Each station shall include
line 9 signage at or near the entrance to the station indicating the location
line 10 of the adult changing station. If there is a central directory
line 11 identifying, for the benefit of the public, the location of offices,
line 12 restrooms, and other facilities in the building, that central directory
line 13 shall indicate the location of the adult changing station.
line 14 (2) This section applies to all new construction on or after
line 15 January 1, 2020, and to all renovations of bathrooms on or after
line 16 January 1, 2029, if a permit has been obtained or the estimated
line 17 cost of the renovation is ten thousand dollars ($10,000) or more.
line 18 (b) For purposes of this section, the following shall apply:
line 19 (1) “A commercial place of public amusement” includes an
line 20 auditorium, convention center, cultural complex, exhibition hall,
line 21 permanent amusement park structure, sports arena, or theater or
line 22 movie house.
line 23 (2) “Adult changing station” means an adult changing table
line 24 placed within an enclosed restroom facility that is for use by
line 25 persons with physical disabilities who need help with diapering.
line 26 (3) “Physical disability” means a mental or physical disability,
line 27 as described in Section 12926 of the Government Code.
line 28 SECTION 1. Section 19952.5 is added to the Health and Safety
line 29 Code, to read:
line 30 19952.5. (a) By January 1, 2020, the Division of the State
line 31 Architect, the California Building Standards Commission, or other
97
— 2 —AB 662
Attachment A
line 1 appropriate state regulatory entity shall adopt regulations
line 2 requiring a commercial place of amusement to install and maintain
line 3 at least one adult changing station for persons with a physical
line 4 disability that is accessible to both men and women when the
line 5 facility is open to the public.
line 6 (b) The regulations adopted pursuant to this section shall
line 7 contain the following:
line 8 (1) An installation and maintenance requirement for both of the
line 9 following:
line 10 (A) A new construction occurring on or after January 1, 2020.
line 11 (B) A renovation of a restroom occurring on or after January
line 12 1, 2029, if the renovation requires a permit or if the estimated cost
line 13 of the renovation is ten thousand dollars ($10,000) or more.
line 14 (2) A requirement that the entrance to each station has
line 15 conspicuous signage indicating the location of the station.
line 16 (3) A requirement that, if there is a central directory, the central
line 17 directory indicate the location of the adult changing station.
line 18 (c) The Division of the State Architect, the California Building
line 19 Standards Commission, or other appropriate state regulatory
line 20 entity may modify the regulations adopted pursuant to this section
line 21 to conform to existing laws, regulations, and ordinances.
line 22 (d) For purposes of this section, all of the following definitions
line 23 shall apply:
line 24 (1) “Commercial place of public amusement” means an
line 25 auditorium, convention center, cultural complex, exhibition hall,
line 26 permanent amusement park structure, sports arena, or theater or
line 27 movie house that has a minimum occupancy of 1,000 people.
line 28 (2) “Adult changing station” means an adult changing table
line 29 placed within an enclosed restroom facility that is for use by
line 30 persons with physical disabilities who need help with diapering.
line 31 (3) “Physical disability” means a mental or physical disability,
line 32 as described in Section 12926 of the Government Code.
line 33 SEC. 2. Section 19954.5 of the Health and Safety Code is
line 34 amended to read:
line 35 19954.5. If a violation of Section 19952, 19952.5, 19953, or
line 36 19954 is alleged or the application or construction of any of these
line 37 sections is in issue in any proceeding in the Supreme Court of
line 38 California, a state court of appeal, or the appellate division of a
line 39 superior court, each party shall serve a copy of the party’s brief or
line 40 petition and brief, on the State Solicitor General at the Office of
97
AB 662— 3 — Attachment A
line 1 the Attorney General. A brief may not be accepted for filing unless
line 2 the proof of service shows service on the State Solicitor General.
line 3 Any party failing to comply with this requirement shall be given
line 4 a reasonable opportunity to cure the failure before the court
line 5 imposes any sanction and, in that instance, the court shall allow
line 6 the Attorney General reasonable additional time to file a brief in
line 7 the matter.
O
97
— 4 —AB 662
Attachment A