Alabama 2025 Regular Session

Alabama Senate Bill SB83 Compare Versions

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1+SB83INTRODUCED
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33 SB83
4-QJMP454-2
4+QJMP454-1
55 By Senator Orr
66 RFD: Finance and Taxation Education
77 First Read: 04-Feb-25
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12-5 SB83 Engrossed
12+5 QJMP454-1 01/28/2025 OW (L)OW 2025-98
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1414 First Read: 04-Feb-25
15+SYNOPSIS:
16+This bill would require public entities to
17+install and maintain powered, height-adjustable,
18+adult-size changing tables accessible to both males and
19+females in newly constructed or renovated public
20+buildings.
21+This bill would provide for grant award payments
22+to public entities with preexisting public restrooms,
23+subject to appropriation.
24+This bill would also encourage the installation
25+and maintenance of adult-size changing tables in
26+private sector facilities across the state.
1527 A BILL
1628 TO BE ENTITLED
1729 AN ACT
1830 Relating to public buildings; to provide requirements
1931 for the installation and maintenance o f powered,
2032 height-adjustable, adult-size changing tables in public
2133 bathrooms under certain circumstances; to provide grant award
2234 payments to public entities with preexisting public
2335 facilities; and to encourage the installation of adult-size
2436 changing tables in private sector facilities.
25-BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
26-Section 1. For the purposes of this act, the following
27-terms have the following meanings:
28-(1) PUBLIC BUILDING. A building or appurtenance to a
29-building designed for public access and maintained for the
30-public benefit through the use of state or local government
31-funds.
32-(2) PUBLIC ENTITY. Has the same meaning as defined in
33-42 U.S.C. § 12131.
34-(3) RESPONSIBLE AUTHORITY. An organization, office, or
35-individual responsible for enforcing code requirements or
36-approving equipment, materials, installations, or procedures.
37-Section 2. (a) Beginning January 1, 2028, a public
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66+changing tables in private sector facilities.
67+BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
68+Section 1. For the purposes of this act, the following
69+terms have the following meanings:
70+(1) PUBLIC BUILDING. A building or appurtenance to a
71+building designed for public access and maintained for the
72+public benefit through the use of state or local government
73+funds.
74+(2) PUBLIC ENTITY. Has the same meaning as defined in
75+42 U.S.C. § 12131.
76+(3) RESPONSIBLE AUTHORITY. An organization, office, or
77+individual responsible for enforcing code requirements or
78+approving equipment, materials, installations, or procedures.
6779 Section 2. (a) Beginning January 1, 2028, a public
6880 entity that constructs a new public restroom accessible to
6981 both men and women in a public building, or that totally
7082 renovates an existing public restroom that is accessible to
7183 both men and women in a public building, shall do all of the
7284 following:
7385 (1) Ensure that one or more of the public restrooms has
7486 a powered, height-adjustable, adult-size changing table that
7587 is capable of serving both a baby and an adult.
7688 (2) Provide signage indicating the location of the
7789 public restroom with the changing table.
7890 (3) Revise any existing central directory or map
7991 identifying the location of offices, restrooms, and other
8092 facilities to indicate the location of the public restroom
8193 with the changing table.
8294 (4) Maintain, repair, and replace each changing table
83-as necessary to ensure safety and ease of use.
84-(5) Clean each changing table with the same frequency
85-as the public restrooms located within the facility.
86-(6) Provide sufficient clear floor space in the
87-installation of adult-size changing tables to comply with the
88-requirements of the 2010 Americans with Disabilities Act
89-standards for accessible design prescribed in 28 C.F.R. §
90-35.151 and 36 C.F.R. Part 1191, appendices B and D.
91-(b) Except as otherwise provided in subsection (c),
92-this section only applies to new construction and to a total
93-renovation of a restroom for which a permit has been obtained,
94-for which the cost of renovation is at least five hundred
95-thousand dollars ($500,000), and that totally removes all
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124+(4) Maintain, repair, and replace each changing table
125+as necessary to ensure safety and ease of use.
126+(5) Clean each changing table with the same frequency
127+as the public restrooms located within the facility.
128+(6) Provide sufficient clear floor space in the
129+installation of adult-size changing tables to com ply with the
130+requirements of the 2010 Americans with Disabilities Act
131+standards for accessible design prescribed in 28 C.F.R. §
132+35.151 and 36 C.F.R. Part 1191, appendices B and D.
133+(b) Except as otherwise provided in subsection (c),
134+this section only applies to new construction and to a total
135+renovation of a restroom for which a permit has been obtained,
136+for which the cost of renovation is at least five hundred
125137 thousand dollars ($500,000), and that totally removes all
126138 nonstructural interior walls, floor and ceiling finishes,
127139 mechanical systems, electrical systems, and plumbing fixtures
128140 and supply and waste lines. If a public building operated by a
129141 public entity is in compliance with the requirements of this
130142 section at the time of new construction or renovation,
131143 additional changing tables are not required.
132144 (c) The responsible authority may grant an exemption
133145 from the requirements of this section if the responsible
134146 authority determines that any of the following apply:
135147 (1) The installation would not be feasible.
136148 (2) The installation would result in a failure to
137149 comply with the 2010 Americans with Disabilities Act standards
138150 for access for persons with disabilities.
139151 (3) The installation would threaten or destroy the
140152 historic significance of a historic property.
141-(4) The public building is not frequented by the
142-public.
143-(d) This section does not establish a private right of
144-action.
145-(e) Beginning October 1, 2030, and every three years
146-thereafter, the amount provided in subsection (b) shall be
147-subject to a cost adjustment. The Chief Examiner of the
148-Department of Examiners of Public Accounts shall adjust the
149-amount provided in subsection (b) based on the percentage
150-increase in the Consumer Price Index for the immediately
151-preceding three-year period, rounded to the nearest thousand
152-dollars. The Department of Examiners of Public Accounts shall
153-notify the public of the adjusted dollar amounts by July 1
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183-notify the public of the adjusted dollar amounts by July 1
184-before the fiscal year in which the change will take effect.
185-(e) Public K-12 schools and public institutions of
186-higher education are exempt from the requirements of this
187-section, unless the public K-12 school or public institution
188-of higher education has any area determined by the responsible
189-authority to be frequented by the public, including, but not
190-limited to, auditoriums, gymnasiums, stadiums, and sports
191-halls.
182+historic significance of a historic property.
183+(4) The public building is not frequented by the
184+public.
185+(d) This section does not establish a private right of
186+action.
192187 Section 3. (a) Subject to appropriation by the
193188 Legislature, funds shall be appropriated to eligible public
194189 entities for the installation of powered, height-adjustable,
195190 adult-size changing tables in preexisting public restrooms.
196191 (b) In awarding grants, the Legislature shall
197192 prioritize geographical diversity and higher traffic
198193 facilities. Applicants for grants must be public entities
199194 located in this state. The award must be used for facilities
200195 that are open to the public and accessible to both men and
201196 women.
202197 Section 4. The Legislature encourages the private
203198 sector, when totally renovating building facilities and when
204199 constructing new restrooms, to install and maintain powered,
205200 height-adjustable, adult-size changing tables in restrooms
206201 open to the public and accessible to both men and women.
207202 Section 5. This act shall become effective on October
208203 1, 2025.
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235-1, 2025.
236-Senate
237-Read for the first time and referred
238-to the Senate committee on Finance
239-and Taxation Education
240-................04-Feb-25
241-Read for the second time and placed
242-on the calendar:
243- 1 amendment
244-................12-Feb-25
245-Read for the third time and passed
246-as amended
247-Yeas 27
248-Nays 0
249-Abstains 0
250-................27-Feb-25
251-Patrick Harris,
252-Secretary.
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