| 15 | + | SYNOPSIS: |
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| 16 | + | This bill would require public entities to |
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| 17 | + | install and maintain powered, height-adjustable, |
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| 18 | + | adult-size changing tables accessible to both males and |
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| 19 | + | females in newly constructed or renovated public |
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| 20 | + | buildings. |
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| 21 | + | This bill would provide for grant award payments |
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| 22 | + | to public entities with preexisting public restrooms, |
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| 23 | + | subject to appropriation. |
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| 24 | + | This bill would also encourage the installation |
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| 25 | + | and maintenance of adult-size changing tables in |
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| 26 | + | private sector facilities across the state. |
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25 | | - | BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: |
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26 | | - | Section 1. For the purposes of this act, the following |
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27 | | - | terms have the following meanings: |
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28 | | - | (1) PUBLIC BUILDING. A building or appurtenance to a |
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29 | | - | building designed for public access and maintained for the |
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30 | | - | public benefit through the use of state or local government |
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31 | | - | funds. |
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32 | | - | (2) PUBLIC ENTITY. Has the same meaning as defined in |
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33 | | - | 42 U.S.C. § 12131. |
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34 | | - | (3) RESPONSIBLE AUTHORITY. An organization, office, or |
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35 | | - | individual responsible for enforcing code requirements or |
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36 | | - | approving equipment, materials, installations, or procedures. |
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37 | | - | Section 2. (a) Beginning January 1, 2028, a public |
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| 66 | + | changing tables in private sector facilities. |
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| 67 | + | BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: |
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| 68 | + | Section 1. For the purposes of this act, the following |
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| 69 | + | terms have the following meanings: |
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| 70 | + | (1) PUBLIC BUILDING. A building or appurtenance to a |
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| 71 | + | building designed for public access and maintained for the |
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| 72 | + | public benefit through the use of state or local government |
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| 73 | + | funds. |
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| 74 | + | (2) PUBLIC ENTITY. Has the same meaning as defined in |
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| 75 | + | 42 U.S.C. § 12131. |
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| 76 | + | (3) RESPONSIBLE AUTHORITY. An organization, office, or |
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| 77 | + | individual responsible for enforcing code requirements or |
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| 78 | + | approving equipment, materials, installations, or procedures. |
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67 | 79 | | Section 2. (a) Beginning January 1, 2028, a public |
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68 | 80 | | entity that constructs a new public restroom accessible to |
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69 | 81 | | both men and women in a public building, or that totally |
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70 | 82 | | renovates an existing public restroom that is accessible to |
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71 | 83 | | both men and women in a public building, shall do all of the |
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72 | 84 | | following: |
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73 | 85 | | (1) Ensure that one or more of the public restrooms has |
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74 | 86 | | a powered, height-adjustable, adult-size changing table that |
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75 | 87 | | is capable of serving both a baby and an adult. |
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76 | 88 | | (2) Provide signage indicating the location of the |
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77 | 89 | | public restroom with the changing table. |
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78 | 90 | | (3) Revise any existing central directory or map |
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79 | 91 | | identifying the location of offices, restrooms, and other |
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80 | 92 | | facilities to indicate the location of the public restroom |
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81 | 93 | | with the changing table. |
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82 | 94 | | (4) Maintain, repair, and replace each changing table |
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83 | | - | as necessary to ensure safety and ease of use. |
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84 | | - | (5) Clean each changing table with the same frequency |
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85 | | - | as the public restrooms located within the facility. |
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86 | | - | (6) Provide sufficient clear floor space in the |
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87 | | - | installation of adult-size changing tables to comply with the |
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88 | | - | requirements of the 2010 Americans with Disabilities Act |
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89 | | - | standards for accessible design prescribed in 28 C.F.R. § |
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90 | | - | 35.151 and 36 C.F.R. Part 1191, appendices B and D. |
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91 | | - | (b) Except as otherwise provided in subsection (c), |
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92 | | - | this section only applies to new construction and to a total |
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93 | | - | renovation of a restroom for which a permit has been obtained, |
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94 | | - | for which the cost of renovation is at least five hundred |
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95 | | - | thousand dollars ($500,000), and that totally removes all |
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| 124 | + | (4) Maintain, repair, and replace each changing table |
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| 125 | + | as necessary to ensure safety and ease of use. |
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| 126 | + | (5) Clean each changing table with the same frequency |
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| 127 | + | as the public restrooms located within the facility. |
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| 128 | + | (6) Provide sufficient clear floor space in the |
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| 129 | + | installation of adult-size changing tables to com ply with the |
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| 130 | + | requirements of the 2010 Americans with Disabilities Act |
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| 131 | + | standards for accessible design prescribed in 28 C.F.R. § |
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| 132 | + | 35.151 and 36 C.F.R. Part 1191, appendices B and D. |
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| 133 | + | (b) Except as otherwise provided in subsection (c), |
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| 134 | + | this section only applies to new construction and to a total |
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| 135 | + | renovation of a restroom for which a permit has been obtained, |
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| 136 | + | for which the cost of renovation is at least five hundred |
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125 | 137 | | thousand dollars ($500,000), and that totally removes all |
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126 | 138 | | nonstructural interior walls, floor and ceiling finishes, |
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127 | 139 | | mechanical systems, electrical systems, and plumbing fixtures |
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128 | 140 | | and supply and waste lines. If a public building operated by a |
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129 | 141 | | public entity is in compliance with the requirements of this |
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130 | 142 | | section at the time of new construction or renovation, |
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131 | 143 | | additional changing tables are not required. |
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132 | 144 | | (c) The responsible authority may grant an exemption |
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133 | 145 | | from the requirements of this section if the responsible |
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134 | 146 | | authority determines that any of the following apply: |
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135 | 147 | | (1) The installation would not be feasible. |
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136 | 148 | | (2) The installation would result in a failure to |
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137 | 149 | | comply with the 2010 Americans with Disabilities Act standards |
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138 | 150 | | for access for persons with disabilities. |
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139 | 151 | | (3) The installation would threaten or destroy the |
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140 | 152 | | historic significance of a historic property. |
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141 | | - | (4) The public building is not frequented by the |
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142 | | - | public. |
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143 | | - | (d) This section does not establish a private right of |
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144 | | - | action. |
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145 | | - | (e) Beginning October 1, 2030, and every three years |
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146 | | - | thereafter, the amount provided in subsection (b) shall be |
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147 | | - | subject to a cost adjustment. The Chief Examiner of the |
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148 | | - | Department of Examiners of Public Accounts shall adjust the |
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149 | | - | amount provided in subsection (b) based on the percentage |
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150 | | - | increase in the Consumer Price Index for the immediately |
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151 | | - | preceding three-year period, rounded to the nearest thousand |
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152 | | - | dollars. The Department of Examiners of Public Accounts shall |
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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 |
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184 | | - | before the fiscal year in which the change will take effect. |
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185 | | - | (e) Public K-12 schools and public institutions of |
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186 | | - | higher education are exempt from the requirements of this |
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187 | | - | section, unless the public K-12 school or public institution |
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188 | | - | of higher education has any area determined by the responsible |
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189 | | - | authority to be frequented by the public, including, but not |
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190 | | - | limited to, auditoriums, gymnasiums, stadiums, and sports |
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191 | | - | halls. |
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| 182 | + | historic significance of a historic property. |
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| 183 | + | (4) The public building is not frequented by the |
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| 184 | + | public. |
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| 185 | + | (d) This section does not establish a private right of |
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| 186 | + | action. |
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192 | 187 | | Section 3. (a) Subject to appropriation by the |
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193 | 188 | | Legislature, funds shall be appropriated to eligible public |
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194 | 189 | | entities for the installation of powered, height-adjustable, |
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195 | 190 | | adult-size changing tables in preexisting public restrooms. |
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196 | 191 | | (b) In awarding grants, the Legislature shall |
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197 | 192 | | prioritize geographical diversity and higher traffic |
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198 | 193 | | facilities. Applicants for grants must be public entities |
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199 | 194 | | located in this state. The award must be used for facilities |
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200 | 195 | | that are open to the public and accessible to both men and |
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201 | 196 | | women. |
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202 | 197 | | Section 4. The Legislature encourages the private |
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203 | 198 | | sector, when totally renovating building facilities and when |
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204 | 199 | | constructing new restrooms, to install and maintain powered, |
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205 | 200 | | height-adjustable, adult-size changing tables in restrooms |
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206 | 201 | | open to the public and accessible to both men and women. |
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207 | 202 | | Section 5. This act shall become effective on October |
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208 | 203 | | 1, 2025. |
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