SB83ENGROSSED
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SB83
QJMP454-2
By Senator Orr
RFD: Finance and Taxation Education
First Read: 04-Feb-25
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First Read: 04-Feb-25
A BILL
TO BE ENTITLED
AN ACT
Relating to public buildings; to provide requirements
for the installation and maintenance of powered,
height-adjustable, adult-size changing tables in public
bathrooms under certain circumstances; to provide grant award
payments to public entities with preexisting public
facilities; and to encourage the installation of adult-size
changing tables in private sector facilities.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. For the purposes of this act, the following
terms have the following meanings:
(1) PUBLIC BUILDING. A building or appurtenance to a
building designed for public access and maintained for the
public benefit through the use of state or local government
funds.
(2) PUBLIC ENTITY. Has the same meaning as defined in
42 U.S.C. § 12131.
(3) RESPONSIBLE AUTHORITY. An organization, office, or
individual responsible for enforcing code requirements or
approving equipment, materials, installations, or procedures.
Section 2. (a) Beginning January 1, 2028, a public
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Section 2. (a) Beginning January 1, 2028, a public
entity that constructs a new public restroom accessible to
both men and women in a public building, or that totally
renovates an existing public restroom that is accessible to
both men and women in a public building, shall do all of the
following:
(1) Ensure that one or more of the public restrooms has
a powered, height-adjustable, adult-size changing table that
is capable of serving both a baby and an adult.
(2) Provide signage indicating the location of the
public restroom with the changing table.
(3) Revise any existing central directory or map
identifying the location of offices, restrooms, and other
facilities to indicate the location of the public restroom
with the changing table.
(4) Maintain, repair, and replace each changing table
as necessary to ensure safety and ease of use.
(5) Clean each changing table with the same frequency
as the public restrooms located within the facility.
(6) Provide sufficient clear floor space in the
installation of adult-size changing tables to comply with the
requirements of the 2010 Americans with Disabilities Act
standards for accessible design prescribed in 28 C.F.R. §
35.151 and 36 C.F.R. Part 1191, appendices B and D.
(b) Except as otherwise provided in subsection (c),
this section only applies to new construction and to a total
renovation of a restroom for which a permit has been obtained,
for which the cost of renovation is at least five hundred
thousand dollars ($500,000), and that totally removes all
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thousand dollars ($500,000), and that totally removes all
nonstructural interior walls, floor and ceiling finishes,
mechanical systems, electrical systems, and plumbing fixtures
and supply and waste lines. If a public building operated by a
public entity is in compliance with the requirements of this
section at the time of new construction or renovation,
additional changing tables are not required.
(c) The responsible authority may grant an exemption
from the requirements of this section if the responsible
authority determines that any of the following apply:
(1) The installation would not be feasible.
(2) The installation would result in a failure to
comply with the 2010 Americans with Disabilities Act standards
for access for persons with disabilities.
(3) The installation would threaten or destroy the
historic significance of a historic property.
(4) The public building is not frequented by the
public.
(d) This section does not establish a private right of
action.
(e) Beginning October 1, 2030, and every three years
thereafter, the amount provided in subsection (b) shall be
subject to a cost adjustment. The Chief Examiner of the
Department of Examiners of Public Accounts shall adjust the
amount provided in subsection (b) based on the percentage
increase in the Consumer Price Index for the immediately
preceding three-year period, rounded to the nearest thousand
dollars. The Department of Examiners of Public Accounts shall
notify the public of the adjusted dollar amounts by July 1
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notify the public of the adjusted dollar amounts by July 1
before the fiscal year in which the change will take effect.
(e) Public K-12 schools and public institutions of
higher education are exempt from the requirements of this
section, unless the public K-12 school or public institution
of higher education has any area determined by the responsible
authority to be frequented by the public, including, but not
limited to, auditoriums, gymnasiums, stadiums, and sports
halls.
Section 3. (a) Subject to appropriation by the
Legislature, funds shall be appropriated to eligible public
entities for the installation of powered, height-adjustable,
adult-size changing tables in preexisting public restrooms.
(b) In awarding grants, the Legislature shall
prioritize geographical diversity and higher traffic
facilities. Applicants for grants must be public entities
located in this state. The award must be used for facilities
that are open to the public and accessible to both men and
women.
Section 4. The Legislature encourages the private
sector, when totally renovating building facilities and when
constructing new restrooms, to install and maintain powered,
height-adjustable, adult-size changing tables in restrooms
open to the public and accessible to both men and women.
Section 5. This act shall become effective on October
1, 2025.
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1, 2025.
Senate
Read for the first time and referred
to the Senate committee on Finance
and Taxation Education
................04-Feb-25
Read for the second time and placed
on the calendar:
1 amendment
................12-Feb-25
Read for the third time and passed
as amended
Yeas 27
Nays 0
Abstains 0
................27-Feb-25
Patrick Harris,
Secretary.
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