Arizona 2025 Regular Session

Arizona House Bill HB2922 Compare Versions

Only one version of the bill is available at this time.

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1	1	REFERENCE TITLE: public accommodations; adult changing stations State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025 HB 2922 Introduced by Representative Pea AN ACT Amending section 41-1444, Arizona Revised Statutes; amending title 41, chapter 14, article 1, Arizona Revised Statutes, by adding section 41-1970; relating to public accommodations. (TEXT OF BILL BEGINS ON NEXT PAGE)
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9	9	REFERENCE TITLE: public accommodations; adult changing stations
10	10	State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025
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64	64	AN ACT
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68	68	Amending section 41-1444, Arizona Revised Statutes; amending title 41, chapter 14, article 1, Arizona Revised Statutes, by adding section 41-1970; relating to public accommodations.
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78	78	Be it enacted by the Legislature of the State of Arizona: Section 1. Section 41-1444, Arizona Revised Statutes, is amended to read: START_STATUTE41-1444. Changing stations; public buildings; adult changing station requirements; violation; civil penalty; definitions A. A public entity that constructs a new restroom that is accessible to the public in a public building or on public land that is leased, sublet or rented to a private entity or that totally renovates an existing restroom that is accessible to both men and women and to the public in a public building or on public land shall: 1. Include in at least one restroom in each building at least one changing station that is capable of serving both a baby and an adult, and that is accessible to both men and women and that is within the privacy of a stall or in a separate room if privacy may not be GUARANTEED. 2. Provide signage at or near the entrance to the changing station indicating the location of the changing station. 3. Indicate the location of the changing station in the central building directory, if such a directory exists. B. The responsible authority may grant an exemption from the requirements of this section if the responsible authority determines that: 1. Any of the following would apply to the installation of a changing station that is capable of serving both a baby and an adult: (a) The installation would not be feasible. (b) The installation would result in a failure to comply with the Americans with disabilities act standards for access for persons with disabilities. (c) The installation would threaten or destroy the historic significance of a historic property. 2. The public building is not frequented by the public. C. The installation of a changing station under this section must provide sufficient clear floor space to comply with the requirements of the 2010 Americans with disabilities act standards for accessible design. D. Adult changing stations shall be: 1. provided in all of the following locations: (a) In assembly and mercantile establishments that have family or assisted-use toilets or bathing rooms. (b) POSTsecondary educational facilities where at least twelve or more male and female water closets are required to serve the facilities. (c) occupancies used for assembly purposes that require at least six or more male and female water closets. (d) highway rest stops and highway service plazas. 2. located in restrooms that include only one water closet and only one lavatory. Fixtures located in the restrooms pursuant to this paragraph must be included in determining the number of fixtures provided in an occupancy. The occupants shall have access to the adult changing station at all times when the occupancy is occupied. 3. located on an accessible route where a person is not more than two stories above or below the story with the adult changing station and the path of travel to the adult changing STATION facility is not more than two thousand feet. F. A public entity may not require TRAVEL THROUGH A SECURITY CHECKPOINT TO ACCESS an ADULT CHANGING STATION. G. If a public entity violates this section, the public entity shall be subject to a $1,000 civil penalty. the civil penalty shall be assessed every three months until the public entity complies with the requirements of this section. The monies collected PURSUANT TO this subsection shall be deposited in the developmental DISABILITIES GRANT fund established by section 41-1970. D. H. This section does not establish a private right of action. E. I. For the purposes of this section: 1. "Public building" means a building or appurtenance to a building that is built in whole or in part with public monies. 2. "Public entity" means any: (a) State or local government. (b) Department, agency, special purpose district or other instrumentality of a state or local government, including the legislature. 3. "Responsible authority" means an organization, office or individual responsible for enforcing the requirements of a code or standard or for approving equipment, materials, an installation or a procedure. 4. "Totally renovates" means to perform construction that is at least $50,000 and that totally removes or moves or changes the location of all nonstructural interior walls, floor and ceiling finishes, mechanical systems, electrical systems and plumbing fixtures and supply and waste lines. 5. "2010 Americans with disabilities act standards for accessible design" means the 2010 standards for state and local government facilities prescribed in 28 Code of Federal Regulations section 35.151 and 36 Code of Federal Regulations part 1191, appendices B and D. 6. "Water closet" has the same meaning prescribed in section 45-311. END_STATUTE Sec. 2. Title 41, chapter 14, article 1, Arizona Revised Statutes, is amended by adding section 41-1970, to read: START_STATUTE41-1970. Developmental disabilities grant fund The Developmental disabilities grant fund is established consisting of monies collected pursuant to section 41-1444. Monies in the fund are continuously appropriated and ARE EXEMPT FROM THE PROVISIONS OF SECTION 35-190 RELATING TO LAPSING OF APPROPRIATIONs. The department shall administer the fund and distribute monies from the fund to FAMILIES of children with a DISABILITY. The department shall ESTABLISH the eligibility criteria and any rules necessary to implement the grant fund. END_STATUTE
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80	80	Be it enacted by the Legislature of the State of Arizona:
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82	82	Section 1. Section 41-1444, Arizona Revised Statutes, is amended to read:
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84	84	START_STATUTE41-1444. Changing stations; public buildings; adult changing station requirements; violation; civil penalty; definitions
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86	86	A. A public entity that constructs a new restroom that is accessible to the public in a public building or on public land that is leased, sublet or rented to a private entity or that totally renovates an existing restroom that is accessible to both men and women and to the public in a public building or on public land shall:
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88	88	1. Include in at least one restroom in each building at least one changing station that is capable of serving both a baby and an adult, and that is accessible to both men and women and that is within the privacy of a stall or in a separate room if privacy may not be GUARANTEED.
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90	90	2. Provide signage at or near the entrance to the changing station indicating the location of the changing station.
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92	92	3. Indicate the location of the changing station in the central building directory, if such a directory exists.
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94	94	B. The responsible authority may grant an exemption from the requirements of this section if the responsible authority determines that:
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96	96	1. Any of the following would apply to the installation of a changing station that is capable of serving both a baby and an adult:
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98	98	(a) The installation would not be feasible.
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100	100	(b) The installation would result in a failure to comply with the Americans with disabilities act standards for access for persons with disabilities.
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102	102	(c) The installation would threaten or destroy the historic significance of a historic property.
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104	104	2. The public building is not frequented by the public.
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106	106	C. The installation of a changing station under this section must provide sufficient clear floor space to comply with the requirements of the 2010 Americans with disabilities act standards for accessible design.
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108	108	D. Adult changing stations shall be:
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110	110	1. provided in all of the following locations:
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112	112	(a) In assembly and mercantile establishments that have family or assisted-use toilets or bathing rooms.
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114	114	(b) POSTsecondary educational facilities where at least twelve or more male and female water closets are required to serve the facilities.
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116	116	(c) occupancies used for assembly purposes that require at least six or more male and female water closets.
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118	118	(d) highway rest stops and highway service plazas.
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120	120	2. located in restrooms that include only one water closet and only one lavatory. Fixtures located in the restrooms pursuant to this paragraph must be included in determining the number of fixtures provided in an occupancy. The occupants shall have access to the adult changing station at all times when the occupancy is occupied.
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122	122	3. located on an accessible route where a person is not more than two stories above or below the story with the adult changing station and the path of travel to the adult changing STATION facility is not more than two thousand feet.
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124	124	F. A public entity may not require TRAVEL THROUGH A SECURITY CHECKPOINT TO ACCESS an ADULT CHANGING STATION.
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126	126	G. If a public entity violates this section, the public entity shall be subject to a $1,000 civil penalty. the civil penalty shall be assessed every three months until the public entity complies with the requirements of this section. The monies collected PURSUANT TO this subsection shall be deposited in the developmental DISABILITIES GRANT fund established by section 41-1970.
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128	128	D. H. This section does not establish a private right of action.
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130	130	E. I. For the purposes of this section:
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132	132	1. "Public building" means a building or appurtenance to a building that is built in whole or in part with public monies.
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134	134	2. "Public entity" means any:
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136	136	(a) State or local government.
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138	138	(b) Department, agency, special purpose district or other instrumentality of a state or local government, including the legislature.
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140	140	3. "Responsible authority" means an organization, office or individual responsible for enforcing the requirements of a code or standard or for approving equipment, materials, an installation or a procedure.
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142	142	4. "Totally renovates" means to perform construction that is at least $50,000 and that totally removes or moves or changes the location of all nonstructural interior walls, floor and ceiling finishes, mechanical systems, electrical systems and plumbing fixtures and supply and waste lines.
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144	144	5. "2010 Americans with disabilities act standards for accessible design" means the 2010 standards for state and local government facilities prescribed in 28 Code of Federal Regulations section 35.151 and 36 Code of Federal Regulations part 1191, appendices B and D.
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146	146	6. "Water closet" has the same meaning prescribed in section 45-311. END_STATUTE
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148	148	Sec. 2. Title 41, chapter 14, article 1, Arizona Revised Statutes, is amended by adding section 41-1970, to read:
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150	150	START_STATUTE41-1970. Developmental disabilities grant fund
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152	152	The Developmental disabilities grant fund is established consisting of monies collected pursuant to section 41-1444. Monies in the fund are continuously appropriated and ARE EXEMPT FROM THE PROVISIONS OF SECTION 35-190 RELATING TO LAPSING OF APPROPRIATIONs. The department shall administer the fund and distribute monies from the fund to FAMILIES of children with a DISABILITY. The department shall ESTABLISH the eligibility criteria and any rules necessary to implement the grant fund. END_STATUTE