California Senate Bill SB1358 Amended / Bill

 BILL NUMBER: SB 1358AMENDED BILL TEXT AMENDED IN SENATE MARCH 28, 2014 INTRODUCED BY Senator Wolk FEBRUARY 21, 2014 An act  to add Sections 15805 and 50535 to the Government Code, and  to amend Section 114276 of  , and to add Section 118506 to,  the Health and Safety Code, relating to  food facilities.   public accommodations.  LEGISLATIVE COUNSEL'S DIGEST SB 1358, as amended, Wolk.  Food facilities: clean toilet facilities.  Baby diaper changing stations.   (1) Existing law establishes various requirements on state and local agencies, including requirements governing public buildings.   This bill would require new construction or renovation of a public building, as specified, that is owned by a state or a local agency, or a portion of a building that is owned by a state or local agency and includes at least one restroom that is open to the public, to provide on each floor level containing one or more restrooms that are accessible to the public at least one safe, sanitary, and convenient baby diaper changing station, as specified. The bill would require each station to be maintained, repaired, and replaced as necessary to ensure safety and ease of use, and to be cleaned with the same frequency as the restroom in which it is located. By imposing a higher level of service on local agencies, the bill would impose a state-mandated local program.   Existing   (2)     Existing  law, the California Retail Food Code, establishes uniform health and sanitation standards for retail food facilities and provides for the enforcement of those standards by local health agencies and by the State Department of Public Health, as specified. Among other sanitation standards, the code requires a permanent food facility to provide clean toilet facilities in good repair for consumers, guests, or invitees if the food facility was constructed after July 1, 1984, and has more than 20,000 square feet of floor space.  A violation of these provisions is a crime.  This bill would  make technical, nonsubstantive changes to that provision.   require that a baby changing table be provided within or adjacent to toilet rooms unless the addition of a baby changing table would result in noncompliance with a law relating to access for persons with disabilities, as determined by the local health inspector. The bill would   provide that a   violation of this requirement is not a crime. By imposing a higher level of services on local health agencies, the bill would impose a state-mandated local program.   (3) Existing law requires publicly and privately owned facilities where the public congregates to be equipped with sufficient restrooms to met the need of the public at peak hours.   This bill would require various facilities, including a theater, sports arena, or library to install and maintain at least one baby diaper changing station if the facility is open to the public, as specified. The bill would provide that a civil penalty may be imposed for a violation of this requirement, as specified.   (4) The bill would set forth findings and declarations stating that ensuring that safe, sanitary, and convenient baby diaper changing stations are widely available throughout the state is a matter of statewide concern.   (5) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.   This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.  Vote: majority. Appropriation: no. Fiscal committee:  no  yes  . State-mandated local program:  no   yes  . THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 15805 is added to the   Government Code   , to read:   15805. (a) A public building that is owned by a state agency, or a portion of a building that is owned by the state and includes at least one restroom that is open to the public, shall provide on each floor level containing one or more restrooms that are accessible to the public at least one safe, sanitary, and convenient baby diaper changing station that is accessible to women entering a restroom provided for use by women and at least one safe, sanitary, and convenient baby diaper changing station that is accessible to men entering a restroom provided for use by men. Each station shall include signage at or near the entrance to the station indicating the location of the baby diaper changing station. If there is a central directory identifying for the benefit of the public the location of offices, restrooms, and other facilities in the building, that central directory shall indicate the location of the baby diaper changing stations. Each baby diaper changing station shall be maintained, repaired, and replaced as necessary to ensure safety and ease of use, and shall be cleaned with the same frequency as the restroom in which it is located. (b) Subdivision (a) applies to all new construction and all renovations in which the estimated cost of the renovation is fifty thousand dollars ($50,000) or more.   SEC. 2.   Section 50535 is added to the   Government Code   , to read:   50535. (a) A public building that is owned by a local agency, or a portion of a building that is owned by a local agency and includes at least one restroom that is open to the public, shall provide on each floor level containing one or more restrooms that are accessible to the public at least one safe, sanitary, and convenient baby diaper changing station that is accessible to women entering a restroom provided for use by women and at least one safe, sanitary, and convenient baby diaper changing station that is accessible to men entering a restroom provided for use by men. Each station shall include signage at or near the entrance to the station indicating the location of the baby diaper changing station. If there is a central directory identifying for the benefit of the public the location of offices, restrooms, and other facilities in the building, that central directory shall indicate the location of the baby diaper changing stations. Each baby diaper changing station shall be maintained, repaired, and replaced as necessary to ensure safety and ease of use, and shall be cleaned with the same frequency as the restroom in which it is located. (b) Subdivision (a) applies to all new construction and all renovations in which the estimated cost of the renovation is fifty thousand dollars ($50,000) or more.   SECTION 1.   SEC. 3.  Section 114276 of the Health and Safety Code is amended to read: 114276. (a) A permanent food facility shall provide clean toilet facilities in good repair for use by employees. (b) (1) A permanent food facility shall provide clean toilet facilities in good repair for consumers, guests, or invitees when there is onsite consumption of foods or if the food facility was constructed after July 1, 1984, and has more than 20,000 square feet of floor space. (2) Notwithstanding Section 113984.1, toilet facilities that are provided for use by consumers, guests, or invitees shall be in a location where consumers, guests, and invitees do not pass through food preparation, food storage, or utensil washing areas to reach the toilet facilities. (3) For purposes of this section, a building subject to paragraph (1) that has a food facility with more than 20,000 square feet of floor space shall provide at least one separate toilet facility for men and one separate toilet facility for women. (4) For purposes of this section, the gas pump area of a service station that is maintained in conjunction with a food facility  shall   is  not  be considered as  property used in connection with the food facility  or   and shall not  be  considered   included  in determining the square footage of floor space of the food facility. (c) (1) Toilet rooms shall be separated by well-fitted, self-closing doors that prevent the passage of flies, dust, or odors. (2) Toilet room doors shall be kept closed, except during cleaning and maintenance operations. (d)    (1)  Handwashing facilities, in good repair, shall be provided as specified in Sections 113953 and 113953.3.  (2) A baby changing table shall be provided within or adjacent to toilet rooms unless the addition of a baby changing table would result in noncompliance with a law relating to access for persons with disabilities, as determined by the local health inspector. Notwithstanding Section 114395, a violation of this provision is not a crime.  (e) A city, county, or city and county may enact ordinances that are more protective of the public health than this section. (f) (1) Except as provided in paragraph (1) of subdivision (b), any building that is constructed before January 1, 2004, that has a food facility that provides space for the consumption of food on the premises shall either provide clean toilet facilities in good repair for consumers, guests, or invitees on property used in connection with, or in, the food facility or prominently post a sign within the food facility in a public area stating that toilet facilities are not provided. (2) The first violation of paragraph (1) shall result in a warning. Subsequent violations shall constitute an infraction punishable by a fine of not more than two hundred fifty dollars ($250). (3) The requirements of this section for toilet facilities that are accessible to consumers, guests, or invitees on the property may be satisfied by permitting access by those persons to the toilet and handwashing facilities that are required by this part.  SEC. 4.   Section 118506 is added to the   Health and Safety Code   , to read:   118506. (a) A theater or movie house, sports arena, auditorium, cultural complex, exhibition hall, library, passenger terminal, permanent amusement park structure, restaurant with a seating capacity of at least 50 seats, except as described in subdivision (b), shopping center of more than 25,000 square feet, tourist attraction, or retail store of more than 5,000 square feet shall install and maintain at least one baby diaper changing station if the facility is open to the public. There shall be at least one station that is accessible to women entering a restroom provided for use by women and one that is accessible to men entering a restroom provided for use by men. (b) For purposes of this section, a "restaurant with a seating capacity of at least 50 seats" does not apply to a restaurant if there is centrally located facility with a baby diaper changing station located within 300 feet of the entrance to the restaurant. (c) This section shall not be enforceable by a private right of action. (d) A civil penalty not to exceed two hundred fifty dollars ($250) may be imposed for each violation of this section. The penalty may be recovered in a civil action brought by the Attorney General, or the district attorney or city attorney, or by a city prosecutor in a city and county.   SEC. 5.   The Legislature finds and declares that ensuring that safe, sanitary, and convenient baby diaper changing stations are widely available throughout the state is a matter of statewide concern, and not a municipal affair. Therefore, Section 1 of this act is applicable to the University of California and Section 2 of this act is applicable to charter cities, charter counties, and charter cities and counties.   SEC.   6.   If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.