California 2021 2021-2022 Regular Session

California Assembly Bill AB1017 Introduced / Bill

Filed 02/18/2021

                    CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1017Introduced by Assembly Member Quirk-SilvaFebruary 18, 2021 An act to add and repeal Section 118501 of the Health and Safety Code, relating to local government. LEGISLATIVE COUNSEL'S DIGESTAB 1017, as introduced, Quirk-Silva. Public restrooms: Right to Restrooms Act of 2021. Existing law requires every public agency, as defined, that conducts an establishment serving the public or open to the public and that maintains restroom facilities for the public, to make every water closet available without cost or charge, as provided. Existing law also requires publicly and privately owned facilities where the public congregates to be equipped with sufficient temporary or permanent restrooms to meet the needs of the public at peak hours.This bill would require local governments, as defined, to do an inventory of public restrooms that are available to the homeless population to use during the COVID-19 state of emergency, as defined. The bill would require local governments to report their findings to the Office of Emergency Services, which would be required to compile the information in a report to the Legislature, as provided. This bill would be repealed by its own provisions on January 1, 2024.By imposing additional duties on local governments, this bill would impose a state-mandated local program.The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 the statutory provisions noted above.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 118501 is added to the Health and Safety Code, to read:118501. (a) This section shall be known and may be cited as the Right to Restrooms Act of 2021.(b) Local governments shall complete an inventory of public restrooms that are available to the homeless population in their respective jurisdictions for use during the COVID-19 state of emergency. Local governments shall provide their findings to the Office of Emergency Services not later than June 1, 2022. The report shall include all of the following:(1) A map of the locations of public restrooms available for use of the jurisdictions homeless population during the COVID-19 state of emergency.(2) A list of the inventory of public restrooms available for use of the jurisdictions homeless population during the COVID-19 state of emergency.(3) Short-term strategies for ensuring homeless populations have adequate access to restrooms during the COVID-19 state of emergency.(4) Long-term strategies for ensuring homeless populations have adequate access to restrooms.(c) The Office of Emergency Services shall compile the information provided by local governments and shall submit a report of the information to the Legislature. The report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.(d) (1) COVID-19 state of emergency, as used in this section, means the state of emergency proclaimed by the Governor on March 4, 2020.(2) Local government, as referenced in this section means a city, a county, and a city and county.(e) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.SEC. 2. 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.

 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1017Introduced by Assembly Member Quirk-SilvaFebruary 18, 2021 An act to add and repeal Section 118501 of the Health and Safety Code, relating to local government. LEGISLATIVE COUNSEL'S DIGESTAB 1017, as introduced, Quirk-Silva. Public restrooms: Right to Restrooms Act of 2021. Existing law requires every public agency, as defined, that conducts an establishment serving the public or open to the public and that maintains restroom facilities for the public, to make every water closet available without cost or charge, as provided. Existing law also requires publicly and privately owned facilities where the public congregates to be equipped with sufficient temporary or permanent restrooms to meet the needs of the public at peak hours.This bill would require local governments, as defined, to do an inventory of public restrooms that are available to the homeless population to use during the COVID-19 state of emergency, as defined. The bill would require local governments to report their findings to the Office of Emergency Services, which would be required to compile the information in a report to the Legislature, as provided. This bill would be repealed by its own provisions on January 1, 2024.By imposing additional duties on local governments, this bill would impose a state-mandated local program.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 the statutory provisions noted above.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: YES 





 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION

 Assembly Bill 

No. 1017

Introduced by Assembly Member Quirk-SilvaFebruary 18, 2021

Introduced by Assembly Member Quirk-Silva
February 18, 2021

 An act to add and repeal Section 118501 of the Health and Safety Code, relating to local government. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 1017, as introduced, Quirk-Silva. Public restrooms: Right to Restrooms Act of 2021. 

Existing law requires every public agency, as defined, that conducts an establishment serving the public or open to the public and that maintains restroom facilities for the public, to make every water closet available without cost or charge, as provided. Existing law also requires publicly and privately owned facilities where the public congregates to be equipped with sufficient temporary or permanent restrooms to meet the needs of the public at peak hours.This bill would require local governments, as defined, to do an inventory of public restrooms that are available to the homeless population to use during the COVID-19 state of emergency, as defined. The bill would require local governments to report their findings to the Office of Emergency Services, which would be required to compile the information in a report to the Legislature, as provided. This bill would be repealed by its own provisions on January 1, 2024.By imposing additional duties on local governments, this bill would impose a state-mandated local program.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 the statutory provisions noted above.

Existing law requires every public agency, as defined, that conducts an establishment serving the public or open to the public and that maintains restroom facilities for the public, to make every water closet available without cost or charge, as provided. Existing law also requires publicly and privately owned facilities where the public congregates to be equipped with sufficient temporary or permanent restrooms to meet the needs of the public at peak hours.

This bill would require local governments, as defined, to do an inventory of public restrooms that are available to the homeless population to use during the COVID-19 state of emergency, as defined. The bill would require local governments to report their findings to the Office of Emergency Services, which would be required to compile the information in a report to the Legislature, as provided. This bill would be repealed by its own provisions on January 1, 2024.

By imposing additional duties on local governments, this bill would impose a state-mandated local program.

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 the statutory provisions noted above.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 118501 is added to the Health and Safety Code, to read:118501. (a) This section shall be known and may be cited as the Right to Restrooms Act of 2021.(b) Local governments shall complete an inventory of public restrooms that are available to the homeless population in their respective jurisdictions for use during the COVID-19 state of emergency. Local governments shall provide their findings to the Office of Emergency Services not later than June 1, 2022. The report shall include all of the following:(1) A map of the locations of public restrooms available for use of the jurisdictions homeless population during the COVID-19 state of emergency.(2) A list of the inventory of public restrooms available for use of the jurisdictions homeless population during the COVID-19 state of emergency.(3) Short-term strategies for ensuring homeless populations have adequate access to restrooms during the COVID-19 state of emergency.(4) Long-term strategies for ensuring homeless populations have adequate access to restrooms.(c) The Office of Emergency Services shall compile the information provided by local governments and shall submit a report of the information to the Legislature. The report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.(d) (1) COVID-19 state of emergency, as used in this section, means the state of emergency proclaimed by the Governor on March 4, 2020.(2) Local government, as referenced in this section means a city, a county, and a city and county.(e) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.SEC. 2. 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.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Section 118501 is added to the Health and Safety Code, to read:118501. (a) This section shall be known and may be cited as the Right to Restrooms Act of 2021.(b) Local governments shall complete an inventory of public restrooms that are available to the homeless population in their respective jurisdictions for use during the COVID-19 state of emergency. Local governments shall provide their findings to the Office of Emergency Services not later than June 1, 2022. The report shall include all of the following:(1) A map of the locations of public restrooms available for use of the jurisdictions homeless population during the COVID-19 state of emergency.(2) A list of the inventory of public restrooms available for use of the jurisdictions homeless population during the COVID-19 state of emergency.(3) Short-term strategies for ensuring homeless populations have adequate access to restrooms during the COVID-19 state of emergency.(4) Long-term strategies for ensuring homeless populations have adequate access to restrooms.(c) The Office of Emergency Services shall compile the information provided by local governments and shall submit a report of the information to the Legislature. The report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.(d) (1) COVID-19 state of emergency, as used in this section, means the state of emergency proclaimed by the Governor on March 4, 2020.(2) Local government, as referenced in this section means a city, a county, and a city and county.(e) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.

SECTION 1. Section 118501 is added to the Health and Safety Code, to read:

### SECTION 1.

118501. (a) This section shall be known and may be cited as the Right to Restrooms Act of 2021.(b) Local governments shall complete an inventory of public restrooms that are available to the homeless population in their respective jurisdictions for use during the COVID-19 state of emergency. Local governments shall provide their findings to the Office of Emergency Services not later than June 1, 2022. The report shall include all of the following:(1) A map of the locations of public restrooms available for use of the jurisdictions homeless population during the COVID-19 state of emergency.(2) A list of the inventory of public restrooms available for use of the jurisdictions homeless population during the COVID-19 state of emergency.(3) Short-term strategies for ensuring homeless populations have adequate access to restrooms during the COVID-19 state of emergency.(4) Long-term strategies for ensuring homeless populations have adequate access to restrooms.(c) The Office of Emergency Services shall compile the information provided by local governments and shall submit a report of the information to the Legislature. The report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.(d) (1) COVID-19 state of emergency, as used in this section, means the state of emergency proclaimed by the Governor on March 4, 2020.(2) Local government, as referenced in this section means a city, a county, and a city and county.(e) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.

118501. (a) This section shall be known and may be cited as the Right to Restrooms Act of 2021.(b) Local governments shall complete an inventory of public restrooms that are available to the homeless population in their respective jurisdictions for use during the COVID-19 state of emergency. Local governments shall provide their findings to the Office of Emergency Services not later than June 1, 2022. The report shall include all of the following:(1) A map of the locations of public restrooms available for use of the jurisdictions homeless population during the COVID-19 state of emergency.(2) A list of the inventory of public restrooms available for use of the jurisdictions homeless population during the COVID-19 state of emergency.(3) Short-term strategies for ensuring homeless populations have adequate access to restrooms during the COVID-19 state of emergency.(4) Long-term strategies for ensuring homeless populations have adequate access to restrooms.(c) The Office of Emergency Services shall compile the information provided by local governments and shall submit a report of the information to the Legislature. The report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.(d) (1) COVID-19 state of emergency, as used in this section, means the state of emergency proclaimed by the Governor on March 4, 2020.(2) Local government, as referenced in this section means a city, a county, and a city and county.(e) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.

118501. (a) This section shall be known and may be cited as the Right to Restrooms Act of 2021.(b) Local governments shall complete an inventory of public restrooms that are available to the homeless population in their respective jurisdictions for use during the COVID-19 state of emergency. Local governments shall provide their findings to the Office of Emergency Services not later than June 1, 2022. The report shall include all of the following:(1) A map of the locations of public restrooms available for use of the jurisdictions homeless population during the COVID-19 state of emergency.(2) A list of the inventory of public restrooms available for use of the jurisdictions homeless population during the COVID-19 state of emergency.(3) Short-term strategies for ensuring homeless populations have adequate access to restrooms during the COVID-19 state of emergency.(4) Long-term strategies for ensuring homeless populations have adequate access to restrooms.(c) The Office of Emergency Services shall compile the information provided by local governments and shall submit a report of the information to the Legislature. The report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.(d) (1) COVID-19 state of emergency, as used in this section, means the state of emergency proclaimed by the Governor on March 4, 2020.(2) Local government, as referenced in this section means a city, a county, and a city and county.(e) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.



118501. (a) This section shall be known and may be cited as the Right to Restrooms Act of 2021.

(b) Local governments shall complete an inventory of public restrooms that are available to the homeless population in their respective jurisdictions for use during the COVID-19 state of emergency. Local governments shall provide their findings to the Office of Emergency Services not later than June 1, 2022. The report shall include all of the following:

(1) A map of the locations of public restrooms available for use of the jurisdictions homeless population during the COVID-19 state of emergency.

(2) A list of the inventory of public restrooms available for use of the jurisdictions homeless population during the COVID-19 state of emergency.

(3) Short-term strategies for ensuring homeless populations have adequate access to restrooms during the COVID-19 state of emergency.

(4) Long-term strategies for ensuring homeless populations have adequate access to restrooms.

(c) The Office of Emergency Services shall compile the information provided by local governments and shall submit a report of the information to the Legislature. The report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.

(d) (1) COVID-19 state of emergency, as used in this section, means the state of emergency proclaimed by the Governor on March 4, 2020.

(2) Local government, as referenced in this section means a city, a county, and a city and county.

(e) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.

SEC. 2. 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.

SEC. 2. 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.

SEC. 2. 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.

### SEC. 2.