First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 23-0047.03 Jessica Herrera x4218
HOUSE BILL 23-1057
House Committees Senate Committees
State, Civic, Military, & Veterans Affairs
A BILL FOR AN ACT
C
ONCERNING A REQUIREMENT THAT CERTAIN PUBLIC BUILDINGS HAVE101
RESTROOMS WITH AMENITIES FOR ALL GENDERS .102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
Effective January 1, 2024, the bill requires each newly constructed
public building and each public building in which restroom renovations
are estimated to cost $10,000 or more that is wholly or partly owned by
the state, a county, or a local municipality to:
! Provide a non-gendered restroom facility or a multi-stall
HOUSE SPONSORSHIP
McCormick and Vigil,
SENATE SPONSORSHIP
Jaquez Lewis,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. non-gendered facility on each floor where restrooms are
available;
! Ensure that all single-stall restrooms are not designated for
exclusive use by any specific gender;
! Allow for the use of multi-stall restrooms by any gender if
certain facility features are met under the 2021
International Plumbing Code; and
! Provide at least one safe, sanitary, and convenient baby
diaper changing station that is accessible to the public on
each floor where there is a public restroom in each
gender-specific restroom, non-gendered multi-stall
restroom, and non-gendered single-stall restroom.
The bill also requires each newly constructed public building and
each public building in which restroom renovations are estimated to cost
$10,000 or more that is wholly or partly owned by the state, a county, or
a local municipality to include signage indicating the presence of a baby
diaper changing station with a pictogram that is void of gender in all
restrooms with baby diaper changing stations, in all non-gendered
restrooms, and in all single-stalled restrooms.
The bill also requires each newly constructed public building and
each public building in which restroom renovations are estimated to cost
$10,000 or more that is wholly or partly owned by the state, a county, or
a local municipalitiy to indicate in the central building directory, if such
a directory exists, the location of any baby diaper changing station and of
any non-gendered restroom.
The bill exempts the requirements of including a baby diaper
changing station in any restroom and any construction necessary to
comply with providing an accessible non-gendered restroom if the
requirement would result in failure to comply with applicable building
standards governing the right of access for individuals with disabilities.
The bill clarifies that an employee with a designated workplace in
a public building may undertake the complaint process for alleged
discriminatory or unfair practices including the failure to comply with
providing the required amenities to all genders, as required, with the
Colorado civil rights division charged with the enforcement of the
Colorado anti-discrimination act.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add article 5.7 to title2
9 as follows:3
ARTICLE 5.74
HB23-1057-2- Amenities For All Genders In Public Buildings1
9-5.7-101. Legislative declaration. (1) T
HE GENERAL ASSEMBLY2
FINDS AND DECLARES:3
(a) T
HAT IT IS A MATTER OF STATEWIDE CONCERN TO PROMOTE4
THE PUBLIC WELFARE BY PROVIDING ACCESS TO NON -GENDERED5
RESTROOM FACILITIES INCLUDING BABY DIAPER CHANGING STATIONS FOR6
ALL GENDERS;7
(b) T
HE LACK OF ADEQUATE RESTROOM FACILITIES LEADS TO8
UNSAFE AND INEQUITABLE CONDITIONS FOR COLORADO CHILDREN ,9
FAMILIES, AND COMMUNITIES. EXPERTS FROM HEALTH PROVIDERS TO10
FAITH LEADERS, INCLUDING THE OCCUPATIONAL SAFETY AND HEALTH11
ADMINISTRATION, STRESS THE NEED FOR SINGLE OCCUPANCY12
NON-GENDERED RESTROOMS AND MULTIPLE -OCCUPANT OR13
MULTIPLE-STALLED NON-GENDERED RESTROOMS TO BE ACCESSIBLE FOR14
ALL EMPLOYEES AND INDIVIDUALS . THE LACK OF ACCESSIBILITY TO15
RESTROOM FACILITIES THAT ARE CONSISTENT WITH AN INDIVIDUAL 'S16
GENDER IDENTITY SINGLES OUT THOSE INDIVIDUALS AND CAN RESULT IN17
EXPERIENCES OF HARASSMENT AND CAUSE INDIVIDUALS TO AVOID18
RESTROOMS ENTIRELY, WHICH CAN LEAD TO POTENTIALLY SERIOUS19
PHYSICAL INJURY OR ILLNESS. ACCESS TO NON-GENDERED RESTROOMS20
HAS FAR-REACHING BENEFITS FOR PARENTS CARING FOR A CHILD OF THE21
OPPOSITE GENDER, INCLUDING PARENTS WITH YOUNG CHILDREN WHO NEED22
TO ACCESS A CHANGING TABLE AND DISABLED INDIVIDUALS WHO HAVE A23
CARETAKER OF A DIFFERENT GENDER TO ASSIST THEM .24
(c) M
EN'S RESTROOMS AND SINGLE-STALL RESTROOMS TYPICALLY25
DO NOT PROVIDE BABY DIAPER CHANGING STATIONS . THIS CREATES26
ACCESSIBILITY INEQUITY FOR PARENTS AND CARE PROVIDERS WHO DO NOT27
HB23-1057
-3- IDENTIFY AS WOMEN OR WHO MAY NOT BE COMFORTABLE USING WOMEN 'S1
RESTROOMS AND CREATES A HEALTH AND SAFETY PROBLEM FOR BABIES .2
W
ITHOUT CLEAN, SAFE DIAPER CHANGING STATIONS , THESE CARE3
PROVIDERS MAY BE FORCED TO RESORT TO UNSAFE AND UNSANITARY4
LOCATIONS, SUCH AS RESTROOM FLOORS , TO CHANGE BABIES' DIAPERS.5
R
EQUIRING EQUITABLE ACCESS TO AMENITIES IN PUBLIC RESTROOMS6
WOULD MAKE IT EASIER FOR PARENTS AND CARE PROVIDERS OF ALL7
GENDERS TO FIND A SAFE , SUITABLE PLACE TO CHANGE DIAPERS .8
P
ROVIDING SAFE, RELIABLE, AND CLEAN BABY DIAPER CHANGING9
STATIONS IN ALL RESTROOM FACILITIES ENABLES BETTER CARETAKING FOR10
INFANTS BY ALL PARENTS AND CARE PROVIDERS , AND SAFER CONDITIONS11
FOR INFANTS.12
(d) R
EQUIRING ALL SINGLE-STALL RESTROOMS TO BE DESIGNATED13
FOR USE BY ANY GENDER REDUCES WAIT TIMES AND INCREASES COMFORT14
AND ACCESSIBILITY FOR CARE PROVIDERS AND PEOPLE RECEIVING CARE ,15
INDIVIDUALS WITH DIVERSE GENDER EXPRESSIONS , AND LGBT16
INDIVIDUALS. FOR INDIVIDUALS WITH DIVERSE GENDER EXPRESSIONS OR17
LGBT
INDIVIDUALS, USING GENDERED FACILITIES CAN POSE HEALTH AND18
SAFETY ISSUES STEMMING FROM EXPERIENCES OF HARASSMENT AND19
PHYSICAL THREATS IN GENDERED FACILITIES , REGARDLESS OF WHICH20
GENDERED FACILITY THEY USE OR OF THEIR PHYSICAL PRESENTATION . DUE21
TO THESE EXPERIENCES AND ASSOCIATED STIGMA , SOME PEOPLE AVOID22
USING PUBLIC RESTROOMS WHENEVER POSSIBLE AND MAY REFRAIN FROM23
EATING, DRINKING, OR RELIEVING THEMSELVES FOR EXTENDED PERIODS24
OF TIME IN ORDER TO AVOID GENDERED FACILITIES . DELAYING OR25
AVOIDING USING THE RESTROOM CAN HAVE PHYSICAL HEALTH26
IMPLICATIONS.27
HB23-1057
-4- (e) THE "INTERNATIONAL PLUMBING CODE" (I.P.C.), 2021,1
INCLUDES TWO AMENDMENTS REGARDING NON -GENDERED RESTROOMS .2
O
NE AMENDMENT REQUIRES SIGNAGE ON SINGLE -USER RESTROOMS TO3
INDICATE THAT THEY ARE OPEN TO ANY USER REGARDLESS OF GENDER .4
T
HE OTHER AMENDMENT ALLOWS THE CREATION OF NON -GENDERED5
MULTI-STALL DESIGNS WITH SHARED SINKS AND EACH TOILET IN A PRIVATE6
COMPARTMENT.7
(f) T
HE "INTERNATIONAL BUILDING CODE" (I.B.C.), 2021,8
REQUIRES THAT SINGLE-OCCUPANCY RESTROOMS BE IDENTIFIED FOR USE9
BY ALL INDIVIDUALS REGARDLESS OF SEX AND ALLOWS FOR MULTI -USER10
FACILITIES TO SERVE ALL GENDERS. THE COLORADO STATE ARCHITECT11
ADOPTS CODES FOR CONSTRUCTION AT ALL STATE -OWNED BUILDINGS AND12
FACILITIES, AND HAS ADOPTED THE 2021 EDITION OF THE "INTERNATIONAL13
B
UILDING CODE".14
(g) I
T IS A MATTER OF STATEWIDE CONCERN AND THE POLICY OF15
THE STATE TO PROMOTE PUBLIC WELFARE BY PROVIDING SAFE , SANITARY,16
AND CONVENIENT BABY DIAPER CHANGING STATIONS FOR PEOPLE OF ALL17
GENDERS INCLUDING THOSE OUTSIDE THE GENDER BINARY .18
9-5.7-102. Definitions.
AS USED IN THIS ARTICLE, UNLESS THE19
CONTEXT OTHERWISE REQUIRES :20
(1) "G
ENDER-SPECIFIC RESTROOM" MEANS A RESTROOM THAT IS21
DESIGNATED FOR USE BY ONLY ONE GENDER .22
(2) "LGBT
INDIVIDUAL" MEANS AN INDIVIDUAL WHO IS A MEMBER23
OF THE LESBIAN, GAY, BISEXUAL, TRANSGENDER, AND NON-BINARY24
COMMUNITY.25
(3) "N
ON-GENDERED MULTI-STALL RESTROOM" MEANS A26
RESTROOM WITH MULTIPLE TOILETS THAT IS AVAILABLE FOR USE BY27
HB23-1057
-5- PEOPLE OF ANY GENDER, INCLUDING A RESTROOM WITH SHARED SINKS BUT1
EACH TOILET IS IN A PRIVATE COMPARTMENT .2
(4) "N
ON-GENDERED SINGLE-STALL RESTROOM" MEANS A3
RESTROOM AVAILABLE FOR USE BY PEOPLE OF ANY GENDER THAT IS A4
FULLY ENCLOSED ROOM WITH A LOCKING MECHANISM CONTROLLED BY5
THE USER AND CONTAINS A SINK , TOILET, AND NO MORE THAN ONE6
URINAL.7
9-5.7-103. Restrooms - baby diaper changing stations -8
applicability - signage - enforcement. (1) O
N AND AFTER JANUARY 1,9
2024,
A PUBLIC BUILDING THAT IS WHOLLY OR PARTIALLY OWNED ,10
OPERATED, OR CONTROLLED BY THE STATE, INCLUDING A STATE AGENCY,11
BY A COUNTY, OR BY A LOCAL MUNICIPALITY THAT IS CONSTRUCTED OR12
RENOVATED MUST:13
(a) P
ROVIDE A NON-GENDERED SINGLE-STALL RESTROOM OR A14
NON-GENDERED MULTI-STALL RESTROOM ON EACH FLOOR WHERE A15
RESTROOM IS PUBLICLY AVAILABLE ;16
(b) E
NSURE THAT ANY SINGLE -STALL RESTROOM IS NOT A17
GENDER-SPECIFIC RESTROOM; AND 18
(c) A
LLOW FOR THE USE OF A MULTI-STALL RESTROOM BY ANY19
GENDER IF CERTAIN FACILITY FEATURES ARE MET PURSUANT TO THE20
"I
NTERNATIONAL PLUMBING CODE" (I.P.C.), 2021; AND21
(d) P
ROVIDE AT LEAST ONE SAFE, SANITARY, AND CONVENIENT22
BABY DIAPER CHANGING STATION THAT IS ACCESSIBLE TO THE PUBLIC ON23
EACH FLOOR WHERE THERE IS A PUBLIC RESTROOM IN EACH24
GENDER-SPECIFIC RESTROOM, NON-GENDERED MULTI-STALL RESTROOM,25
AND NON-GENDERED SINGLE-STALL RESTROOM IF SUCH RESTROOMS EXIST;26
AND27
HB23-1057
-6- (e) ENSURE THAT EACH BABY DIAPER CHANGING STATION IS1
MAINTAINED, REPAIRED, AND REPLACED AS NECESSARY TO ENSURE2
SAFETY AND EASE OF USE AND MUST BE CLEANED WITH THE SAME3
FREQUENCY AS THE RESTROOM IN WHICH IT IS LOCATED .4
(2) (a) A
NY RESTROOM IN A PUBLIC BUILDING WITH A BABY DIAPER5
CHANGING STATION MUST HAVE SIGNAGE THAT HAS A PICTOGRAM VOID OF6
GENDER THAT INDICATES THE PRESENCE OF THE BABY DIAPER CHANGING7
STATION. ANY NON-GENDERED MULTI -STALL RESTROOM OR8
NON-GENDERED SINGLE-STALL RESTROOM IN A PUBLIC BUILDING MUST9
HAVE SIGNAGE THAT HAS A PICTOGRAM VOID OF GENDER .10
(b) E
ACH PUBLIC BUILDING MUST INCLUDE SIGNAGE AT OR NEAR11
THE ENTRANCE TO THE BUILDING INDICATING THE LOCATION OF ANY BABY12
DIAPER CHANGING STATION . IF THERE IS A CENTRAL DIRECTORY13
IDENTIFYING, FOR THE BENEFIT OF THE PUBLIC, THE LOCATION OF OFFICES,14
RESTROOMS, AND OTHER FACILITIES IN THE BUILDING , THAT CENTRAL15
DIRECTORY MUST INDICATE WITH A PICTOGRAM VOID OF GENDER THE16
LOCATION OF ANY BABY DIAPER CHANGING STATION AND THE LOCATION17
OF ANY NON-GENDERED MULTI-STALL RESTROOM OR NON -GENDERED18
SINGLE-STALL RESTROOM.19
(c) A
LL PUBLIC BUILDINGS WITH EXISTING GENDER -SPECIFIC20
RESTROOMS, NON-GENDERED MULTI -STALL RESTROOMS , OR21
NON-GENDERED SINGLE-STALL RESTROOMS MUST UPDATE SIGNAGE , IF22
NECESSARY, TO A PICTOGRAM VOID OF GENDER.23
(3) (a) S
UBSECTIONS (1) AND (2) OF THIS SECTION APPLY TO A24
PUBLIC BUILDING CONSTRUCTED ON OR AFTER JANUARY 1, 2024, AND,25
EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (3)(b) OF THIS SECTION,26
TO ALL RENOVATIONS OF RESTROOMS MADE ON OR AFTER JANUARY 1,27
HB23-1057
-7- 2024, FOR WHICH A PERMIT HAS BEEN OBTAINED AND FOR WHICH THE1
ESTIMATED COST OF THE NEW CONSTRUCTION OR RENOVATION IS TEN2
THOUSAND DOLLARS OR MORE .3
(b) S
UBSECTION (1)(d) OF THIS SECTION DOES NOT APPLY TO A4
RENOVATION IF A LOCAL BUILDING PERMITTING ENTITY OR BUILDING5
INSPECTOR DETERMINES THAT THE INSTALLATION OF A BABY DIAPER6
CHANGING STATION IN ACCORDANCE WITH SUBSECTION (1)(d) OF THIS7
SECTION WOULD RESULT IN A FAILURE TO COMPLY WITH APPLICABLE8
BUILDING STANDARDS GOVERNING THE RIGHT OF ACCESS FOR INDIVIDUALS9
WITH DISABILITIES. THE PERMITTING ENTITY OR BUILDING INSPECTOR MAY10
GRANT AN EXEMPTION FROM THE REQUIREMENTS OF THIS SECTION UNDER11
THOSE CIRCUMSTANCES , PROVIDED THAT THERE IS DOCUMENTATION12
DEMONSTRATING THAT NO ALTERNATIVE DESIGN IS POSSIBLE THAT13
COMPLIES WITH THE RIGHT OF ACCESS FOR INDIVIDUALS WITH DISABILITIES14
AND A GOOD FAITH ATTEMPT HAS BEEN MADE TO DESIGN A RESTROOM IN15
A MANNER THAT WOULD ACCOMMODATE INDIVIDUALS WITH DISABILITIES16
AND THE INSTALLATION OF A BABY DIAPER CHANGING STATION IN17
ACCORDANCE WITH SUBSECTION (1)(d) OF THIS SECTION.18
(4) A
NY EMPLOYEE WITH A DESIGNATED WORKPLACE THAT IS A19
PUBLIC BUILDING WHO CLAIMS TO BE AGGRIEVED BY A DISCRIMINATORY20
OR UNFAIR PRACTICE AS DEFINED BY PART 4 OF ARTICLE 34 OF TITLE 24,21
INCLUDING FAILURE TO COMPLY WITH THIS ARTICLE 5.7, MAY22
INDIVIDUALLY OR THROUGH THEIR ATTORNEY -AT-LAW MAKE, SIGN, AND23
FILE WITH THE COLORADO CIVIL RIGHTS DIVISION, CREATED IN SECTION24
24-34-302,
A VERIFIED WRITTEN CHARGE STATING THE NAME AND25
ADDRESS OF THE RESPONDENT A LLEGED TO HAVE COMMITTED THE26
DISCRIMINATORY OR UNFAIR PRACTICE, SETTING FORTH THE PARTICULARS27
HB23-1057
-8- OF THE ALLEGED DISCRIMINATORY OR UNFAIR PRACTICE , AND CONTAINING1
ANY OTHER INFORMATION REQUIRED BY THE COLORADO CIVIL RIGHTS2
DIVISION.3
SECTION 2. Act subject to petition - effective date. This act4
takes effect at 12:01 a.m. on the day following the expiration of the5
ninety-day period after final adjournment of the general assembly; except6
that, if a referendum petition is filed pursuant to section 1 (3) of article V7
of the state constitution against this act or an item, section, or part of this8
act within such period, then the act, item, section, or part will not take9
effect unless approved by the people at the general election to be held in10
November 2023 and, in such case, will take effect on the date of the11
official declaration of the vote thereon by the governor.12
HB23-1057
-9-