First Regular Session Seventy-fourth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 23-0047.03 Jessica Herrera x4218 HOUSE BILL 23-1057 House Committees Senate Committees State, Civic, Military, & Veterans Affairs Appropriations A BILL FOR AN ACT C ONCERNING A REQUIREMENT THAT CERTAIN PUBLIC BUILDINGS HAVE101 RESTROOMS WITH AMENITIES FOR ALL GENDERS, AND, IN102 CONNECTION THEREWITH , MAKING AN APPROPRIATION .103 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: HOUSE 3rd Reading Unamended April 24, 2023 HOUSE 3rd Reading Unamended April 24, 2023 HOUSE Amended 2nd Reading April 21, 2023 HOUSE SPONSORSHIP McCormick and Vigil, Amabile, Bacon, Boesenecker, Brown, deGruy Kennedy, Dickson, English, Epps, Froelich, Garcia, Gonzales-Gutierrez, Jodeh, Kipp, Lindsay, Lindstedt, Mabrey, Martinez, McLachlan, Michaelson Jenet, Ortiz, Parenti, Ricks, Sharbini, Sirota, Story, Titone, Valdez, Velasco, Weissman, Willford 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. ! Provide a non-gendered restroom facility or a multi-stall 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 1057-2- Amenities For All Genders In Public Buildings1 9-5.7-101. Legislative declaration. (1) THE GENERAL ASSEMBLY2 FINDS AND DECLARES THAT:3 (a) IT IS A MATTER OF STATEWIDE CONCERN TO PROMOTE THE4 PUBLIC WELFARE BY PROVIDING ACCESS TO NON-GENDERED RESTROOM5 FACILITIES THAT ARE CONVENIENT FOR PEOPLE OF ALL GENDERS,6 INCLUDING THOSE OUTSIDE THE GENDER BINARY ;7 (b) THE 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 THOSE 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,21 INCLUDING PARENTS WITH YOUNG CHILDREN WHO NEED TO ACCESS A22 BABY DIAPER CHANGING STATION AND INDIVIDUALS WITH DISABILITIES23 WHO HAVE A CARETAKER OF A DIFFERENT GENDER TO ASSIST THEM .24 (c) MEN'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 1057 -3- IDENTIFY AS WOMEN OR WHO MAY NOT BE COMFORTABLE USING WOMEN'S1 RESTROOMS, AND CREATES POTENTIAL HEALTH AND SAFETY PROBLEMS2 FOR BABIES. WITHOUT CLEAN AND SAFE BABY DIAPER CHANGING3 STATIONS, THESE CARE PROVIDERS MAY BE FORCED TO RESORT TO UNSAFE4 AND UNSANITARY LOCATIONS, SUCH AS RESTROOM FLOORS, TO CHANGE5 BABIES' DIAPERS. REQUIRING EQUITABLE ACCESS TO AMENITIES IN PUBLIC6 RESTROOMS WOULD MAKE IT EASIER FOR PARENTS AND CARE PROVIDERS7 OF ALL GENDERS TO FIND A SAFE AND SUITABLE PLACE TO CHANGE BABIES'8 DIAPERS. PROVIDING 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) REQUIRING 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 LGBT INDIVIDUALS OR INDIVIDUALS WITH DIVERSE17 GENDER EXPRESSIONS, USING GENDERED FACILITIES CAN POSE HEALTH18 AND SAFETY ISSUES STEMMING FROM EXPERIENCES OF HARASSMENT AND19 PHYSICAL THREATS IN GENDERED FACILITIES REGARDLESS OF WHICH20 GENDERED FACILITY THEY USE OR 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 1057 -4- (e) THE "INTERNATIONAL PLUMBING CODE", 2021 EDITION,1 REFERRED TO IN THIS ARTICLE 5.7 AS THE "I.P.C.", INCLUDES TWO2 AMENDMENTS REGARDING NON -GENDERED RESTROOMS. ONE AMENDMENT3 REQUIRES SIGNAGE ON SINGLE-STALL RESTROOMS TO INDICATE THAT THEY4 ARE OPEN TO ANY USER REGARDLESS OF GENDER . THE OTHER AMENDMENT5 ALLOWS THE CREATION OF NON-GENDERED MULTI-STALL DESIGNS WITH6 SHARED SINKS AND EACH TOILET IN A PRIVATE COMPARTMENT . 7 (f) THE I.P.C. ALSO REQUIRES THAT SINGLE-STALL RESTROOMS BE8 IDENTIFIED FOR USE BY ALL INDIVIDUALS REGARDLESS OF SEX AND9 ALLOWS FOR MULTI-USER FACILITIES TO SERVE ALL GENDERS. THE10 COLORADO STATE ARCHITECT ADOPTS CODES FOR CONSTRUCTION AT ALL11 STATE-OWNED BUILDINGS AND FACILITIES, AND HAS ADOPTED THE 202112 EDITION OF THE INTERNATIONAL BUILDING CODE .13 9-5.7-102. Definitions. AS USED IN THIS ARTICLE 5.7, UNLESS THE14 CONTEXT OTHERWISE REQUIRES :15 (1) "ACCESSIBLE TO THE PUBLIC" MEANS ANY INDOOR OR16 OUTDOOR SPACE OR AREA THAT IS OPEN TO THE PUBLIC. THIS DOES NOT17 INCLUDE PRIVATE OFFICES OR WORKSPACES THAT ARE GENERALLY NOT18 OPEN TO CUSTOMERS OR PUBLIC VISITORS .19 (2) "CERTIFIED HISTORIC STRUCTURE" MEANS A PROPERTY20 LOCATED IN COLORADO THAT HAS BEEN CERTIFIED BY THE STATE21 HISTORICAL SOCIETY OR AN ENTITY OTHER THAN THE OWNER OF THE22 PROPERTY THAT IS AUTHORIZED, PURSUANT TO SECTION 24-80.1-105 (1),23 TO NOMINATE PROPERTIES TO THE STATE REGISTER OF HISTORIC24 PROPERTIES AS A HISTORIC STRUCTURE BECAUSE IT HAS BEEN : 25 (a) LISTED INDIVIDUALLY ON, OR AS A CONTRIBUTING PROPERTY26 IN A DISTRICT INCLUDED WITHIN, THE NATIONAL REGISTER OF HISTORIC27 1057 -5- PLACES;1 (b) LISTED INDIVIDUALLY ON, OR AS A CONTRIBUTING PROPERTY2 IN A DISTRICT THAT IS INCLUDED WITHIN, THE STATE REGISTER OF3 HISTORIC PROPERTIES PURSUANT TO ARTICLE 80.1 OF TITLE 24.; OR4 (c) LISTED INDIVIDUALLY BY, OR AS A CONTRIBUTING PROPERTY5 WITHIN A DESIGNATED HISTORIC DISTRICT OF , A CERTIFIED LOCAL6 GOVERNMENT.7 (3) "GENDER-SPECIFIC RESTROOM" MEANS A RESTROOM THAT IS8 DESIGNATED FOR USE BY ONLY ONE GENDER .9 (4) "LGBT INDIVIDUAL" MEANS AN INDIVIDUAL WHO IS A MEMBER10 OF THE LESBIAN, GAY, BISEXUAL, TRANSGENDER, AND NON-BINARY11 COMMUNITY.12 (5) "NON-GENDERED MULTI-STALL RESTROOM" MEANS A13 RESTROOM WITH MULTIPLE TOILETS THAT IS AVAILABLE FOR USE BY14 PEOPLE OF ANY GENDER, INCLUDING A RESTROOM WITH SHARED SINKS BUT15 EACH TOILET IS IN A PRIVATE COMPARTMENT .16 (6) "NON-GENDERED SINGLE-STALL RESTROOM" MEANS A17 RESTROOM THAT IS AVAILABLE FOR USE BY PEOPLE OF ANY GENDER THAT18 IS A FULLY ENCLOSED ROOM WITH A LOCKING MECHANISM CONTROLLED19 BY THE USER AND CONTAINS A SINK, TOILET, AND NO MORE THAN ONE20 URINAL.21 (7) (a) "RENOVATION OF A RESTROOM" MEANS CONSTRUCTION TO22 A RESTROOM:23 (I) FOR WHICH A PERMIT IS REQUIRED OTHER THAN FOR A REPAIR;24 AND25 (II) THAT INCLUDES CHANGING THE STRUCTURE BY :26 (A) INCREASING THE SQUARE FOOTAGE ;27 1057 -6- (B) INSTALLING OR MODIFYING A PLUMBING OR ELECTRIC SYSTEM ;1 (C) ADDING, GUTTING, OR REMOVING EXTERIOR RESTROOM2 WALLS; OR3 (D) INSTALLING A HEATING, VENTILATION, OR AIR CONDITIONING4 SYSTEM.5 (b) FOR PURPOSES OF THIS SECTION, RENOVATION DOES NOT6 INCLUDE REPAIRS TO OR REPLACEMENT OF FIXTURES OR FEATURES OF THE7 RESTROOM IN ORDER TO RESTORE SOMETHING THAT IS DAMAGED,8 DETERIORATED, OR BROKEN IN A RESTROOM TO ITS ORIGINAL FUNCTION9 THAT DOES NOT MEET THE CRITERIA DESCRIBED IN SUBSECTION (7)(a) OF10 THIS SECTION.11 (8) "PUBLIC ENTITY" MEANS A STATE DEPARTMENT OR STATE12 AGENCY, STATE INSTITUTION OF HIGHER EDUCATION, AS DEFINED IN13 SECTION 23-18-102 (10), A COUNTY, A CITY AND COUNTY, OR A14 MUNICIPALITY. FOR PURPOSES OF THIS ARTICLE 5.7, A STATE AGENCY DOES15 NOT INCLUDE ANY BUILDING OWNED AND OPERATED AS AN EDUCATION16 FACILITY BY THE DEPARTMENT OF EDUCATION OR A SCHOOL DISTRICT,17 CHARTER SCHOOL, OR INSTITUTE CHARTER SCHOOL.18 9-5.7-103. Restrooms - baby diaper changing stations -19 applicability - signage - enforcement. (1) ON AND AFTER JANUARY 1,20 2024, A BUILDING THAT IS WHOLLY OR PARTIALLY OWNED BY A PUBLIC21 ENTITY THAT IS SCHEDULED FOR RENOVATION OF A RESTROOM OR NEWLY22 CONSTRUCTED BUILDING MUST :23 (a) PROVIDE A NON-GENDERED SINGLE-STALL RESTROOM OR A24 NON-GENDERED MULTI-STALL RESTROOM ON EACH FLOOR WHERE A25 RESTROOM IS ACCESSIBLE TO THE PUBLIC;26 (b) ENSURE THAT ANY SINGLE-STALL RESTROOM IS NOT A27 1057 -7- GENDER-SPECIFIC RESTROOM;1 (c) ALLOW FOR THE USE OF A MULTI-STALL RESTROOM BY ANY2 GENDER IF CERTAIN FACILITY FEATURES ARE MET PURSUANT TO THE I.P.C.3 OR ANY SUBSEQUENT INTERNATIONAL PLUMBING CODE ADOPTED AS PART4 OF THE COLORADO PLUMBING CODE AND THE COLORADO FUEL GAS CODE5 ADOPTED BY THE STATE PLUMBING BOARD PURSUANT TO SECTION6 12-155-106; AND7 (d) (I) PROVIDE ANY CAREGIVER ON THE GENDER BINARY THAT IS8 CARING FOR AN INFANT ACCESS TO AT LEAST ONE SAFE, SANITARY, AND9 CONVENIENT BABY DIAPER CHANGING STATION THAT IS ACCESSIBLE TO10 THE PUBLIC ON EACH FLOOR WHERE THERE IS A RESTROOM ACCESSIBLE TO11 THE PUBLIC AND THAT INCLUDES:12 (A) IF ONLY GENDER-SPECIFIC RESTROOMS ARE AVAILABLE, AT13 LEAST ONE CHANGING TABLE IN EACH RESTROOM ;14 (B) IF A NON-GENDERED SINGLE-STALL RESTROOM IS AVAILABLE,15 AT LEAST ONE CHANGING TABLE IN THAT RESTROOM, AND PUBLIC ENTITIES16 ARE ENCOURAGED TO ALSO PROVIDE CHANGING TABLES IN EACH OF THE17 SINGLE-STALL GENDER-SPECIFIC RESTROOMS;18 (C) IF A NON-GENDERED MULTI-STALL RESTROOM IS AVAILABLE,19 AT LEAST ONE CHANGING TABLE IN THAT RESTROOM , AND PUBLIC ENTITIES20 ARE ENCOURAGED TO ALSO PROVIDE CHANGING TABLES IN EACH OF THE21 GENDER-SPECIFIC RESTROOMS; OR22 (D) AN EASILY ACCESSIBLE LOCATION WITH EQUIVALENT PRIVACY23 AND AMENITIES AS A RESTROOM; AND24 (II) ENSURE THAT EACH BABY DIAPER CHANGING STATION IS25 MAINTAINED, REPAIRED, AND REPLACED AS NECESSARY TO ENSURE26 SAFETY AND EASE OF USE AND CLEANED WITH THE SAME FREQUENCY AS27 1057 -8- THE RESTROOM IN WHICH IT IS LOCATED OR RESTROOMS ON THE SAME1 FLOOR OR IN THE SAME SPACE IF THE CHANGING TABLE IS NOT LOCATED IN2 A RESTROOM.3 (2) ON AND AFTER JULY 1, 2025, A BUILDING THAT IS WHOLLY OR4 PARTIALLY OWNED BY A PUBLIC ENTITY AND THAT IS EITHER A NEWLY5 CONSTRUCTED BUILDING THAT IS ACCESSIBLE TO EMPLOYEES OR6 ENROLLED STUDENTS OR IS UNDERGOING A RESTROOM RENOVATION MUST :7 (a) PROVIDE A NON-GENDERED SINGLE-STALL RESTROOM OR A8 NON-GENDERED MULTI-STALL RESTROOM;9 (b) ENSURE THAT ANY SINGLE -STALL RESTROOM IS NOT A10 GENDER-SPECIFIC RESTROOM; AND 11 (c) ALLOW FOR THE USE OF A MULTI-STALL RESTROOM BY ANY12 GENDER IF CERTAIN FACILITY FEATURES ARE MET PURSUANT TO THE I.P.C.,13 OR ANY SUBSEQUENT INTERNATIONAL PLUMBING CODE ADOPTED AS PART14 OF THE COLORADO PLUMBING CODE OR THE COLORADO FUEL GAS CODE15 ADOPTED BY THE STATE PLUMBING BOARD PURSUANT TO SECTION16 12-155-106.17 (3) BEGINNING JULY 1, 2024, BUT NO LATER THAN JULY 1, 2026,18 SUBJECT TO AVAILABLE APPROPRIATIONS FOR PUBLIC ENTITIES THAT ARE19 A STATE AGENCY, A BUILDING THAT IS WHOLLY OR PARTIALLY OWNED OR20 LEASED BY A PUBLIC ENTITY MUST ENSURE THAT SIGNAGE FOR THE21 BUILDING OR THE PORTION OF THE BUILDING LEASED OR OWNED COMPLIES22 WITH THE FOLLOWING SIGNAGE REQUIREMENTS :23 (a) ANY RESTROOM WITH A BABY DIAPER CHANGING STATION24 MUST HAVE SIGNAGE WITH A PICTOGRAM VOID OF GENDER THAT25 INDICATES THE PRESENCE OF THE BABY DIAPER CHANGING STATION ;26 (b) ANY NON-GENDERED MULTI-STALL RESTROOM OR27 1057 -9- SINGLE-GENDERED OR NON-GENDERED SINGLE-STALL RESTROOM MUST1 HAVE SIGNAGE WITH A PICTOGRAM VOID OF GENDER ;2 (c) EACH BUILDING THAT IS ACCESSIBLE TO THE PUBLIC MUST3 INCLUDE SIGNAGE AT OR NEAR THE ENTRANCE TO THE BUILDING4 INDICATING THE LOCATION OF RESTROOMS AND BABY DIAPER CHANGING5 STATIONS. IF THERE IS A CENTRAL DIRECTORY ACCESSIBLE TO THE PUBLIC6 IDENTIFYING THE LOCATION OF OFFICES, RESTROOMS, AND OTHER7 FACILITIES IN THE BUILDINGS, THAT CENTRAL DIRECTORY MUST INDICATE8 WITH A PICTOGRAM VOID OF GENDER THE LOCATION OF ANY BABY DIAPER9 CHANGING STATION AND THE LOCATION OF ANY NON -GENDERED10 MULTI-STALL RESTROOM OR SINGLE-STALL RESTROOM.11 (d) ALL BUILDINGS ACCESSIBLE TO THE PUBLIC WITH12 NON-GENDERED MULTI -STALL RESTROOMS OR NON -GENDERED13 SINGLE-STALL RESTROOMS MUST UPDATE SIGNAGE, IF NECESSARY, TO14 INCLUDE A PICTOGRAM VOID OF GENDER .15 (4) ALL RESTROOMS SUBJECT TO SUBSECTIONS (1) AND (2) OF THIS16 SECTION SHALL COMPLY WITH THE CURRENT "ADA STANDARDS FOR17 ACCESSIBLE DESIGN" SET FORTH IN 28 CFR 35, APPLICABLE TO PUBLIC18 ENTITIES AND PROMULGATED IN ACCORDANCE WITH THE FEDERAL19 "AMERICANS WITH DISABILITIES ACT OF 1990", 42 U.S.C. SEC. 12101 ET.20 SEQ., AS AMENDED.21 (5) SUBSECTIONS (1) AND (2) OF THIS SECTION DO NOT APPLY TO22 THE RENOVATION OF A RESTROOM OR A NEWLY CONSTRUCTED BUILDING23 PROJECT IF:24 (a) A LOCAL BUILDING PERMITTING ENTITY OR BUILDING25 INSPECTOR DETERMINES THAT THE INSTALLATION OF A BABY DIAPER26 CHANGING STATION IN ACCORDANCE WITH SUBSECTION (1)(d) OF THIS27 1057 -10- SECTION WOULD RESULT IN A FAILURE TO COMPLY WITH APPLICABLE1 BUILDING STANDARDS GOVERNING THE RIGHT OF ACCESS FOR INDIVI DUALS2 WITH DISABILITIES. THE PERMITTING ENTITY OR BUILDING INSPECTOR MAY3 GRANT AN EXEMPTION FROM THE REQUIREMENTS OF THIS SECTION UNDER4 THOSE CIRCUMSTANCES, PROVIDED THAT THERE IS DOCUMENTATION5 DEMONSTRATING THAT NO ALTERNATIVE DESIGN IS POSSIBLE THAT6 COMPLIES WITH THE RIGHT OF ACCESS FOR INDIVIDUALS WITH DISABILITIES7 AND A GOOD FAITH ATTEMPT HAS BEEN MADE TO DESIGN A RESTROOM IN8 A MANNER THAT WOULD ACCOMMODATE INDIVIDUALS WITH DISABILITIES9 AND THE INSTALLATION OF A BABY DIAPER CHANGING STATION IN10 ACCORDANCE WITH SUBSECTION (1)(d) OF THIS SECTION. 11 (b) THE PROJECT HAS ALREADY PROGRESSED THROUGH THE12 DESIGN REVIEW PROCESS, BUDGETING, AND FINAL APPROVAL BY THE13 GOVERNING BODY THAT HAS FINAL APPR OVAL OVER CAPITAL14 CONSTRUCTION PROJECT EXPENDITURES AS OF THE EFFECTIVE DATE OF15 THIS SUBSECTION (5)(b), AS ENACTED BY HOUSE BILL 23-1057.16 (c) THE BUILDING IS DESIGNATED AS A CERTIFIED HISTORIC17 STRUCTURE.18 (6) ANY EMPLOYEE WITH A DESIGNATED WORKPLACE THAT IS IN19 A BUILDING WHOLLY OR PARTIALLY OWNED BY A PUBLIC ENTITY WHO20 CLAIMS TO BE AGGRIEVED BY A DISCRIMINATORY OR UNFAIR PRACTICE AS21 DEFINED BY PART 4 OF ARTICLE 34 OF TITLE 24, INCLUDING FAILURE TO22 COMPLY WITH THIS ARTICLE 5.7, MAY INDIVIDUALLY OR THROUGH THEIR23 ATTORNEY-AT-LAW MAKE, SIGN, AND FILE WITH THE COLORADO CIVIL24 RIGHTS DIVISION, CREATED IN SECTION 24-34-302, A VERIFIED WRITTEN25 CHARGE STATING THE NAME AND ADDRESS OF THE RESPONDENT ALLEGED26 TO HAVE COMMITTED THE DISCRIMINATORY OR UNFAIR PRACTICE . THE27 1057 -11- CHARGE MUST SET FORTH THE PARTICULARS OF THE ALLEGED1 DISCRIMINATORY OR UNFAIR PRACTICE, AND CONTAINING ANY OTHER2 INFORMATION REQUIRED BY THE COLORADO CIVIL RIGHTS DIVISION.3 9-5.7-104. Restroom survey of state-owned buildings - priority4 of modifications. (1) (a) THE DEPARTMENT OF PERSONNEL SHALL5 COMPLETE A SURVEY AND PROVIDE IT TO THE GENERAL ASSEMBLY AND6 THE CAPITAL DEVELOPMENT COMMITTEE DETERMINING THE NUMBER AND7 LOCATIONS OF SIGNS THAT NEED TO BE REPLACED OR MODIFIED PURSUANT8 TO SECTION 9-5.7-103 (3) FOR EXISTING RESTROOMS ACROSS ALL9 BUILDINGS WHOLLY OR PARTIALLY OWNED BY THE STATE .10 (b) FOR A BUILDING THAT IS WHOLLY OR PARTIALLY OWNED OR11 LEASED BY THE STATE OR A STATE AGENCY, IF SIGNAGE IS NEEDED AT12 EITHER THE RESTROOM LOCATION OR THE DIRECTORY, A PUBLIC ENTITY13 THAT IS A STATE AGENCY OR A STATE INSTITUTION OF HIGHER EDUCATION14 SHALL PROVIDE INFORMATION ON THE NUMBER AND LOCATIONS OF SIGNS15 THAT NEED TO BE MODIFIED AND MAY REQUEST STATE FUNDING SUBJECT16 TO AVAILABLE APPROPRIATIONS IN ORDER TO COMPLY WITH SECTION17 9-5.7-103 (3) TO THE STATE ARCHITECT.18 (2) THE DEPARTMENT OF PERSONNEL SHALL PROVIDE AN INTERIM19 REPORT TO THE GENERAL ASSEMBLY AND THE CAPITAL DEVELOPMENT20 COMMITTEE BY JANUARY 1, 2024, AND A FINAL REPORT BY JULY 1, 2024.21 (3) FOR PURPOSES OF COMPLYING WITH SECTION 9-5.7-103 (3), THE22 DEPARTMENT OF PERSONNEL SHALL PRIORITIZE THE PLACEMENT OF23 SIGNAGE IN BUILDINGS OR PORTIONS OF BUILDINGS THAT ARE ACCESSIBLE24 TO THE PUBLIC.25 SECTION 2. Appropriation. (1) For the 2023-24 state fiscal26 year, $450,000 is appropriated to the department of personnel for use by27 1057 -12- the office of the state architect. This appropriation is from the general1 fund. To implement this act, the office may use this appropriation as2 follows:3 (a) $400,000 for statewide planning services; and4 (b) $50,000 for a restroom survey of state-owned buildings.5 (2) Any money appropriated under subsection (1)(a) of this6 section not expended prior to July 1, 2024, is further appropriated to the7 office for the 2024-25 and 2025-26 state fiscal years for the same8 purpose.9 SECTION 3. Act subject to petition - effective date. This act10 takes effect at 12:01 a.m. on the day following the expiration of the11 ninety-day period after final adjournment of the general assembly; except12 that, if a referendum petition is filed pursuant to section 1 (3) of article V13 of the state constitution against this act or an item, section, or part of this14 act within such period, then the act, item, section, or part will not take15 effect unless approved by the people at the general election to be held in16 November 2023 and, in such case, will take effect on the date of the17 official declaration of the vote thereon by the governor.18 1057 -13-