HOUSE BILL 23-1057
BY REPRESENTATIVE(S) 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, Herod, Joseph,
Lukens, McCluskie;
also SENATOR(S) Jaquez Lewis, Bridges, Buckner, Coleman, Cutter,
Danielson, Exum, Fields, Ginal, Gonzales, Hansen, Hinrichsen, Kolker,
Marchman, Moreno, Mullica, Priola, Roberts, Rodriguez, Sullivan,
Winter F., Zenzinger, Fenberg.
C
ONCERNING A REQUIREMENT THAT CERTAIN PUBLIC BUILDINGS HAVE
RESTROOMS WITH AMENITIES FOR ALL GENDERS
, AND, IN
CONNECTION THEREWITH
, MAKING AN APPROPRIATION.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add article 5.7 to title
9 as follows:
ARTICLE 5.7
Amenities For All Genders In Public Buildings
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. 9-5.7-101. Legislative declaration. (1) T HE GENERAL ASSEMBLY
FINDS AND DECLARES THAT
:
(a) I
T IS A MATTER OF STATEWIDE CONCERN TO PROMOTE THE PUBLIC
WELFARE BY PROVIDING ACCESS TO NON
-GENDERED RESTROOM FACILITIES
THAT ARE CONVENIENT FOR PEOPLE OF ALL GENDERS
, INCLUDING THOSE
OUTSIDE THE GENDER BINARY
;
(b) T
HE LACK OF ADEQUATE RESTROOM FACILITIES LEADS TO UNSAFE
AND INEQUITABLE CONDITIONS FOR
COLORADO CHILDREN, FAMILIES, AND
COMMUNITIES
. EXPERTS FROM HEALTH PROVIDERS TO FAITH LEADERS ,
INCLUDING THE OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION ,
STRESS THE NEED FOR SINGLE OCCUPANCY NON -GENDERED RESTROOMS AND
MULTIPLE
-OCCUPANT OR MULTIPLE-STALLED NON-GENDERED RESTROOMS
TO BE ACCESSIBLE FOR ALL EMPLOYEES AND INDIVIDUALS
. THE LACK OF
ACCESSIBILITY TO RESTROOM FACILITIES THAT ARE CONSISTENT WITH AN
INDIVIDUAL
'S GENDER IDENTITY SINGLES OUT THOSE INDIVIDUALS AND CAN
RESULT IN EXPERIENCES OF HARASSMENT AND CAUSE THOSE INDIVI DUALS TO
AVOID RESTROOMS ENTIRELY
, WHICH CAN LEAD TO POTENTIALLY SERIOUS
PHYSICAL INJURY OR ILLNESS
. ACCESS TO NON-GENDERED RESTROOMS HAS
FAR
-REACHING BENEFITS FOR PARENTS CARING FOR A CHILD , INCLUDING
PARENTS WITH YOUNG CHILDREN WHO NEED TO ACCESS A BABY DIAPER
CHANGING STATION AND INDIVIDUALS WITH DISABILITIES WHO HAVE A
CARETAKER OF A DIFFERENT GENDER TO ASSIST THEM
.
(c) M
EN'S RESTROOMS AND SINGLE-STALL RESTROOMS TYPICALLY
DO NOT PROVIDE BABY DIAPER CHANGING STATIONS
. THIS CREATES
ACCESSIBILITY INEQUITY FOR PARENTS AND CARE PROVIDERS WHO DO NOT
IDENTIFY AS WOMEN OR WHO MAY NOT BE COMFORTABLE USING WOMEN
'S
RESTROOMS
, AND CREATES POTENTIAL HEALTH AND SAFETY PROBLEMS FOR
BABIES
. WITHOUT CLEAN AND SAFE BABY DIAPER CHANGING STATIONS ,
THESE CARE PROVIDERS MAY BE FORCED TO RESORT TO UNSAFE AND
UNSANITARY LOCATIONS
, SUCH AS RESTROOM FLOORS, TO CHANGE BABIES'
DIAPERS. REQUIRING EQUITABLE ACCESS TO AMENITIES IN PUBLIC
RESTROOMS WOULD MAKE IT EASIER FOR PARENTS AND CARE PROVIDERS OF
ALL GENDERS TO FIND A SAFE AND SUITABLE PLACE TO CHANGE BABIES
'
DIAPERS. PROVIDING SAFE, RELIABLE, AND CLEAN BABY DIAPER CHANGING
STATIONS IN ALL RESTROOM FACILITIES ENABLES BETTER CARETAKING FOR
INFANTS BY ALL PARENTS AND CARE PROVIDERS
, AND SAFER CONDITIONS
PAGE 2-HOUSE BILL 23-1057 FOR INFANTS.
(d) R
EQUIRING ALL SINGLE-STALL RESTROOMS TO BE DESIGNATED
FOR USE BY ANY GENDER REDUCES WAIT TIMES AND INCREASES COMFORT
AND ACCESSIBILITY FOR CARE PROVIDERS AND PEOPLE RECEIVING CARE
,
INDIVIDUALS WITH DIVERSE GENDER EXPRESSIONS , AND LGBT INDIVIDUALS.
F
OR LGBT INDIVIDUALS OR INDIVIDUALS WITH DIVERSE GENDER
EXPRESSIONS
, USING GENDERED FACILITIES CAN POSE HEALTH AND SAFETY
ISSUES STEMMING FROM EXPERIENCES OF HARASSMENT AND PHYSICAL
THREATS IN GENDERED FACILITIES REGARDLESS OF WHICH GENDERED
FACILITY THEY USE OR THEIR PHYSICAL PRESENTATION
. DUE TO THESE
EXPERIENCES AND ASSOCIATED STIGMA
, SOME PEOPLE AVOID USING PUBLIC
RESTROOMS WHENEVER POSSIBLE AND MAY REFRAIN FROM EATING
,
DRINKING, OR RELIEVING THEMSELVES FOR EXTENDED PERIODS OF TIME IN
ORDER TO AVOID GENDERED FACILITIES
. DELAYING OR AVOIDING USING THE
RESTROOM CAN HAVE PHYSICAL HEALTH IMPLICATIONS
.
(e) T
HE "INTERNATIONAL PLUMBING CODE", 2021 EDITION,
REFERRED TO IN THIS ARTICLE 5.7 AS THE "I.P.C.", INCLUDES TWO
AMENDMENTS REGARDING NON
-GENDERED RESTROOMS . ONE AMENDMENT
REQUIRES SIGNAGE ON SINGLE
-STALL RESTROOMS TO INDICATE THAT THEY
ARE OPEN TO ANY USER REGARDLESS OF GENDER
. THE OTHER AMENDMENT
ALLOWS THE CREATION OF NON
-GENDERED MULTI-STALL DESIGNS WITH
SHARED SINKS AND EACH TOILET IN A PRIVATE COMPARTMENT
.
(f) T
HE I.P.C. ALSO REQUIRES THAT SINGLE-STALL RESTROOMS BE
IDENTIFIED FOR USE BY ALL INDIVIDUALS REGARDLESS OF SEX AND ALLOWS
FOR MULTI
-USER FACILITIES TO SERVE ALL GENDERS. THE COLORADO STATE
ARCHITECT ADOPTS CODES FOR CONSTRUCTION AT ALL STATE
-OWNED
BUILDINGS AND FACILITIES
, AND HAS ADOPTED THE 2021 EDITION OF THE
INTERNATIONAL BUILDING CODE
.
9-5.7-102. Definitions.
AS USED IN THIS ARTICLE 5.7, UNLESS THE
CONTEXT OTHERWISE REQUIRES
:
(1) "A
CCESSIBLE TO THE PUBLIC" MEANS ANY INDOOR OR OUTDOOR
SPACE OR AREA THAT IS OPEN TO THE PUBLIC
. THIS DOES NOT INCLUDE
PRIVATE OFFICES OR WORKSPACES THAT ARE GENERALLY NOT OPEN TO
CUSTOMERS OR PUBLIC VISITORS
.
PAGE 3-HOUSE BILL 23-1057 (2) "CERTIFIED HISTORIC STRUCTURE" MEANS A PROPERTY LOCATED
IN
COLORADO THAT HAS BEEN CERTIFIED BY THE STATE HISTORICAL SOCIETY
OR AN ENTITY OTHER THAN THE OWNER OF THE PROPERTY THAT IS
AUTHORIZED
, PURSUANT TO SECTION 24-80.1-105 (1), TO NOMINATE
PROPERTIES TO THE STATE REGISTER OF HISTORIC PROPERTIES AS A HISTORIC
STRUCTURE BECAUSE IT HAS BEEN
:
(a) L
ISTED INDIVIDUALLY ON, OR AS A CONTRIBUTING PROPERTY IN
A DISTRICT INCLUDED WITHIN
, THE NATIONAL REGISTER OF HISTORIC PLACES;
(b) L
ISTED INDIVIDUALLY ON, OR AS A CONTRIBUTING PROPERTY IN
A DISTRICT THAT IS INCLUDED WITHIN
, THE STATE REGISTER OF HISTORIC
PROPERTIES PURSUANT TO ARTICLE
80.1 OF TITLE 24; OR
(c) LISTED INDIVIDUALLY BY, OR AS A CONTRIBUTING PROPERTY
WITHIN A DESIGNATED HISTORIC DISTRICT OF
, A CERTIFIED LOCAL
GOVERNMENT
.
(3) "G
ENDER-SPECIFIC RESTROOM" MEANS A RESTROOM THAT IS
DESIGNATED FOR USE BY ONLY ONE GENDER
.
(4) "LGBT
INDIVIDUAL" MEANS AN INDIVIDUAL WHO IS A MEMBER
OF THE LESBIAN
, GAY, BISEXUAL, TRANSGENDER, AND NON-BINARY
COMMUNITY
.
(5) "N
ON-GENDERED MULTI-STALL RESTROOM" MEANS A RESTROOM
WITH MULTIPLE TOILETS THAT IS AVAILABLE FOR USE BY PEOPLE OF ANY
GENDER
, INCLUDING A RESTROOM WITH SHARED SINKS BUT EACH TOILET IS
IN A PRIVATE COMPARTMENT
.
(6) "N
ON-GENDERED SINGLE-STALL RESTROOM" MEANS A RESTROOM
THAT IS AVAILABLE FOR USE BY PEOPLE OF ANY GENDER THAT IS A FULLY
ENCLOSED ROOM WITH A LOCKING MECHANISM CONTROLLED BY THE USER
AND CONTAINS A SINK
, TOILET, AND NO MORE THAN ONE URINAL .
(7) (a) "R
ENOVATION OF A RESTROOM" MEANS CONSTRUCTION TO A
RESTROOM
:
(I) F
OR WHICH A PERMIT IS REQUIRED OTHER THAN FOR A REPAIR ;
AND
PAGE 4-HOUSE BILL 23-1057 (II) THAT INCLUDES CHANGING THE STRUCTURE BY :
(A) I
NCREASING THE SQUARE FOOTAGE ;
(B) I
NSTALLING OR MODIFYING A PLUMBING OR ELECTRIC SYSTEM ;
(C) A
DDING, GUTTING, OR REMOVING EXTERIOR RESTROOM WALLS ;
OR
(D) INSTALLING A HEATING, VENTILATION, OR AIR CONDITIONING
SYSTEM
.
(b) F
OR PURPOSES OF THIS SECTION, RENOVATION DOES NOT INCLUDE
REPAIRS TO OR REPLACEMENT OF FIXTURES OR FEATURES OF THE RESTROOM
IN ORDER TO RESTORE SOMETHING THAT IS DAMAGED
, DETERIORATED, OR
BROKEN IN A RESTROOM TO ITS ORIGINAL FUNCTION THAT DOES NOT MEET
THE CRITERIA DESCRIBED IN SUBSECTION
(7)(a) OF THIS SECTION.
(8) "P
UBLIC ENTITY" MEANS A STATE DEPARTMENT OR STATE
AGENCY
, STATE INSTITUTION OF HIGHER EDUCATION, AS DEFINED IN SECTION
23-18-102 (10), A COUNTY, A CITY AND COUNTY, OR A MUNICIPALITY. FOR
PURPOSES OF THIS ARTICLE
5.7, A STATE AGENCY DOES NOT INCLUDE ANY
BUILDING OWNED AND OPERATED AS AN EDUCATION FACILITY BY THE
DEPARTMENT OF EDUCATION OR A SCHOOL DISTRICT
, CHARTER SCHOOL, OR
INSTITUTE CHARTER SCHOOL
.
9-5.7-103. Restrooms - baby diaper changing stations -
applicability - signage - enforcement. (1) O
N AND AFTER JANUARY 1,
2024,
A BUILDING THAT IS WHOLLY OR PARTIALLY OWNED BY A PUBLIC
ENTITY THAT IS
:
(a) S
CHEDULED FOR RENOVATION OF A RESTROOM MUST :
(I) P
ROVIDE A NON-GENDERED SINGLE-STALL RESTROOM OR A
NON
-GENDERED MULTI-STALL RESTROOM WHERE A RESTROOM IS ACCESSIBLE
TO THE PUBLIC
;
(II) E
NSURE THAT ANY SINGLE -STALL RESTROOM IS NOT A
GENDER
-SPECIFIC RESTROOM;
PAGE 5-HOUSE BILL 23-1057 (III) ALLOW FOR THE USE OF A MULTI -STALL RESTROOM BY ANY
GENDER IF CERTAIN FACILITY FEATURES ARE MET PURSUANT TO THE
I.P.C.
OR ANY SUBSEQUENT INTERNATI ONAL PLUMBING CODE ADOPTED AS PART OF
THE
COLORADO PLUMBING CODE AND THE COLORADO FUEL GAS CODE
ADOPTED BY THE STATE PLUMBING BOARD PURSUANT TO SECTION
12-155-106;
(IV) P
ROVIDE ANY CAREGIVER ON THE GENDER BINARY THAT IS
CARING FOR AN INFANT ACCESS TO AT LEAST ONE SAFE
, SANITARY, AND
CONVENIENT BABY DIAPER CHANGING STATION WHERE A RESTROOM IS
ACCESSIBLE TO THE PUBLIC AS FOLLOWS
:
(A) I
F ONLY GENDER-SPECIFIC RESTROOMS ARE AVAILABLE , AT
LEAST ONE CHANGING TABLE IN EACH RESTROOM
;
(B) I
F A NON-GENDERED SINGLE-STALL RESTROOM IS AVAILABLE, AT
LEAST ONE CHANGING TABLE IN THAT RESTROOM
, AND PUBLIC ENTITIES ARE
ENCOURAGED TO ALSO PROVIDE CHANGING TABLES IN EACH OF THE
SINGLE
-STALL GENDER-SPECIFIC RESTROOMS;
(C) I
F A NON-GENDERED MULTI-STALL RESTROOM IS AVAILABLE, AT
LEAST ONE CHANGING TABLE IN THAT RESTROOM
, AND PUBLIC ENTITIES ARE
ENCOURAGED TO ALSO PROVIDE CHANGING TABLES IN EACH OF THE
GENDER
-SPECIFIC RESTROOMS; OR
(D) AN EASILY ACCESSIBLE LOCATION WITH EQUIVALENT PRIVACY
AND AMENITIES AS A RESTROOM
; AND
(V) ENSURE THAT EACH BABY DIAPER CHANGING STATION IS
MAINTAINED
, REPAIRED, AND REPLACED AS NECESSARY TO ENSURE SAFETY
AND EASE OF USE AND CLEANED WITH THE SAME FREQUENCY AS THE
RESTROOM IN WHICH IT IS LOCATED OR RESTROOMS ON THE SAME FLOOR OR
IN THE SAME SPACE IF THE CHANGING TABLE IS LOCATED IN A RESTROOM
.
(b) A
NEWLY CONSTRUCTED BUILDING ON EACH FLOOR MUST :
(I) P
ROVIDE A NON-GENDERED SINGLE-STALL RESTROOM OR A
NON
-GENDERED MULTI-STALL RESTROOM ON EACH FLOOR WHERE A
RESTROOM IS ACCESSIBLE TO THE PUBLIC
;
PAGE 6-HOUSE BILL 23-1057 (II) ENSURE THAT ANY SINGLE -STALL RESTROOM IS NOT A
GENDER
-SPECIFIC RESTROOM;
(III) A
LLOW FOR THE USE OF A MULTI-STALL RESTROOM BY ANY
GENDER IF CERTAIN FACILITY FEATURES ARE MET PURSUANT TO THE
I.P.C.
OR ANY SUBSEQUENT INTERNATI ONAL PLUMBING CODE ADOPTED AS PART OF
THE
COLORADO PLUMBING CODE AND THE COLORADO FUEL GAS CODE
ADOPTED BY THE STATE PLUMBING BOARD PURSUANT TO SECTION
12-155-106; AND
(IV) PROVIDE ANY CAREGIVER ON THE GENDER BINARY THAT IS
CARING FOR AN INFANT ACCESS TO AT LEAST ONE SAFE
, SANITARY, AND
CONVENIENT BABY DIAPER CHANGING STATION THAT IS ACCESSIBLE TO THE
PUBLIC ON EACH FLOOR WHERE THERE IS A RESTROOM ACCESSIBLE TO THE
PUBLIC AND THAT INCLUDES
:
(A) I
F ONLY GENDER-SPECIFIC RESTROOMS ARE AVAILABLE , AT
LEAST ONE CHANGING TABLE IN EACH RESTROOM
;
(B) I
F A NON-GENDERED SINGLE-STALL RESTROOM IS AVAILABLE, AT
LEAST ONE CHANGING TABLE IN THAT RESTROOM
, AND PUBLIC ENTITIES ARE
ENCOURAGED TO ALSO PROVIDE CHANGING TABLES IN EACH OF THE
SINGLE
-STALL GENDER-SPECIFIC RESTROOMS;
(C) I
F A NON-GENDERED MULTI-STALL RESTROOM IS AVAILABLE, AT
LEAST ONE CHANGING TABLE IN THAT RESTROOM
, AND PUBLIC ENTITIES ARE
ENCOURAGED TO ALSO PROVIDE CHANGING TABLES IN EACH OF THE
GENDER
-SPECIFIC RESTROOMS; OR
(D) AN EASILY ACCESSIBLE LOCATION WITH EQUIVALENT PRIVACY
AND AMENITIES AS A RESTROOM
; AND
(V) ENSURE THAT EACH BABY DIAPER CHANGING STATION IS
MAINTAINED
, REPAIRED, AND REPLACED AS NECESSARY TO ENSURE SAFETY
AND EASE OF USE AND CLEANED WITH THE SAME FREQUENCY AS THE
RESTROOM IN WHICH IT IS LOCATED OR RESTROOMS ON THE SAME FLOOR OR
IN THE SAME SPACE IF THE CHANGING TABLE IS NOT LOCATED IN A
RESTROOM
.
(2) O
N AND AFTER JULY 1, 2025, A BUILDING THAT IS WHOLLY OR
PAGE 7-HOUSE BILL 23-1057 PARTIALLY OWNED BY A PUBLIC ENTITY THAT :
(a) I
S ACCESSIBLE TO EMPLOYEES OR ENROLLED STUDENTS AND THAT
IS SCHEDULED FOR RENOVATION OF A RESTROOM MUST
:
(I) P
ROVIDE A NON-GENDERED SINGLE-STALL RESTROOM OR A
NON
-GENDERED MULTI-STALL RESTROOM;
(II) E
NSURE THAT ANY SINGLE -STALL RESTROOM IS NOT A
GENDER
-SPECIFIC RESTROOM; AND
(III) ALLOW FOR THE USE OF A MULTI-STALL RESTROOM BY ANY
GENDER IF CERTAIN FACILITY FEATURES ARE MET PURSUANT TO THE
I.P.C.
OR ANY SUBSEQUENT INTERNATI ONAL PLUMBING CODE ADOPTED AS PART OF
THE
COLORADO PLUMBING CODE AND THE COLORADO FUEL GAS CODE
ADOPTED BY THE STATE PLUMBING BOARD PURSUANT TO SECTION
12-155-106.
(b) I
S A NEWLY CONSTRUCTED BUILDING ON EACH FLOOR MUST :
(I) P
ROVIDE A NON-GENDERED SINGLE-STALL RESTROOM OR A
NON
-GENDERED MULTI-STALL RESTROOM;
(II) E
NSURE THAT ANY SINGLE -STALL RESTROOM IS NOT A
GENDER
-SPECIFIC RESTROOM; AND
(III) ALLOW FOR THE USE OF A MULTI -STALL RESTROOM BY ANY
GENDER IF CERTAIN FACILITY FEATURES ARE MET PURSUANT TO THE
I.P.C.
OR ANY SUBSEQUENT INTERNATI ONAL PLUMBING CODE ADOPTED AS PART OF
THE
COLORADO PLUMBING CODE OR THE COLORADO FUEL GAS CODE
ADOPTED BY THE STATE PLUMBING BOARD PURSUANT TO SECTION
12-155-106.
(3) B
EGINNING JULY 1, 2024, BUT NO LATER THAN JULY 1, 2026,
SUBJECT TO AVAILABLE APPROPRIATIONS FOR PUBLIC ENTITIES THAT ARE A
STATE AGENCY
, A BUILDING THAT IS WHOLLY OR PARTIALLY OWNED OR
LEASED BY A PUBLIC ENTITY MUST ENSURE THAT SIGNAGE FOR THE BUILDING
OR THE PORTION OF THE BUILDING LEASED OR OWNED COMPLIES WITH THE
FOLLOWING SIGNAGE REQUIREMENTS
:
PAGE 8-HOUSE BILL 23-1057 (a) ANY RESTROOM WITH A BABY DIAPER CHANGING STATION MUST
HAVE SIGNAGE WITH A PICTOGRAM VOID OF GENDER THAT INDICATES THE
PRESENCE OF THE BABY DIAPER CHANGING STATION
;
(b) A
NY NON-GENDERED MULTI -STALL RESTROOM OR
SINGLE
-GENDERED OR NON-GENDERED SINGLE-STALL RESTROOM MUST HAVE
SIGNAGE WITH A PICTOGRAM VOID OF GENDER
;
(c) E
ACH BUILDING THAT IS ACCESSIBLE TO THE PUBLIC MUST
INCLUDE SIGNAGE AT OR NEAR THE ENTRANCE TO THE BUILDING INDICATING
THE LOCATION OF RESTROOMS AND BABY DIAPER CH ANGING STATIONS
. IF
THERE IS A CENTRAL DIRECTORY ACCESSIBLE TO THE PUBLIC IDENTIFYING
THE LOCATION OF OFFICES
, RESTROOMS, AND OTHER FACILITIES IN THE
BUILDINGS
, THAT CENTRAL DIRECTORY MUST INDICATE WITH A PICTOGRAM
VOID OF GENDER THE LOCATION OF ANY BABY DIAPER CHANGING STATION
AND THE LOCATION OF ANY NON
-GENDERED MULTI-STALL RESTROOM OR
SINGLE
-STALL RESTROOM.
(d) A
LL BUILDINGS ACCESSIBLE TO THE PUBLIC WITH NON-GENDERED
MULTI
-STALL RESTROOMS OR NON -GENDERED SINGLE-STALL RESTROOMS
MUST UPDATE SIGNAGE
, IF NECESSARY, TO INCLUDE A PICTOGRAM VOID OF
GENDER
.
(4) A
LL RESTROOMS SUBJECT TO SUBSECTIONS (1) AND (2) OF THIS
SECTION SHALL COMPLY WITH THE CURRENT
"ADA STANDARDS FOR
ACCESSIBLE DESIGN
" SET FORTH IN 28 CFR 35, APPLICABLE TO PUBLIC
ENTITIES AND PROMULGATED IN ACCORDANCE WITH THE FEDERAL
"AMERICANS WITH DISABILITIES ACT OF 1990", 42 U.S.C. SEC. 12101 ET.
SEQ., AS AMENDED.
(5) S
UBSECTIONS (1) AND (2) OF THIS SECTION DO NOT APPLY TO THE
RENOVATION OF A RESTROOM OR A NEWLY CONSTRUCTED BUILDING PROJECT
IF
:
(a) A
LOCAL BUILDING PERMITTING ENTITY OR BUILDING INSPECTOR
DETERMINES THAT THE INSTALLATION OF A BABY DIAPER CHANGING
STATION IN ACCORDANCE WITH SUBSECTION
(1)(d) OF THIS SECTION WOULD
RESULT IN A FAILURE TO COMPLY WITH APPLICABLE BUILDING STANDARDS
GOVERNING THE RIGHT OF ACCESS FOR INDIVIDUALS WITH DISABILITIES
. THE
PERMITTING ENTITY OR BUILDING INSPECTOR MAY GRANT AN EXEMPTION
PAGE 9-HOUSE BILL 23-1057 FROM THE REQUIREMENTS OF THIS SECTION UNDER THOSE CIRCUMSTANCES ,
PROVIDED THAT THERE IS DOCUMENTATION DEMONSTRATING THAT NO
ALTERNATIVE DESIGN IS POSSIBLE THAT COMPLIES WITH THE RIGHT OF
ACCESS FOR INDIVIDUALS WITH DISABILITIES AND A GOOD FAITH ATTEMPT
HAS BEEN MADE TO DESIGN A RESTROOM IN A MANNER THAT WOULD
ACCOMMODATE INDIVIDUALS WITH DISABILITIES AND THE INSTALLATION OF
A BABY DIAPER CHANGING STATION IN ACCORDANCE WITH SUBSECTION
(1)(d) OF THIS SECTION.
(b) T
HE PROJECT HAS ALREADY PROGRESSED THROUGH THE DESIGN
REVIEW PROCESS
, BUDGETING, AND FINAL APPROVAL BY THE GOVERNING
BODY THAT HAS FINAL APPROVAL OVER CAPITAL CONSTRUCTION PROJECT
EXPENDITURES AS OF THE EFFECTIVE DATE OF THIS SUBSECTION
(5)(b), AS
ENACTED BY
HOUSE BILL 23-1057.
(c) T
HE BUILDING IS DESIGNATED AS A CERTIFIED HISTORIC
STRUCTURE
.
(6) A
NY EMPLOYEE WITH A DESIGNATED WORKPLACE THAT IS IN A
BUILDING WHOLLY OR PARTIALLY OWNED BY A PUBLIC ENTITY WHO CLAIMS
TO BE AGGRIEVED BY A DISCRIMINATORY OR UNFAIR PRACTICE AS DEFINED
BY PART
4 OF ARTICLE 34 OF TITLE 24, INCLUDING FAILURE TO COMPLY WITH
THIS ARTICLE
5.7, MAY INDIVIDUALLY OR THROUGH THEIR
ATTORNEY
-AT-LAW MAKE, SIGN, AND FILE WITH THE COLORADO CIVIL
RIGHTS DIVISION
, CREATED IN SECTION 24-34-302, A VERIFIED WRITTEN
CHARGE STATING THE NAME AND ADDRESS OF THE RESPONDENT ALLEGED TO
HAVE COMMITTED THE DISCRIMINATORY OR UNFAIR PRACTICE
. THE CHARGE
MUST SET FORTH THE PARTICULARS OF THE ALLEGED DISCRIMINATORY OR
UNFAIR PRACTICE
, AND CONTAINING ANY OTHER INFORMATION REQUIRED BY
THE
COLORADO CIVIL RIGHTS DIVISION.
9-5.7-104. Restroom survey of state-owned buildings - priority
of modifications. (1) (a) T
HE DEPARTMENT OF PERSONNEL SHALL
COMPLETE A SURVEY AND PROVIDE IT TO THE GENERAL ASSEMBLY AND THE
CAPITAL DEVELOPMENT COMMITTEE DETERMINING THE NUMBER AND
LOCATIONS OF SIGNS THAT NEED TO BE REPLACED OR MODIFIED PURSUANT
TO SECTION
9-5.7-103 (3) FOR EXISTING RESTROOMS ACROSS ALL BUILDINGS
WHOLLY OR PARTIALLY OWNED BY THE STATE
.
(b) F
OR A BUILDING THAT IS WHOLLY OR PARTIALLY OWNED OR
PAGE 10-HOUSE BILL 23-1057 LEASED BY THE STATE OR A STATE AGENCY, IF SIGNAGE IS NEEDED AT EITHER
THE RESTROOM LOCATION OR THE DIRECTORY
, A PUBLIC ENTITY THAT IS A
STATE AGENCY OR A STATE INSTITUTION OF HIGHER EDUCATION SHALL
PROVIDE INFORMATION ON THE NUMBER AND LOCATIONS OF SIGNS THAT
NEED TO BE MODIFIED AND MAY REQUEST STATE FUNDING SUBJECT TO
AVAILABLE APPROPRIATIONS IN ORDER TO COMPLY WITH SECTION
9-5.7-103
(3)
TO THE STATE ARCHITECT.
(2) T
HE DEPARTMENT OF PERSONNEL SHALL PROVIDE AN INTERIM
REPORT TO THE GENERAL ASSEMBLY AND THE CAPITAL DEVELOPMENT
COMMITTEE BY
JANUARY 1, 2024, AND A FINAL REPORT BY JULY 1, 2024.
(3) F
OR PURPOSES OF COMPLYING WITH SECTION 9-5.7-103 (3), THE
DEPARTMENT OF PERSONNEL SHALL PRIORITIZE THE PLACEMENT OF SI GNAGE
IN BUILDINGS OR PORTIONS OF BUILDINGS THAT ARE ACCESSIBLE TO THE
PUBLIC
.
SECTION 2. Appropriation. (1) For the 2023-24 state fiscal year,
$450,000 is appropriated to the department of personnel for use by the
office of the state architect. This appropriation is from the general fund. To
implement this act, the office may use this appropriation as follows:
(a) $400,000 for statewide planning services; and
(b) $50,000 for a restroom survey of state-owned buildings.
(2) Any money appropriated under subsection (1)(a) of this section
not expended prior to July 1, 2024, is further appropriated to the office for
the 2024-25 and 2025-26 state fiscal years for the same purpose.
SECTION 3. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
PAGE 11-HOUSE BILL 23-1057 November 2023 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
Julie McCluskie Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 12-HOUSE BILL 23-1057