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AB-1017 Public restrooms: Right to Restrooms Act of 2021. (2021-2022)

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Date Published: 05/24/2021 03:39 PM
AB1017:v98#DOCUMENT

Amended  IN  Assembly  May 24, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1017


Introduced by Assembly Member Quirk-Silva
(Coauthor: Assembly Member Lorena Gonzalez)

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


AB 1017, as amended, 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, each state agency and local government, as defined, to do complete an inventory of public restrooms owned and maintained by the state agency or local government, as provided, that are available to the homeless population to use during the COVID-19 state of emergency, as defined. general population, as specified. The bill would require local governments and state agencies to report their findings to the Office of Emergency Services, State Department of Public Health, which would be required to compile the information in a report to the Legislature, as provided. This The bill would require local governments and state agencies to make their inventories available to agencies and service providers that work directly with homeless populations, as specified, and to make restroom location data available on their internet websites, as specified. The bill would be repealed by its own provisions on January 1, 2024.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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 Each local government and state agency shall complete an inventory of public restrooms owned and maintained, either directly or by contract, by the local government or state agency that are available to the homeless population in their respective jurisdictions for use during the COVID-19 state of emergency. general population in its jurisdiction. Local governments and state agencies shall provide their findings to the Office of Emergency Services State Department of Public Health not later than June July 1, 2022. The report shall include all of the following:
(1) A map of the locations of public restrooms available for use of the jurisdiction’s homeless population during the COVID-19 state of emergency. general population.
(2) A list of the inventory of public restrooms available for use of the jurisdiction’s homeless population during the COVID-19 state of emergency. general population. The list shall include the hours of operation, basic maintenance practices, security presence, and any applicable use fee for each public restroom included in the inventory.
(3) Short-term strategies for ensuring general and homeless populations have adequate access to restrooms during the COVID-19 a state of emergency.
(4) Long-term strategies for ensuring general and homeless populations have adequate access to restrooms.
(c) (1) A local government shall make its inventory completed pursuant to subdivision (b) available to agencies and service providers that work directly with homeless populations within the local government’s jurisdiction. A state agency shall make its inventory available to agencies and service providers that work directly with homeless populations within the state.
(2) The local government or state agency shall make the restroom location data contained in the inventory available to the public on its internet website.
(3) The local government or state agency shall disseminate and make available restroom location data in user friendly formats, including paper pamphlet, downloadable portable document format (PDF), and the complete data in a binder, for individual, service provider, and local official use.

(c)The Office of Emergency Services

(d) The State Department of Public Health shall compile the information provided by local governments and shall submit a report of the information to the Legislature. Legislature no later than March 1, 2023. 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.

(e) For purposes of this section:

(2)“Local government,” as referenced in this section

(1) “Local government” means a city, including a charter city, a county, and a city and county. county, and a special district.
(2) “State of emergency” means a state of emergency proclaimed by the Governor.
(f) The Legislature finds and declares that this section addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this section applies to all cities, including charter cities.

(e)

(g) 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.