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

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Date Published: 07/12/2021 10:00 AM
AB1017:v96#DOCUMENT

Amended  IN  Senate  July 12, 2021
Amended  IN  Senate  June 30, 2021
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 each local government, as defined, to complete an inventory of public restrooms owned and maintained by the local government, either directly or by contract, that are available to the general population in its jurisdiction. The bill would require local governments to report their findings to the State Department of Public Health, which would be required to compile the information in a report to the Legislature, as provided. The bill would require each local government to make its inventory available to agencies and service providers that work directly with homeless populations within the local government’s jurisdiction and to make restroom location data and, with certain exceptions, to make the inventory available on its internet website, 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 The bill would be repealed by its own provisions on January 1, 2024.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 known, and may be cited, as the Right to Restrooms Act of 2021.
(b) Each local government shall complete an inventory of public restrooms owned and maintained, either directly or by contract, by the local government that are available to the general population in its jurisdiction. Local governments shall provide their findings a report to the State Department of Public Health not later than July 1, 2022. The report shall include all of the following:
(1) An inventory of public restrooms available for use by the jurisdiction’s general population, that includes, but shall not be limited to, the following information:

(1)

(A) A map of the locations of public restrooms available for use of the jurisdiction’s general population.

(2)

(B) A list of the inventory of public restrooms available for use of by the jurisdiction’s 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 a state of emergency.

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

(2) Short-term and long-term strategies that the local government has identified 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.
(2) The local government shall make the restroom location data contained in the inventory available to the public on its internet website. website, unless the special district is exempt from maintaining an internet website pursuant to Section 53087.8 of the Government Code.
(3) The local government 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.
(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 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.
(e) For purposes of this section: section, “local government” means a city, including a charter city, a county, a city and county, and a special district.

(1)“Local government” means a city, including a charter city, a county, a city and 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 section, which ensures access to public restrooms, 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.
(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.