ARIZONA STATE SENATE

RESEARCH STAFF

 

CHERIE STONE

LEGISLATIVE RESEARCH ANALYST

HEALTH & HUMAN SERVICES COMMITTEE

Telephone: (602) 926-3171

 

TO:                  MEMBERS OF THE SENATE

                        HEALTH & HUMAN SERVICES COMMITTEE

DATE:            March 26, 2019

SUBJECT:      Strike everything amendment to H.B. 2113, relating to public restrooms; changing stations


 


Purpose

Requires a public entity that constructs or renovates a restroom in a public building to include at least one changing station that is capable of serving babies and adults and that is accessible to both men and women.

Background

The Arizona Department of Administration (ADOA) is responsible for the maintenance, allocation of space, operation, alteration, renovation and security of specified public buildings, including: 1) the executive tower of the state Capitol building; 2) state office buildings in Tucson; and 3) all other buildings owned or leased by the state and located near the state Capitol building. Statute excludes certain buildings that are occupied, operated and maintained by specified state agencies from ADOA responsibility, including: 1) the Arizona Department of Transportation;
2) the Arizona Power Authority; 3) the Capitol Museum; 4) the legislative services wing; 5) the House of Representatives and Senate wings of the state Capitol building; and 6) the Arizona courts building (A.R.S. § 41-791).

            According to ADOA, there are approximately 300 restrooms in public buildings owned and maintained by ADOA on the Capitol Mall and approximately 1,400 restrooms statewide within the state's building system inventory, excluding the state's universities.

            Building renewal projects for buildings within the state building system inventory are funded by expenditures from the Capital Outlay Stabilization Fund that receives revenue from rent charged to state agencies on the Capitol Mall. According to a Joint Legislative Budget Committee fiscal note for a similar measure, the estimated cost per fixture to install an adult diaper changing station is between $3,600 and $10,000 depending on the changing station model (JLBC fiscal note).

Provisions

1.      Requires a public entity that constructs a new restroom in a public building or that totally renovates an existing restroom in a public building to:

a)      include at least one changing station that is accessible to both men and women and that is capable of serving both babies and adults;

b)      provide signage that indicates the changing station's location near the entrance to the changing station; and

c)      indicate the changing station's location in the building directory if such a directory exists.

2.      Permits the responsible authority to grant an exemption from changing station requirements if any of the following applies to the construction of a changing station that serves both babies and adults:

a)      the installation would not be feasible;

b)      the installation would result in a failure to comply with the Americans with Disabilities Act standards for access for persons with disabilities; or

c)      the installation would threaten or destroy the historic significance of a historic property.

3.      States that this legislation does not establish a private right of action.

4.      Defines public building, responsible authority and totally renovates.

5.      Becomes effective on the general effective date.