Amendments for HB23-1057
House Journal, February 14
48 Amend printed bill, strike everything below the enacting clause and
49 substitute:
50
51 "SECTION 1. In Colorado Revised Statutes, add article 5.7 to
52 title 9 as follows:
53
7 1 ARTICLE 5.
2 Amenities For All Genders In Public Buildings
3 9-5.7-101. Legislative declaration. (1) THE GENERAL ASSEMBLY
4 FINDS AND DECLARES THAT:
5 (a) IT IS A MATTER OF STATEWIDE CONCERN TO PROMOTE THE
6 PUBLIC WELFARE BY PROVIDING ACCESS TO NON-GENDERED RESTROOM
7 FACILITIES THAT ARE CONVENIENT FOR PEOPLE OF ALL GENDERS,
8 INCLUDING THOSE OUTSIDE THE GENDER BINARY;
9 (b) THE LACK OF ADEQUATE RESTROOM FACILITIES LEADS TO
10 UNSAFE AND INEQUITABLE CONDITIONS FOR COLORADO CHILDREN,
11 FAMILIES, AND COMMUNITIES. EXPERTS FROM HEALTH PROVIDERS TO
12 FAITH LEADERS, INCLUDING THE OCCUPATIONAL SAFETY AND HEALTH
13 ADMINISTRATION, STRESS THE NEED FOR SINGLE OCCUPANCY
14 NON-GENDERED RESTROOMS AND MULTIPLE-OCCUPANT OR
15 MULTIPLE-STALLED NON-GENDERED RESTROOMS TO BE ACCESSIBLE FOR
16 ALL EMPLOYEES AND INDIVIDUALS. THE LACK OF ACCESSIBILITY TO
17 RESTROOM FACILITIES THAT ARE CONSISTENT WITH AN INDIVIDUAL'S
18 GENDER IDENTITY SINGLES OUT THOSE INDIVIDUALS AND CAN RESULT IN
19 EXPERIENCES OF HARASSMENT AND CAUSE THOSE INDIVIDUALS TO AVOID
20 RESTROOMS ENTIRELY, WHICH CAN LEAD TO POTENTIALLY SERIOUS
21 PHYSICAL INJURY OR ILLNESS. ACCESS TO NON-GENDERED RESTROOMS
22 HAS FAR-REACHING BENEFITS FOR PARENTS CARING FOR A CHILD,
23 INCLUDING PARENTS WITH YOUNG CHILDREN WHO NEED TO ACCESS A
24 BABY DIAPER CHANGING STATION AND INDIVIDUALS WITH DISABILITIES
25 WHO HAVE A CARETAKER OF A DIFFERENT GENDER TO ASSIST THEM. thank
26 (c) MEN'S RESTROOMS AND SINGLE-STALL RESTROOMS TYPICALLY
27 DO NOT PROVIDE BABY DIAPER CHANGING STATIONS. THIS CREATES
28 ACCESSIBILITY INEQUITY FOR PARENTS AND CARE PROVIDERS WHO DO NOT
29 IDENTIFY AS WOMEN OR WHO MAY NOT BE COMFORTABLE USING WOMEN'S
30 RESTROOMS, AND CREATES POTENTIAL HEALTH AND SAFETY PROBLEMS
31 FOR BABIES. WITHOUT CLEAN AND SAFE BABY DIAPER CHANGING
32 STATIONS, THESE CARE PROVIDERS MAY BE FORCED TO RESORT TO UNSAFE
33 AND UNSANITARY LOCATIONS, SUCH AS RESTROOM FLOORS, TO CHANGE
34 BABIES' DIAPERS. REQUIRING EQUITABLE ACCESS TO AMENITIES IN PUBLIC
35 RESTROOMS WOULD MAKE IT EASIER FOR PARENTS AND CARE PROVIDERS
36 OF ALL GENDERS TO FIND A SAFE AND SUITABLE PLACE TO CHANGE BABIES'
37 DIAPERS. PROVIDING SAFE, RELIABLE, AND CLEAN BABY DIAPER CHANGING
38 STATIONS IN ALL RESTROOM FACILITIES ENABLES BETTER CARETAKING FOR
39 INFANTS BY ALL PARENTS AND CARE PROVIDERS, AND SAFER CONDITIONS
40 FOR INFANTS.
41 (d) REQUIRING ALL SINGLE-STALL RESTROOMS TO BE DESIGNATED
42 FOR USE BY ANY GENDER REDUCES WAIT TIMES AND INCREASES COMFORT
43 AND ACCESSIBILITY FOR CARE PROVIDERS AND PEOPLE RECEIVING CARE,
44 INDIVIDUALS WITH DIVERSE GENDER EXPRESSIONS, AND LGBT
45 INDIVIDUALS. FOR LGBT INDIVIDUALS OR INDIVIDUALS WITH DIVERSE
46 GENDER EXPRESSIONS, USING GENDERED FACILITIES CAN POSE HEALTH
47 AND SAFETY ISSUES STEMMING FROM EXPERIENCES OF HARASSMENT AND
48 PHYSICAL THREATS IN GENDERED FACILITIES REGARDLESS OF WHICH
49 GENDERED FACILITY THEY USE OR THEIR PHYSICAL PRESENTATION. DUE
50 TO THESE EXPERIENCES AND ASSOCIATED STIGMA, SOME PEOPTODAYLE
51 AVOID USING PUBLIC RESTROOMS WHENEVER POSSIBLE AND MAY REFRAIN
52 FROM EATING, DRINKING, OR RELIEVING THEMSELVES FOR EXTENDED
53 PERIODS OF TIME IN ORDER TO AVOID GENDERED FACILITIES. DELAYING OR
54 AVOIDING USING THE RESTROOM CAN HAVE PHYSICAL HEALTH
55 IMPLICATIONS.
1 (e) THE "INTERNATIONAL PLUMBING CODE", 2021 EDITION,
2 REFERRED TO IN THIS ARTICLE 5.7 AS THE "I.P.C.", INCLUDES TWO
3 AMENDMENTS REGARDING NON-GENDERED RESTROOMS. ONE AMENDMENT
4 REQUIRES SIGNAGE ON SINGLE-STALL RESTROOMS TO INDICATE THAT THEY
5 ARE OPEN TO ANY USER REGARDLESS OF GENDER. THE OTHER AMENDMENT
6 ALLOWS THE CREATION OF NON-GENDERED MULTI-STALL DESIGNS WITH
7 SHARED SINKS AND EACH TOILET IN A PRIVATE COMPARTMENT.
8 (f) THE I.P.C. ALSO REQUIRES THAT SINGLE-STALL RESTROOMS BE
9 IDENTIFIED FOR USE BY ALL INDIVIDUALS REGARDLESS OF SEX AND
10 ALLOWS FOR MULTI-USER FACILITIES TO SERVE ALL GENDERS. THE
11 COLORADO STATE ARCHITECT ADOPTS CODES FOR CONSTRUCTION AT ALL
2021 12 STATE-OWNED BUILDINGS AND FACILITIES, AND HAS ADOPTED THE
13 EDITION OF THE INTERNATIONAL BUILDING CODE.
14 9-5.7-102. Definitions. AS USED IN THIS ARTICLE 5.7, UNLESS THE
15 CONTEXT OTHERWISE REQUIRES:
16 (1) "CERTIFIED HISTORIC STRUCTURE" MEANS A PROPERTY
17 LOCATED IN COLORADO THAT HAS BEEN CERTIFIED BY THE STATE
18 HISTORICAL SOCIETY OR AN ENTITY OTHER THAN THE OWNER OF THE
19 PROPERTY THAT IS AUTHORIZED, PURSUANT TO SECTION 24-80.1-105 (1),
20 TO NOMINATE PROPERTIES TO THE STATE REGISTER OF HISTORIC
21 PROPERTIES AS A HISTORIC STRUCTURE BECAUSE IT HAS BEEN:
22 (a) LISTED INDIVIDUALLY ON, OR AS A CONTRIBUTING PROPERTY
23 IN A DISTRICT INCLUDED WITHIN, THE NATIONAL REGISTER OF HISTORIC
24 PLACES;
25 (b) LISTED INDIVIDUALLY ON, OR AS A CONTRIBUTING PROPERTY
26 IN A DISTRICT THAT IS INCLUDED WITHIN, THE STATE REGISTER OF
27 HISTORIC PROPERTIES PURSUANT TO ARTICLE 80.1 OF TITLE 24.; OR
28 (c) LISTED INDIVIDUALLY BY, OR AS A CONTRIBUTING PROPERTY
29 WITHIN A DESIGNATED HISTORIC DISTRICT OF, A CERTIFIED LOCAL
30 GOVERNMENT.
31 (2) "GENDER-SPECIFIC RESTROOM" MEANS A RESTROOM THAT IS
32 DESIGNATED FOR USE BY ONLY ONE GENDER.
33 (3) "LGBT INDIVIDUAL" MEANS AN INDIVIDUAL WHO IS A MEMBER
34 OF THE LESBIAN, GAY, BISEXUAL, TRANSGENDER, AND NON-BINARY
35 COMMUNITY.
36 (4) "NON-GENDERED MULTI-STALL RESTROOM" MEANS A
37 RESTROOM WITH MULTIPLE TOILETS THAT IS AVAILABLE FOR USE BY
38 PEOPLE OF ANY GENDER, INCLUDING A RESTROOM WITH SHARED SINKS BUT
39 EACH TOILET IS IN A PRIVATE COMPARTMENT.
40 (5) "NON-GENDERED SINGLE-STALL RESTROOM" MEANS A
41 RESTROOM THAT IS AVAILABLE FOR USE BY PEOPLE OF ANY GENDER THAT
42 IS A FULLY ENCLOSED ROOM WITH A LOCKING MECHANISM CONTROLLED
43 BY THE USER AND CONTAINS A SINK, TOILET, AND NO MORE THAN ONE
44 URINAL.
45 (6) "RENOVATION OF A RESTROOM" MEANS CONSTRUCTION TO A
46 RESTROOM FOR WHICH A PERMIT IS REQUIRED, OTHER THAN A REPAIR,
47 THAT INCLUDES CHANGING THE STRUCTURE BY INCREASING THE SQUARE
48 FOOTAGE; INSTALLING OR MODIFYING A PLUMBING OR ELECTRIC SYSTEM;
49 ADDING, GUTTING OR REMOVING WALLS; OR INSTALLING A HEATING,
50 VENTILATION OR AIR CONDITIONING SYSTEM.
51 (7) "PUBLIC ENTITY" MEANS A STATE INSTITUTION OF HIGHER
52 EDUCATION, AS DEFINED IN SECTION 23-18-102 (10), A COUNTY, A CITY
53 AND COUNTY, OR A MUNICIPALITY. FOR PURPOSES OF THIS ARTICLE 5.7, A
1 STATE AGENCY DOES NOT INCLUDE ANY BUILDING OWNED AND OPERATED
2 AS AN EDUCATION FACILITY BY A SCHOOL DISTRICT, CHARTER SCHOOL, OR
3 INSTITUTE CHARTER SCHOOL.
4 9-5.7-103. Restrooms - baby diaper changing stations -
5 applicability - signage - enforcement. (1) ON AND AFTER JANUARY 1,
6 2024, A PUBLIC BUILDING THAT IS WHOLLY OR PARTIALLY OWNED BY THE
7 STATE OR A STATE AGENCY THAT IS SCHEDULED FOR RENOVATION OF A
8 RESTROOM OR NEWLY CONSTRUCTED BUILDING MUST, IN ANY PORTION
9 THAT IS ACCESSIBLE TO THE PUBLIC:
10 (a) PROVIDE A NON-GENDERED SINGLE-STALL RESTROOM OR A
11 NON-GENDERED MULTI-STALL RESTROOM ON EACH FLOOR WHERE A
12 RESTROOM IS PUBLICLY AVAILABLE;
13 (b) ENSURE THAT ANY SINGLE-STALL RESTROOM IS NOT A
14 GENDER-SPECIFIC RESTROOM;
15 (c) ALLOW FOR THE USE OF A MULTI-STALL RESTROOM BY ANY
16 GENDER IF CERTAIN FACILITY FEATURES ARE MET PURSUANT TO THE I.P.C.
17 OR ANY SUBSEQUENT INTERNATIONAL PLUMBING CODE ADOPTED AS PART
18 OF THE COLORADO PLUMBING CODE AND THE COLORADO FUEL GAS CODE
19 ADOPTED BY THE STATE PLUMBING BOARD PURSUANT TO SECTION
20 12-155-106; AND
21 (d) (I) PROVIDE ANY CAREGIVER ON THE GENDER BINARY THAT IS
22 CARING FOR AN INFANT ACCESS TO AT LEAST ONE SAFE, SANITARY, AND
23 CONVENIENT BABY DIAPER CHANGING STATION THAT IS ACCESSIBLE TO
24 THE PUBLIC ON EACH FLOOR WHERE THERE IS A PUBLICLY ACCESSIBLE
25 RESTROOM AND THAT INCLUDES:
26 (A) IF ONLY GENDER-SPECIFIC RESTROOMS ARE AVAILABLE, AT
27 LEAST ONE CHANGING TABLE IN EACH RESTROOM;
28 (B) IF A NON-GENDERED SINGLE-STALL RESTROOM IS AVAILABLE,
29 AT LEAST ONE CHANGING TABLE IN THAT RESTROOM, AND PUBLIC ENTITIES
30 ARE ENCOURAGED TO ALSO PROVIDE CHANGING TABLES IN EACH OF THE
31 SINGLE-STALL GENDER-SPECIFIC RESTROOMS;
32 (C) IF A NON-GENDERED MULTI-STALL RESTROOM IS AVAILABLE,
33 AT LEAST ONE CHANGING TABLE IN THAT RESTROOM, AND PUBLIC ENTITIES
34 ARE ENCOURAGED TO ALSO PROVIDE CHANGING TABLES IN EACH OF THE
35 GENDER-SPECIFIC RESTROOMS; OR
36 (D) AN EASILY ACCESSIBLE LOCATION WITH EQUIVALENT PRIVACY
37 AND AMENITIES AS A RESTROOM; AND
38 (II) ENSURE THAT EACH BABY DIAPER CHANGING STATION IS
39 MAINTAINED, REPAIRED, AND REPLACED AS NECESSARY TO ENSURE
40 SAFETY AND EASE OF USE AND CLEANED WITH THE SAME FREQUENCY AS
41 THE RESTROOM IN WHICH IT IS LOCATED OR RESTROOMS ON THE SAME
42 FLOOR OR IN THE SAME SPACE IF THE CHANGING TABLE IS NOT LOCATED IN
43 A RESTROOM.
44 (2) ON AND AFTER JULY 1, 2025, A BUILDING THAT IS WHOLLY OR
45 PARTIALLY OWNED BY THE STATE OR A STATE AGENCY AND THAT IS
46 EITHER A NEWLY CONSTRUCTED BUILDING THAT IS ACCESSIBLE TO
47 EMPLOYEES OR ENROLLED STUDENTS OR IS UNDERGOING A RESTROOM
48 RENOVATION MUST:
49 (a) PROVIDE A NON-GENDERED SINGLE-STALL RESTROOM OR A
50 NON-GENDERED MULTI-STALL RESTROOM ON EACH FLOOR WHERE
51 RESTROOMS ARE ACCESSIBLE BY EMPLOYEES OR STUDENTS;
52 (b) ENSURE THAT ANY SINGLE-STALL RESTROOM IS NOT A
53 GENDER-SPECIFIC RESTROOM; AND
54 (c) ALLOW FOR THE USE OF A MULTI-STALL RESTROOM BY ANY
55 GENDER IF CERTAIN FACILITY FEATURES ARE MET PURSUANT TO THE I.P.C.,
1 OR ANY SUBSEQUENT INTERNATIONAL PLUMBING CODE ADOPTED AS PART
2 OF THE COLORADO PLUMBING CODE OR THE COLORADO FUEL GAS CODE
3 ADOPTED BY THE STATE PLUMBING BOARD PURSUANT TO SECTION
4 12-155-106.
5 (3) ON AND AFTER JULY 1, 2024, A BUILDING THAT IS WHOLLY OR
6 PARTIALLY OWNED OR LEASED BY THE STATE OR A STATE AGENCY, MUST
7 ENSURE THAT SIGNAGE FOR THE BUILDING OR THE PORTION OF THE
8 BUILDING LEASED OR OWNED COMPLIES WITH THE FOLLOWING SIGNAGE
9 REQUIREMENTS:
10 (a) ANY RESTROOM WITH A BABY DIAPER CHANGING STATION
11 MUST HAVE SIGNAGE WITH A PICTOGRAM VOID OF GENDER THAT
12 INDICATES THE PRESENCE OF THE BABY DIAPER CHANGING STATION;
13 (b) ANY NON-GENDERED MULTI-STALL RESTROOM OR
14 NON-GENDERED SINGLE-STALL RESTROOM MUST HAVE SIGNAGE WITH A
15 PICTOGRAM VOID OF GENDER;
16 (c) EACH BUILDING THAT IS ACCESSIBLE BY THE PUBLIC MUST
17 INCLUDE SIGNAGE AT OR NEAR THE ENTRANCE TO THE BUILDING
18 INDICATING THE LOCATION OF RESTROOMS AND BABY DIAPER CHANGING
19 STATIONS. IF THERE IS A CENTRAL DIRECTORY IDENTIFYING, FOR THE
20 BENEFIT OF THE PUBLIC, THE LOCATION OF OFFICES, RESTROOMS, AND
21 OTHER FACILITIES IN THE BUILDINGS, THAT CENTRAL DIRECTORY MUST
22 INDICATE WITH A PICTOGRAM VOID OF GENDER THE LOCATION OF ANY
23 BABY DIAPER CHANGING STATION AND THE LOCATION OF ANY
24 NON-GENDERED MULTI-STALL RESTROOM OR SINGLE-STALL RESTROOM.
25 (d) ALL PUBLIC BUILDINGS WITH NON-GENDERED MULTI-STALL
26 RESTROOMS OR NON-GENDERED SINGLE-STALL RESTROOMS MUST UPDATE
27 SIGNAGE, IF NECESSARY, TO INCLUDE A PICTOGRAM VOID OF GENDER.
28 (4) ALL RESTROOMS SUBJECT TO SUBSECTIONS (1) AND (2) OF THIS
29 SECTION SHALL COMPLY WITH THE CURRENT "ADA STANDARDS FOR
30 ACCESSIBLE DESIGN" SET FORTH IN 28 CFR 35, APPLICABLE TO PUBLIC
31 ENTITIES AND PROMULGATED IN ACCORDANCE WITH THE FEDERAL
32 "AMERICANS WITH DISABILITIES ACT OF 1990", 42 U.S.C. SEC. 12101 ET.
33 SEQ., AS AMENDED.
34 (5) SUBSECTIONS (1) AND (2) OF THIS SECTION DO NOT APPLY TO
35 THE RENOVATION OF A RESTROOM OR A NEWLY CONSTRUCTED BUILDING
36 PROJECT IF:
37 (a) A LOCAL BUILDING PERMITTING ENTITY OR BUILDING
38 INSPECTOR DETERMINES THAT THE INSTALLATION OF A BABY DIAPER
39 CHANGING STATION IN ACCORDANCE WITH SUBSECTION (1)(d) OF THIS
40 SECTION WOULD RESULT IN A FAILURE TO COMPLY WITH APPLICABLE
41 BUILDING STANDARDS GOVERNING THE RIGHT OF ACCESS FOR INDIVIDUALS
42 WITH DISABILITIES. THE PERMITTING ENTITY OR BUILDING INSPECTOR MAY
43 GRANT AN EXEMPTION FROM THE REQUIREMENTS OF THIS SECTION UNDER
44 THOSE CIRCUMSTANCES, PROVIDED THAT THERE IS DOCUMENTATION
45 DEMONSTRATING THAT NO ALTERNATIVE DESIGN IS POSSIBLE THAT
46 COMPLIES WITH THE RIGHT OF ACCESS FOR INDIVIDUALS WITH DISABILITIES
47 AND A GOOD FAITH ATTEMPT HAS BEEN MADE TO DESIGN A RESTROOM IN
48 A MANNER THAT WOULD ACCOMMODATE INDIVIDUALS WITH DISABILITIES
49 AND THE INSTALLATION OF A BABY DIAPER CHANGING STATION IN
50 ACCORDANCE WITH SUBSECTION (1)(d) OF THIS SECTION.
51 (b) THE PROJECT HAS ALREADY PROGRESSED THROUGH THE
52 DESIGN REVIEW PROCESS, BUDGETING, AND FINAL APPROVAL BY THE
53 GOVERNING BODY THAT HAS FINAL APPROVAL OVER CAPITAL
54 CONSTRUCTION PROJECT EXPENDITURES AS OF THE EFFECTIVE DATE OF
55 THIS SUBSECTION (5)(b), AS ENACTED BY HOUSE BILL 23-1057.
1 (c) THE BUILDING IS DESIGNATED AS A CERTIFIED HISTORIC
2 STRUCTURE.
3 (6) ANY EMPLOYEE WITH A DESIGNATED WORKPLACE THAT IS A
4 PUBLIC BUILDING WHO CLAIMS TO BE AGGRIEVED BY A DISCRIMINATORY
5 OR UNFAIR PRACTICE AS DEFINED BY PART 4 OF ARTICLE 34 OF TITLE 24,
6 INCLUDING FAILURE TO COMPLY WITH THIS ARTICLE 5.7, MAY
7 INDIVIDUALLY OR THROUGH THEIR ATTORNEY-AT-LAW MAKE, SIGN, AND
8 FILE WITH THE COLORADO CIVIL RIGHTS DIVISION, CREATED IN SECTION
9 24-34-302, A VERIFIED WRITTEN CHARGE STATING THE NAME AND
10 ADDRESS OF THE RESPONDENT ALLEGED TO HAVE COMMITTED THE
11 DISCRIMINATORY OR UNFAIR PRACTICE. THE CHARGE MUST SET FORTH THE
12 PARTICULARS OF THE ALLEGED DISCRIMINATORY OR UNFAIR PRACTICE,
13 AND CONTAINING ANY OTHER INFORMATION REQUIRED BY THE COLORADO
14 CIVIL RIGHTS DIVISION.
15 SECTION 2. Act subject to petition - effective date. This act
16 takes effect at 12:01 a.m. on the day following the expiration of the
17 ninety-day period after final adjournment of the general assembly; except
18 that, if a referendum petition is filed pursuant to section 1 (3) of article V
19 of the state constitution against this act or an item, section, or part of this
20 act within such period, then the act, item, section, or part will not take
21 effect unless approved by the people at the general election to be held in
22 November 2023 and, in such case, will take effect on the date of the
23 official declaration of the vote thereon by the governor.".
House Journal, April 21
32 HB23-1057 be amended as follows, and as so amended, be referred to
33 the Committee of the Whole with favorable
34 recommendation:
35
36 Amend the State, Civil, Military, and Veterans Affairs Committee Report,
37 dated February 13, 2023, page 3, line 40, after "A" insert "STATE
38 DEPARTMENT OR STATE AGENCY,".
39
40 Page 4, line 1, before "A" insert "THE DEPARTMENT OF EDUCATION OR".
41
42 Page 4, line 5, strike "PUBLIC".
43
44 Page 4, lines 5 and 6, strike "THE STATE OR A STATE AGENCY" and
45 substitute "A PUBLIC ENTITY".
46
47 Page 5, line 1, strike "THE STATE OR A STATE AGENCY" and substitute "A
48 PUBLIC ENTITY".
49
50 Page 5, line 16, strike "ON AND AFTER JULY 1, 2024," and substitute
51 "BEGINNING JULY 1, 2024, BUT NO LATER THAN JULY 1, 2026, SUBJECT TO
52 AVAILABLE APPROPRIATIONS FOR PUBLIC ENTITIES THAT ARE A STATE
53 AGENCY,".
54
55
1 Page 5, line 17, strike "THE STATE OR A STATE AGENCY," and substitute "A
2 PUBLIC ENTITY".
3
4 Page 6, after line 37 insert:
5
6 "9-5.7-104. Restroom survey of state-owned buildings -
7 priority of modifications. (1) (a) THE DEPARTMENT OF PERSONNEL
8 SHALL COMPLETE A SURVEY AND PROVIDE IT TO THE GENERAL ASSEMBLY
9 AND THE CAPITAL DEVELOPMENT COMMITTEE DETERMINING THE NUMBER
10 AND LOCATIONS OF SIGNS THAT NEED TO BE REPLACED OR MODIFIED
11 PURSUANT TO SECTION 9-5.7-103 (3) FOR EXISTING RESTROOMS ACROSS
12 ALL BUILDINGS WHOLLY OR PARTIALLY OWNED BY THE STATE.
13 (b) FOR A BUILDING THAT IS WHOLLY OR PARTIALLY OWNED OR
14 LEASED BY THE STATE OR A STATE AGENCY, IF SIGNAGE IS NEEDED AT
15 EITHER THE RESTROOM LOCATION OR THE DIRECTORY, A PUBLIC ENTITY
16 THAT IS A STATE AGENCY OR A STATE INSTITUTION OF HIGHER EDUCATION
17 SHALL PROVIDE INFORMATION ON THE NUMBER AND LOCATIONS OF SIGNS
18 THAT NEED TO BE MODIFIED AND MAY REQUEST STATE FUNDING SUBJECT
19 TO AVAILABLE APPROPRIATIONS IN ORDER TO COMPLY WITH SECTION
20 9-5.7-103 (3) TO THE STATE ARCHITECT.
21 (2) THE DEPARTMENT OF PERSONNEL SHALL PROVIDE AN INTERIM
22 REPORT TO THE GENERAL ASSEMBLY AND THE CAPITAL DEVELOPMENT
23 COMMITTEE BY JANUARY 1, 2024, AND A FINAL REPORT BY JULY 1, 2024.
24 (3) FOR PURPOSES OF COMPLYING WITH SECTION 9-5.7-103 (3), THE
25 DEPARTMENT OF PERSONNEL SHALL PRIORITIZE THE PLACEMENT OF
26 SIGNAGE IN BUILDINGS OR PORTIONS OF BUILDINGS THAT ARE ACCESSIBLE
27 TO THE PUBLIC.".
28
29 Page 6, before line 38 insert:
30
31 "SECTION 2. Appropriation. (1) For the 2023-24 state fiscal
32 year, $450,000 is appropriated to the department of personnel for use by
33 the office of the state architect. This appropriation is from the general
34 fund. To implement this act, the office may use this appropriation as
35 follows:
36 (a) $400,000 for statewide planning services; and
37 (b) $50,000 for a restroom survey of state-owned buildings.
38 (2) Any money appropriated under subsection (1)(a) of this
39 section not expended prior to July 1, 2024, is further appropriated to the
40 office for the 2024-25 and 2025-26 state fiscal years for the same
41 purpose.".
42
43 Renumber succeeding section accordingly.
44
45 Page 7, after line 3 insert:
46
47 "Page 1 of the bill, line 102, strike "GENDERS." and substitute "GENDERS,
48 AND, IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.".".
49
50
House Journal, April 21
1 Amendment No. 1, Appropriations Report, dated April 21, 2023, and
2 placed in member's bill file; Report also printed in House Journal,
3 April 21, 2023.
4
5 Amendment No. 2, State, Civic, Military, & Veterans Affairs Report,
6 dated February 13, 2023, and placed in member's bill file; Report also
7 printed in House Journal, February 14, 2023.
8
9 Amendment No. 3, by Representative McCormick:
10
11 Amend the State, Civil, Military, and Veterans Affairs Committee Report,
12 dated February 13, 2023, page 2, line 2, strike "thank".
13
14 Page 2, line 27, strike "PEOPTODAYLE" and substitute "PEOPLE".
15
16 Page 3, after line 4 insert:
17 "(1) "ACCESSIBLE TO THE PUBLIC" MEANS ANY INDOOR OR
18 OUTDOOR SPACE OR AREA THAT IS OPEN TO THE PUBLIC. THIS DOES NOT
19 INCLUDE PRIVATE OFFICES OR WORKSPACES THAT ARE GENERALLY NOT
20 OPEN TO CUSTOMERS OR PUBLIC VISITORS.".
21
22 Renumber succeeding subsections accordingly.
23
24 Page 4, lines 7 and 8, strike "MUST, IN ANY PORTION THAT IS ACCESSIBLE
25 TO THE PUBLIC:" and substitute "MUST:".
26
27 Page 4, line 11, strike "PUBLICLY AVAILABLE;" and substitute
28 "ACCESSIBLE TO THE PUBLIC;".
29
30 Page 4, line 23, strike "PUBLICLY ACCESSIBLE".
31
32 Page 4, line 24, after "RESTROOM" insert "ACCESSIBLE TO THE PUBLIC".
33
34 Page 5, line 6 , strike "RESTROOM ON EACH FLOOR WHERE" and substitute
35 "RESTROOM;".
36
37 Page 5, strike line 7.
38
39 Page 5, line 25, before "NON-GENDERED" insert "SINGLE-GENDERED OR".
40
41 Page 5, line 27, strike "BY" and substitute "TO".
42
43 Page 5, lines 30 and 31, strike "IDENTIFYING, FOR THE BENEFIT OF THE
44 PUBLIC," and substitute "ACCESSIBLE TO THE PUBLIC IDENTIFYING".
45
46 Page 5, line 36, strike "PUBLIC BUILDINGS" and substitute "BUILDINGS
47 ACCESSIBLE TO THE PUBLIC".
48
49 Page 6, line 26 and 27, strike "A PUBLIC BUILDING" and substitute "IN A
50 BUILDING WHOLLY OR PARTIALLY OWNED BY A PUBLIC ENTITY".
51
52 Amendment No. 4, by Representative McCormick:
53
54 Amend the State, Civil, Military, and Veterans Affairs Committee Report,
55 dated February 13, 2023, page 3, strike lines 34 through 39 and substitute:
56
1 "(7) (a) "RENOVATION OF A RESTROOM" MEANS CONSTRUCTION TO
2 A RESTROOM:
3 (I) FOR WHICH A PERMIT IS REQUIRED OTHER THAN FOR A REPAIR;
4 AND
5 (II) THAT INCLUDES CHANGING THE STRUCTURE BY:
6 (A) INCREASING THE SQUARE FOOTAGE;
7 (B) INSTALLING OR MODIFYING A PLUMBING OR ELECTRIC SYSTEM;
8 (C) ADDING, GUTTING, OR REMOVING EXTERIOR RESTROOM
9 WALLS; OR
10 (D) INSTALLING A HEATING, VENTILATION, OR AIR CONDITIONING
11 SYSTEM.
12 (b) FOR PURPOSES OF THIS SECTION, RENOVATION DOES NOT
13 INCLUDE REPAIRS TO OR REPLACEMENT OF FIXTURES OR FEATURES OF THE
14 RESTROOM IN ORDER TO RESTORE SOMETHING THAT IS DAMAGED,
15 DETERIORATED, OR BROKEN IN A RESTROOM TO ITS ORIGINAL FUNCTION
16 THAT DOES NOT MEET THE CRITERIA DESCRIBED IN SUBSECTION (7)(a) OF
17 THIS SECTION.".
18
19 As amended, ordered engrossed and placed on the Calendar for Third
20 Reading and Final Passage.
21
Senate Journal, May 3
After consideration on the merits, the Committee recommends that HB23-1057 be
amended as follows, and as so amended, be referred to the Committee on Appropriations
with favorable recommendation.
Amend reengrossed bill, page 7, strike lines 22 and 23 and substitute:
"ENTITY THAT IS:
(a) SCHEDULED FOR RENOVATION OF A RESTROOM MUST:
(I) PROVIDE A NON-GENDERED SINGLE-STALL RESTROOM OR A
NON-GENDERED MULTI-STALL RESTROOM WHERE A RESTROOM IS ACCESSIBLE
TO THE PUBLIC;
(II) ENSURE THAT ANY SINGLE-STALL RESTROOM IS NOT A
GENDER-SPECIFIC RESTROOM;
(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 INTERNATIONAL 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) 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 WHERE A RESTROOM IS ACCESSIBLE TO THE
PUBLIC AS FOLLOWS:
(A) IF ONLY GENDER-SPECIFIC RESTROOMS ARE AVAILABLE, AT LEAST
ONE CHANGING TABLE IN EACH RESTROOM;
(B) IF 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) IF 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.".
Page 7, after line 23 insert:
"(b) A NEWLY CONSTRUCTED BUILDING ON EACH FLOOR MUST:".
Page 7, line 24, strike "(a)" and substitute "(I)".
Page 7, line 27, strike "(b)" and substitute "(II)".
Page 8, line 2, strike "(c)" and substitute "(III)".
Page 8, line 8, strike "(d) (I)" and substitute "(IV)".
Page 8, line 25, strike "(II)" and substitute "(V)".
Page 9, strike lines 5 through 7 and substitute "PARTIALLY OWNED BY A PUBLIC
ENTITY THAT:
(a) IS ACCESSIBLE TO EMPLOYEES OR ENROLLED STUDENTS AND THAT
IS SCHEDULED FOR RENOVATION OF A RESTROOM MUST:
(I) PROVIDE A NON-GENDERED SINGLE-STALL RESTROOM OR A
NON-GENDERED MULTI-STALL RESTROOM;
(II) ENSURE 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 INTERNATIONAL 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) IS A NEWLY CONSTRUCTED BUILDING ON EACH FLOOR MUST:".
Page 9, line 8, strike "(a)" and substitute "(I)".
Page 9, line 10, strike "(b)" and substitute "(II)".
Page 9, line 12, strike "(c)" and substitute "(III)".