HB 141-PUBLIC BUILDINGS: CHANGING FACILITIES  4:33:38 PM CHAIR MINA announced that the final order of business would be HOUSE BILL NO. 141, "An Act relating to universal changing facilities in public buildings." 4:34:08 PM REPRESENTATIVE ASHLEY CARRICK, Alaska State Legislature, as prime sponsor, briefly presented HB 141. She said that HB 141 would require the installation of at least one changing facility that is universal in all public buildings during renovation or construction that costs over $30,000. She said that the addition of these changing tables would foster inclusion for all people, regardless of age, disability status, or medical condition. She added that seven states have passed bills similar to HB 141 into law. 4:35:29 PM GRIFFEN SUKKAEW, Staff, Representative Ashley Carrick, Alaska State Legislature, on behalf of Representative Carrick, prime sponsor of HB 141, stated that there are many benefits of universal changing facilities, including ensuring all people are treated with dignity, regardless of age, disability status, or medical condition. He said that these facilities would require private, safe, hygienic restroom spaces for all individuals. He stated that they would also increase public involvement by increasing inclusion and decreasing isolation of individuals, their families, and their caretakers. He then displayed images for the committee to better understand the installation process and stated that they typically cost between $2,000 and $5,000. 4:37:05 PM REPRESENTATIVE CARRICK said that she included Alaska's deferred maintenance listed in her slideshow to illustrate the scope of what would be fixed under HB 141. 4:38:02 PM MR. SUKKAEW said that seven states have already passed legislation relating to the use of universal changing facilities. He listed those states as well as the four states pending similar legislation. 4:38:51 PM CHAIR MINA, in response to Representative Carrick, asked for the presentation of the sectional analysis. 4:39:07 PM MR. SUKKAEW gave the sectional analysis for HB 141 [included in the committee file], which read as follows [original punctuation provided]: Section 1. Amends AS 18.35 by adding a section 18.35.150 which relates to universal changing facilities in public buildings. Subsection a. Establishes requirements for the instillation of at least one universal changing facility in all public buildings during any new construction or remodel that costs over $30,000. These requirements include -buildings having at least one public restroom with a universal changing facility -buildings having at least one universal changing facility in both the men's and women's restroom if all restroom in the building are divided by gender Subsection b. Establishes exemptions to subsection a. These exemptions include -if the instillation of a universal changing facility is not practicable -if the instillation of a universal changing facility would cause the restroom to no longer meet accessible building standards Subsection c. Establishes that the owner or building tenant must report the location of the universal changing facility Subsection d. Establishes that the department must include the location of the universal changing facility on the departments publicly accessible website Subsection e. Requires that the department adopt regulations which establish the standards of universal changing facilities Subsection f. Establishes that the violation of these requirements results in an individual right to sue, with court ordered awards that may include prevailing plaintiff injunctive and declaratory relief, actual damages, and attorney fees and costs Subsection g. Definitions -establishes the "department" to be the Department of Transportation and Public facilities - establishes "public building" to be a building that is owned, controlled, and held by the state or political subdivision of the state for public use, or a public transportation facility which is supported by public finds -establishes a "universal changing facility" to be a table or device that is suitable for providing personal care for both a child and an adult 4:41:55 PM REPRESENTATIVE GRAY, referring to page 1, line 15, in Section 1 of HB 141, expressed concern that the "not practicable" language would provide an "easy out" to avoid universal changing facilities. He asked if there is a standard for what would be considered practicable or not. 4:42:21 PM REPRESENTATIVE CARRICK responded that this is one issue with the current language of HB 141, stating that it would be up to the committee to define what would be practicable and not. She added that "practicable" is commonly used in statute. 4:43:17 PM MR. SUKKAEW, in response to questions from Representative Gray, stated that the fourth floor of the Capitol does not have a universal changing facility; it is just a larger youth changing table. He said that the weight limit for a universal changing facility should hold up to 400 pounds and measure 70 inches by 30 inches. 4:44:37 PM REPRESENTATIVE CARRICK, in response to Representative Gray, stated that the cost of installing a universal changing facility can vary, depending on the different styles of the facility. She added that the larger, gender neutral bathroom on the ground floor of the Capitol would be the most effective renovation location. 4:46:13 PM REPRESENTATIVE CARRICK, in response to Representative Prax, stated that universal changing facilities are not required under the Americans with Disabilities Act (ADA), but there are many state facilities that do not currently meet all ADA requirements. 4:46:38 PM CHAIR MINA announced invited testimony on HB 141. 4:46:54 PM CHELSEA BURKE, Health and Social Services Planner, State of Alaska Governor's Council on Disabilities and Special Education, testified in support of HB 141. She said that HB 141 would address the right that all Alaskans have to safe, sanitary, and hygienic restroom facilities. She said that currently, many individuals with complex disabilities are required to change in unsafe, unsanitary, and undignified ways in public buildings, including often on the floors of restrooms. She emphasized that HB 141 would ensure privacy and dignity, and would allow individuals with disabilities, their families, and their caregivers to participate more fully in community life, without constantly worrying if sanitary accommodation would be available. She referred to Judy Edwards, another invited testifier, and her personal story that inspired change in the Anchorage community. She said that HB 141 would send the clear message that all Alaskans are welcome, wanted, and included in public spaces. 4:50:20 PM JUDY EDWARDS, Campaign Advocate, Changing Spaces - Alaska Chapter, testified in support of HB 141. She shared a personal anecdote about a medical trip she took with her son, during which she had to change him on the Ted Stevens Anchorage International Airport bathroom floor in the middle of the night. She described the experience for both herself and her son as risky, difficult, and demeaning. She said that when she knows there might not be a proper changing facility available, she limits her son's intakes to avoid the need for a restroom while traveling, which is unsafe for him. Ms. Edwards added that her other options include leaving her son in spoiled clothing, which is extremely unsanitary, or avoiding social situations in general. She emphasized that even hospitals lack proper changing facilities for people with complex disabilities and emphasized the committee to support HB 141. 4:53:55 PM MS. EDWARDS, in response to a question from Chair Mina, said that she is only aware of a few universal changing facilities in Alaska, including at the Arts Center in Anchorage and the Mat-Su Health Foundation in Wasilla. 4:54:40 PM WENDY CLOYD, Board Member, Key Coalition of Alaska, testified in support of HB 141. She described her professional and personal experience advocating for individuals with intellectual and developmental disabilities. She said that many with intellectual and developmental disabilities experience incontinence and universal changing facilities would ensure equity and inclusion for all individuals in public spaces. She shared a story of changing her son in a public restroom tucked in a tiny stall for privacy and shared that many individuals and caregivers must leave events when they lack sanitary changing facilities. She emphasized that universal changing facilities provide dignity, privacy, and safety for personal care. She said that the Key Coalition of Alaska strongly supports HB 141. 4:57:20 PM REPRESENTATIVE PRAX requested a call to discuss the practical aspects of HB 141. 4:57:59 PM REPRESENTATIVE CARRICK noted that there is a nationwide map online that shows only two universal changing facilities in public facilities in Alaska. 4:58:57 PM REPRESENTATIVE MEARS asked how the renovation limit on cost was decided. REPRESENTATIVE CARRICK responded that that threshold was suggested by the Governor's Council on Disabilities and that she supports the proposed limit. REPRESENTATIVE MEARS asked if there is an international building code or other standard for the construction of universal changing facilities. CHAIR MINA noted that there are individuals online available to answer questions. 5:00:53 PM REPRESENTATIVE CARRICK deferred to someone online to answer Representative Mears' question. 5:01:11 PM CHRISTOPHER HODGIN, Statewide Public Facilities Chief, Division of Facility Services, Department of Transportation and Public Facilities (DOT&PF), responded that he is not aware of a standard for universal changing facilities within the international building codes. 5:02:38 PM MR. SUKKAEW added that there is code regarding universal changing facilities in the 2024 international building code, under Section 1110.4 5:03:29 PM REPRESENTATIVE CARRICK, in response to a question from Representative Prax, said that $30,000 is not a lot for construction or renovation projects, and the intent of HB 141 would indeed be to install as many universal changing facilities as possible. 5:05:10 PM MR. HODGIN said that the majority of DOT&PF's remodels and renovations cost over $30,000. REPRESENTATIVE PRAX asked if there is a threshold when a repair would exceed "normal maintenance" covered under the operating budget. MR. HODGIN responded that he is unaware of a threshold of that kind. 5:06:26 PM REPRESENTATIVE CARRICK, in response to a question from Representative Gray, said that questions regarding the fiscal note could be directed to the department. She agreed that having one free-standing changing table in every public facility in Alaska could be a cost-effective way to mitigate this problem. 5:09:28 PM CHAIR MINA asked about the cost of installing the universal changing facility at Ted Stevens Anchorage International Airport. 5:09:57 PM MR. HODGIN responded that the installation cost $70,000. He said that it included extending the restroom space and electrical system. 5:10:55 PM REPRESENTATIVE SCHWANKE said that the words "public building" are very broad and that many public buildings in the state have no public restrooms. REPRESENTATIVE CARRICK responded that she shares those concerns and she supports the committee working to clarify language in HB 141. CHAIR MINA thanked DOT&PF for its work on the fiscal note. She noted that there are 706 public facilities in Alaska, and she said that she supports narrowing the language of the bill. She asked Mr. Mills to provide clarity on the fiscal note. 5:13:56 PM ANDY MILLS, Legislative Liaison, Office of the Commissioner, Department of Transportation and Public Facilities, responded that the fiscal note illustrates the interagency funding that would be required for the installation of a universal changing facility. He said he appreciates Representative Gray's problem solving. CHAIR MINA asked what the funding mechanism in the budget is that would enable the installation of these facilities. MR. MILLS responded there would be exemptions for the case where the installation of a universal changing facility is not practicable. He said that he would help analyze and define what the threshold for what "practicable" conditions for installation would be. REPRESENTATIVE CARRICK, in response to Representative Gray, said that her intention, as prime sponsor, would be to have at least one universal changing facility in every public-school building, and two to three facilities for each university campus in the state. She reiterated that she is very interested in working with the committee to refine the language of HB 141. She emphasized that if cost were not a barrier, she would like to see a universal changing facility in every single public building. REPRESENTATIVE PRAX commented that he thinks HB 141 is a good idea but is way too broad of an idea. He expressed concern about laws being abused. CHAIR MINA clarified that someone's disability cannot always be identified by their appearance and that not all disabled individuals use a wheelchair. 5:21:00 PM REPRESENTATIVE CARRICK emphasized, "You can't use what is not available for you to use." She said that this is a clear and present need and that the legislature should do what it can to address this need. REPRESENTATIVE PRAX agreed that this is a need and expressed hope to accommodate it. He emphasized that the legislature cannot accommodate all needs. 5:22:37 PM CHAIR MINA announced HB 141 was held over.