THE SENATE

S.B. NO.

137

THIRTY-SECOND LEGISLATURE, 2023

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to gender equity.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  Chapter 489, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

     "§489-    Equal speed of access to toilets.  (a)  Any pair of separate-gender public restrooms or separate-gender toilet facilities of any public amusement facility constructed, renovated, retrofitted, or installed after January 1, 2024, shall have:

     (1)  Two exclusively female-use toilets for each exclusively male-use toilet; and

     (2)  Two exclusively female-use toilets for each exclusively male-use urinal;

provided that this section shall not apply to any restroom, groups of toilets, or portable toilet facilities intended to be used by more than one gender.

     (b)  For purposes of this section:

     "Public amusement facility" means any zoo, theater, convention center, lecture hall, concert hall, sports arena, stadium, state park, county park, amusement or theme park, fairground, or carnival.

     "Renovated" means any structural remodeling, improvement, or alteration of an existing restroom involving fifty per cent or more of the square footage of the restroom.  "Renovated" does not include:

     (1)  Reroofing;

     (2)  Cosmetic remodeling, including painting or the installation of wall covering, paneling, floor covering, or suspended ceilings; or

     (3)  Alteration to an electrical or mechanical system.

     "Retrofitted" means any project that:

     (1)  Includes the modification or replacement of any existing toilet, faucet, sink, urinal, or light with technology that was not readily or economically available at the time of installation of the existing toilet, faucet, sink, urinal, or light; and

     (2)  Has a total cost in excess of $          .

     "Separate-gender toilet facilities" includes groups of portable toilets and other temporary toilet facilities intended to be used by a single gender and installed for an event and intended to be removed after the event."

     SECTION 2.  Section 107-27, Hawaii Revised Statutes, is amended to read as follows:

     "§107-27  Design of state buildings.  (a)  No later than one year after the adoption of codes or standards pursuant to section 107-24(c), the design of all state building construction shall be in compliance with the Hawaii state building codes, except state building construction shall be allowed to be exempted from:

     (1)  County codes that have not adopted the Hawaii state building codes;

     (2)  Any county code amendments that are inconsistent with the minimum performance objectives of the Hawaii state building codes or the objectives enumerated in this part; or

     (3)  Any county code amendments that are contrary to code amendments adopted by another county.

     (b)  Exemptions shall include county ordinances allowing the exercise of indigenous Hawaiian architecture adopted in accordance with section 46-1.55.

     (c)  The State shall consider hurricane resistant criteria when designing and constructing new public schools for the capability of providing shelter refuge.

     (d)  Beginning July 1, 2023, where feasible and cost-effective, the design of all new state building construction shall:

     (1)  Maximize energy and water efficiency measures;

     (2)  Maximize energy generation potential; and

     (3)  Use building materials that reduce the carbon footprint of the project.

     (e)  State building construction that is constructed or substantially modified after January 1, 2024, shall include the installation of a gender-neutral bathroom with at least three stalls; provided that the state building construction is not more than five thousand square feet in floor area."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Gender Equity; Public Restrooms

 

Description:

Requires that restrooms and toilet facilities of public amusement facilities constructed, renovated, retrofitted, or installed after 1/1/2024 have two female-use toilets for each male-use toilet or urinal.  Requires certain state building construction that is constructed or substantially modified after 1/1/2024 to provide for the installation of a gender-neutral bathroom with at least three stalls.

 

 

 

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