Public Restroom Baby Diaper Changing Station

Second Regular Session Seventy-fifth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction HOUSE BILL 26-1130 LLS NO. 26-0072.01 Jed Franklin x5484 HOUSE SPONSORSHIP Story and Jackson, Garcia, Joseph, Lieder, Lindsay, Mabrey, Nguyen, Willford, Zokaie SENATE SPONSORSHIP Cutter and Jodeh, House Committees Senate Committees Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.) Beginning on July 1, 2027, the bill requires a building with an indoor restroom that is open to the public, including to customers or public visitors, and that does not include private offices or workspaces that are generally not open to customers or public visitors (restroom accessible to the public) to have safe, sanitary, and convenient baby diaper changing tables (baby diaper changing station) as follows: Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.

Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law.

April 24, 2026 ACCESSIBLE TO THE PUBLIC.

HOUSE Amended 2nd Reading April 22, 2026 CONCERNING BABY DIAPER CHANGING STATIONS IN RESTROOMS HOUSE Amended 2nd Reading March 9, 2026 HOUSE A BILL FOR AN ACT 3rd Reading Unamended State, Civic, Military, & Veterans Affairs At least one baby diaper changing station in each gender-specific restroom on each floor; ! At least one baby diaper changing station in a non-gendered single-stall restroom on each floor; or ! At least one baby diaper changing station in a non-gendered multi-stall restroom on each floor. The owner or manager of a building with a restroom accessible to the public is required to ensure that each baby diaper changing station is cleaned with the same frequency as the restroom in which it is located and maintained, repaired, and replaced as necessary to ensure safety and ease of use. Beginning on July 1, 2027, for each restroom accessible to the public with a baby diaper changing station, the owner or manager of a building is required to display: ! A pictogram, void of gender, at or near the restroom accessible to the public that indicates the presence of a baby diaper changing station; and ! Signage, at or near the entrance to the building, indicating the location of each restroom accessible to the public and each baby diaper changing station in the building. Providing a baby diaper changing station in a restroom accessible to the public and providing the corresponding signage is not required if a local building permitting entity or building inspector determines that the installation of a baby diaper changing station in a restroom accessible to the public would result in a failure to comply with applicable building standards governing the right of access for individuals with disabilities or if the building is a certified historic structure. !

Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, add article 5.9 to title 9 as follows:

ARTICLE 5.9 Baby Diaper Changing Stations in Restrooms Accessible to the Public 9-5.9-101. Definitions.

AS USED IN THIS ARTICLE 5.9, UNLESS THE CONTEXT OTHERWISE REQUIRES:

(1) "BABY DIAPER CHANGING STATION" MEANS A SAFE, SANITARY, AND CONVENIENT BABY DIAPER CHANGING TABLE.

(2) "CERTIFIED HISTORIC STRUCTURE" HAS THE SAME MEANING AS IN SECTION 9-5.7-102 (2).

(3) "GENDER-SPECIFIC RESTROOM" HAS THE SAME MEANING AS IN SECTION 9-5.7-102 (3).

(4) "NON-GENDERED MULTI-STALL RESTROOM" HAS THE SAME MEANING AS IN SECTION 9-5.7-102 (5).

(5) "NON-GENDERED SINGLE-STALL RESTROOM" HAS THE SAME MEANING AS IN SECTION 9-5.7-102 (6).

(6) "PUBLIC ENTITY" MEANS A STATE DEPARTMENT OR STATE AGENCY, STATE INSTITUTION OF HIGHER EDUCATION, AS DEFINED IN

SECTION 23-18-102 (10), A COUNTY, A CITY AND COUNTY, OR A MUNICIPALITY. FOR PURPOSES OF THIS ARTICLE 5.9, A STATE AGENCY DOES NOT INCLUDE A BUILDING OWNED AND OPERATED AS AN EDUCATION FACILITY MANAGED BY THE DEPARTMENT OF EDUCATION OR A SCHOOL DISTRICT, CHARTER SCHOOL, OR INSTITUTE CHARTER SCHOOL.

"RESTROOM" MEANS A GENDER-SPECIFIC RESTROOM, A NON-GENDERED SINGLE-STALL RESTROOM.

MULTI-STALL RESTROOM, OR A NON-GENDERED

(8) "RESTROOM ACCESSIBLE TO THE PUBLIC" MEANS ANY INDOOR RESTROOM THAT IS OPEN TO THE PUBLIC, INCLUDING TO CUSTOMERS OR PUBLIC VISITORS, BUT DOES NOT INCLUDE RESTROOMS PRIMARILY SERVING PRIVATE OFFICES OR WORKSPACES OR THAT ARE GENERALLY NOT OPEN TO CUSTOMERS OR PUBLIC VISITORS.

(9) "SMALL BUSINESS" MEANS AN EMPLOYER WITH TWENTY-FIVE OR FEWER EMPLOYEES THAT GENERATES NO MORE THAN THREE MILLION FIVE HUNDRED THOUSAND DOLLARS IN ANNUAL GROSS INCOME.

9-5.9-102. applicability - Restrooms - baby diaper changing stations enforcement.

(1) BEGINNING JANUARY 1, 2028, THE OWNER OR MANAGER OF A BUILDING WITH A RESTROOM ACCESSIBLE TO THE PUBLIC SHALL:

(a) PROVIDE BABY DIAPER CHANGING STATIONS IN RESTROOMS ACCESSIBLE TO THE PUBLIC AS FOLLOWS:

(I) AT LEAST ONE BABY DIAPER CHANGING STATION IN ONE RESTROOM DESIGNATED FOR EACH GENDER ON EACH FLOOR;

(II) AT LEAST ONE BABY DIAPER CHANGING STATION IN A NON-GENDERED SINGLE-STALL RESTROOM ON EACH FLOOR; OR (III) AT LEAST ONE BABY DIAPER CHANGING STATION IN A NON-GENDERED MULTI-STALL RESTROOM ON EACH FLOOR; AND

(b) ENSURE THAT EACH BABY DIAPER CHANGING STATION IS CLEANED WITH THE SAME FREQUENCY AS THE RESTROOM IN WHICH IT IS LOCATED AND MAINTAINED, REPAIRED, AND REPLACED AS NECESSARY TO ENSURE SAFETY AND EASE OF USE.

(2) SUBSECTION (1) OF THIS SECTION DOES NOT APPLY TO A BUILDING WITH A RESTROOM ACCESSIBLE TO THE PUBLIC IF:

(a) THE INSTALLATION OF A BABY DIAPER CHANGING STATION IN A RESTROOM ACCESSIBLE TO THE PUBLIC WOULD RESULT IN A FAILURE TO COMPLY WITH THE "AMERICANS WITH DISABILITIES ACT OF 1990", 42 U.S.C. SEC. 12101 ET SEQ., OR OTHER APPLICABLE BUILDING STANDARDS GOVERNING THE RIGHT OF ACCESS FOR INDIVIDUALS WITH DISABILITIES;

(b) THE BUILDING IS DESIGNATED AS A CERTIFIED HISTORIC STRUCTURE;

(c) THE BUILDING IS OWNED OR MANAGED BY A PUBLIC ENTITY;

(d) THE BUILDING IS OWNED OR MANAGED BY A SMALL BUSINESS AND HAS AN OCCUPANCY OF LESS THAN TWENTY-FIVE PEOPLE; OR

(e) A PORTION OF THE BUILDING IS OCCUPIED BY A BUSINESS THAT DOES NOT ADMIT INDIVIDUALS WHO ARE UNDER TWENTY-ONE YEARS OLD, BUT ONLY WITH RESPECT TO THAT PORTION OF THE BUILDING.

SECTION 2. Act subject to petition - effective date. This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 12, 2026, if adjournment sine die is on May 13, 2026); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.