AB 2550 California Assembly · 2023-2024 Regular Session

Business establishments: building standards: retail food safety.

Summary
(1) Existing law, the California Building Standards Law, establishes the California Building Standards Commission within the Department of General Services. Existing law requires the commission to approve and adopt building standards and to codify those standards in the California Building Standards Code. Existing law requires the commission to publish the code every 3 years, and, in intervening periods, supplements, as necessary. This bill, to be known as the Neighborhood Restaurant Relief Act, would require the commission, as part of the next triennial update of the California Building Standards Code that occurs on or after January 1, 2025, to adopt specified building standards for business establishments, including, among other things, standards authorizing (A) a business establishment that is takeout only to operate without providing customer restrooms; (B) a business establishment with a maximum occupancy of 100 occupants to operate without drinking fountains; and (C) a business establishment to operate cooking equipment, for the purpose of baking, that does not produce cooking odors, smoke, grease, or vapor without installing a Type 1 hood, as described in specified regulations, over the cooking equipment. (2) Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for retail food facilities. Under existing law, local health agencies are primarily responsible for enforcing these standards. Under existing law, a person who violates any provision of the California Retail Food Code is guilty of a misdemeanor, except as otherwise provided. Existing law prohibits a food facility from locating a grease trap or grease interceptor in a food handling area, unless approved by an enforcement agency. Existing law exempts from the prohibition a food facility with an approved grease trap or grease interceptor that was in operation before the effective date of the code. This bill would instead prohibit a food facility from locating a grease trap or grease interceptor in a food preparation area. The bill would additionally exempt an aboveground grease trap installed under a 3-compartment sink, as specified, from this prohibition. Existing law limits the size of a passthrough window service opening to 216 square inches. Existing law authorizes a passthrough window of up to 432 square inches if equipped with an air curtain device. This bill would authorize a passthrough window service opening that is larger than 432 square inches if equipped with both a self-closing device and an air curtain device. Existing law requires a food facility's walls and ceilings to be durable, smooth, nonabsorbent, and easily cleanable. Existing law exempts from this requirement walls and ceilings of bar areas in which alcoholic beverages are sold or served directly to the consumers, except wall areas adjacent to bar sinks and areas where food is prepared, among other things. Existing law also exempts from this requirement restrooms that are used exclusively by the consumers, except that the walls and ceilings in the restrooms shall be of a nonabsorbent and washable surface. This bill would instead exempt walls and ceilings of bar areas in which beverages are sold, served, or dispensed directly to the consumers. The bill would also instead exempt restrooms that are used exclusively by employees or consumers. Existing law requires temporary food facilities to be equipped with overhead protection for all food preparation, food storage, and warewashing areas. Existing law requires overhead protection to be made of wood, canvas, or other materials that protect the facility from precipitation, dust, bird and insect droppings, and other contaminants. Existing law exempts from these requirements a temporary food facility that is approved for limited food preparation if flying insects, vermin, birds, and other pests are absent due to the location of the facility or other limiting conditions. This bill would additionally exempt a temporary food facility that is approved for limited food preparation from these requirements if environmental factors that could contaminate the food are absent due to the location of the facility or other limiting conditions. By revising the standards that must be enforced by local health agencies and by expanding the scope of existing crimes, the bill would impose a state-mandated local program. (3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Bill status passed 3 of 5 stages cleared
Introduction
Feb 2024
Committee Review
Aug 2024
Assembly Passage
May 2024
Senate Passage
Governor
Introduced Feb 14, 2024 Last action Aug 15, 2024
Floor votes · Assembly May 23, 2024

How they voted

70–0
Passed · 10 other
Total votes 80
May 23, 2024
D Democratic62
57 Yea 5
91% Yea
R Republican18
13 Yea 5
72% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
21
Key actions
9
Committee
12
Amendments
4
Aug 15, 2024
Upper · Passed
In committee: Held under submission.
upper
Aug 5, 2024
Committee
In committee: Referred to APPR suspense file.
upper
Jul 3, 2024
Upper · Passed
From committee: Do pass and re-refer to Com. on APPR with recommendation: To Consent Calendar. (Ayes 10. Noes 0.) (July 2). Re-referred to Com. on APPR.
upper
Jun 20, 2024
Upper · Passed
From committee: Do pass and re-refer to Com. on HOUSING with recommendation: To Consent Calendar. (Ayes 11. Noes 0.) (June 19). Re-referred to Com. on HOUSING.
upper
Jun 12, 2024
Introduced
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HEALTH.
upper
Jun 5, 2024
Committee
Referred to Coms. on HEALTH and HOUSING.
upper
May 23, 2024
Assembly · Passed
Assembly Vote: pass (70-0-10)
assembly
May 22, 2024
Lower · Passed
Read third time. Passed. Ordered to the Senate. (Ayes 70. Noes 0. Page 5548.)
lower
May 16, 2024
Lower · Passed
From committee: Do pass. (Ayes 15. Noes 0.) (May 16).
lower
May 8, 2024
Committee
In committee: Set, first hearing. Referred to APPR. suspense file.
lower
Apr 25, 2024
Committee
Re-referred to Com. on APPR.
lower
Apr 24, 2024
Lower · Passed
Read second time and amended.
lower
Apr 23, 2024
Introduced
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 17. Noes 0.) (April 23).
lower
Apr 10, 2024
Lower · Passed
From committee: Do pass and re-refer to Com. on B. & P. (Ayes 16. Noes 0.) (April 9). Re-referred to Com. on B. & P.
lower
Mar 12, 2024
Committee
Re-referred to Com. on HEALTH.
lower
Mar 11, 2024
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on HEALTH. Read second time and amended.
lower
Mar 11, 2024
Committee
Referred to Coms. on HEALTH and B. & P.
lower
Feb 15, 2024
Lower · Passed
From printer. May be heard in committee March 16.
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Jesse Gabriel
Jesse Gabriel
DDemocratic
CA
46