Bill Text: NY A00153 | 2025-2026 | General Assembly | Introduced


Bill Title: Requires that all female-designated and gender-neutral bathrooms in the state of New York provide menstrual products at no cost.

Spectrum: Partisan Bill (Democrat 16-0)

Status: (Introduced) 2025-01-08 - referred to governmental operations [A00153 Detail]

Download: New_York-2025-A00153-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                           153

                               2025-2026 Regular Sessions

                   IN ASSEMBLY

                                       (Prefiled)

                                     January 8, 2025
                                       ___________

        Introduced  by  M.  of  A.  ROSENTHAL, CRUZ, ZINERMAN, REYES, GALLAGHER,
          SIMON, SHIMSKY, SEAWRIGHT, TAPIA, RAGA, TAYLOR, WALKER, DE LOS SANTOS,
          EPSTEIN, BURDICK, BORES -- read once and referred to the Committee  on
          Governmental Operations

        AN  ACT  to  amend  the labor law, the general municipal law, the public
          buildings law, the parks, recreation and  historic  preservation  law,
          the  multiple  dwelling  law, the public health law, the railroad law,
          the multiple residence law, the education law, the correction law, the
          public authorities law and the general business law,  in  relation  to
          enacting the "total access to menstrual products (TAMP) act"

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "total access to menstrual products (TAMP) act".
     3    §  2. Section 212-d of the labor law is amended by adding a new subdi-
     4  vision 3-a to read as follows:
     5    3-a. Toilets designated for women and toilets  designated  as  gender-
     6  neutral shall contain menstrual products, including, but not limited to,
     7  sanitary napkins, tampons and panty liners, to be provided at no cost.
     8    §  3. Subdivision 1 of section 293 of the labor law is amended to read
     9  as follows:
    10    1. There shall be provided  and  maintained  for  employees  in  every
    11  factory  suitable  and  convenient  washrooms  separate  for  each  sex,
    12  adequately equipped with washing facilities.  Every  washroom  shall  be
    13  adequately  ventilated  and  heated  and  shall be lighted by artificial
    14  means where necessary.  All female-designated and  gender-neutral  wash-
    15  rooms  shall  provide  menstrual products at no cost, including, but not
    16  limited to, sanitary napkins, tampons and panty liners.
    17    § 4. Section 295 of the labor law is amended by adding a new  subdivi-
    18  sion 2-a to read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00969-01-5

        A. 153                              2

     1    2-a.  All watercloset compartments or toilet rooms that are female-de-
     2  signated or gender-neutral shall contain menstrual products,  including,
     3  but  not  limited  to, sanitary napkins, tampons and panty liners, which
     4  shall be provided at no cost to employees using  such  waterclosets  and
     5  toilet rooms.
     6    §  5. Section 381 of the labor law is amended by adding a new subdivi-
     7  sion 2-a to read as follows:
     8    2-a. All watercloset compartments or toilet rooms that are  female-de-
     9  signated  or gender-neutral shall contain menstrual products, including,
    10  but not limited to, sanitary napkins, tampons and  panty  liners,  which
    11  shall  be  provided  at no cost to employees using such waterclosets and
    12  toilet rooms.
    13    § 6. Section 404 of the labor law is amended to read as follows:
    14    § 404. Washrooms. Every mine, tunnel or quarry with more than  twenty-
    15  five  employees  shall  maintain a washroom properly heated and equipped
    16  and accessible to its employees. All female-designated  and  gender-neu-
    17  tral  washrooms  shall provide menstrual products at no cost, including,
    18  but not limited to, sanitary napkins, tampons and panty liners.
    19    § 7. The general municipal law is amended by adding a new section 77-k
    20  to read as follows:
    21    § 77-k. Menstrual products. Each county, city, town or  village  shall
    22  provide  menstrual  products  at no cost, including, but not limited to,
    23  sanitary napkins, tampons and panty liners, in all female-designated and
    24  gender-neutral washrooms and toilet facilities located on property owned
    25  or leased by such county, city, town or village.
    26    § 8. The public buildings law is amended by adding a new  section  148
    27  to read as follows:
    28    §  148.  Menstrual  products  in public buildings. The commissioner of
    29  general services shall require that all  female-designated  and  gender-
    30  neutral  washrooms  and  toilet facilities located in all state owned or
    31  leased buildings, including academic buildings,  dormitories  and  other
    32  facilities of the state university system, provide menstrual products at
    33  no  cost,  including,  but not limited to, sanitary napkins, tampons and
    34  panty liners.
    35    § 9. The parks, recreation and historic preservation law is amended by
    36  adding a new section 13.32 to read as follows:
    37    § 13.32 Menstrual products. The commissioner shall  require  that  all
    38  female-designated  and  gender-neutral  washrooms  and toilet facilities
    39  under custody and control of  the  office,  or  other  state  agency  as
    40  defined  in  subdivision  two  of section 13.03 of this article, provide
    41  menstrual products at no cost, including, but not limited  to,  sanitary
    42  napkins, tampons and panty liners.
    43    §  10.  Subdivision  1  of  section 76 of the multiple dwelling law is
    44  amended by adding a new paragraph o to read as follows:
    45    o. Every general or public female-designated or gender-neutral  water-
    46  closet  compartment,  bathroom,  or toilet room, shall contain menstrual
    47  products, including, but not limited to, sanitary napkins,  tampons  and
    48  panty  liners,  which  shall be provided at no cost to individuals using
    49  such general or public facilities.
    50    § 11. Section 225 of the public health law is amended by adding a  new
    51  subdivision 13 to read as follows:
    52    13.  The  sanitary code shall require that menstrual products, includ-
    53  ing, but not limited to, sanitary napkins,  tampons  and  panty  liners,
    54  shall  be  provided  at  no  cost to persons using female-designated and
    55  gender-neutral toilet and lavatory facilities located within all  hospi-

        A. 153                              3

     1  tals,  nursing  homes, and residential health care facilities as defined
     2  in section twenty-eight hundred one of this chapter.
     3    §  12.  Subdivision  1  of  section  1347  of the public health law is
     4  amended to read as follows:
     5    1. All departments and  boards  of  health  and  the  commissioner  or
     6  commissioners  thereof shall have the power to enforce the provisions of
     7  sections thirteen hundred forty-five to thirteen  hundred  [forty-seven]
     8  forty-eight, inclusive, of this [chapter] title.
     9    § 13. Section 1348 of the public health law is renumbered section 1349
    10  and a new section 1348 is added to read as follows:
    11    §  1348.  Hotel  sanitation;  menstrual  products. Menstrual products,
    12  including, but not limited  to,  sanitary  napkins,  tampons  and  panty
    13  liners,  shall  be  provided  at  no cost to guests or employees of such
    14  hotel or motel upon request, and shall also be furnished in  the  public
    15  lavatories and washrooms of such hotel or motel.
    16    §  14. The public health law is amended by adding a new section 1352-f
    17  to read as follows:
    18    § 1352-f. Menstrual products. Menstrual products, including,  but  not
    19  limited  to,  sanitary  napkins,  tampons  and  panty  liners,  shall be
    20  provided at no cost to patrons in all female-designated and  gender-neu-
    21  tral public toilet facilities.
    22    §  15.  Section  77-c  of  the railroad law is amended by adding a new
    23  subdivision 1-a to read as follows:
    24    1-a. Toilet facilities located on all locomotives required pursuant to
    25  subdivision one  of  this  section  shall  contain  menstrual  products,
    26  including,  but  not  limited  to,  sanitary  napkins, tampons and panty
    27  liners, which shall be provided at no cost to persons using such facili-
    28  ty.
    29    § 16. The second undesignated paragraph of section 78 of the  railroad
    30  law,  as  amended by chapter 484 of the laws of 1963, is amended to read
    31  as follows:
    32    From and after the first day of July, nineteen hundred and twenty-four
    33  it shall be unlawful for any corporation or individual to man, equip, or
    34  to use within the state on any railroad a caboose car, or car  to  serve
    35  the  purpose of a caboose car, which shall be less than twenty-four feet
    36  in length exclusive of the  platform,  or  which  shall  have  a  center
    37  constructive strength less than that of the fifty-ton freight cars built
    38  according  to  master  car  builders'  standards.  Such caboose or other
    39  equivalent car shall be constructed with steel  center  sills  with  two
    40  four-wheeled trucks; with each platform not less than twenty-four inches
    41  wide,  with  proper  guard  rails,  grab irons and steps, which shall be
    42  equipped with a suitable rod, board or other guard designed  to  prevent
    43  slipping  from the car step. Each such car shall have a door at each end
    44  and shall be equipped with four separate sleeping berths not  less  than
    45  six feet and two inches in length. Each such car shall contain a proper-
    46  ly  furnished toilet room, sink, icebox, water cooler, clothing lockers,
    47  fire extinguishers, and with either  a  cupola  of  sufficient  size  to
    48  accommodate  at  least  two [men] individuals or bay windows.  Each such
    49  toilet room shall contain menstrual products, including, but not limited
    50  to, sanitary napkins, tampons and panty liners, which shall be  provided
    51  at  no  cost  to  persons using such toilet room. Each such car on every
    52  freight train shall be equipped  with  electric  markers  of  sufficient
    53  candle  power  to be visible for a distance of three thousand feet under
    54  normal weather conditions. Flashing type  or  constant  burning  markers
    55  shall  be deemed a sufficient compliance with the foregoing requirement.
    56  The glass in all windows and doors of each such car  shall  be  shatter-

        A. 153                              4

     1  proof.  Whenever  any  caboose or other car used for like purpose now in
     2  use by any such railroad company shall, after this act goes into effect,
     3  be brought into any shop for general repairs it  shall  be  unlawful  to
     4  again put the same into use within this state, as a caboose or other car
     5  used for like purpose unless it be equipped as provided in this act. All
     6  cabooses  built after January first, nineteen hundred sixty-five must be
     7  of steel construction and equipped with electric lights.
     8    § 17. Section 171 of the multiple residence law is amended by adding a
     9  new subdivision 3-a to read as follows:
    10    3-a. Every water-closet that  is  supplementary  to  the  water-closet
    11  accommodations  required  for the exclusive use of tenants of the dwell-
    12  ing, shall contain menstrual products, including, but  not  limited  to,
    13  sanitary  napkins,  tampons and panty liners, which shall be provided at
    14  no cost to persons using such water-closets.
    15    § 18. The education law is amended by adding a new  section  213-a  to
    16  read as follows:
    17    §  213-a.  Menstrual products. The commissioner shall require that all
    18  female-designated and gender-neutral toilet rooms  located  on  property
    19  owned or leased by the university provide menstrual products at no cost,
    20  including,  but  not  limited  to,  sanitary  napkins, tampons and panty
    21  liners.
    22    § 19. The education law is amended by adding a new  section  409-o  to
    23  read as follows:
    24    §  409-o.  Menstrual  products.  The board of education or trustees of
    25  every school district, and the principal or other person  in  charge  of
    26  every  nonpublic  elementary  or secondary school within the state shall
    27  require that  all  female-designated  and  gender-neutral  toilet  rooms
    28  provide  menstrual  products  at no cost, including, but not limited to,
    29  sanitary napkins, tampons and panty liners.
    30    § 20. The education law is amended by adding a  new  section  6235  to
    31  read as follows:
    32    §  6235.  Menstrual products. The board of trustees shall require that
    33  all female-designated and gender-neutral toilet rooms located on proper-
    34  ty owned or leased by the city university provide menstrual products  at
    35  no  cost,  including,  but not limited to, sanitary napkins, tampons and
    36  panty liners.
    37    § 21. The correction law is amended by adding a  new  section  628  to
    38  read as follows:
    39    §  628.  Menstrual  products.  Menstrual  products, including, but not
    40  limited to,  sanitary  napkins,  tampons  and  panty  liners,  shall  be
    41  provided at no cost to individuals housed in state and local correction-
    42  al  facilities  used  for the general confinement of female incarcerated
    43  individuals and in any other state or local  facility  where  women  are
    44  detained or confined by law enforcement agencies.
    45    §  22.  Article 9 of the public authorities law is amended by adding a
    46  new title 13 to read as follows:

    47                                  TITLE 13
    48                             MENSTRUAL PRODUCTS
    49  Section 2988. Menstrual products in toilet facilities.
    50    § 2988. Menstrual products in toilet facilities.  All public  authori-
    51  ties  as designated by this chapter shall require that all female-desig-
    52  nated and gender-neutral toilet facilities located on property owned  or
    53  leased  by  such public authority provide menstrual products at no cost,
    54  including, but not limited  to,  sanitary  napkins,  tampons  and  panty
    55  liners.

        A. 153                              5

     1    §  23.  The  general  business  law is amended by adding a new section
     2  399-aaaaaaa to read as follows:
     3    §  399-aaaaaaa.  Menstrual  products in toilet facilities. All owners,
     4  lessees or other occupants of any real property or  any  other  persons,
     5  copartnerships, corporations, or entities engaged in business activities
     6  in the state shall require that all female-designated and gender-neutral
     7  toilet  facilities  located  on  such  real  property  provide menstrual
     8  products at no cost, including, but not limited  to,  sanitary  napkins,
     9  tampons and panty liners.
    10    §  24.    This  act shall take effect on the one hundred eightieth day
    11  after it shall have become a law. Effective immediately,  the  addition,
    12  amendment  and/or  repeal  of  any  rule or regulation necessary for the
    13  implementation of this act on its effective date are  authorized  to  be
    14  made and completed on or before such effective date.
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