S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   63--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced by M. of A. L. ROSENTHAL, CRUZ, ZINERMAN, REYES, RAGA, SIMON,
   GALLAGHER,  SHIMSKY,  TAYLOR,  DE LOS SANTOS,  WALKER, BURDICK -- read
   once and referred to  the  Committee  on  Governmental  Operations  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 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:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "total access to menstrual products (TAMP) act".
   § 2. Section 212-d of the labor law is amended by adding a new  subdi-
 vision 3-a to read as follows:
   3-A.  TOILETS  DESIGNATED  FOR WOMEN AND TOILETS DESIGNATED AS GENDER-
 NEUTRAL SHALL CONTAIN MENSTRUAL PRODUCTS, INCLUDING, BUT NOT LIMITED TO,
 SANITARY NAPKINS, TAMPONS AND PANTY LINERS, TO BE PROVIDED AT NO COST.
   § 3. Subdivision 1 of section 293 of the labor law is amended to  read
 as follows:
   1.  There  shall  be  provided  and  maintained for employees in every
 factory  suitable  and  convenient  washrooms  separate  for  each  sex,
 adequately  equipped  with  washing  facilities. Every washroom shall be
 adequately ventilated and heated and  shall  be  lighted  by  artificial
 means  where necessary.   ALL FEMALE-DESIGNATED AND GENDER-NEUTRAL WASH-
 ROOMS SHALL PROVIDE MENSTRUAL PRODUCTS AT NO COST,  INCLUDING,  BUT  NOT
 LIMITED TO, SANITARY NAPKINS, TAMPONS AND PANTY LINERS.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00027-02-3
              

 A. 63--A                            2
 
   §  4. Section 295 of the labor law is amended by adding a new subdivi-
 sion 2-a to read as follows:
   2-A.  ALL WATERCLOSET COMPARTMENTS OR TOILET ROOMS THAT ARE FEMALE-DE-
 SIGNATED OR GENDER-NEUTRAL SHALL CONTAIN MENSTRUAL PRODUCTS,  INCLUDING,
 BUT  NOT  LIMITED  TO, SANITARY NAPKINS, TAMPONS AND PANTY LINERS, WHICH
 SHALL BE PROVIDED AT NO COST TO EMPLOYEES USING  SUCH  WATERCLOSETS  AND
 TOILET ROOMS.
   §  5. Section 381 of the labor law is amended by adding a new subdivi-
 sion 2-a to read as follows:
   2-A. ALL WATERCLOSET COMPARTMENTS OR TOILET ROOMS THAT ARE  FEMALE-DE-
 SIGNATED  OR GENDER-NEUTRAL SHALL CONTAIN MENSTRUAL PRODUCTS, INCLUDING,
 BUT NOT LIMITED TO, SANITARY NAPKINS, TAMPONS AND  PANTY  LINERS,  WHICH
 SHALL  BE  PROVIDED  AT NO COST TO EMPLOYEES USING SUCH WATERCLOSETS AND
 TOILET ROOMS.
   § 6. Section 404 of the labor law is amended to read as follows:
   § 404. Washrooms. Every mine, tunnel or quarry with more than  twenty-
 five  employees  shall  maintain a washroom properly heated and equipped
 and accessible to its employees. ALL FEMALE-DESIGNATED  AND  GENDER-NEU-
 TRAL  WASHROOMS  SHALL PROVIDE MENSTRUAL PRODUCTS AT NO COST, INCLUDING,
 BUT NOT LIMITED TO, SANITARY NAPKINS, TAMPONS AND PANTY LINERS.
   § 7. The general municipal law is amended by adding a new section 77-j
 to read as follows:
   § 77-J. MENSTRUAL PRODUCTS. EACH COUNTY, CITY, TOWN OR  VILLAGE  SHALL
 PROVIDE  MENSTRUAL  PRODUCTS  AT NO COST, INCLUDING, BUT NOT LIMITED TO,
 SANITARY NAPKINS, TAMPONS AND PANTY LINERS, IN ALL FEMALE-DESIGNATED AND
 GENDER-NEUTRAL WASHROOMS AND TOILET FACILITIES LOCATED ON PROPERTY OWNED
 OR LEASED BY SUCH COUNTY, CITY, TOWN OR VILLAGE.
   § 8. The public buildings law is amended by adding a new  section  147
 to read as follows:
   §  147.  MENSTRUAL  PRODUCTS  IN PUBLIC BUILDINGS. THE COMMISSIONER OF
 GENERAL SERVICES SHALL REQUIRE THAT ALL  FEMALE-DESIGNATED  AND  GENDER-
 NEUTRAL  WASHROOMS  AND  TOILET FACILITIES LOCATED IN ALL STATE OWNED OR
 LEASED BUILDINGS, INCLUDING ACADEMIC BUILDINGS,  DORMITORIES  AND  OTHER
 FACILITIES OF THE STATE UNIVERSITY SYSTEM, PROVIDE MENSTRUAL PRODUCTS AT
 NO  COST,  INCLUDING,  BUT NOT LIMITED TO, SANITARY NAPKINS, TAMPONS AND
 PANTY LINERS.
   § 9. The parks, recreation and historic preservation law is amended by
 adding a new section 13.32 to read as follows:
   § 13.32 MENSTRUAL PRODUCTS. THE COMMISSIONER SHALL  REQUIRE  THAT  ALL
 FEMALE-DESIGNATED  AND  GENDER-NEUTRAL  WASHROOMS  AND TOILET FACILITIES
 UNDER CUSTODY AND CONTROL OF  THE  OFFICE,  OR  OTHER  STATE  AGENCY  AS
 DEFINED  IN  SUBDIVISION  TWO  OF SECTION 13.03 OF THIS ARTICLE, PROVIDE
 MENSTRUAL PRODUCTS AT NO COST, INCLUDING, BUT NOT LIMITED  TO,  SANITARY
 NAPKINS, TAMPONS AND PANTY LINERS.
   §  10.  Subdivision  1  of  section 76 of the multiple dwelling law is
 amended by adding a new paragraph o to read as follows:
   O. EVERY GENERAL OR PUBLIC FEMALE-DESIGNATED OR GENDER-NEUTRAL  WATER-
 CLOSET  COMPARTMENT,  BATHROOM,  OR TOILET ROOM, SHALL CONTAIN MENSTRUAL
 PRODUCTS, INCLUDING, BUT NOT LIMITED TO, SANITARY NAPKINS,  TAMPONS  AND
 PANTY  LINERS,  WHICH  SHALL BE PROVIDED AT NO COST TO INDIVIDUALS USING
 SUCH GENERAL OR PUBLIC FACILITIES.
   § 11. Section 225 of the public health law is amended by adding a  new
 subdivision 13 to read as follows:
   13.  THE  SANITARY CODE SHALL REQUIRE THAT MENSTRUAL PRODUCTS, INCLUD-
 ING, BUT NOT LIMITED TO, SANITARY NAPKINS,  TAMPONS  AND  PANTY  LINERS,
 SHALL  BE  PROVIDED  AT  NO  COST TO PERSONS USING FEMALE-DESIGNATED AND
 A. 63--A                            3
 
 GENDER-NEUTRAL TOILET AND LAVATORY FACILITIES LOCATED WITHIN ALL  HOSPI-
 TALS,  NURSING  HOMES, AND RESIDENTIAL HEALTH CARE FACILITIES AS DEFINED
 IN SECTION TWENTY-EIGHT HUNDRED ONE OF THIS CHAPTER.
   §  12.  Subdivision  1  of  section  1347  of the public health law is
 amended to read as follows:
   1. All departments and  boards  of  health  and  the  commissioner  or
 commissioners  thereof shall have the power to enforce the provisions of
 sections thirteen hundred forty-five to thirteen  hundred  [forty-seven]
 FORTY-EIGHT, inclusive, of this [chapter] TITLE.
   § 13. Section 1348 of the public health law is renumbered section 1349
 and a new section 1348 is added to read as follows:
   §  1348.  HOTEL  SANITATION;  MENSTRUAL  PRODUCTS. MENSTRUAL PRODUCTS,
 INCLUDING, BUT NOT LIMITED  TO,  SANITARY  NAPKINS,  TAMPONS  AND  PANTY
 LINERS,  SHALL  BE  PROVIDED  AT  NO COST TO GUESTS OR EMPLOYEES OF SUCH
 HOTEL OR MOTEL UPON REQUEST, AND SHALL ALSO BE FURNISHED IN  THE  PUBLIC
 LAVATORIES AND WASHROOMS OF SUCH HOTEL OR MOTEL.
   §  14. The public health law is amended by adding a new section 1352-f
 to read as follows:
   § 1352-F. MENSTRUAL PRODUCTS. MENSTRUAL PRODUCTS, INCLUDING,  BUT  NOT
 LIMITED  TO,  SANITARY  NAPKINS,  TAMPONS  AND  PANTY  LINERS,  SHALL BE
 PROVIDED AT NO COST TO PATRONS IN ALL FEMALE-DESIGNATED AND  GENDER-NEU-
 TRAL PUBLIC TOILET FACILITIES.
   §  15.  Section  77-c  of  the railroad law is amended by adding a new
 subdivision 1-a to read as follows:
   1-A. TOILET FACILITIES LOCATED ON ALL LOCOMOTIVES REQUIRED PURSUANT TO
 SUBDIVISION ONE  OF  THIS  SECTION  SHALL  CONTAIN  MENSTRUAL  PRODUCTS,
 INCLUDING,  BUT  NOT  LIMITED  TO,  SANITARY  NAPKINS, TAMPONS AND PANTY
 LINERS, WHICH SHALL BE PROVIDED AT NO COST TO PERSONS USING SUCH FACILI-
 TY.
   § 16. The second undesignated paragraph of section 78 of the  railroad
 law,  as  amended by chapter 484 of the laws of 1963, is amended to read
 as follows:
   From and after the first day of July, nineteen hundred and twenty-four
 it shall be unlawful for any corporation or individual to man, equip, or
 to use within the state on any railroad a caboose car, or car  to  serve
 the  purpose of a caboose car, which shall be less than twenty-four feet
 in length exclusive of the  platform,  or  which  shall  have  a  center
 constructive strength less than that of the fifty-ton freight cars built
 according  to  master  car  builders'  standards.  Such caboose or other
 equivalent car shall be constructed with steel  center  sills  with  two
 four-wheeled trucks; with each platform not less than twenty-four inches
 wide,  with  proper  guard  rails,  grab irons and steps, which shall be
 equipped with a suitable rod, board or other guard designed  to  prevent
 slipping  from the car step. Each such car shall have a door at each end
 and shall be equipped with four separate sleeping berths not  less  than
 six feet and two inches in length. Each such car shall contain a proper-
 ly  furnished toilet room, sink, icebox, water cooler, clothing lockers,
 fire extinguishers, and with either  a  cupola  of  sufficient  size  to
 accommodate  at least two men OR WOMEN or bay windows.  EACH SUCH TOILET
 ROOM SHALL CONTAIN MENSTRUAL PRODUCTS, INCLUDING, BUT  NOT  LIMITED  TO,
 SANITARY  NAPKINS,  TAMPONS AND PANTY LINERS, WHICH SHALL BE PROVIDED AT
 NO COST TO PERSONS USING SUCH  TOILET  ROOM.  Each  such  car  on  every
 freight  train  shall  be  equipped  with electric markers of sufficient
 candle power to be visible for a distance of three thousand  feet  under
 normal  weather  conditions.  Flashing  type or constant burning markers
 shall be deemed a sufficient compliance with the foregoing  requirement.
 A. 63--A                            4
 
 The  glass  in  all windows and doors of each such car shall be shatter-
 proof. Whenever any caboose or other car used for like  purpose  now  in
 use by any such railroad company shall, after this act goes into effect,
 be  brought  into  any  shop for general repairs it shall be unlawful to
 again put the same into use within this state, as a caboose or other car
 used for like purpose unless it be equipped as provided in this act. All
 cabooses built after January first, nineteen hundred sixty-five must  be
 of steel construction and equipped with electric lights.
   § 17. Section 171 of the multiple residence law is amended by adding a
 new subdivision 3-a to read as follows:
   3-A. EVERY WATERCLOSET THAT IS SUPPLEMENTARY TO THE WATERCLOSET ACCOM-
 MODATIONS  REQUIRED  FOR  THE  EXCLUSIVE USE OF TENANTS OF THE DWELLING,
 SHALL CONTAIN MENSTRUAL PRODUCTS, INCLUDING, BUT NOT LIMITED  TO,  SANI-
 TARY  NAPKINS,  TAMPONS  AND PANTY LINERS, WHICH SHALL BE PROVIDED AT NO
 COST TO PERSONS USING SUCH WATERCLOSETS.
   § 18. The education law is amended by adding a new  section  213-a  to
 read as follows:
   §  213-A.  MENSTRUAL PRODUCTS. THE COMMISSIONER SHALL REQUIRE THAT ALL
 FEMALE-DESIGNATED AND GENDER-NEUTRAL TOILET ROOMS  LOCATED  ON  PROPERTY
 OWNED OR LEASED BY THE UNIVERSITY PROVIDE MENSTRUAL PRODUCTS AT NO COST,
 INCLUDING,  BUT  NOT  LIMITED  TO,  SANITARY  NAPKINS, TAMPONS AND PANTY
 LINERS.
   § 19. The education law is amended by adding a new  section  409-n  to
 read as follows:
   §  409-N.  MENSTRUAL  PRODUCTS.  THE BOARD OF EDUCATION OR TRUSTEES OF
 EVERY SCHOOL DISTRICT, AND THE PRINCIPAL OR OTHER PERSON  IN  CHARGE  OF
 EVERY  NONPUBLIC  ELEMENTARY  OR SECONDARY SCHOOL WITHIN THE STATE SHALL
 REQUIRE THAT  ALL  FEMALE-DESIGNATED  AND  GENDER-NEUTRAL  TOILET  ROOMS
 PROVIDE  MENSTRUAL  PRODUCTS  AT NO COST, INCLUDING, BUT NOT LIMITED TO,
 SANITARY NAPKINS, TAMPONS AND PANTY LINERS.
   § 20. The education law is amended by adding a  new  section  6235  to
 read as follows:
   §  6235.  MENSTRUAL PRODUCTS. THE BOARD OF TRUSTEES SHALL REQUIRE THAT
 ALL FEMALE-DESIGNATED AND GENDER-NEUTRAL TOILET ROOMS LOCATED ON PROPER-
 TY OWNED OR LEASED BY THE CITY UNIVERSITY PROVIDE MENSTRUAL PRODUCTS  AT
 NO  COST,  INCLUDING,  BUT NOT LIMITED TO, SANITARY NAPKINS, TAMPONS AND
 PANTY LINERS.
   § 21. The correction law is amended by adding a  new  section  627  to
 read as follows:
   §  627.  MENSTRUAL  PRODUCTS.  MENSTRUAL  PRODUCTS, INCLUDING, BUT NOT
 LIMITED TO,  SANITARY  NAPKINS,  TAMPONS  AND  PANTY  LINERS,  SHALL  BE
 PROVIDED AT NO COST TO INDIVIDUALS HOUSED IN STATE AND LOCAL CORRECTION-
 AL  FACILITIES  USED  FOR THE GENERAL CONFINEMENT OF FEMALE INCARCERATED
 INDIVIDUALS AND IN ANY OTHER STATE OR LOCAL  FACILITY  WHERE  WOMEN  ARE
 DETAINED OR CONFINED BY LAW ENFORCEMENT AGENCIES.
   §  22.  Article 9 of the public authorities law is amended by adding a
 new title 13 to read as follows:
 
                                 TITLE 13
                            MENSTRUAL PRODUCTS
 SECTION 2988. MENSTRUAL PRODUCTS IN TOILET FACILITIES.
   § 2988. MENSTRUAL PRODUCTS IN TOILET FACILITIES.  ALL PUBLIC  AUTHORI-
 TIES  AS DESIGNATED BY THIS CHAPTER SHALL REQUIRE THAT ALL FEMALE-DESIG-
 NATED AND GENDER-NEUTRAL TOILET FACILITIES LOCATED ON PROPERTY OWNED  OR
 LEASED  BY  SUCH PUBLIC AUTHORITY PROVIDE MENSTRUAL PRODUCTS AT NO COST,
 A. 63--A                            5
 
 INCLUDING, BUT NOT LIMITED  TO,  SANITARY  NAPKINS,  TAMPONS  AND  PANTY
 LINERS.
   §  23.  The  general  business  law is amended by adding a new section
 399-aaaaa to read as follows:
   § 399-AAAAA. MENSTRUAL PRODUCTS  IN  TOILET  FACILITIES.  ALL  OWNERS,
 LESSEES  OR  OTHER  OCCUPANTS OF ANY REAL PROPERTY OR ANY OTHER PERSONS,
 COPARTNERSHIPS, CORPORATIONS, OR ENTITIES ENGAGED IN BUSINESS ACTIVITIES
 IN THE STATE SHALL REQUIRE THAT ALL FEMALE-DESIGNATED AND GENDER-NEUTRAL
 TOILET FACILITIES  LOCATED  ON  SUCH  REAL  PROPERTY  PROVIDE  MENSTRUAL
 PRODUCTS  AT  NO  COST, INCLUDING, BUT NOT LIMITED TO, SANITARY NAPKINS,
 TAMPONS AND PANTY LINERS.
   § 24.  This act shall take effect on the  one  hundred  eightieth  day
 after  it  shall have become a law. Effective immediately, the addition,
 amendment and/or repeal of any rule  or  regulation  necessary  for  the
 implementation  of  this  act on its effective date are authorized to be
 made and completed on or before such effective date.