S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6978
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 9, 2023
                                ___________
 
 Introduced  by M. of A. WALLACE -- read once and referred to the Commit-
   tee on Consumer Affairs and Protection
 
 AN ACT to amend the general business  law,  in  relation  to  permitting
   employees  of  public  utilities access to certain restroom facilities
   without being a paying customer

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 399-k to read as follows:
   §  399-K.  ACCESS TO RESTROOM FACILITIES.  1. A PLACE OF BUSINESS OPEN
 TO THE GENERAL PUBLIC FOR THE SALE OF  GOODS  OR  SERVICES  THAT  HAS  A
 TOILET  FACILITY  FOR  ITS  EMPLOYEES  SHALL ALLOW ANY INDIVIDUAL WHO IS
 LAWFULLY ON THE PREMISES OF SUCH PLACE OF BUSINESS  WHILE  PERFORMING  A
 UTILITY  RELATED SERVICE TO USE THAT TOILET FACILITY DURING NORMAL BUSI-
 NESS HOURS, EVEN IF THE PLACE OF BUSINESS DOES  NOT  NORMALLY  MAKE  THE
 EMPLOYEE  TOILET  FACILITY AVAILABLE TO THE PUBLIC, PROVIDED THAT ALL OF
 THE FOLLOWING CONDITIONS ARE MET:
   A. THE INDIVIDUAL REQUESTING THE USE OF THE EMPLOYEE  TOILET  FACILITY
 IS  AN  EMPLOYEE  OF A PUBLIC UTILITY COMPANY OR A PUBLIC UTILITY CORPO-
 RATION AS DEFINED IN SECTION TWO OF THE  PUBLIC  SERVICE  LAW,  PROVIDED
 THAT THE PLACE OF BUSINESS MAY REQUIRE THE INDIVIDUAL TO PRESENT REASON-
 ABLE  EVIDENCE THAT THE INDIVIDUAL IS AN EMPLOYEE OF SUCH PUBLIC UTILITY
 ENTITY;
   B. TWO OR MORE EMPLOYEES OF THE PLACE OF BUSINESS ARE WORKING  AT  THE
 TIME THE INDIVIDUAL REQUESTS USE OF THE EMPLOYEE TOILET FACILITY;
   C.  THE  EMPLOYEE  TOILET  FACILITY  IS  NOT  LOCATED IN AN AREA WHERE
 PROVIDING ACCESS WOULD CREATE AN OBVIOUS HEALTH OR SAFETY  RISK  TO  THE
 REQUESTING  INDIVIDUAL OR CREATE A SECURITY RISK TO THE PEOPLE, OR PROP-
 ERTY WITHIN THE PLACE OF BUSINESS;
   D. USE OF THE TOILET FACILITY WOULD NOT CREATE AN  OBVIOUS  HEALTH  OR
 SAFETY RISK TO THE REQUESTING INDIVIDUAL; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07109-01-3
              

 A. 6978                             2
 
   E.  A  PUBLIC RESTROOM IS NOT IMMEDIATELY ACCESSIBLE TO THE REQUESTING
 INDIVIDUAL.
   2.  A  VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL BE PUNISHABLE
 BY A  CIVIL  PENALTY  NOT  TO  EXCEED  FIVE  HUNDRED  DOLLARS  FOR  EACH
 VIOLATION.
   3.  BUSINESSES SHALL NOT BE  LIABLE FOR ANY INJURIES WHICH RESULT FROM
 TOILET FACILITY USE BY UTILITY WORKERS.
   § 2. This act shall take effect immediately.