Assembly Bill A5361

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5361
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 13, 2025
                                ___________
 
 Introduced  by M. of A. FORREST -- read once and referred to the Commit-
   tee on Governmental Operations
 
 AN ACT to amend the public buildings law, in relation to signage for and
   access to lactation rooms in public buildings
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Section  144  of  the  public  buildings law, as added by
 section 1 of part JJ of chapter 58 of the laws of 2018,  is  amended  to
 read as follows:
   § 144. Lactation room in public buildings. 1. As used in this section:
   (a)  "covered  public  building"  means a public building owned by the
 state of New York, under the supervision and control of the commissioner
 of general services, that is determined by said commissioner to be  open
 to the public; and
   (b)  "lactation  room"  means a hygienic place, other than a bathroom,
 that:
   (1) is shielded from view;
   (2) is free from intrusion;
   (3) IS WELL LIT;
   (4) contains a chair,  a  working  surface,  NEARBY  ACCESS  TO  CLEAN
 RUNNING  WATER,  and,  if the public building is otherwise supplied with
 electricity, an electrical outlet; and
   [(4)] (5) is intended to be used for the primary  purpose  of  breast-
 feeding or expressing breast milk.
   2.  A  covered  public building shall contain a lactation room that is
 made available for use by a  member  of  the  public  to  breastfeed  or
 express breast milk.
   3. A covered public building shall be excluded from the requirement of
 subdivision two of this section if[:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07344-01-5
 A. 5361                             2

              

   (a)  the public building does not have a room that could be repurposed
 as a lactation room or a space that could be made private, at a  reason-
 able cost; or
   (b)]  new construction would be required to create a lactation room in
 the public building and the cost of such construction is unfeasible.
   4. A COVERED PUBLIC BUILDING CONTAINING A LACTATION ROOM THAT IS  MADE
 AVAILABLE  FOR  USE  BY  A MEMBER OF THE PUBLIC TO BREASTFEED OR EXPRESS
 BREAST MILK SHALL HAVE A SIGN NOTIFYING THE PUBLIC OF  THE  AVAILABILITY
 OF SUCH LACTATION ROOM. SUCH SIGN SHALL BE POSTED PUBLICLY IN A CONSPIC-
 UOUS  LOCATION,  EITHER  DIRECTLY OUTSIDE THE ENTRANCE OF SUCH LACTATION
 ROOM OR WITHIN THE RECEPTION AREA OF SUCH PUBLIC BUILDING.
   5. THE OFFICE OF GENERAL SERVICES SHALL COMPILE A DIRECTORY OF  PUBLIC
 BUILDINGS  WHICH CONTAIN LACTATION ROOMS THAT ARE MADE AVAILABLE FOR USE
 BY MEMBERS OF THE PUBLIC TO BREASTFEED  OR  EXPRESS  BREAST  MILK.  SUCH
 DIRECTORY  SHALL BE POSTED ON THE OFFICE OF GENERAL SERVICE'S WEBSITE BY
 NO LATER THAN SIX MONTHS AFTER THE EFFECTIVE DATE OF THE CHAPTER OF  THE
 LAWS  OF TWO THOUSAND TWENTY-FIVE THAT AMENDED THIS SECTION AND SHALL BE
 PERIODICALLY UPDATED EVERY SIX MONTHS THEREAFTER. SUCH  DIRECTORY  SHALL
 INDICATE  IF  A  PUBLIC  BUILDING  LISTED  ON  SUCH  DIRECTORY HAS EXTRA
 REQUIREMENTS TO ACCESS A LACTATION ROOM PURSUANT  TO  PARAGRAPH  (B)  OF
 SUBDIVISION SIX OF THIS SECTION AND LIST ANY SUCH EXTRA REQUIREMENTS.
   6.  (A)  Nothing  in  this  section shall be construed to authorize an
 individual to enter a public building that the individual is not  other-
 wise authorized to enter.
   (B)  IF  A  LACTATION ROOM IS IN A PUBLIC BUILDING, OR A LOCATION IN A
 PUBLIC BUILDING, THAT A MEMBER OF THE  PUBLIC  WOULD  NOT  OTHERWISE  BE
 AUTHORIZED  TO ENTER, THE OPERATING AGENCY OF SUCH BUILDING SHALL ESTAB-
 LISH CLEAR RULES AND REQUIREMENTS TO ALLOW A MEMBER  OF  THE  PUBLIC  TO
 ACCESS  SUCH LACTATION ROOM TO BREASTFEED OR EXPRESS BREAST MILK, UNLESS
 SUCH ACCESS SHALL UNDULY IMPERIL PUBLIC SAFETY.
   § 2. This act shall take effect immediately.