S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    137
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by M. of A. L. ROSENTHAL, CRUZ, FERNANDEZ, DE LA ROSA, GRIF-
   FIN, REYES, PICHARDO, QUART, GOTTFRIED -- 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
   social services law, the public authorities law and the general  busi-
   ness  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  SHALL  CONTAIN FEMININE HYGIENE
 PRODUCTS, INCLUDING, BUT NOT LIMITED TO, SANITARY NAPKINS,  TAMPONS  AND
 PANTY LINERS, TO BE PROVIDED AT NO COST TO SUCH WOMEN.
   §  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 WASHROOMS  SHALL  PROVIDE
 FEMININE  HYGIENE  PRODUCTS  AT  NO COST, INCLUDING, BUT NOT LIMITED TO,
 SANITARY NAPKINS, TAMPONS AND PANTY LINERS.
   § 4. Section 295 of the labor law is amended by adding a new  subdivi-
 sion 2-a to read as follows:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD00339-01-1

 A. 137                              2
 
   2-A.  ALL  WATERCLOSET  COMPARTMENT  OR TOILET ROOMS FOR FEMALES SHALL
 CONTAIN FEMININE HYGIENE PRODUCTS, INCLUDING, BUT NOT LIMITED TO,  SANI-
 TARY  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 COMPARTMENT OR TOILET  ROOMS  FOR  FEMALES  SHALL
 CONTAIN  FEMININE HYGIENE PRODUCTS, INCLUDING, BUT NOT LIMITED TO, SANI-
 TARY 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 WASHROOMS SHALL
 PROVIDE FEMININE HYGIENE 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. FEMININE HYGIENE PRODUCTS. EACH COUNTY, CITY, TOWN OR  VILLAGE
 SHALL  PROVIDE  FEMININE HYGIENE PRODUCTS AT NO COST, INCLUDING, BUT NOT
 LIMITED TO, SANITARY NAPKINS, TAMPONS AND PANTY LINERS, IN  ALL  FEMALE-
 DESIGNATED  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  146
 to read as follows:
   § 146. FEMININE HYGIENE PRODUCTS IN PUBLIC BUILDINGS. THE COMMISSIONER
 OF  GENERAL  SERVICES SHALL REQUIRE THAT ALL FEMALE-DESIGNATED WASHROOMS
 AND TOILET FACILITIES LOCATED IN ALL STATE OWNED  OR  LEASED  BUILDINGS,
 EXCEPT  FOR  ACADEMIC BUILDINGS, DORMITORIES AND OTHER FACILITIES OF THE
 STATE UNIVERSITY SYSTEM, PROVIDE FEMININE HYGIENE 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 FEMININE HYGIENE PRODUCTS. THE COMMISSIONER SHALL REQUIRE THAT
 ALL FEMALE-DESIGNATED 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 FEMININE HYGIENE  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 WATERCLOSET  COMPARTMENT,
 BATHROOM,  OR  TOILET  ROOM,  SHALL  CONTAIN  FEMININE HYGIENE 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 FEMININE HYGIENE PRODUCTS,
 INCLUDING, BUT NOT LIMITED  TO,  SANITARY  NAPKINS,  TAMPONS  AND  PANTY
 LINERS,  SHALL BE PROVIDED AT NO COST TO PERSONS USING FEMALE-DESIGNATED
 TOILET AND LAVATORY FACILITIES LOCATED  WITHIN  ALL  HOSPITALS,  NURSING
 HOMES,  AND  RESIDENTIAL  HEALTH  CARE  FACILITIES AS DEFINED IN SECTION
 TWENTY-EIGHT HUNDRED ONE OF THIS CHAPTER.

 A. 137                              3
 
   § 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; FEMININE HYGIENE PRODUCTS. FEMININE  HYGIENE
 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.  FEMININE  HYGIENE  PRODUCTS.  FEMININE  HYGIENE  PRODUCTS,
 INCLUDING, BUT NOT LIMITED  TO,  SANITARY  NAPKINS,  TAMPONS  AND  PANTY
 LINERS, SHALL BE PROVIDED AT NO COST TO PATRONS IN ALL FEMALE-DESIGNATED
 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 FEMININE HYGIENE 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 FEMININE HYGIENE 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.
 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,

 A. 137                              4

 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 FEMININE HYGIENE PRODUCTS, INCLUDING, BUT NOT LIMITED TO,
 SANITARY 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. FEMININE HYGIENE PRODUCTS.  THE  COMMISSIONER  SHALL  REQUIRE
 THAT  ALL  FEMALE-DESIGNATED  TOILET  ROOMS LOCATED ON PROPERTY OWNED OR
 LEASED BY THE UNIVERSITY PROVIDE FEMININE HYGIENE 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-m  to
 read as follows:
   § 409-M. FEMININE HYGIENE 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 TOILET ROOMS PROVIDE FEMININE HYGIENE
 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. FEMININE HYGIENE PRODUCTS. THE BOARD OF TRUSTEES SHALL REQUIRE
 THAT ALL FEMALE-DESIGNATED TOILET ROOMS LOCATED  ON  PROPERTY  OWNED  OR
 LEASED  BY  THE  CITY UNIVERSITY PROVIDE FEMININE HYGIENE 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  626  to
 read as follows:
   §  626.  FEMININE HYGIENE PRODUCTS. FEMININE HYGIENE PRODUCTS, INCLUD-
 ING, BUT NOT LIMITED TO, SANITARY NAPKINS,  TAMPONS  AND  PANTY  LINERS,
 SHALL  BE  PROVIDED  AT NO COST TO INDIVIDUALS HOUSED IN STATE AND LOCAL
 CORRECTIONAL FACILITIES USED  FOR  THE  GENERAL  CONFINEMENT  OF  FEMALE
 INMATES  AND  IN  ANY  OTHER  STATE  OR  LOCAL  FACILITY WHERE WOMEN ARE
 DETAINED OR CONFINED BY LAW ENFORCEMENT AGENCIES.
   § 22. The social services law is amended by adding a new section 152-c
 to read as follows:
   § 152-C. FEMININE  HYGIENE  PRODUCTS.  EXCEPT  IN  A  SOCIAL  SERVICES
 DISTRICT  WITH  A  POPULATION  OF  FIVE MILLION OR MORE, ANY PROVIDER OF
 TEMPORARY HOUSING ASSISTANCE, WHICH SHALL INCLUDE BUT NOT BE LIMITED TO,
 A FAMILY SHELTER, A SHELTER FOR ADULTS, A HOTEL, AN EMERGENCY APARTMENT,
 A DOMESTIC VIOLENCE SHELTER, A RUNAWAY AND HOMELESS YOUTH SHELTER, OR  A
 SAFE  HOUSE  FOR REFUGEES, SHALL BE REQUIRED TO PROVIDE FEMININE HYGIENE
 PRODUCTS, INCLUDING, BUT NOT LIMITED TO, SANITARY NAPKINS,  TAMPONS  AND
 PANTY LINERS, AT NO COST.
   §  23.  Article 9 of the public authorities law is amended by adding a
 new title 13 to read as follows:

 A. 137                              5
 
                                 TITLE 13
                         FEMININE HYGIENE PRODUCTS
 SECTION 2988. FEMININE HYGIENE PRODUCTS IN TOILET FACILITIES.
   §  2988.  FEMININE  HYGIENE PRODUCTS IN TOILET FACILITIES.  ALL PUBLIC
 AUTHORITIES AS  DESIGNATED  BY  THIS  CHAPTER  SHALL  REQUIRE  THAT  ALL
 FEMALE-DESIGNATED  TOILET FACILITIES LOCATED ON PROPERTY OWNED OR LEASED
 BY SUCH PUBLIC AUTHORITY PROVIDE FEMININE HYGIENE PRODUCTS AT  NO  COST,
 INCLUDING,  BUT  NOT  LIMITED  TO,  SANITARY  NAPKINS, TAMPONS AND PANTY
 LINERS.
   § 24. The general business law is amended  by  adding  a  new  section
 399-aaaaa to read as follows:
   §  399-AAAAA.  FEMININE  HYGIENE  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  TOILET
 FACILITIES  LOCATED  ON  SUCH  REAL  PROPERTY  PROVIDE  FEMININE HYGIENE
 PRODUCTS AT NO COST, INCLUDING, BUT NOT LIMITED  TO,  SANITARY  NAPKINS,
 TAMPONS AND PANTY LINERS.
   §  25.    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.