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
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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-
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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-
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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.
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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.