NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5361B
SPONSOR: Forrest TITLE OF BILL:
An act to amend the public buildings law, in relation to signage for and
access to lactation rooms in public buildings
PURPOSE OR GENERAL IDEA OF BILL:
To ensure that lactation rooms in public buildings are accessible,
clearly marked, and that a directory of such rooms is available to the
public.
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends section 144 of the Public Buildings Law by modifying
the definition of a "lactation room" to require that such room contain
nearby access to clean running water, in addition to the existing
requirements that the room be shielded from view, free from intrusion,
well lit, and equipped with a chair, working surface, and electrical
outlet where electricity is available.
-The bill further requires covered public buildings containing lactation
rooms to post signage notifying the public of the availability of such
rooms. Such signage must be displayed in a conspicuous location either
outside the lactation room or within the building's reception area.
-The bill directs the Office of General Services to compile and maintain
a publicly available directory of covered public buildings that contain
lactation rooms available for public use. The directory must be posted
on the Office's website within six months of the effective date and
updated at least every six months thereafter. The directory must also
identify any additional requirements necessary to access a lactation
room.
-The bill further clarifies that nothing in the section authorizes an
individual to enter a public building that they are not otherwise
authorized to enter. Where a lactation room is located in an area of a
public building not ordinarily accessible to the public, the operating
agency must establish clear procedures allowing members of the public to
access the lactation room for breastfeeding or expressing breast milk,
unless such access would unduly imperil public safety.
Section two provides that the act shall take effect immediately.
JUSTIFICATION:
The availability of lactation rooms in public buildings is crucial for
supporting breastfeeding mothers and ensuring they have a private,
clean, and safe space to breastfeed or express milk. This bill strength-
ens existing laws by enhancing the definition of lactation rooms, ensur-
ing they meet basic standards such as adequate lighting, seating, and
access to water and electricity. Furthermore, the requirement for clear
signage will help mothers easily locate these rooms, thereby reducing
stress and encouraging the use of these facilities.
The directory provision ensures transparency and accessibility by making
it easy for the public to identify buildings that offer lactation rooms.
Regular updates to this directory will keep the information current and
reliable. Importantly, the bill balances public access with safety
concerns by allowing for reasonable restrictions where necessary.
This legislation builds on the existing framework, providing a practical
and straightforward solution to a pressing need for breastfeeding moth-
ers. It aligns with New York State's commitment to promoting public
health and supporting the well-being of families.
PRIOR LEGISLATIVE HISTORY:
This is a new bill.
FISCAL IMPLICATIONS:
The fiscal impact is expected to be minimal as it involves updating
existing resources and installing signage rather than extensive new
construction.
EFFECTIVE DATE:;
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
5361--B
2025-2026 Regular Sessions
IN ASSEMBLY
February 13, 2025
___________
Introduced by M. of A. FORREST, LEVENBERG, OTIS -- read once and
referred to the Committee on Governmental Operations -- recommitted to
the Committee on Governmental Operations in accordance with Assembly
Rule 3, sec. 2 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- again
reported from said committee with amendments, ordered reprinted as
amended and recommitted to said committee
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:
1 Section 1. Section 144 of the public buildings law, as added by
2 section 1 of part JJ of chapter 58 of the laws of 2018, is amended to
3 read as follows:
4 § 144. Lactation room in public buildings. 1. As used in this section:
5 (a) "covered public building" means a public building owned by the
6 state of New York, under the supervision and control of the commissioner
7 of general services, that is determined by said commissioner to be open
8 to the public; and
9 (b) "lactation room" means a hygienic place, other than a bathroom,
10 that:
11 (1) is shielded from view;
12 (2) is free from intrusion;
13 (3) is well lit;
14 (4) contains a chair, a working surface, nearby access to clean
15 running water, and, if the public building is otherwise supplied with
16 electricity, an electrical outlet; and
17 [(4)] (5) is intended to be used for the primary purpose of breast-
18 feeding or expressing breast milk.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07344-04-6
A. 5361--B 2
1 2. A covered public building shall contain a lactation room that is
2 made available for use by a member of the public to breastfeed or
3 express breast milk.
4 3. A covered public building shall be excluded from the requirement of
5 subdivision two of this section if:
6 (a) the public building does not have a room that could be repurposed
7 as a lactation room or a space that could be made private, at a reason-
8 able cost; or
9 (b) new construction would be required to create a lactation room in
10 the public building and the cost of such construction is unfeasible.
11 4. A covered public building containing a lactation room that is made
12 available for use by a member of the public to breastfeed or express
13 breast milk shall have a sign notifying the public of the availability
14 of such lactation room. Such sign shall be posted publicly in a conspic-
15 uous location, either directly outside the entrance of such lactation
16 room or within the reception area of such public building.
17 5. The office of general services shall compile a directory of public
18 buildings which contain lactation rooms that are made available for use
19 by members of the public to breastfeed or express breast milk. Such
20 directory shall be posted on the office of general service's website by
21 no later than six months after the effective date of the chapter of the
22 laws of two thousand twenty-six that amended this section and shall be
23 periodically updated every six months thereafter. Such directory shall
24 indicate if a public building listed on such directory has extra
25 requirements to access a lactation room pursuant to paragraph (b) of
26 subdivision six of this section and list any such extra requirements.
27 6. (a) Nothing in this section shall be construed to authorize an
28 individual to enter a public building that the individual is not other-
29 wise authorized to enter.
30 (b) If a lactation room is in a public building, or a location in a
31 public building, that a member of the public would not otherwise be
32 authorized to enter, the operating agency of such building shall estab-
33 lish clear rules and requirements to allow a member of the public to
34 access such lactation room to breastfeed or express breast milk, unless
35 such access shall unduly imperil public safety.
36 § 2. This act shall take effect immediately.
