STATE OF NEW YORK
________________________________________________________________________
8523--A
IN SENATE
March 8, 2022
___________
Introduced by Sen. SAVINO -- read twice and ordered printed, and when
printed to be committed to the Committee on Consumer Protection --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
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:
1 Section 1. The general business law is amended by adding a new section
2 399-k to read as follows:
3 § 399-k. Access to restroom facilities. 1. A place of business open
4 to the general public for the sale of goods or services that has a
5 toilet facility for its employees shall allow any individual who is
6 lawfully on the premises of such place of business while performing a
7 utility related service to use that toilet facility during normal busi-
8 ness hours, even if the place of business does not normally make the
9 employee toilet facility available to the public, provided that all of
10 the following conditions are met:
11 a. the individual requesting the use of the employee toilet facility
12 is an employee of a public utility company or a public utility corpo-
13 ration as defined in section two of the public service law, provided
14 that the place of business may require the individual to present reason-
15 able evidence that the individual is an employee of such public utility
16 entity;
17 b. two or more employees of the place of business are working at the
18 time the individual requests use of the employee toilet facility;
19 c. the employee toilet facility is not located in an area where
20 providing access would create an obvious health or safety risk to the
21 requesting individual or create a security risk to the people, or prop-
22 erty within the place of business;
23 d. use of the toilet facility would not create an obvious health or
24 safety risk to the requesting individual; and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09458-02-2
S. 8523--A 2
1 e. a public restroom is not immediately accessible to the requesting
2 individual.
3 2. A violation of the provisions of this section shall be punishable
4 by a civil penalty not to exceed five hundred dollars for each
5 violation.
6 3. Businesses shall not be liable for any injuries which result from
7 toilet facility use by utility workers.
8 § 2. This act shall take effect immediately.
