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Assembly passes measure to designate all‑gender bathrooms in state buildings where single‑occupancy stalls are not available
Summary
The Assembly approved a law expanding the state’s requirement that single‑occupancy restrooms be all‑gender to allow designation of a multi‑stall, all‑gender bathroom where no single‑occupancy stall exists; debate centered on the statute’s reach and the meaning of “where practicable.”
The Assembly on Wednesday passed Assembly Bill 805 to expand the state’s all‑gender restroom requirement. Under current law, state agencies must designate single‑occupancy restrooms as all‑gender; the bill adds that, when no single‑occupancy facility can be designated, agencies shall instead designate a multiple‑occupancy bathroom as all‑gender in state‑owned or state‑operated buildings.
Sponsor Mister Epstein said the change ensures that government buildings have at least one all‑gender facility available to visitors and employees. “We want to make sure this building and all government buildings are available and accessible for all New Yorkers,” he said while explaining his yes vote.
Floor questioning focused on implementation and a phrase that members said had been removed from the bill text: whether the “where practicable” standard that currently applies in state‑leased buildings also governs the new multiple‑occupancy designation in state‑owned buildings. Critics said the bill as drafted could be read to require conversion of a men’s or women’s multi‑stall restroom in small buildings that have only two restrooms, creating privacy and operational concerns.
Mister Condolfo and others asked how agencies would decide which bathroom to convert and whether physical modifications — for example covering urinals or adding full stalls — would be required. Epstein said intent and agency guidance would avoid unfair outcomes and that agencies generally could convert a restroom by re‑signing facilities or making minimal modifications.
The Assembly recorded 89 ayes and 60 noes; the bill passed and will take effect on the 90th day after enactment, per the clerk’s reading of the statute. Debate on the floor flagged areas for agency guidance, including how the statute interacts with existing leased‑building language and how agencies define “practicable.”
