Gender Neutral Bathrooms
NY-ADR
3/17/21 N.Y. St. Reg. SUN-11-21-00006-EP
NEW YORK STATE REGISTER
VOLUME XLIII, ISSUE 11
March 17, 2021
RULE MAKING ACTIVITIES
STATE UNIVERSITY OF NEW YORK
EMERGENCY/PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
I.D No. SUN-11-21-00006-EP
Filing No. 194
Filing Date. Mar. 02, 2021
Effective Date. Mar. 02, 2021
Gender Neutral Bathrooms
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Proposed Action:
Addition of Part 317 to Title 8 NYCRR.
Statutory authority:
Education Law, section 355(2)(b) and (h)
Finding of necessity for emergency rule:
Preservation of general welfare.
Specific reasons underlying the finding of necessity:
This rule will designate all SUNY state-operated campus single occupancy bathrooms as gender neutral bathrooms. On December 23, 2020, Governor Cuomo signed into law Chapter 353 of the Laws of 2020, relating to the single-occupancy bathroom requirement. The law goes into effect March 23, 2021. In order to comply with this law, the SUNY Board of Trustees has determined that emergency adoption is necessary.
Subject:
Gender Neutral Bathrooms.
Purpose:
To conform with legislation requiring SUNY state-operated campuses to designate all single occupancy bathrooms as gender neutral.
Text of emergency/proposed rule:
Part 317 Single Occupancy Bathrooms
317.1 Single Occupancy Bathrooms on State-operated Campuses
(a) All public single-occupancy bathroom facilities at each state-operated institution shall be designated as gender neutral for use by no more than one occupant at a time or for family or assisted use.
(b) Such gender neutral bathroom facilities shall be clearly designated by the posting of such on or near the entry door of each facility.
(c) For purposes of this section, single-occupancy bathroom shall have the same meaning as paragraph (d) of subdivision one of section one hundred forty-five of the public buildings law.
(d) This section shall constitute written adoption by each of the state-operated institutions of the requirements of subdivision twenty of section three hundred fifty-five of the education law.
This notice is intended:
to serve as both a notice of emergency adoption and a notice of proposed rule making. The emergency rule will expire May 30, 2021.
Text of rule and any required statements and analyses may be obtained from:
Lisa S. Campo, State University of New York, State University Plaza, Albany, NY 12246, (518) 320-1400, email: [email protected]
Data, views or arguments may be submitted to:
Same as above.
Public comment will be received until:
60 days after publication of this notice.
Regulatory Impact Statement
1. Statutory Authority: Education Law, Sections 355(2)(b) and 355(2)(h). Section 355(2)(b) authorizes the State University Trustees to make and amend rules and regulations for the overall governance of the State University and institutions therein. Section 355(2)(h) authorizes the State University Trustees to regulate the admission of students, tuition charges, other fees and charges, curricula, and all other matters pertaining to the operation and administration of each State-operated institution of the State University.
2. Legislative Objectives: Chapter 353 of the Laws of 2020 require SUNY state-operated campuses to designate all single occupancy bathrooms as gender neutral bathrooms.
3. Needs and Benefits: This landmark civil rights measure will help protect transgender, gender nonconforming, and non-binary (TGNCNB) individuals from discrimination and harassment by creating more inclusive spaces.
4. Costs: No additional direct costs to the State. It is anticipated that any revenue impact from this action will be managed within existing SUNY budgets and/or budgetary actions.
5. Local Government Mandates: This regulation does not impose any mandates on local governments.
6. Paperwork: No parties will experience any new reporting responsibilities. SUNY publications and documents containing maps and locations of bathrooms may need to be revised to reflect these changes.
7. Duplication: None.
8. Alternatives: No significant alternative proposals were considered.
9. Federal Standards: None.
10. Compliance Schedule: Chapter 353 of the Laws of 2021 takes effect March 23, 2021.
Regulatory Flexibility Analysis
No regulatory flexibility analysis is submitted with this notice because the proposed rule does not impose any requirements on small businesses and local governments. This proposed rule making will not impose any adverse economic impact on small businesses and local governments or impose any reporting, recordkeeping or other compliance requirements on small businesses and local governments.
Rural Area Flexibility Analysis
No rural area flexibility analysis is submitted with this notice because the proposed rule does not impose any requirements on rural areas. The rule will not impose any adverse economic impact on rural areas or impose any reporting, recordkeeping, professional services or other compliance requirements on rural areas.
Job Impact Statement
No job impact statement is submitted with this notice because the proposed rule does not impose any adverse economic impact on existing jobs, employment opportunities, or self-employment. This regulation requires all SUNY state-operated campuses to designate all single occupancy bathrooms as gender neutral bathrooms and will not have any adverse impact on the number of jobs or employment.
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