Pennsylvania SB 940: An Act requiring lactation rooms in Commonwealth buildings; and imposing duties on Department of General Services.

Bill Text

PRINTER'S NO. 1080
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 940
Session of
2025
INTRODUCED BY CAPPELLETTI, SCHWANK, HAYWOOD, COSTA AND SAVAL,
JULY 24, 2025
REFERRED TO STATE GOVERNMENT, JULY 24, 2025
AN ACT
Requiring lactation rooms in Commonwealth buildings; and
imposing duties on Department of General Services.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Lactation
Rooms in Commonwealth Buildings Act.
Section 2. Findings.
The General Assembly finds that:
(1) The Commonwealth intends to comply with Federal and
State laws, regulations and policies, including:
(i) 40 U.S.C. § 3318, which defines a lactation
room;
(ii) Section 4207 of the Patient Protection and
Affordable Care Act (42 U.S.C. § 18001 et seq.);
(iii) Section 218d of the Fair Labor Standards Act,
29 U.S.C. § 218d (relating to breastfeeding
accommodations in the workplace), which contains
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requirements for providing accommodations for nursing
mothers; and
(iv) Human Resources Policy HR-WS001, Nursing
Mothers Rooms which establishes a Commonwealth-wide
policy that accommodates nursing people who wish to
express breast milk while at work.
(2) This chapter expands those guidelines to all
Commonwealth buildings.
(3) Breastfeeding a baby is an important and basic act
of nurturing that must be protected.
(4) A space should be provided in Commonwealth buildings
for individuals who need to express breastmilk or perform
nursing for a child.
Section 3. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Commonwealth building." A building owned or leased by the
Commonwealth that contains offices in which officers or
employees of the Executive, Legislative or Judicial branch of
the Commonwealth or of an independent agency or State-affiliated
entity, as those terms are defined in 62 Pa.C.S. § 103 (relating
to definitions), perform official duties and functions.
"Department." The Department of General Services of the
Commonwealth.
"Lactation room." A hygienic place, other than a bathroom,
that:
(1) is shielded from view;
(2) is free from intrusion; and
(3) contains a chair, a working surface, and, if the
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public building is otherwise supplied with electricity, an
electrical outlet.
"Parent." An individual who is able to express breastmilk
and is currently providing breastmilk for a nursing child,
regardless of whether the individual has legal custody of the
child.
Section 4. Lactation rooms required.
(a) Duty of department.--The department shall ensure that a
Commonwealth building has at least one lactation room and that
the lactation room complies with the requirements established in
this act and Federal law. To maintain privacy and avoid the
appearance of impropriety, the lactation room may be the same
used by employees for the same purpose.
(b) Notice.--Notice to the public regarding the location and
access to a lactation room shall be posted in areas and
designated signage standards of the department.
(c) Mandatory specifications.--A lactation room shall comply
with the following specifications:
(1) Be in a location that complies with the Americans
with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.).
All accessories, equipment, furniture and casework shall be
provided and installed to comply with the requirements of
that act, including accessibility clearances and regulations.
(2) Have a minimum square footage of 80 net usable
square feet.
(3) Have a privacy latch or locking door hardware, or
both, so that the door can be locked from the inside.
(4) Provide visual privacy to the space by modifying or
covering windows, sidelights and doors.
(5) Provide sound privacy to the space to minimize sound
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transmission into adjacent spaces, including, if possible,
using sound attenuation insulation.
(6) Include a chair and table, countertop or desk. The
chair must be upholstered, cushioned, have armrests, a high
back and be of standard seating height.
(7) Provide at least one electrical duplex outlet next
to where an individual may be seated.
(8) Contain a waste receptacle.
(9) Meet standard office-level illumination and
ventilation requirements.
(10) Not be a restroom, toilet stall, storage room or
janitor's closet.
(d) Discretionary specifications.--The following
specifications may be included in a lactation room:
(1) A sink or be adjacent to a kitchenette, breakroom or
women's restroom with a sink installed in casework to provide
the space necessary to clean equipment and containers.
(2) A refrigerator.
(3) Additional electrical outlets throughout the room
for greater fle