S T A T E O F N E W Y O R K
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5343--A
Cal. No. 467
2009-2010 Regular Sessions
I N A S S E M B L Y
February 13, 2009
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Introduced by M. of A. KOON, ENGLEBRIGHT, V. LOPEZ, COLTON, CYMBROWITZ,
ESPAILLAT, MAYERSOHN -- Multi-Sponsored by -- M. of A. BOYLAND, BREN-
NAN, COOK, DESTITO, GALEF, GIANARIS, GLICK, GOTTFRIED, JOHN, LIFTON,
LUPARDO, McENENY, PERRY, PHEFFER, REILICH, P. RIVERA, ROBINSON, SCHIM-
MINGER, TOWNS -- read once and referred to the Committee on Health --
reported from committee, advanced to a third reading, amended and
ordered reprinted, retaining its place on the order of third reading
AN ACT to amend the public health law, the environmental conservation
law, the labor law and the education law, in relation to creating the
environmental health tracking system
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public health law is amended by adding a new section
804 to read as follows:
S 804. ENVIRONMENTAL HEALTH TRACKING SYSTEM. 1. THE LEGISLATURE FINDS
AND DECLARES ALL OF THE FOLLOWING:
A. THERE CURRENTLY EXIST SEVERAL HEALTH AND ENVIRONMENTAL DATABASES
MAINTAINED BY THE STATE. HOWEVER, THERE IS LITTLE OR NO COORDINATION
BETWEEN THE USE AND ANALYSIS OF THESE DATA AS THEY PERTAIN TO ENVIRON-
MENTAL HEALTH ISSUES, OR ACCESSIBILITY OF THIS INFORMATION BY INTERESTED
PARTIES AND RESEARCHERS. IN ITS FIGHT AGAINST CHRONIC DISEASES, INCLUD-
ING BIRTH DEFECTS, THAT ARE RELATED TO THE ENVIRONMENT, THE STATE MUST
GIVE COMMUNITIES AND PUBLIC HEALTH PROFESSIONALS SOLID, RELIABLE INFOR-
MATION, WHICH IS THE MOST BASIC TOOL WITH WHICH TO UNDERTAKE THE
PREVENTION OF THESE DISEASES.
B. ANALYSIS OF AVAILABLE DATA USED TO TRACK AND MONITOR CHRONIC
DISEASES IS CRITICAL TO ALL OF THE FOLLOWING:
(1) KNOWING WHERE AND HOW TO PUT IN PLACE THE MOST EFFECTIVE STRATE-
GIES TO PREVENT DISEASES;
(2) ASSESSING THE CONTRIBUTION OF DISEASES TO DISABILITIES AND PREMA-
TURE MORTALITY;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
A LBD02236-02-9
A. 5343--A 2
(3) MEASURING THE EFFECTIVENESS OF PREVENTION STRATEGIES; AND
(4) GENERATING HYPOTHESES THAT MAY LEAD TO NEW SCIENTIFIC KNOWLEDGE
ABOUT THE CAUSES OF, AND MOST EFFECTIVE WAYS TO FIGHT, CHRONIC DISEASES.
C. STATE GOVERNMENT AGENCIES, UNIVERSITIES AND THEIR CONSULTANTS ARE
THE APPROPRIATE AND NECESSARY INSTITUTIONS TO EXAMINE WHETHER OR NOT,
AND, IF SO, THE EXTENT TO WHICH, PAST ENVIRONMENTAL EXPOSURES MIGHT
INCREASE THE RISK OF CHRONIC DISEASES, INCLUDING, BUT NOT LIMITED TO,
BIRTH DEFECTS, DIABETES, HEART DISEASE, THYROID DISEASE, REPRODUCTIVE
DISORDERS, CANCER, ASTHMA AND OTHER RESPIRATORY CONDITIONS, PARKINSON'S
DISEASE, ALZHEIMER'S DISEASE, AND OTHER NEUROLOGICALLY DEGENERATIVE
DISEASES.
D. THE INITIAL INVESTMENT TO ESTABLISH THE ENVIRONMENTAL HEALTH TRACK-
ING SYSTEM, INCLUDING AN ANALYSIS INFRASTRUCTURE TO DEVELOP PREVENTIVE
STRATEGIES, WOULD CONSTITUTE A SMALL FRACTION OF THE ANNUAL COSTS OF
CONTROLLING CHRONIC DISEASES IN THE STATE.
E. IT IS THE INTENT OF THE LEGISLATURE IN CREATING THE ENVIRONMENTAL
HEALTH TRACKING SYSTEM TO FORM A PUBLIC-PRIVATE PARTNERSHIP TO CREATE AN
ENVIRONMENTAL HEALTH AND TRACKING SYSTEM TO DO ALL OF THE FOLLOWING:
(1) PROVIDE A CONTINUALLY UPDATED DATABASE, WITH LINKAGES TO BIOMONI-
TORING INFORMATION, INFORMATION ABOUT EXPOSURES TO OTHER ENVIRONMENTAL
AGENTS, DISEASE TYPE DATA AND OTHER DATA COLLECTED PURSUANT TO THIS
SECTION, AS WELL AS LINKAGES TO DATABASES OF THE U.S. CENTERS FOR
DISEASE CONTROL INCLUDING THOSE IN ITS NATURAL ENVIRONMENTAL PUBLIC
HEALTH TRACKING PROGRAM AND IN ITS BEHAVIORAL RISK FACTORS DATABASE, IN
ORDER TO ASSESS THE POTENTIAL IMPACT OF ENVIRONMENTAL CONTAMINANTS
(DEFINED AS PHYSICAL, CHEMICAL OR BIOLOGICAL AGENTS) ON THE HUMAN BODY
AND TO EVALUATE SUCH IN RELATION TO ESTABLISHED DISEASE RISK FACTORS;
(2) ON AN ONGOING BASIS, TRACK AND EVALUATE A VARIETY OF CHRONIC
DISEASES IN RELATION TO ENVIRONMENTAL EXPOSURES, INCLUDING STATE, LOCAL
AND INTERNATIONAL DATA ON ACTUAL INCIDENCES OF CHRONIC DISEASE;
(3) MAKE SUCH DATA AVAILABLE TO THE PUBLIC IN AN ACCESSIBLE AND USEFUL
FORMAT; AND
(4) ULTIMATELY PROVIDE SUCH DATA TO THE RELEVANT BOARD, DIVISION, OR
OFFICE WITHIN THE DEPARTMENT, THE DEPARTMENT OF ENVIRONMENTAL CONSERVA-
TION, THE DEPARTMENT OF LABOR, THE WORKERS' COMPENSATION BOARD, AND THE
STATE UNIVERSITY OF NEW YORK SCHOOLS OF PUBLIC HEALTH AT ALBANY AND
BUFFALO FOR THE DEVELOPMENT OF APPROPRIATE PREVENTIVE STRATEGIES.
2. A. THE ENVIRONMENTAL HEALTH TRACKING SYSTEM IS HEREBY ESTABLISHED
IN THE DEPARTMENT. THE PURPOSE OF SUCH SYSTEM SHALL BE TO MONITOR ENVI-
RONMENTAL EXPOSURES AND CHRONIC DISEASES AFFECTING NEW YORKERS. THE
STATE UNIVERSITY OF NEW YORK SCHOOLS OF PUBLIC HEALTH AT ALBANY AND
BUFFALO ARE DIRECTED TO COOPERATE WITH THE DEPARTMENT IN ESTABLISHING
THE ENVIRONMENTAL HEALTH TRACKING SYSTEM.
B. THE OBJECTIVES OF THE ENVIRONMENTAL HEALTH TRACKING SYSTEM ARE AS
FOLLOWS:
(1) TO TRACK AND EVALUATE A VARIETY OF CHRONIC DISEASES IN RELATION TO
ENVIRONMENTAL EXPOSURES;
(2) TO ALLOW BOTH GOVERNMENT AND UNIVERSITY INVESTIGATORS, THEIR
CONSULTANTS AND PUBLIC HEALTH OFFICIALS TO ASSESS THE IMPACT OF ENVIRON-
MENTAL CONTAMINANTS ON THE HUMAN BODY; AND
(3) TO PROVIDE INFORMATION TO THE DEPARTMENT AND TO THE DEPARTMENT OF
ENVIRONMENTAL CONSERVATION FOR THE DEVELOPMENT OF APPROPRIATE PREVENTIVE
STRATEGIES.
C. TO EXAMINE THE RELATIONSHIPS BETWEEN CHRONIC DISEASES AND THE ENVI-
RONMENT, USING, TO THE MAXIMUM EXTENT POSSIBLE, EXISTING HEALTH AND
A. 5343--A 3
ENVIRONMENTAL DATA, THE COMMISSIONER, BASED UPON THE RECOMMENDATIONS OF
THE WORKING GROUP REQUIRED PURSUANT TO THIS SECTION, SHALL:
(1) ON AN ONGOING BASIS, SURVEY A CROSS SECTION OF THE OVERALL POPU-
LATION IN THE STATE, INCLUDING, TO THE EXTENT POSSIBLE, REGIONAL DATA TO
ASSESS GEOGRAPHIC VARIATION, INCLUDING CHRONICALLY ILL PATIENTS, AND
THEIR ENVIRONMENTAL EXPOSURES;
(2) ON A CONTINUING AND PERIODIC BASIS, CONDUCT SCIENCE BASED BIOMONI-
TORING, USING CDC VALIDATED, ANALYTICAL PROTOCOLS AND CDC'S GUIDELINES
AND PRACTICES FOR ETHICAL TREATMENT OF AND COMMUNICATIONS OF INFORMATION
TO PARTICIPANTS IN BIOMONITORING PROGRAMS, FOR A CROSS SECTION OF THE
POPULATION, INCLUDING, TO THE EXTENT POSSIBLE, REGIONAL DATA TO ASSESS
GEOGRAPHIC VARIATION; AND
(3) ON AN ONGOING BASIS, LINK DATA CREATED BY SUCH SURVEYS AND BIOMON-
ITORING ACTIVITIES TO OTHER HEALTH AND ENVIRONMENTAL DATABASES, SUCH AS
BIRTH CERTIFICATES, NEONATAL BLOOD TESTS, RECORDS OF HOSPITAL ADMIS-
SIONS, RECORDS OF EMERGENCY ROOM VISITS AND MORTALITY DATA.
3. ON OR BEFORE SEPTEMBER FIRST, TWO THOUSAND NINE, THE DEPARTMENT, IN
CONSULTATION WITH THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, THE
DEPARTMENT OF LABOR, AND THE STATE UNIVERSITY OF NEW YORK SCHOOLS OF
PUBLIC HEALTH AT ALBANY AND BUFFALO, SHALL CREATE A WORKING GROUP OF
TECHNICAL EXPERTS IN PUBLIC HEALTH, EPIDEMIOLOGY, BIOSTATISTICS, ENVI-
RONMENTAL MEDICINE, RISK ANALYSIS, EXPOSURE ASSESSMENT, DEVELOPMENTAL
BIOLOGY, LABORATORY SCIENCES, BIOETHICS, AND TOXICOLOGY, INCLUDING
EXPERTS WHO HAVE KNOWLEDGE OF THE SENSITIVITY AND EXPOSURE OF CHILDREN,
WOMEN OF CHILD-BEARING AGE, SENIORS AND DISPARATELY AFFECTED POPULATIONS
TO ENVIRONMENTAL HAZARDS, TO DO ALL THE FOLLOWING:
A. DEVELOP POSSIBLE APPROACHES TO IMPLEMENTING THE ENVIRONMENTAL
HEALTH TRACKING SYSTEM, INCLUDING AN ESTIMATED COST AND POTENTIAL FUND-
ING ALTERNATIVES FOR EACH APPROACH;
B. ON OR BEFORE SEPTEMBER FIRST, TWO THOUSAND TWELVE, PREPARE AND
SUBMIT A REPORT TO THE DEPARTMENT, THE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION, THE DEPARTMENT OF LABOR, THE STATE UNIVERSITY OF NEW YORK
SCHOOLS OF PUBLIC HEALTH AT ALBANY AND BUFFALO, THE TEMPORARY PRESIDENT
OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE CHAIRPERSONS OF THE
SENATE AND ASSEMBLY ENVIRONMENTAL CONSERVATION COMMITTEES, THE CHAIR-
PERSONS OF THE SENATE FINANCE AND ASSEMBLY WAYS AND MEANS COMMITTEES,
AND THE CHAIRPERSONS OF THE SENATE AND ASSEMBLY HEALTH COMMITTEES ON THE
POSSIBLE APPROACHES TO IMPLEMENTING AN ENVIRONMENTAL HEALTH TRACKING
SYSTEM FOR THE STATE; AND
C. DETERMINE THE HEALTH AND ENVIRONMENTAL CRITERIA NEEDED TO EXAMINE
THE RELATIONSHIP BETWEEN CHRONIC DISEASES, INCLUDING BIRTH DEFECTS, AND
THE ENVIRONMENT.
4. THE DEPARTMENT AND THE STATE UNIVERSITY OF NEW YORK SCHOOLS OF
PUBLIC HEALTH AT ALBANY AND BUFFALO AND THEIR CONSULTANTS ARE DIRECTED
TO COOPERATE IN CREATING THE WORKING GROUP PURSUANT TO SUBDIVISION THREE
OF THIS SECTION.
5. ON OR BEFORE JANUARY FIRST, TWO THOUSAND ELEVEN, THE DEPARTMENT
SHALL ADOPT AND IMPLEMENT THE APPROACH RECOMMENDED BY THE WORKING GROUP
THAT IT DETERMINES MOST CLOSELY MEETS THE FINDINGS AND REQUIREMENTS OF
SUBDIVISION ONE OF THIS SECTION, AFTER OPPORTUNITY FOR INDEPENDENT,
SCIENTIFIC PEER REVIEW AND PUBLIC COMMENT.
6. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO SUPERSEDE ANY CONFI-
DENTIALITY PROVISIONS OF ANY LAW.
S 2. The environmental conservation law is amended by adding a new
section 3-0319 to read as follows:
S 3-0319. ENVIRONMENTAL HEALTH TRACKING SYSTEM.
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THE DEPARTMENT SHALL COOPERATE WITH STATE AGENCIES, UNIVERSITIES, AND
THEIR CONSULTANTS TO PROVIDE ALL INFORMATION AND OTHER RELEVANT AND
NECESSARY EXPERTISE TO MEET THE REQUIREMENTS OF SECTION EIGHT HUNDRED
FOUR OF THE PUBLIC HEALTH LAW.
S 3. The labor law is amended by adding a new section 888 to read as
follows:
S 888. ENVIRONMENTAL HEALTH TRACKING SYSTEM. THE BOARD SHALL COOPERATE
WITH STATE AGENCIES, UNIVERSITIES, AND THEIR CONSULTANTS TO PROVIDE ALL
INFORMATION AND OTHER RELEVANT AND NECESSARY EXPERTISE TO MEET THE
REQUIREMENTS OF SECTION EIGHT HUNDRED FOUR OF THE PUBLIC HEALTH LAW.
S 4. The education law is amended by adding a new section 355-d to
read as follows:
S 355-D. STATE UNIVERSITY OF NEW YORK SCHOOLS OF PUBLIC HEALTH AT
ALBANY AND BUFFALO AND THEIR CONSULTANTS TO PARTICIPATE IN THE CREATION
OF THE ENVIRONMENTAL HEALTH TRACKING SYSTEM WORKING GROUP. THE STATE
UNIVERSITY OF NEW YORK SCHOOLS OF PUBLIC HEALTH AT ALBANY AND BUFFALO
AND THEIR CONSULTANTS SHALL PARTICIPATE IN THE CREATION OF THE ENVIRON-
MENTAL HEALTH TRACKING SYSTEM WORKING GROUP PURSUANT TO SECTION EIGHT
HUNDRED FOUR OF THE PUBLIC HEALTH LAW.
S 5. This act shall take effect immediately.