S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3788--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              April 1, 2009
                               ___________

Introduced  by  Sen.  LIBOUS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and recommitted to said committee

AN ACT to amend the environmental conservation law and the public health
  law,  in  relation  to  an environmental facility and cancer incidence
  map; to repeal certain provisions of such laws relating  thereto;  and
  providing for the repeal of such provisions upon expiration thereof

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 3-0317 of the  environmental  conservation  law  is
REPEALED and a new section 3-0317 is added to read as follows:
S 3-0317. CANCER INCIDENCE AND ENVIRONMENTAL FACILITY MAPS PROJECT.
  1. FOR PURPOSES OF THIS SECTION, "ENVIRONMENTAL FACILITY" SHALL MEAN A
FACILITY OR SITE WHICH IS:
  (A)  PERMITTED  AS  AN  INDUSTRIAL  OR  MUNICIPAL FACILITY PURSUANT TO
TITLES 7 OR 8 OF ARTICLE 17 OF THIS CHAPTER;
  (B)  REGISTERED PURSUANT TO TITLE 10 OF ARTICLE 17 OF THIS CHAPTER;
  (C) PERMITTED PURSUANT TO ARTICLE 19 OF THIS CHAPTER;
  (D) PERMITTED OR REGISTERED PURSUANT TO TITLE 7 OR 9 OF ARTICLE 27  OF
THIS CHAPTER;
  (E)  REQUIRED  TO  FILE  AN ANNUAL REPORT PURSUANT TO SUBDIVISION 6 OF
SECTION 27-0907 OF THIS CHAPTER;
  (F) REGULATED PURSUANT TO TITLE 13 OR 14 OF ARTICLE 27 OF  THIS  CHAP-
TER;
  (G)  REGULATED AS A VEHICLE DISMANTLER PURSUANT TO TITLE 23 OF ARTICLE
27 OF THIS CHAPTER;
  (H) PERMITTED PURSUANT TO ARTICLE 29 OF THIS CHAPTER;
  (I) A HOLDER OF A COMMERCIAL PERMIT PURSUANT  TO  SECTION  33-0901  OF
THIS CHAPTER;
  (J) REGISTERED PURSUANT TO ARTICLE 40 OF THIS CHAPTER;
  (K)  THE  SUBJECT  OF AN ENVIRONMENTAL RESTORATION PROJECT PURSUANT TO
TITLE 5 OF ARTICLE 56 OF THIS CHAPTER;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD00315-03-9

S. 3788--A                          2

  (L) SUBJECT TO CORRECTIVE ACTION PURSUANT TO SECTION 71-2727  OF  THIS
CHAPTER;
  (M) PARTICIPATING IN THE DEPARTMENT'S VOLUNTARY CLEANUP PROGRAM; OR
  (N)  LICENSED  PURSUANT TO ARTICLE 12 OF THE NAVIGATION LAW AS A MAJOR
OIL STORAGE FACILITY.
  2. THE DEPARTMENT SHALL, PURSUANT TO ESTABLISHED  SECURITY  PROTOCOLS,
PROVIDE  TO  THE  DEPARTMENT  OF HEALTH THE GPS COORDINATES, CATEGORY OF
LICENSE OR  PERMIT,  FACILITY  IDENTIFICATION  NUMBER,  AND  ADDRESS  ON
CURRENT  ENVIRONMENTAL  FACILITIES THAT ARE NECESSARY FOR THE DEPARTMENT
OF HEALTH TO DEVELOP AND MAINTAIN  CANCER  INCIDENCE  AND  ENVIRONMENTAL
FACILITY  MAPS REQUIRED PURSUANT TO SECTION TWENTY-FOUR HUNDRED ONE-B OF
THE PUBLIC HEALTH LAW, AND SHALL PROVIDE ANY TECHNICAL ASSISTANCE NECES-
SARY FOR THE DEVELOPMENT OF SUCH MAPS. THE DEPARTMENT,  IN  CONSULTATION
WITH THE DEPARTMENT OF HEALTH, SHALL UPDATE SUCH DATA PERIODICALLY.
  3.  THE  DEPARTMENT SHALL WORK WITH THE OFFICE OF HOMELAND SECURITY TO
ESTABLISH SECURITY PROTOCOLS REGARDING THE DISCLOSURE OF DATA ON CURRENT
ENVIRONMENTAL FACILITIES.
  S 2. Section 2401-b of the public health law is  REPEALED  and  a  new
section 2401-b is added to read as follows:
  S  2401-B.  CANCER  INCIDENCE AND ENVIRONMENTAL FACILITY MAPS. 1.  FOR
PURPOSES OF THIS SECTION, "ENVIRONMENTAL FACILITY" SHALL HAVE  THE  SAME
MEANING  AS PROVIDED IN SECTION 3-0317 OF THE ENVIRONMENTAL CONSERVATION
LAW.
  2. FOR PURPOSES OF THIS SECTION, "CANCER INCIDENCE  AND  ENVIRONMENTAL
FACILITY  MAPS  TECHNICAL  ADVISORY GROUP" OR "TECHNICAL ADVISORY GROUP"
SHALL MEAN THE ENVIRONMENTAL PUBLIC HEALTH  TRACKING  PROGRAM  TECHNICAL
ADVISORY  GROUP  REQUIRED BY A COOPERATIVE AGREEMENT BETWEEN THE DEPART-
MENT AND THE FEDERAL CENTERS FOR DISEASE CONTROL AND PREVENTION.
  3. THE TECHNICAL ADVISORY GROUP  SHALL  MAKE  RECOMMENDATIONS  TO  THE
DEPARTMENT  ON THE APPROPRIATE USE AND COMMUNICATION OF THE CANCER INCI-
DENCE  AND  ENVIRONMENTAL  FACILITY  MAPS.  SUCH  RECOMMENDATIONS  SHALL
CONSIDER  THE  SCIENTIFIC  STRENGTHS AND LIMITATIONS OF SUCH MAPPING AND
OVERLAY METHODOLOGIES FOR CANCER  TRACKING  AND  GEOSPATIAL  LINKING  TO
SIGNIFICANT DISEASE RISK FACTORS, AND THE APPROPRIATE MEANS FOR COMMUNI-
CATING SUCH STRENGTHS AND LIMITATION TO THE PUBLIC IN AN EASILY DISCERN-
IBLE  MANNER.  THE  DEPARTMENT SHALL CONSIDER THE RECOMMENDATIONS OF THE
TECHNICAL ADVISORY GROUP WHEN MAKING THE MAPS REQUIRED BY  THIS  SECTION
AVAILABLE TO THE PUBLIC.
  4.  THE  DEPARTMENT,  IN  CONSULTATION WITH THE DEPARTMENT OF ENVIRON-
MENTAL CONSERVATION AND THE TECHNICAL ADVISORY  GROUP,  SHALL  ESTABLISH
AND MAINTAIN A COMPUTER MAPPING SYSTEM FOR PLOTTING CANCER INCIDENCE AND
ENVIRONMENTAL FACILITIES THROUGHOUT THE STATE, INCLUDING BUT NOT LIMITED
TO  CANCER  CLUSTERS. SUCH MAPS SHALL OVERLAY LOCATIONS OF ENVIRONMENTAL
FACILITIES WITH CANCER INCIDENCES.
  5. CANCER INCIDENCE AND ENVIRONMENTAL FACILITY MAPS SHALL INCLUDE DATA
ON THE INCIDENCE OF THE FOLLOWING CANCER TYPES:
  (A) LUNG AND BRONCHUS;
  (B) FEMALE BREAST;
  (C) URINARY BLADDER (INCLUDING IN SITU);
  (D) BRAIN AND OTHER NERVOUS SYSTEM;
  (E) COLON AND RECTUM;
  (F) NON-HODGKIN LYMPHOMAS;
  (G) LEUKEMIAS;
  (H) THYROID;
  (I) LIVER/INTRAHEPATIC BILE DUCT;
  (J) KIDNEY AND RENAL PELVIS;

S. 3788--A                          3

  (K) PROSTATE;
  (L) ORAL CAVITY AND PHARYNX;
  (M) STOMACH;
  (N) ESOPHAGUS;
  (O) LARYNX;
  (P) PANCREAS;
  (Q) CORPUS UTERUS;
  (R) OVARY;
  (S) TESTIS;
  (T) MESOTHELIOMA;
  (U) BONE;
  (V) NASAL AND NASOPHARYNX; AND
  (W) SOFT TISSUE SARCOMAS.
  6.  PLOTTING  OF  DATA FOR CANCER INCIDENCE AND ENVIRONMENTAL FACILITY
MAPS SHALL BE BY CENSUS BLOCK, EXCEPT IN CASES WHERE SUCH PLOTTING COULD
DISCLOSE THE IDENTITY OF ANY PERSON TO WHOM THE DATA  RELATE,  IN  WHICH
CASE CENSUS BLOCKS SHALL BE AGGREGATED FOR PLOTTING TO PROTECT THE IDEN-
TITY  OF  SUCH PERSON. WHEN SUCH AGGREGATION IS REQUIRED, THE DEPARTMENT
SHALL UTILIZE THE MINIMUM NUMBER OF CENSUS BLOCKS PRACTICABLE TO PROTECT
THE IDENTITY OF SUCH PERSON.
  7. BY MARCH FIRST, TWO THOUSAND TEN THE DEPARTMENT SHALL  MAKE  AVAIL-
ABLE  TO  THE PUBLIC INFORMATION ON CANCER AS DESIGNATED BY THE ENVIRON-
MENTAL PUBLIC HEALTH TRACKING PROGRAM OF THE CENTERS FOR DISEASE CONTROL
AND PREVENTION, AND, IN CONSULTATION WITH  THE  DEPARTMENT  OF  ENVIRON-
MENTAL CONSERVATION, CURRENT DATA ON LOCATIONS AND TYPE OF ENVIRONMENTAL
FACILITIES.
  8.  BY  JUNE  THIRTIETH,  TWO  THOUSAND  TEN THE DEPARTMENT SHALL MAKE
AVAILABLE TO THE PUBLIC CANCER INCIDENCE AND ENVIRONMENTAL FACILITY MAPS
WHICH SHOW AVAILABLE INFORMATION ON THE LOCATION OF ENVIRONMENTAL FACIL-
ITIES AND THE TOTAL NUMBER OF REPORTED CANCERS BY CENSUS BLOCK AND ASSO-
CIATED DATA FOR EACH REPORTED CANCER TYPE LISTED IN SUBDIVISION FIVE  OF
THIS SECTION.
  9.  THE DEPARTMENT SHALL MAKE AVAILABLE TO THE PUBLIC CANCER INCIDENCE
AND ENVIRONMENTAL FACILITY MAPS IN THE MANNER DESCRIBED  IN  SUBDIVISION
FOUR  OF  THIS SECTION SHOWING CANCER CLUSTERS BY CANCER TYPES. PRIOR TO
PLOTTING SUCH DATA, THE DEPARTMENT SHALL USE AN APPROPRIATE  STATISTICAL
METHOD  TO  DETECT  STATISTICAL ANOMALIES FOR THE PURPOSE OF IDENTIFYING
CANCER CLUSTERS.
  (A) THE DEPARTMENT SHALL MAKE SUCH MAPS AVAILABLE AS FOLLOWS:
  (I) BY JUNE THIRTIETH, TWO THOUSAND  ELEVEN  CANCER  TYPES  LISTED  IN
PARAGRAPHS (A) THROUGH (E) OF SUBDIVISION FIVE OF THIS SECTION;
  (II) BY DECEMBER THIRTY-FIRST, TWO THOUSAND ELEVEN CANCER TYPES LISTED
IN PARAGRAPHS (F) THROUGH (O) OF SUBDIVISION FIVE OF THIS SECTION; AND
  (III)  BY  JUNE  THIRTIETH, TWO THOUSAND TWELVE CANCER TYPES LISTED IN
PARAGRAPHS (P) THROUGH (W) OF SUBDIVISION FIVE OF THIS SECTION.
  (B) THE DEPARTMENT, IN CONSULTATION WITH THE  DEPARTMENT  OF  ENVIRON-
MENTAL CONSERVATION, SHALL UPDATE THE MAPS PERIODICALLY.
  (C) THE DEPARTMENT SHALL POST THESE MAPS ON ITS PUBLIC WEBSITE AS SOON
AS  PRACTICABLE  FOLLOWING  THE DATES SET FORTH IN PARAGRAPH (A) OF THIS
SUBDIVISION.
  S 3. Paragraph (s) of subdivision 1 of section 206, subdivision  1  of
section  2401, and paragraph (i) of subdivision 1 of section 2411 of the
public health law are REPEALED.
  S 4. This act shall take effect immediately and shall  expire  and  be
deemed repealed March 31, 2015.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3788--B

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              April 1, 2009
                               ___________

Introduced  by  Sen.  LIBOUS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and  recommitted  to  said  committee  --  committee  discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN ACT to amend the environmental conservation law and the public health
  law,  in  relation  to  an environmental facility and cancer incidence
  map; to repeal certain provisions of such laws  relating  thereto;  to
  repeal section 3 of chapter 638 of the laws of 2008 amending the envi-
  ronmental  conservation  law and the public health law relating to the
  environmental facility  and  cancer  incidence  map  relating  to  the
  collection  of  information for reported cases of cancer and providing
  for the repeal of such provisions upon expiration thereof

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  3-0317  of the environmental conservation law is
REPEALED and a new section 3-0317 is added to read as follows:
S 3-0317. CANCER INCIDENCE AND ENVIRONMENTAL FACILITY MAPS PROJECT.
  1. FOR PURPOSES OF THIS SECTION, "ENVIRONMENTAL FACILITY" SHALL MEAN A
FACILITY OR SITE WHICH IS:
  (A) PERMITTED AS AN  INDUSTRIAL  OR  MUNICIPAL  FACILITY  PURSUANT  TO
TITLES 7 OR 8 OF ARTICLE 17 OF THIS CHAPTER;
  (B)  REGISTERED PURSUANT TO TITLE 10 OF ARTICLE 17 OF THIS CHAPTER;
  (C) PERMITTED PURSUANT TO ARTICLE 19 OF THIS CHAPTER;
  (D)  PERMITTED OR REGISTERED PURSUANT TO TITLE 7 OR 9 OF ARTICLE 27 OF
THIS CHAPTER;
  (E) REQUIRED TO FILE AN ANNUAL REPORT PURSUANT  TO  SUBDIVISION  6  OF
SECTION 27-0907 OF THIS CHAPTER;
  (F)  REGULATED  PURSUANT TO TITLE 13 OR 14 OF ARTICLE 27 OF THIS CHAP-
TER;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00315-06-9
              

S. 3788--B                          2

  (G) REGULATED AS A VEHICLE DISMANTLER PURSUANT TO TITLE 23 OF  ARTICLE
27 OF THIS CHAPTER;
  (H) PERMITTED PURSUANT TO ARTICLE 29 OF THIS CHAPTER;
  (I)  A  HOLDER  OF  A COMMERCIAL PERMIT PURSUANT TO SECTION 33-0901 OF
THIS CHAPTER;
  (J) REGISTERED PURSUANT TO ARTICLE 40 OF THIS CHAPTER;
  (K) THE SUBJECT OF AN ENVIRONMENTAL RESTORATION  PROJECT  PURSUANT  TO
TITLE 5 OF ARTICLE 56 OF THIS CHAPTER;
  (L)  SUBJECT  TO CORRECTIVE ACTION PURSUANT TO SECTION 71-2727 OF THIS
CHAPTER;
  (M) PARTICIPATING IN THE DEPARTMENT'S VOLUNTARY CLEANUP PROGRAM; OR
  (N) LICENSED PURSUANT TO ARTICLE 12 OF THE NAVIGATION LAW AS  A  MAJOR
OIL STORAGE FACILITY.
  2.  THE  DEPARTMENT SHALL, PURSUANT TO ESTABLISHED SECURITY PROTOCOLS,
PROVIDE TO THE DEPARTMENT OF HEALTH THE  GPS  COORDINATES,  CATEGORY  OF
LICENSE  OR  PERMIT,  FACILITY  IDENTIFICATION  NUMBER,  AND  ADDRESS ON
CURRENT ENVIRONMENTAL FACILITIES THAT ARE NECESSARY FOR  THE  DEPARTMENT
OF  HEALTH  TO  DEVELOP  AND MAINTAIN CANCER INCIDENCE AND ENVIRONMENTAL
FACILITY MAPS REQUIRED PURSUANT TO SECTION TWENTY-FOUR HUNDRED ONE-B  OF
THE PUBLIC HEALTH LAW, AND SHALL PROVIDE ANY TECHNICAL ASSISTANCE NECES-
SARY  FOR  THE DEVELOPMENT OF SUCH MAPS. THE DEPARTMENT, IN CONSULTATION
WITH THE DEPARTMENT OF HEALTH, SHALL UPDATE SUCH DATA PERIODICALLY.
  3. THE DEPARTMENT SHALL WORK WITH THE OFFICE OF HOMELAND  SECURITY  TO
ESTABLISH SECURITY PROTOCOLS REGARDING THE DISCLOSURE OF DATA ON CURRENT
ENVIRONMENTAL FACILITIES.
  S  2.  Section  2401-b  of the public health law is REPEALED and a new
section 2401-b is added to read as follows:
  S 2401-B. CANCER INCIDENCE AND ENVIRONMENTAL FACILITY MAPS.  1.    FOR
PURPOSES  OF  THIS SECTION, "ENVIRONMENTAL FACILITY" SHALL HAVE THE SAME
MEANING AS PROVIDED IN SECTION 3-0317 OF THE ENVIRONMENTAL  CONSERVATION
LAW.
  2.  FOR  PURPOSES OF THIS SECTION, "CANCER INCIDENCE AND ENVIRONMENTAL
FACILITY MAPS TECHNICAL ADVISORY GROUP" OR  "TECHNICAL  ADVISORY  GROUP"
SHALL  MEAN  THE  ENVIRONMENTAL PUBLIC HEALTH TRACKING PROGRAM TECHNICAL
ADVISORY GROUP REQUIRED BY A COOPERATIVE AGREEMENT BETWEEN  THE  DEPART-
MENT AND THE FEDERAL CENTERS FOR DISEASE CONTROL AND PREVENTION.
  3.  THE  TECHNICAL  ADVISORY  GROUP  SHALL MAKE RECOMMENDATIONS TO THE
DEPARTMENT ON THE APPROPRIATE USE AND COMMUNICATION OF THE CANCER  INCI-
DENCE  AND  ENVIRONMENTAL  FACILITY  MAPS.  SUCH  RECOMMENDATIONS  SHALL
CONSIDER THE SCIENTIFIC STRENGTHS AND LIMITATIONS OF  SUCH  MAPPING  AND
OVERLAY  METHODOLOGIES  FOR  CANCER  TRACKING  AND GEOSPATIAL LINKING TO
SIGNIFICANT DISEASE RISK FACTORS, AND THE APPROPRIATE MEANS FOR COMMUNI-
CATING SUCH STRENGTHS AND LIMITATION TO THE PUBLIC IN AN EASILY DISCERN-
IBLE MANNER. THE DEPARTMENT SHALL CONSIDER THE  RECOMMENDATIONS  OF  THE
TECHNICAL  ADVISORY  GROUP WHEN MAKING THE MAPS REQUIRED BY THIS SECTION
AVAILABLE TO THE PUBLIC.
  4. THE DEPARTMENT, IN CONSULTATION WITH  THE  DEPARTMENT  OF  ENVIRON-
MENTAL  CONSERVATION  AND  THE TECHNICAL ADVISORY GROUP, SHALL ESTABLISH
AND MAINTAIN A COMPUTER MAPPING SYSTEM FOR PLOTTING CANCER INCIDENCE AND
ENVIRONMENTAL FACILITIES THROUGHOUT THE STATE, INCLUDING BUT NOT LIMITED
TO CANCER CLUSTERS. SUCH MAPS SHALL OVERLAY LOCATIONS  OF  ENVIRONMENTAL
FACILITIES WITH CANCER INCIDENCES.
  5. CANCER INCIDENCE AND ENVIRONMENTAL FACILITY MAPS SHALL INCLUDE DATA
ON THE INCIDENCE OF THE FOLLOWING CANCER TYPES:
  (A) LUNG AND BRONCHUS;
  (B) FEMALE BREAST;

S. 3788--B                          3

  (C) URINARY BLADDER (INCLUDING IN SITU);
  (D) BRAIN AND OTHER NERVOUS SYSTEM;
  (E) COLON AND RECTUM;
  (F) NON-HODGKIN LYMPHOMAS;
  (G) LEUKEMIAS;
  (H) THYROID;
  (I) LIVER/INTRAHEPATIC BILE DUCT;
  (J) KIDNEY AND RENAL PELVIS;
  (K) PROSTATE;
  (L) ORAL CAVITY AND PHARYNX;
  (M) STOMACH;
  (N) ESOPHAGUS;
  (O) LARYNX;
  (P) PANCREAS;
  (Q) CORPUS UTERUS;
  (R) OVARY;
  (S) TESTIS;
  (T) MESOTHELIOMA;
  (U) BONE;
  (V) NASAL AND NASOPHARYNX; AND
  (W) SOFT TISSUE SARCOMAS.
  6.  PLOTTING  OF  DATA FOR CANCER INCIDENCE AND ENVIRONMENTAL FACILITY
MAPS SHALL BE BY CENSUS BLOCK, EXCEPT IN CASES WHERE SUCH PLOTTING COULD
DISCLOSE THE IDENTITY OF ANY PERSON TO WHOM THE DATA  RELATE,  IN  WHICH
CASE CENSUS BLOCKS SHALL BE AGGREGATED FOR PLOTTING TO PROTECT THE IDEN-
TITY  OF  SUCH PERSON. WHEN SUCH AGGREGATION IS REQUIRED, THE DEPARTMENT
SHALL UTILIZE THE MINIMUM NUMBER OF CENSUS BLOCKS PRACTICABLE TO PROTECT
THE IDENTITY OF SUCH PERSON.
  7. BY MARCH FIRST, TWO THOUSAND TEN THE DEPARTMENT SHALL  MAKE  AVAIL-
ABLE  TO  THE PUBLIC INFORMATION ON CANCER AS DESIGNATED BY THE ENVIRON-
MENTAL PUBLIC HEALTH TRACKING PROGRAM OF THE CENTERS FOR DISEASE CONTROL
AND PREVENTION, AND, IN CONSULTATION WITH  THE  DEPARTMENT  OF  ENVIRON-
MENTAL CONSERVATION, CURRENT DATA ON LOCATIONS AND TYPE OF ENVIRONMENTAL
FACILITIES.
  8.  BY  JUNE  THIRTIETH,  TWO  THOUSAND  TEN THE DEPARTMENT SHALL MAKE
AVAILABLE TO THE PUBLIC CANCER INCIDENCE AND ENVIRONMENTAL FACILITY MAPS
WHICH SHOW AVAILABLE INFORMATION ON THE LOCATION OF ENVIRONMENTAL FACIL-
ITIES AND THE TOTAL NUMBER OF REPORTED CANCERS BY CENSUS BLOCK AND ASSO-
CIATED DATA FOR EACH REPORTED CANCER TYPE LISTED IN SUBDIVISION FIVE  OF
THIS SECTION.
  9.  THE DEPARTMENT SHALL MAKE AVAILABLE TO THE PUBLIC CANCER INCIDENCE
AND ENVIRONMENTAL FACILITY MAPS IN THE MANNER DESCRIBED  IN  SUBDIVISION
FOUR  OF  THIS SECTION SHOWING CANCER CLUSTERS BY CANCER TYPES. PRIOR TO
PLOTTING SUCH DATA, THE DEPARTMENT SHALL USE AN APPROPRIATE  STATISTICAL
METHOD  TO  DETECT  STATISTICAL ANOMALIES FOR THE PURPOSE OF IDENTIFYING
CANCER CLUSTERS.
  (A) THE DEPARTMENT SHALL MAKE SUCH MAPS AVAILABLE AS FOLLOWS:
  (I) BY JUNE THIRTIETH, TWO THOUSAND  ELEVEN  CANCER  TYPES  LISTED  IN
PARAGRAPHS (A) THROUGH (E) OF SUBDIVISION FIVE OF THIS SECTION;
  (II) BY DECEMBER THIRTY-FIRST, TWO THOUSAND ELEVEN CANCER TYPES LISTED
IN PARAGRAPHS (F) THROUGH (O) OF SUBDIVISION FIVE OF THIS SECTION; AND
  (III)  BY  JUNE  THIRTIETH, TWO THOUSAND TWELVE CANCER TYPES LISTED IN
PARAGRAPHS (P) THROUGH (W) OF SUBDIVISION FIVE OF THIS SECTION.
  (B) THE DEPARTMENT, IN CONSULTATION WITH THE  DEPARTMENT  OF  ENVIRON-
MENTAL CONSERVATION, SHALL UPDATE THE MAPS PERIODICALLY.

S. 3788--B                          4

  (C) THE DEPARTMENT SHALL POST THESE MAPS ON ITS PUBLIC WEBSITE AS SOON
AS  PRACTICABLE  FOLLOWING  THE DATES SET FORTH IN PARAGRAPH (A) OF THIS
SUBDIVISION.
  S  3.  Paragraph (s) of subdivision 1 of section 206 and paragraph (i)
of subdivision 1 of section 2411 of the public health law are REPEALED.
  S 4. Section 3 of chapter 638 of the laws of 2008 amending  the  envi-
ronmental  conservation  law  and  the public health law relating to the
environmental facility and cancer incidence map is REPEALED.
  S 5. This act shall take effect immediately and shall  expire  and  be
deemed repealed March 31, 2015.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3788--C

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              April 1, 2009
                               ___________

Introduced by Sens. LIBOUS, FOLEY -- read twice and ordered printed, and
  when printed to be committed to the Committee on Environmental Conser-
  vation  --  committee  discharged,  bill amended, ordered reprinted as
  amended and recommitted to said  committee  --  committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee -- recommitted to the Committee on  Environmental  Conserva-
  tion  in  accordance  with Senate Rule 6, sec. 8 -- reported favorably
  from said committee and committed  to  the  Committee  on  Finance  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the environmental conservation law and the public health
  law, in relation to an environmental  facility  and  cancer  incidence
  map;  to  repeal  certain provisions of such laws relating thereto; to
  repeal section 3 of chapter 638 of the laws of 2008 amending the envi-
  ronmental conservation law and the public health law relating  to  the
  environmental  facility  and  cancer  incidence  map  relating  to the
  collection of information for reported cases of cancer  and  providing
  for the repeal of such provisions upon expiration thereof

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 3-0317 of the  environmental  conservation  law  is
REPEALED and a new section 3-0317 is added to read as follows:
S 3-0317. CANCER INCIDENCE AND ENVIRONMENTAL FACILITY MAPS PROJECT.
  1. FOR PURPOSES OF THIS SECTION, "ENVIRONMENTAL FACILITY" SHALL MEAN A
FACILITY OR SITE WHICH IS:
  (A)  PERMITTED  AS  AN  INDUSTRIAL  OR  MUNICIPAL FACILITY PURSUANT TO
TITLES 7 OR 8 OF ARTICLE 17 OF THIS CHAPTER;
  (B)  REGISTERED PURSUANT TO TITLE 10 OF ARTICLE 17 OF THIS CHAPTER;
  (C) PERMITTED PURSUANT TO ARTICLE 19 OF THIS CHAPTER;
  (D) PERMITTED OR REGISTERED PURSUANT TO TITLE 7 OR 9 OF ARTICLE 27  OF
THIS CHAPTER;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00315-07-0
              

S. 3788--C                          2

  (E)  REQUIRED  TO  FILE  AN ANNUAL REPORT PURSUANT TO SUBDIVISION 6 OF
SECTION 27-0907 OF THIS CHAPTER;
  (F)  REGULATED  PURSUANT TO TITLE 13 OR 14 OF ARTICLE 27 OF THIS CHAP-
TER;
  (G) REGULATED AS A VEHICLE DISMANTLER PURSUANT TO TITLE 23 OF  ARTICLE
27 OF THIS CHAPTER;
  (H) PERMITTED PURSUANT TO ARTICLE 29 OF THIS CHAPTER;
  (I)  A  HOLDER  OF  A COMMERCIAL PERMIT PURSUANT TO SECTION 33-0901 OF
THIS CHAPTER;
  (J) REGISTERED PURSUANT TO ARTICLE 40 OF THIS CHAPTER;
  (K) THE SUBJECT OF AN ENVIRONMENTAL RESTORATION  PROJECT  PURSUANT  TO
TITLE 5 OF ARTICLE 56 OF THIS CHAPTER;
  (L)  SUBJECT  TO CORRECTIVE ACTION PURSUANT TO SECTION 71-2727 OF THIS
CHAPTER;
  (M) PARTICIPATING IN THE DEPARTMENT'S VOLUNTARY CLEANUP PROGRAM; OR
  (N) LICENSED PURSUANT TO ARTICLE 12 OF THE NAVIGATION LAW AS  A  MAJOR
OIL STORAGE FACILITY.
  2.  THE  DEPARTMENT SHALL, PURSUANT TO ESTABLISHED SECURITY PROTOCOLS,
PROVIDE TO THE DEPARTMENT OF HEALTH THE  GPS  COORDINATES,  CATEGORY  OF
LICENSE  OR  PERMIT,  FACILITY  IDENTIFICATION  NUMBER,  AND  ADDRESS ON
CURRENT ENVIRONMENTAL FACILITIES THAT ARE NECESSARY FOR  THE  DEPARTMENT
OF  HEALTH  TO  DEVELOP  AND MAINTAIN CANCER INCIDENCE AND ENVIRONMENTAL
FACILITY MAPS REQUIRED PURSUANT TO SECTION TWENTY-FOUR HUNDRED ONE-B  OF
THE PUBLIC HEALTH LAW, AND SHALL PROVIDE ANY TECHNICAL ASSISTANCE NECES-
SARY  FOR  THE DEVELOPMENT OF SUCH MAPS. THE DEPARTMENT, IN CONSULTATION
WITH THE DEPARTMENT OF HEALTH, SHALL UPDATE SUCH DATA PERIODICALLY.
  3. THE DEPARTMENT SHALL WORK WITH THE OFFICE OF HOMELAND  SECURITY  TO
ESTABLISH SECURITY PROTOCOLS REGARDING THE DISCLOSURE OF DATA ON CURRENT
ENVIRONMENTAL FACILITIES.
  S  2.  Section  2401-b  of the public health law is REPEALED and a new
section 2401-b is added to read as follows:
  S 2401-B. CANCER INCIDENCE AND ENVIRONMENTAL FACILITY MAPS.  1.    FOR
PURPOSES  OF  THIS SECTION, "ENVIRONMENTAL FACILITY" SHALL HAVE THE SAME
MEANING AS PROVIDED IN SECTION 3-0317 OF THE ENVIRONMENTAL  CONSERVATION
LAW.
  2.  FOR  PURPOSES OF THIS SECTION, "CANCER INCIDENCE AND ENVIRONMENTAL
FACILITY MAPS TECHNICAL ADVISORY GROUP" OR  "TECHNICAL  ADVISORY  GROUP"
SHALL  MEAN  THE  ENVIRONMENTAL PUBLIC HEALTH TRACKING PROGRAM TECHNICAL
ADVISORY GROUP REQUIRED BY A COOPERATIVE AGREEMENT BETWEEN  THE  DEPART-
MENT AND THE FEDERAL CENTERS FOR DISEASE CONTROL AND PREVENTION.
  3.  THE  TECHNICAL  ADVISORY  GROUP  SHALL MAKE RECOMMENDATIONS TO THE
DEPARTMENT ON THE APPROPRIATE USE AND COMMUNICATION OF THE CANCER  INCI-
DENCE  AND  ENVIRONMENTAL  FACILITY  MAPS.  SUCH  RECOMMENDATIONS  SHALL
CONSIDER THE SCIENTIFIC STRENGTHS AND LIMITATIONS OF  SUCH  MAPPING  AND
OVERLAY  METHODOLOGIES  FOR  CANCER  TRACKING  AND GEOSPATIAL LINKING TO
SIGNIFICANT DISEASE RISK FACTORS, AND THE APPROPRIATE MEANS FOR COMMUNI-
CATING SUCH STRENGTHS AND LIMITATION TO THE PUBLIC IN AN EASILY DISCERN-
IBLE MANNER. THE DEPARTMENT SHALL CONSIDER THE  RECOMMENDATIONS  OF  THE
TECHNICAL  ADVISORY  GROUP WHEN MAKING THE MAPS REQUIRED BY THIS SECTION
AVAILABLE TO THE PUBLIC.
  4. THE DEPARTMENT, IN CONSULTATION WITH  THE  DEPARTMENT  OF  ENVIRON-
MENTAL  CONSERVATION  AND  THE TECHNICAL ADVISORY GROUP, SHALL ESTABLISH
AND MAINTAIN A COMPUTER MAPPING SYSTEM FOR PLOTTING CANCER INCIDENCE AND
ENVIRONMENTAL FACILITIES THROUGHOUT THE STATE, INCLUDING BUT NOT LIMITED
TO CANCER CLUSTERS. SUCH MAPS SHALL OVERLAY LOCATIONS  OF  ENVIRONMENTAL
FACILITIES WITH CANCER INCIDENCES.

S. 3788--C                          3

  5. CANCER INCIDENCE AND ENVIRONMENTAL FACILITY MAPS SHALL INCLUDE DATA
ON THE INCIDENCE OF THE FOLLOWING CANCER TYPES:
  (A) LUNG AND BRONCHUS;
  (B) FEMALE BREAST;
  (C) URINARY BLADDER (INCLUDING IN SITU);
  (D) BRAIN AND OTHER NERVOUS SYSTEM;
  (E) COLON AND RECTUM;
  (F) NON-HODGKIN LYMPHOMAS;
  (G) LEUKEMIAS;
  (H) THYROID;
  (I) LIVER/INTRAHEPATIC BILE DUCT;
  (J) KIDNEY AND RENAL PELVIS;
  (K) PROSTATE;
  (L) ORAL CAVITY AND PHARYNX;
  (M) STOMACH;
  (N) ESOPHAGUS;
  (O) LARYNX;
  (P) PANCREAS;
  (Q) CORPUS UTERUS;
  (R) OVARY;
  (S) TESTIS;
  (T) MESOTHELIOMA;
  (U) BONE;
  (V) NASAL AND NASOPHARYNX; AND
  (W) SOFT TISSUE SARCOMAS.
  6.  PLOTTING  OF  DATA FOR CANCER INCIDENCE AND ENVIRONMENTAL FACILITY
MAPS SHALL BE BY CENSUS BLOCK, EXCEPT IN CASES WHERE SUCH PLOTTING COULD
DISCLOSE THE IDENTITY OF ANY PERSON TO WHOM THE DATA  RELATE,  IN  WHICH
CASE CENSUS BLOCKS SHALL BE AGGREGATED FOR PLOTTING TO PROTECT THE IDEN-
TITY  OF  SUCH PERSON. WHEN SUCH AGGREGATION IS REQUIRED, THE DEPARTMENT
SHALL UTILIZE THE MINIMUM NUMBER OF CENSUS BLOCKS PRACTICABLE TO PROTECT
THE IDENTITY OF SUCH PERSON.
  7. BY MARCH FIRST, TWO  THOUSAND  ELEVEN  THE  DEPARTMENT  SHALL  MAKE
AVAILABLE TO THE PUBLIC INFORMATION ON CANCER AS DESIGNATED BY THE ENVI-
RONMENTAL  PUBLIC  HEALTH  TRACKING  PROGRAM  OF THE CENTERS FOR DISEASE
CONTROL AND PREVENTION, AND, IN  CONSULTATION  WITH  THE  DEPARTMENT  OF
ENVIRONMENTAL  CONSERVATION, CURRENT DATA ON LOCATIONS AND TYPE OF ENVI-
RONMENTAL FACILITIES.
  8. BY JUNE THIRTIETH, TWO THOUSAND ELEVEN THE  DEPARTMENT  SHALL  MAKE
AVAILABLE TO THE PUBLIC CANCER INCIDENCE AND ENVIRONMENTAL FACILITY MAPS
WHICH SHOW AVAILABLE INFORMATION ON THE LOCATION OF ENVIRONMENTAL FACIL-
ITIES AND THE TOTAL NUMBER OF REPORTED CANCERS BY CENSUS BLOCK AND ASSO-
CIATED  DATA FOR EACH REPORTED CANCER TYPE LISTED IN SUBDIVISION FIVE OF
THIS SECTION.
  9. THE DEPARTMENT SHALL MAKE AVAILABLE TO THE PUBLIC CANCER  INCIDENCE
AND  ENVIRONMENTAL  FACILITY MAPS IN THE MANNER DESCRIBED IN SUBDIVISION
FOUR OF THIS SECTION SHOWING CANCER CLUSTERS BY CANCER TYPES.  PRIOR  TO
PLOTTING  SUCH DATA, THE DEPARTMENT SHALL USE AN APPROPRIATE STATISTICAL
METHOD TO DETECT STATISTICAL ANOMALIES FOR THE  PURPOSE  OF  IDENTIFYING
CANCER CLUSTERS.
  (A) THE DEPARTMENT SHALL MAKE SUCH MAPS AVAILABLE AS FOLLOWS:
  (I)  BY  JUNE  THIRTIETH,  TWO  THOUSAND TWELVE CANCER TYPES LISTED IN
PARAGRAPHS (A) THROUGH (E) OF SUBDIVISION FIVE OF THIS SECTION;
  (II) BY DECEMBER THIRTY-FIRST, TWO THOUSAND TWELVE CANCER TYPES LISTED
IN PARAGRAPHS (F) THROUGH (O) OF SUBDIVISION FIVE OF THIS SECTION; AND

S. 3788--C                          4

  (III) BY JUNE THIRTIETH, TWO THOUSAND THIRTEEN CANCER TYPES LISTED  IN
PARAGRAPHS (P) THROUGH (W) OF SUBDIVISION FIVE OF THIS SECTION.
  (B)  THE  DEPARTMENT,  IN CONSULTATION WITH THE DEPARTMENT OF ENVIRON-
MENTAL CONSERVATION, SHALL UPDATE THE MAPS PERIODICALLY.
  (C) THE DEPARTMENT SHALL POST THESE MAPS ON ITS PUBLIC WEBSITE AS SOON
AS PRACTICABLE FOLLOWING THE DATES SET FORTH IN PARAGRAPH  (A)  OF  THIS
SUBDIVISION.
  S  3.  Paragraph (s) of subdivision 1 of section 206 and paragraph (i)
of subdivision 1 of section 2411 of the public health law are REPEALED.
  S 4. Section 3 of chapter 638 of the laws of 2008 amending  the  envi-
ronmental  conservation  law  and  the public health law relating to the
environmental facility and cancer incidence map is REPEALED.
  S 5. This act shall take effect immediately and shall  expire  and  be
deemed repealed March 31, 2016.