S T A T E   O F   N E W   Y O R K
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                                 5298--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

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

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;
  (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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02236-03-9
              

S. 5298--A                          2

  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
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

S. 5298--A                          3

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.
  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. 5298--A                          4

  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.