S T A T E   O F   N E W   Y O R K
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                                  3974

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2009
                               ___________

Introduced  by  M. of A. CYMBROWITZ, PHEFFER -- Multi-Sponsored by -- M.
  of A. COLTON, ROBINSON -- read once and referred to the  Committee  on
  Corporations, Authorities and Commissions

AN  ACT  to amend the public authorities law, in relation to prohibiting
  the metropolitan transportation authority from using cleaning  materi-
  als or chemicals which may cause or exacerbate asthma

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

  Section 1.   Legislative intent. Occupational asthma  has  become  the
most prevalent work-related lung disease in developed countries. Accord-
ing  to  the  American  Lung Association, ammonia and chlorine are among
cleaning solvents and chemical irritants that have  been  proven  asthma
triggers.    According to the Federal Centers for Disease Control (CDC),
asthma rates have gone up 105 percent  for  females  over  the  past  15
years,  compared  to  about a 41 percent increase for males. Asthma hits
the highest in low income neighborhoods with the largest minority  popu-
lation, these are the people who use public transportation the most.
  Furthermore,  the  Agency  for  Toxic  Substance  and Disease Registry
(ATSDR) says that over the past decade, the prevalence of asthma in both
children and adults has increased in the United States. Workplace  expo-
sures have been linked to exacerbations of asthma.
  The  American Academy of Allergy, Asthma and Immunology, further indi-
cates that while a previous personal or family history of allergies will
make a person more likely to develop occupational asthma, many  individ-
uals who have no such history still will develop this disease if exposed
to conditions that trigger it.
  One  cause of occupational asthma is known as Direct Irritant Effects.
These are irritants that provoke occupational asthma and include  hydro-
chloric acid, sulfur dioxide or ammonia, which is found in the petroleum
or  chemical  industries.  Workers  exposed  to  these  substances  will
frequently begin wheezing and experiencing other asthma  symptoms  imme-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07449-01-9
              

A. 3974                             2

diately  after  exposure  to the irritant substance. Workers who already
have asthma or some other respiratory disorder are particularly affected
by this type of exposure.
  It  is therefore, the intent and purpose of the legislature to prevent
the use of those  cleaning  materials  and  chemicals  which  may  cause
persons  employed  by, or persons using the facilities and equipment of,
the metropolitan transportation authority to develop asthma, or to  have
symptoms of asthma triggered or exacerbated.
  S  2.  The  public  authorities law is amended by adding a new section
1279-c to read as follows:
  S 1279-C. PROHIBITED USE OF ASTHMA CAUSING  CHEMICALS.  1.    NOTWITH-
STANDING  ANY  OTHER LAW, RULE OR REGULATION TO THE CONTRARY, THE METRO-
POLITAN TRANSPORTATION AUTHORITY SHALL NOT USE FOR ANY PURPOSE,  INCLUD-
ING  THE  CLEANING  AND  MAINTENANCE  OF  ITS  FACILITIES AND EQUIPMENT,
CLEANING MATERIALS OR CHEMICALS EXPOSURE TO WHICH MAY CAUSE  PERSONS  TO
DEVELOP  THE  DISEASE  OF ASTHMA, OR WHICH MAY EXACERBATE OR TRIGGER THE
SYMPTOMS OF ASTHMA.
  2. A DETERMINATION OF WHICH CLEANING MATERIALS OR  CHEMICALS  EXPOSURE
TO  WHICH  MAY  CAUSE PERSONS TO DEVELOP THE DISEASE OF ASTHMA, OR WHICH
MAY EXACERBATE OR TRIGGER THE SYMPTOMS OF ASTHMA, SHALL BE MADE  BY  THE
COMMISSIONER  OF  HEALTH OF THE STATE OF NEW YORK WHO SHALL PROMULGATE A
LIST OF SUCH CLEANING MATERIALS OR CHEMICALS AND TRANSMIT  THE  LIST  TO
THE CHAIRMAN OF THE METROPOLITAN TRANSPORTATION AUTHORITY FORTHWITH.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.