Assembly Actions -
Senate Actions - UPPERCASE
|Jan 04, 2023||
referred to environmental conservation
Senate Bill S528
2023-2024 Legislative Session
Current Bill Status - In Senate Committee Environmental Conservation Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2023-S528 (ACTIVE) - Details
2023-S528 (ACTIVE) - Sponsor Memo
BILL NUMBER: S528 SPONSOR: THOMAS TITLE OF BILL: An act to amend the environmental conservation law and the civil prac- tice law and rules, in relation to establishing a cause of action for medical monitoring PURPOSE OR GENERAL IDEA OF BILL: To create an independent cause of action for medical monitoring. SUMMARY OF PROVISIONS: Section one amends the environmental conservation law to create an inde- pendent cause of action for medical monitoring. The elements of a medical monitoring cause of action are: 1) the plaintiff's exposure to the toxic substance was due to unauthor- ized release of a toxic substance by the defendant;
2023-S528 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 528 2023-2024 Regular Sessions I N S E N A T E January 4, 2023 ___________ Introduced by Sens. THOMAS, MAY -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conser- vation AN ACT to amend the environmental conservation law and the civil prac- tice law and rules, in relation to establishing a cause of action for medical monitoring THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The environmental conservation law is amended by adding a new section 37-0116 to read as follows: § 37-0116. CAUSE OF ACTION FOR MEDICAL MONITORING. 1. FOR THE PURPOSE OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (A) "EXPOSURE" SHALL HAVE THE SAME MEANING SET FORTH IN SECTION TWO HUNDRED FOURTEEN-C OF THE CIVIL PRACTICE LAW AND RULES. (B) "TOXIC SUBSTANCE" SHALL MEAN: (I) ANY CHEMICAL OR BIOLOGICAL SUBSTANCE THAT POSES A RISK TO HUMAN HEALTH AS DEFINED BY THE COMMISSIONER PURSUANT TO SECTION 37-0103 OF THIS TITLE; (II) ANY SUBSTANCE CATEGORIZED AS TOXIC OR HAZARDOUS BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY OR THE UNITED STATES AGENCY FOR TOXIC SUBSTANCE AND DISEASE REGISTRY SHALL BE A HAZARDOUS OR TOXIC SUBSTANCE; AND (III) ANY SUBSTANCE NOT SO CHARACTERIZED MAY BE PROVEN TO BE TOXIC BY A PREPONDERANCE OF THE EVIDENCE. (C) "RELEASE" SHALL MEAN ANY INTENTIONAL OR UNINTENTIONAL, PERMITTED OR UNPERMITTED, ACT OR OMISSION THAT ALLOWS A TOXIC SUBSTANCE TO ENTER THE AIR, LAND, SURFACE WATER, GROUNDWATER, OR ANY OTHER PLACE WHERE THE TOXIC SUBSTANCE MAY BE LOCATED. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01858-01-3 S. 528 2
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