senate Bill S528

2023-2024 Legislative Session

Relates to establishing a cause of action for medical monitoring

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Environmental Conservation Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2023 referred to environmental conservation

Co-Sponsors

S528 (ACTIVE) - Details

Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Add §37-0116, En Con L; add §214-k, CPLR
Versions Introduced in Other Legislative Sessions:
2019-2020: S8145
2021-2022: S298

S528 (ACTIVE) - Summary

Establishes a cause of action for medical monitoring for a person with or without a present injury or disease; establishes a statute of limitation for such cause of action.

S528 (ACTIVE) - Sponsor Memo

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
 

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.