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 Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-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

2023-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.

2023-S528 (ACTIVE) - Sponsor Memo

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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