S T A T E   O F   N E W   Y O R K
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                                   8484
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 16, 2025
                                ___________
 
 Introduced  by M. of A. STERN -- read once and referred to the Committee
   on Veterans' Affairs
 
 AN ACT to amend the veterans' services law, in relation to  establishing
   a hazardous substance exposure registry
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The veterans' services law  is  amended  by  adding  a  new
 section 29-e to read as follows:
   §  29-E.  HAZARDOUS  SUBSTANCE EXPOSURE REGISTRY.  1. THE COMMISSIONER
 SHALL ON A CONTINUOUS BASIS, AND IN CONSULTATION WITH  THE  COMMISSIONER
 OF HEALTH, THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION, AND THE ADJU-
 TANT GENERAL:
   (A)  IDENTIFY  ALL  CURRENT  OR  FORMER MILITARY INSTALLATIONS LOCATED
 WITHIN THE STATE WHERE SERVICE MEMBERS, VETERANS, OR THEIR FAMILIES, ARE
 KNOWN OR MORE LIKELY THAN NOT TO HAVE BEEN AT  RISK  OF  EXPOSURE  TO  A
 HAZARDOUS  SUBSTANCE  IDENTIFIED  IN  PARAGRAPH (B) OF THIS SUBDIVISION.
 SUCH MILITARY INSTALLATIONS SHALL AT A MINIMUM INCLUDE ANY SUCH  INSTAL-
 LATION REGISTERED AS AN INACTIVE HAZARDOUS WASTE DISPOSAL SITE OR BROWN-
 FIELD  CLEANUP  SITE UNDER TITLES THIRTEEN AND FOURTEEN OF ARTICLE TWEN-
 TY-SEVEN  OF  THE  ENVIRONMENTAL  CONSERVATION   LAW   RESPECTIVELY   OR
 REGISTERED  UNDER  THE  FEDERAL  COMPREHENSIVE  ENVIRONMENTAL  RESPONSE,
 COMPENSATION, AND LIABILITY ACT (42 U.S.C. § 21 9601 ET SEQ.); AND
   (B) IDENTIFY HAZARDOUS SUBSTANCES AT SUCH MILITARY INSTALLATIONS, WITH
 CONSIDERATION GIVEN TO SUBSTANCES  HAZARDOUS  OR  ACUTELY  HAZARDOUS  TO
 PUBLIC  HEALTH,  SAFETY OR THE ENVIRONMENT AS DEFINED IN SECTION 37-0103
 OF THE ENVIRONMENTAL CONSERVATION LAW, AND ANY MEDICAL  CONDITIONS  THAT
 MAY BE ASSOCIATED WITH EXPOSURE TO THEM.
   2.  THE  COMMISSIONER  SHALL  ESTABLISH A REGISTRY OF SELF-IDENTIFYING
 SERVICE MEMBERS, VETERANS AND FAMILY MEMBERS OF SUCH INDIVIDUALS WHO MAY
 HAVE EXPERIENCED EXPOSURE TO A HAZARDOUS SUBSTANCE AT A MILITARY INSTAL-
 LATION IDENTIFIED IN SUBDIVISION ONE OF THIS SECTION THAT SHALL INCLUDE:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13116-02-5
              

 A. 8484                             2
 
   (A) THE PERSON'S NAME, ADDRESS, ELECTRONIC  MAIL  ADDRESS,  AND  PHONE
 NUMBER;
   (B)  THE  LOCATION  OF  THE  MILITARY INSTALLATION AND TIME PERIOD THE
 PERSON SERVED, WORKED, OR LIVED AT SUCH INSTALLATION;
   (C) ANY MEDICAL CONDITION OR DEATH OF A  SERVICE  MEMBER,  VETERAN  OR
 FAMILY  MEMBER  OF  SUCH INDIVIDUAL THAT MAY BE RELATED TO EXPOSURE TO A
 HAZARDOUS SUBSTANCE IDENTIFIED IN PARAGRAPH (B) OF  SUBDIVISION  ONE  OF
 THIS SECTION; AND
   (D) ANY OTHER INFORMATION DETERMINED RELEVANT BY THE COMMISSIONER.
   3.  THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF HEALTH,
 THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION, AND THE ADJUTANT  GENER-
 AL,  SHALL  ESTABLISH AND MAINTAIN A PUBLIC INFORMATION PROGRAM IN ORDER
 TO EDUCATE AND INFORM SERVICE  MEMBERS,  VETERANS,  AND  THEIR  FAMILIES
 REGARDING:
   (A)  PARTICIPATION IN THE REGISTRY ESTABLISHED PURSUANT TO SUBDIVISION
 TWO OF THIS SECTION;
   (B) PARTICIPATION IN THE HEALTH REGISTRIES MAINTAINED  BY  THE  UNITED
 STATES DEPARTMENT OF VETERANS AFFAIRS, INCLUDING THE:
   (I) AGENT ORANGE REGISTRY;
   (II) AIRBORNE HAZARDS AND OPEN BURN PIT REGISTRY;
   (III) GULF WAR REGISTRY;
   (IV) IONIZING RADIATION REGISTRY;
   (V) DEPLETED URANIUM FOLLOW-UP PROGRAM; AND
   (VI) TOXIC EMBEDDED FRAGMENT SURVEILLANCE CENTER;
   (C)  INFORMATION  REGARDING  PRESUMPTIVE CONDITIONS OR DISEASES DETER-
 MINED TO BE ASSOCIATED WITH TOXIC EXPOSURE BY THE UNITED STATES  DEPART-
 MENT OF VETERANS AFFAIRS;
   (D)  THE  MOST RECENT SCIENTIFIC DEVELOPMENTS ON THE HEALTH EFFECTS OF
 EXPOSURES TO HAZARDOUS SUBSTANCES IDENTIFIED IN PARAGRAPH (B) OF  SUBDI-
 VISION  ONE  OF  THIS  SECTION, AND TOXIC EXPOSURE INCLUDING EXPOSURE TO
 OPEN BURN PIT SMOKE OR OTHER AIRBORNE HAZARDS;
   (E) THE PROCESS FOR APPLYING TO THE UNITED STATES DEPARTMENT OF VETER-
 ANS AFFAIRS FOR SERVICE-CONNECTED DISABILITY COMPENSATION FOR AN ILLNESS
 OR CONDITION THAT MAY BE RELATED TO AN EXPOSURE TO A HAZARDOUS SUBSTANCE
 IDENTIFIED IN PARAGRAPH (B) OF SUBDIVISION ONE OF THIS SECTION OR  TOXIC
 EXPOSURE,  INCLUDING  THE  METHODS FOR DOCUMENTING THE ILLNESS OR CONDI-
 TION; AND
   (F) APPEALING AN EXISTING DISABILITY RATING DECISION OR REQUESTING  AN
 UPGRADE IN DISABILITY RATING FROM THE UNITED STATES DEPARTMENT OF VETER-
 ANS AFFAIRS.
   4.  THE  COMMISSIONER  SHALL  MAKE  THE  AGGREGATE DATA COMPLIED UNDER
 SUBDIVISION TWO OF THIS SECTION PUBLICLY AVAILABLE ON  THE  DEPARTMENT'S
 WEBSITE AND SUBJECT TO APPROPRIATIONS, THE COMMISSIONER SHALL PREPARE OR
 CAUSE TO BE PREPARED A STUDY CONTAINING:
   (A) AN ANALYSIS OF SUCH AGGREGATE DATA;
   (B) A DESCRIPTION OF THE TYPES AND INCIDENCES OF MEDICAL CONDITIONS OR
 DEATHS REPORTED UNDER SUBDIVISION TWO OF THIS SECTION;
   (C)  ANY  EXPLANATIONS FOR THE INCIDENCE OF MEDICAL CONDITIONS AND ANY
 OTHER REASONABLE EXPLANATIONS FOR THE INCIDENCE OF SUCH CONDITIONS; AND
   (D) ANY  OTHER  INFORMATION  OR  OPINIONS  REGARDING  ANY  ASSOCIATION
 BETWEEN SUCH CONDITIONS AND EXPOSURES TO HAZARDOUS SUBSTANCES IDENTIFIED
 IN PARAGRAPH (B) OF SUBDIVISION ONE OF THIS SECTION THAT THE COMMISSION-
 ER MAY DETERMINE TO BE RELEVANT.
   5. THE COMMISSIONER SHALL USE THE INFORMATION COLLECTED UNDER SUBDIVI-
 SIONS ONE AND TWO OF THIS SECTION, AND IF APPLICABLE, THE STUDY PREPARED
 UNDER SUBDIVISION FOUR OF THIS SECTION TO:
 A. 8484                             3
 
   (A)  NOTIFY,  TO THE EXTENT PRACTICABLE, ANY AFFECTED SERVICE MEMBERS,
 VETERANS, AND FAMILY MEMBERS OF SUCH INDIVIDUALS OF THE  RISK  OF  EXPO-
 SURES TO HAZARDOUS SUBSTANCES IDENTIFIED IN PARAGRAPH (B) OF SUBDIVISION
 ONE OF THIS SECTION AT A MILITARY INSTALLATION IDENTIFIED UNDER SUBDIVI-
 SION ONE OF THIS SECTION; AND
   (B)  ADVOCATE  WHEN  NECESSARY,  AT  THE  FEDERAL  LEVEL FOR VETERANS,
 SERVICE MEMBERS AND  THEIR  FAMILIES  WHO  HAVE  SUFFERED  EXPOSURES  TO
 HAZARDOUS  SUBSTANCES  IDENTIFIED IN PARAGRAPH (B) OF SUBDIVISION ONE OF
 THIS SECTION INCLUDING, IF  APPROPRIATE,  SEEKING  RECOGNITION  FOR  NEW
 PRESUMPTIONS  OF EXPOSURE TO HAZARDOUS SUBSTANCES AND SERVICE CONNECTION
 FOR DISABILITIES RELATED TO SUCH EXPOSURES.
   6. THE INFORMATION PROVIDED TO THE DEPARTMENT PURSUANT TO  SUBDIVISION
 TWO OF THIS SECTION SHALL BE PROTECTED AS PERSONAL CONFIDENTIAL INFORMA-
 TION  UNDER  ARTICLE SIX-A OF THE PUBLIC OFFICERS LAW AGAINST DISCLOSURE
 OF CONFIDENTIAL MATERIAL AND BE USED ONLY FOR THE PURPOSES DESCRIBED  IN
 THIS SECTION. ANY PUBLICATION OF THE STUDY DESCRIBED IN SUBDIVISION FOUR
 OF  THIS SECTION SHALL NOT INCLUDE PERSONALLY IDENTIFYING INFORMATION OF
 REGISTRY PARTICIPANTS.
   7. AS USED IN THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE  FOLLOW-
 ING MEANINGS:
   (A)  "MILITARY  INSTALLATION" MEANS A BASE, CAMP, POST, STATION, YARD,
 CENTER, HOMEPORT FACILITY FOR ANY SHIP,  OR  OTHER  ACTIVITY  UNDER  THE
 JURISDICTION  OF  THE  UNITED STATES DEPARTMENT OF DEFENSE OR THE UNITED
 STATES DEPARTMENT OF HOMELAND SECURITY WITH RESPECT TO INSTALLATIONS  OF
 THE  UNITED  STATES  COAST  GUARD, OR THE DIVISION OF MILITARY AND NAVAL
 AFFAIRS INCLUDING ANY LEASED FACILITY;
   (B) "TOXIC EXPOSURE" SHALL HAVE THE  SAME  MEANING  AS  SUCH  TERM  IS
 DEFINED IN SECTION 101 OF TITLE 38 OF THE UNITED STATES CODE;
   (C)  "SERVICE  MEMBER"  MEANS A PERSON WHO IS CURRENTLY SERVING IN THE
 UNIFORMED SERVICES OF THE UNITED STATES OR IN A "FORCE OF THE  ORGANIZED
 MILITIA" AS SUCH TERM IS DEFINED IN SECTION ONE OF THE MILITARY LAW; AND
   (D)  "VETERAN"  SHALL  MEAN  A PERSON WHO SERVED ON ACTIVE DUTY IN THE
 UNIFORMED SERVICES, OR A PERSON WHO SERVED IN A "FORCE OF THE  ORGANIZED
 MILITIA"  AS  SUCH  TERM  IS DEFINED IN SECTION ONE OF THE MILITARY LAW,
 REGARDLESS OF DISCHARGE STATUS.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.