S T A T E O F N E W Y O R K
________________________________________________________________________
8484--A
2025-2026 Regular Sessions
I N A S S E M B L Y
May 16, 2025
___________
Introduced by M. of A. STERN, SCHIAVONI, GRIFFIN -- read once and
referred to the Committee on Veterans' Affairs -- reported and
referred to the Committee on Ways and Means -- recommitted to the
Committee on Ways and Means in accordance with Assembly Rule 3, sec. 2
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
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-f to read as follows:
§ 29-F. 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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13116-05-6
A. 8484--A 2
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:
(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 UPON DETERMINING THERE IS SUFFICIENT DATA, 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
A. 8484--A 3
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) 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.