NY State Senate Bill 2017-S2400

Senate Bill S2400

2017-2018 Legislative Session

Provides that the MTA shall not use cleaning materials or chemicals which may cause asthma or trigger or exacerbate the symptoms of asthma

download bill text pdf

Archive: Last Bill Status - In Senate Committee Transportation 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to transportation
Jan 13, 2017	referred to transportation

2017-S2400 (ACTIVE) - Details

See Assembly Version of this Bill:: A3710
Current Committee:: Senate Transportation
Law Section:: Public Authorities Law
Laws Affected:: Add §1279-d, Pub Auth L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A3974
2011-2012: A4305
2013-2014: A2167
2015-2016: S5305, A1294
2019-2020: S2809, A3461
2021-2022: S5830
2023-2024: S4404
2025-2026: S4377

2017-S2400 (ACTIVE) - Summary

Provides that the MTA shall not use cleaning materials or chemicals which may cause asthma or trigger or exacerbate the symptoms of asthma.

2017-S2400 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2400

 TITLE OF BILL :  An act to amend the public authorities law, in
relation to prohibiting the metropolitan transportation authority from
using cleaning materials or chemicals which may cause or exacerbate
asthma

 PURPOSE :

This bill would prohibit the Metropolitan Transportation Authority
from using cleaning materials identified as asthma triggers. The
American Academy of Allergy, Asthma and Immunology, further indicates
that while a previous personal or family history of allergies will
make a person more likely to develop occupational asthma, many
individuals who have no such history still will develop this disease
if exposed to conditions that trigger it. One cause of occupational
asthma is known as Direct Irritant Effects. It is the intent of this
legislation to prevent the use of those cleaning materials and
chemicals which may cause persons employed by, or persons using the
facilities and equipment of, the metropolitan transportation authority
to develop asthma, or to have symptoms of asthma triggered or
exacerbated.

 JUSTIFICATION :

Occupational asthma has become the most prevalent work-related lung

disease in developed countries. According to the American Lung
Association, ammonia and chlorine are among cleaning solvents and
chemical irritants that have been proven asthma triggers. According to
the Federal Centers for Disease Control (CDC), asthma rates have gone
up 105 percent for females over the past 15 years, compared to about a
41 percent increase for males. Asthma hits the highest in low income
neighborhoods, with the largest minority population; these are the,
people who use public transportation the most.

Furthermore, the Agency for Toxic Substance and Disease Registry
(ATSDR) says that over the past decade, the prevalence of asthma in
both children and adults has increased in the United States. c

The American Academy of Allergy, Asthma and Immunology, further
indicates that while a previous personal or family history of
allergies will make a person more likely to develop occupational
asthma, many individuals who have no such history still will develop
this disease if exposed to conditions that trigger it.

One cause of occupational asthma is known as Direct Irritant Effects.
These are irritants that provoke occupational asthma and include
hydrochloric acid, sulfur dioxide or ammonia, which is found in the
petroleum or chemical industries. Workers exposed to these substances
will frequently begin wheezing and experiencing other asthma symptoms
immediately after exposure to the irritant substance. Workers who
already have asthma or some other respiratory disorder are
particularly affected by this type of exposure.

 LEGISLATIVE HISTORY :

2015-16: S.5305/A.1294 referred to Transportation.
2013-14 A.2167 Referred to Corporation, Authorities, & Commissions.
2011-12 A.4305 Referred to Corporation, Authorities, & Commissions.
2009-10 A.3974 Referred to Corporation, Authorities, & Commissions.
2007-08 A.4986/S.1247 Corporation, Authorities, &
Commissions/Transportation.

 FISCAL IMPLICATIONS :

None to the State.
 EFFECTIVE DATE :
This act shall take effect on the one hundred eightieth day after it
shall have become a law.

2017-S2400 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2400
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2017
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 AN ACT to amend the public authorities law, in relation  to  prohibiting
   the  metropolitan transportation authority from using cleaning materi-
   als or chemicals which may cause or exacerbate asthma

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.    Legislative  intent. Occupational asthma has become the
 most prevalent work-related lung disease in developed countries. Accord-
 ing to the American Lung Association, ammonia  and  chlorine  are  among
 cleaning  solvents  and  chemical irritants that have been proven asthma
 triggers.  According to the Federal Centers for Disease  Control  (CDC),
 asthma  rates  have  gone  up  105  percent for females over the past 15
 years, compared to about a 41 percent increase for  males.  Asthma  hits
 the  highest in low income neighborhoods with the largest minority popu-
 lation, these are the people who use public transportation the most.
   Furthermore, the Agency  for  Toxic  Substance  and  Disease  Registry
 (ATSDR) says that over the past decade, the prevalence of asthma in both
 children  and adults has increased in the United States. Workplace expo-
 sures have been linked to exacerbations of asthma.
   The American Academy of Allergy, Asthma and Immunology, further  indi-
 cates that while a previous personal or family history of allergies will
 make  a person more likely to develop occupational asthma, many individ-
 uals who have no such history still will develop this disease if exposed
 to conditions that trigger it.
   One cause of occupational asthma is known as Direct Irritant  Effects.
 These  are irritants that provoke occupational asthma and include hydro-
 chloric acid, sulfur dioxide or ammonia, which is found in the petroleum
 or  chemical  industries.  Workers  exposed  to  these  substances  will
 frequently  begin  wheezing and experiencing other asthma symptoms imme-
 diately after exposure to the irritant substance.  Workers  who  already
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00218-01-7

 S. 2400                             2
 
 have asthma or some other respiratory disorder are particularly affected
 by this type of exposure.
   It  is therefore, the intent and purpose of the legislature to prevent
 the use of those  cleaning  materials  and  chemicals  which  may  cause
 persons  employed  by, or persons using the facilities and equipment of,
 the metropolitan transportation authority to develop asthma, or to  have
 symptoms of asthma triggered or exacerbated.
   §  2.  The  public  authorities law is amended by adding a new section
 1279-d to read as follows:
   § 1279-D. PROHIBITED USE OF ASTHMA CAUSING  CHEMICALS.  1.    NOTWITH-
 STANDING  ANY  OTHER LAW, RULE OR REGULATION TO THE CONTRARY, THE METRO-
 POLITAN TRANSPORTATION AUTHORITY SHALL NOT USE FOR ANY PURPOSE,  INCLUD-
 ING  THE  CLEANING  AND  MAINTENANCE  OF  ITS  FACILITIES AND EQUIPMENT,
 CLEANING MATERIALS OR CHEMICALS EXPOSURE TO WHICH MAY CAUSE  PERSONS  TO
 DEVELOP  THE  DISEASE  OF ASTHMA, OR WHICH MAY EXACERBATE OR TRIGGER THE
 SYMPTOMS OF ASTHMA.
   2. A DETERMINATION OF WHICH CLEANING MATERIALS OR  CHEMICALS  EXPOSURE
 TO  WHICH  MAY  CAUSE PERSONS TO DEVELOP THE DISEASE OF ASTHMA, OR WHICH
 MAY EXACERBATE OR TRIGGER THE SYMPTOMS OF ASTHMA, SHALL BE MADE  BY  THE
 COMMISSIONER  OF  HEALTH OF THE STATE OF NEW YORK WHO SHALL PROMULGATE A
 LIST OF SUCH CLEANING MATERIALS OR CHEMICALS AND TRANSMIT  THE  LIST  TO
 THE CHAIRMAN OF THE METROPOLITAN TRANSPORTATION AUTHORITY FORTHWITH.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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