S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4878
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 24, 2023
                                ___________
 
 Introduced  by  M.  of  A.  KELLES,  THIELE, HUNTER, BRAUNSTEIN, COLTON,
   LUPARDO, L. ROSENTHAL -- read once and referred to  the  Committee  on
   Health
 
 AN  ACT  to  amend the public health law, the environmental conservation
   law, the labor law and the education law, in relation to creating  the
   environmental health tracking system

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public health law is amended by adding  a  new  section
 804 to read as follows:
   § 804. ENVIRONMENTAL HEALTH TRACKING SYSTEM.  1. THE LEGISLATURE FINDS
 AND DECLARES ALL OF THE FOLLOWING:
   A.    THERE CURRENTLY EXIST SEVERAL HEALTH AND ENVIRONMENTAL DATABASES
 MAINTAINED BY THE STATE. HOWEVER, THERE IS  LITTLE  OR  NO  COORDINATION
 BETWEEN  THE  USE AND ANALYSIS OF THESE DATA AS THEY PERTAIN TO ENVIRON-
 MENTAL HEALTH ISSUES, OR ACCESSIBILITY OF THIS INFORMATION BY INTERESTED
 PARTIES AND RESEARCHERS.  IN ITS FIGHT AGAINST CHRONIC DISEASES, INCLUD-
 ING BIRTH DEFECTS, THAT ARE RELATED TO THE ENVIRONMENT, THE  STATE  MUST
 GIVE  COMMUNITIES AND PUBLIC HEALTH PROFESSIONALS SOLID, RELIABLE INFOR-
 MATION, WHICH IS THE  MOST  BASIC  TOOL  WITH  WHICH  TO  UNDERTAKE  THE
 PREVENTION OF THESE DISEASES.
   B.  ANALYSIS  OF  AVAILABLE  DATA  USED  TO  TRACK AND MONITOR CHRONIC
 DISEASES IS CRITICAL TO ALL OF THE FOLLOWING:
   (1) KNOWING WHERE AND HOW TO PUT IN PLACE THE MOST  EFFECTIVE  STRATE-
 GIES TO PREVENT DISEASES;
   (2)  ASSESSING THE CONTRIBUTION OF DISEASES TO DISABILITIES AND PREMA-
 TURE MORTALITY;
   (3) MEASURING THE EFFECTIVENESS OF PREVENTION STRATEGIES; AND
   (4) GENERATING HYPOTHESES THAT MAY LEAD TO  NEW  SCIENTIFIC  KNOWLEDGE
 ABOUT THE CAUSES OF, AND MOST EFFECTIVE WAYS TO FIGHT, CHRONIC DISEASES.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09659-01-3
 A. 4878                             2
              

 
   C.  STATE  GOVERNMENT AGENCIES, UNIVERSITIES AND THEIR CONSULTANTS ARE
 THE APPROPRIATE AND NECESSARY INSTITUTIONS TO EXAMINE  WHETHER  OR  NOT,
 AND,  IF  SO,  THE  EXTENT  TO WHICH, PAST ENVIRONMENTAL EXPOSURES MIGHT
 INCREASE THE RISK OF CHRONIC DISEASES, INCLUDING, BUT  NOT  LIMITED  TO,
 BIRTH  DEFECTS,  DIABETES,  HEART DISEASE, THYROID DISEASE, REPRODUCTIVE
 DISORDERS, CANCER, ASTHMA AND OTHER RESPIRATORY CONDITIONS,  PARKINSON'S
 DISEASE,  ALZHEIMER'S  DISEASE,  AND  OTHER  NEUROLOGICALLY DEGENERATIVE
 DISEASES.
   D. THE INITIAL INVESTMENT TO ESTABLISH THE ENVIRONMENTAL HEALTH TRACK-
 ING SYSTEM, INCLUDING AN ANALYSIS INFRASTRUCTURE TO  DEVELOP  PREVENTIVE
 STRATEGIES,  WOULD  CONSTITUTE  A  SMALL FRACTION OF THE ANNUAL COSTS OF
 CONTROLLING CHRONIC DISEASES IN THE STATE.
   E. IT IS THE INTENT OF THE LEGISLATURE IN CREATING  THE  ENVIRONMENTAL
 HEALTH TRACKING SYSTEM TO FORM A PUBLIC-PRIVATE PARTNERSHIP TO CREATE AN
 ENVIRONMENTAL HEALTH AND TRACKING SYSTEM TO DO ALL OF THE FOLLOWING:
   (1)  PROVIDE A CONTINUALLY UPDATED DATABASE, WITH LINKAGES TO BIOMONI-
 TORING INFORMATION, INFORMATION ABOUT EXPOSURES TO  OTHER  ENVIRONMENTAL
 AGENTS,  DISEASE  TYPE  DATA  AND  OTHER DATA COLLECTED PURSUANT TO THIS
 SECTION, AS WELL AS LINKAGES  TO  DATABASES  OF  THE  U.S.  CENTERS  FOR
 DISEASE  CONTROL  INCLUDING  THOSE  IN  ITS NATURAL ENVIRONMENTAL PUBLIC
 HEALTH TRACKING PROGRAM AND IN ITS BEHAVIORAL RISK FACTORS DATABASE,  IN
 ORDER  TO  ASSESS  THE  POTENTIAL  IMPACT  OF ENVIRONMENTAL CONTAMINANTS
 (DEFINED AS PHYSICAL, CHEMICAL OR BIOLOGICAL AGENTS) ON THE  HUMAN  BODY
 AND TO EVALUATE SUCH IN RELATION TO ESTABLISHED DISEASE RISK FACTORS;
   (2)  ON  AN  ONGOING  BASIS,  TRACK  AND EVALUATE A VARIETY OF CHRONIC
 DISEASES IN RELATION TO ENVIRONMENTAL EXPOSURES, INCLUDING STATE,  LOCAL
 AND INTERNATIONAL DATA ON ACTUAL INCIDENCES OF CHRONIC DISEASE;
   (3) MAKE SUCH DATA AVAILABLE TO THE PUBLIC IN AN ACCESSIBLE AND USEFUL
 FORMAT; AND
   (4)  ULTIMATELY  PROVIDE SUCH DATA TO THE RELEVANT BOARD, DIVISION, OR
 OFFICE WITHIN THE DEPARTMENT, THE DEPARTMENT OF ENVIRONMENTAL  CONSERVA-
 TION,  THE DEPARTMENT OF LABOR, THE WORKERS' COMPENSATION BOARD, AND THE
 STATE UNIVERSITY OF NEW YORK SCHOOLS OF  PUBLIC  HEALTH  AT  ALBANY  AND
 BUFFALO FOR THE DEVELOPMENT OF APPROPRIATE PREVENTIVE STRATEGIES.
   2.  A.  THE ENVIRONMENTAL HEALTH TRACKING SYSTEM IS HEREBY ESTABLISHED
 IN THE DEPARTMENT. THE PURPOSE OF SUCH SYSTEM SHALL BE TO MONITOR  ENVI-
 RONMENTAL  EXPOSURES  AND  CHRONIC  DISEASES AFFECTING NEW YORKERS.  THE
 STATE UNIVERSITY OF NEW YORK SCHOOLS OF  PUBLIC  HEALTH  AT  ALBANY  AND
 BUFFALO  ARE  DIRECTED  TO COOPERATE WITH THE DEPARTMENT IN ESTABLISHING
 THE ENVIRONMENTAL HEALTH TRACKING SYSTEM.
   B. THE OBJECTIVES OF THE ENVIRONMENTAL HEALTH TRACKING SYSTEM  ARE  AS
 FOLLOWS:
   (1) TO TRACK AND EVALUATE A VARIETY OF CHRONIC DISEASES IN RELATION TO
 ENVIRONMENTAL EXPOSURES;
   (2)  TO  ALLOW  BOTH  GOVERNMENT  AND  UNIVERSITY INVESTIGATORS, THEIR
 CONSULTANTS AND PUBLIC HEALTH OFFICIALS TO ASSESS THE IMPACT OF ENVIRON-
 MENTAL CONTAMINANTS ON THE HUMAN BODY; AND
   (3) TO PROVIDE INFORMATION TO THE DEPARTMENT AND TO THE DEPARTMENT  OF
 ENVIRONMENTAL CONSERVATION FOR THE DEVELOPMENT OF APPROPRIATE PREVENTIVE
 STRATEGIES.
   C. TO EXAMINE THE RELATIONSHIPS BETWEEN CHRONIC DISEASES AND THE ENVI-
 RONMENT,  USING,  TO  THE  MAXIMUM  EXTENT POSSIBLE, EXISTING HEALTH AND
 ENVIRONMENTAL DATA, THE COMMISSIONER, BASED UPON THE RECOMMENDATIONS  OF
 THE WORKING GROUP REQUIRED PURSUANT TO THIS SECTION, SHALL:
   (1)  ON  AN ONGOING BASIS, SURVEY A CROSS SECTION OF THE OVERALL POPU-
 LATION IN THE STATE, INCLUDING, TO THE EXTENT POSSIBLE, REGIONAL DATA TO
 A. 4878                             3
 
 ASSESS GEOGRAPHIC VARIATION, INCLUDING  CHRONICALLY  ILL  PATIENTS,  AND
 THEIR ENVIRONMENTAL EXPOSURES;
   (2) ON A CONTINUING AND PERIODIC BASIS, CONDUCT SCIENCE BASED BIOMONI-
 TORING,  USING  CDC VALIDATED, ANALYTICAL PROTOCOLS AND CDC'S GUIDELINES
 AND PRACTICES FOR ETHICAL TREATMENT OF AND COMMUNICATIONS OF INFORMATION
 TO PARTICIPANTS IN BIOMONITORING PROGRAMS, FOR A CROSS  SECTION  OF  THE
 POPULATION,  INCLUDING,  TO THE EXTENT POSSIBLE, REGIONAL DATA TO ASSESS
 GEOGRAPHIC VARIATION; AND
   (3) ON AN ONGOING BASIS, LINK DATA CREATED BY SUCH SURVEYS AND BIOMON-
 ITORING ACTIVITIES TO OTHER HEALTH AND ENVIRONMENTAL DATABASES, SUCH  AS
 BIRTH  CERTIFICATES,  NEONATAL  BLOOD  TESTS, RECORDS OF HOSPITAL ADMIS-
 SIONS, RECORDS OF EMERGENCY ROOM VISITS AND MORTALITY DATA.
   3. ON OR  BEFORE  SEPTEMBER  FIRST,  TWO  THOUSAND  TWENTY-THREE,  THE
 DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF ENVIRONMENTAL CONSER-
 VATION,  THE  DEPARTMENT  OF LABOR, AND THE STATE UNIVERSITY OF NEW YORK
 SCHOOLS OF PUBLIC HEALTH AT ALBANY AND BUFFALO, SHALL CREATE  A  WORKING
 GROUP  OF  TECHNICAL  EXPERTS IN PUBLIC HEALTH, EPIDEMIOLOGY, BIOSTATIS-
 TICS, ENVIRONMENTAL MEDICINE, RISK ANALYSIS, EXPOSURE ASSESSMENT, DEVEL-
 OPMENTAL  BIOLOGY,  LABORATORY  SCIENCES,  BIOETHICS,  AND   TOXICOLOGY,
 INCLUDING  EXPERTS WHO HAVE KNOWLEDGE OF THE SENSITIVITY AND EXPOSURE OF
 CHILDREN, WOMEN OF CHILD-BEARING AGE, SENIORS AND  DISPARATELY  AFFECTED
 POPULATIONS TO ENVIRONMENTAL HAZARDS, TO DO ALL THE FOLLOWING:
   A.  DEVELOP  POSSIBLE  APPROACHES  TO  IMPLEMENTING  THE ENVIRONMENTAL
 HEALTH TRACKING SYSTEM, INCLUDING AN ESTIMATED COST AND POTENTIAL  FUND-
 ING ALTERNATIVES FOR EACH APPROACH;
   B. ON OR BEFORE SEPTEMBER FIRST, TWO THOUSAND TWENTY-FIVE, PREPARE AND
 SUBMIT  A  REPORT  TO  THE  DEPARTMENT,  THE DEPARTMENT OF ENVIRONMENTAL
 CONSERVATION, THE DEPARTMENT OF LABOR, THE STATE UNIVERSITY OF NEW  YORK
 SCHOOLS  OF PUBLIC HEALTH AT ALBANY AND BUFFALO, THE TEMPORARY PRESIDENT
 OF THE SENATE, THE SPEAKER OF THE  ASSEMBLY,  THE  CHAIRPERSONS  OF  THE
 SENATE  AND  ASSEMBLY  ENVIRONMENTAL CONSERVATION COMMITTEES, THE CHAIR-
 PERSONS OF THE SENATE FINANCE AND ASSEMBLY WAYS  AND  MEANS  COMMITTEES,
 AND THE CHAIRPERSONS OF THE SENATE AND ASSEMBLY HEALTH COMMITTEES ON THE
 POSSIBLE  APPROACHES  TO  IMPLEMENTING  AN ENVIRONMENTAL HEALTH TRACKING
 SYSTEM FOR THE STATE; AND
   C. DETERMINE THE HEALTH AND ENVIRONMENTAL CRITERIA NEEDED  TO  EXAMINE
 THE  RELATIONSHIP BETWEEN CHRONIC DISEASES, INCLUDING BIRTH DEFECTS, AND
 THE ENVIRONMENT.
   4. THE DEPARTMENT AND THE STATE UNIVERSITY  OF  NEW  YORK  SCHOOLS  OF
 PUBLIC  HEALTH  AT ALBANY AND BUFFALO AND THEIR CONSULTANTS ARE DIRECTED
 TO COOPERATE IN CREATING THE WORKING GROUP PURSUANT TO SUBDIVISION THREE
 OF THIS SECTION.
   5. ON OR BEFORE JANUARY FIRST, TWO THOUSAND TWENTY-SIX, THE DEPARTMENT
 SHALL ADOPT AND IMPLEMENT THE APPROACH RECOMMENDED BY THE WORKING  GROUP
 THAT  IT  DETERMINES MOST CLOSELY MEETS THE FINDINGS AND REQUIREMENTS OF
 SUBDIVISION ONE OF THIS  SECTION,  AFTER  OPPORTUNITY  FOR  INDEPENDENT,
 SCIENTIFIC PEER REVIEW AND PUBLIC COMMENT.
   6.  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO SUPERSEDE ANY CONFI-
 DENTIALITY PROVISIONS OF ANY LAW.
   § 2. The environmental conservation law is amended  by  adding  a  new
 section 3-0320 to read as follows:
 § 3-0320. ENVIRONMENTAL HEALTH TRACKING SYSTEM.
   THE  DEPARTMENT SHALL COOPERATE WITH STATE AGENCIES, UNIVERSITIES, AND
 THEIR CONSULTANTS TO PROVIDE ALL  INFORMATION  AND  OTHER  RELEVANT  AND
 NECESSARY  EXPERTISE  TO  MEET THE REQUIREMENTS OF SECTION EIGHT HUNDRED
 FOUR OF THE PUBLIC HEALTH LAW.
 A. 4878                             4
 
   § 3. The labor law is amended by adding a new section 888 to  read  as
 follows:
   § 888. ENVIRONMENTAL HEALTH TRACKING SYSTEM. THE BOARD SHALL COOPERATE
 WITH  STATE AGENCIES, UNIVERSITIES, AND THEIR CONSULTANTS TO PROVIDE ALL
 INFORMATION AND OTHER RELEVANT  AND  NECESSARY  EXPERTISE  TO  MEET  THE
 REQUIREMENTS OF SECTION EIGHT HUNDRED FOUR OF THE PUBLIC HEALTH LAW.
   §  4.  The  education  law is amended by adding a new section 355-f to
 read as follows:
   § 355-F. STATE UNIVERSITY OF NEW YORK  SCHOOLS  OF  PUBLIC  HEALTH  AT
 ALBANY  AND BUFFALO AND THEIR CONSULTANTS TO PARTICIPATE IN THE CREATION
 OF THE ENVIRONMENTAL HEALTH TRACKING SYSTEM  WORKING  GROUP.  THE  STATE
 UNIVERSITY  OF  NEW  YORK SCHOOLS OF PUBLIC HEALTH AT ALBANY AND BUFFALO
 AND THEIR CONSULTANTS SHALL PARTICIPATE IN THE CREATION OF THE  ENVIRON-
 MENTAL  HEALTH  TRACKING  SYSTEM WORKING GROUP PURSUANT TO SECTION EIGHT
 HUNDRED FOUR OF THE PUBLIC HEALTH LAW.
   § 5. This act shall take effect immediately.