S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5073
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 22, 2023
                                ___________
 
 Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
   printed to be committed 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.
   C. STATE GOVERNMENT AGENCIES, UNIVERSITIES AND THEIR  CONSULTANTS  ARE
 THE  APPROPRIATE  AND  NECESSARY INSTITUTIONS TO EXAMINE WHETHER OR NOT,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09659-01-3
              

 S. 5073                             2
 
 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
 ASSESS  GEOGRAPHIC  VARIATION,  INCLUDING  CHRONICALLY ILL PATIENTS, AND
 THEIR ENVIRONMENTAL EXPOSURES;
 S. 5073                             3
 
   (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.
   § 3. The labor law is amended by adding a new section 888 to  read  as
 follows:
 S. 5073                             4
 
   § 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.