Relates to cancer incidence and environmental facility maps project; requires the collection of information on the locations of environmental facilities and cases of cancer throughout the state.
Ayes (61): Adams, Addabbo, Alesi, Aubertine, Bonacic, Breslin, DeFrancisco, Diaz, Dilan, Duane, Espada, Farley, Flanagan, Foley, Fuschillo, Golden, Griffo, Hannon, Hassell-Thomps, Huntley, Johnson C, Johnson O, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Leibell, Libous, Little, Marcellino, Maziarz, McDonald, Montgomery, Nozzolio, Onorato, Oppenheimer, Padavan, Parker, Peralta, Perkins, Ranzenhofer, Robach, Saland, Sampson, Savino, Schneiderman, Serrano, Seward, Skelos, Smith, Squadron, Stachowski, Stavisky, Stewart-Cousins, Thompson, Valesky, Volker, Winner, Young
Excused (1): Morahan
TITLE OF BILL: An act to amend the environmental conservation law and the public health law, in relation to an environmental facility and cancer incidence map; to repeal certain provisions of such laws relating thereto; to repeal section 3 of chapter 638 of the laws of 2008 amending the environmental conservation law and the public health law relating to the environmental facility and cancer incidence map relating to the collection of information for reported cases of cancer and providing for the repeal of such provisions upon expiration thereof
PURPOSE: This bill would create a cancer mapping program in New York State.
EXISTING LAW: Prior to Chapter 638 of 2008 there was no law authorizing the Commissioner of Health and the Commissioner of Environmental conservation to set up a cancer incidence map in New York State.
SUMMARY OF PROVISIONS: Section 1. The Department of Environmental Conservation will provide the Department of Health the location of current environmental facilities that are necessary for the department of health to develop and maintain the cancer incidence maps.
Section 2. The Environmental Public Health Tracking Program Technical Advisory Group will consider the scientific strengths and limitations of mapping methodologies.
Section 3. The Department of Health and the Department of Environmental Conservation shall establish and maintain a computer mapping system for plotting cancer incidence and environmental facilities throughout the state, including cancer clusters. A very detailed list of cancers that have been linked to the environment are to be listed. The plotting for cancer incident data will be by census block, except in cases where the specific identity of an individual could be disclosed.
Section 4. Repeals sections of law that were created by Chapter 638 of 2008.
JUSTIFICATION: The growth of cancer clusters in New York State has became a great concern. At the present time we are unable to determine whether or not there are environmental, occupational, or social factors influencing the rate of cancer. This bill would require the collection of cases of cancer throughout the State. This information is collected to help physicians and health care professionals determine if there are any environmental, occupational or social factors that can lead to certain types of cancer.
PRIOR LEGISLATIVE HISTORY: New bill. Chapter Amendment for Chapter 638 of 2008.
FISCAL IMPLICATIONS: Undetermined.
EFFECTIVE DATE: This act shall take effect immediately and shall expire on March 31, 2016.
STATE OF NEW YORK ________________________________________________________________________ 3788--C 2009-2010 Regular Sessions IN SENATE April 1, 2009 ___________Introduced by Sens. LIBOUS, FOLEY -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conser- vation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Environmental Conserva- tion in accordance with Senate Rule 6, sec. 8 -- reported favorably from said committee and committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the environmental conservation law and the public health law, in relation to an environmental facility and cancer incidence map; to repeal certain provisions of such laws relating thereto; to repeal section 3 of chapter 638 of the laws of 2008 amending the envi- ronmental conservation law and the public health law relating to the environmental facility and cancer incidence map relating to the collection of information for reported cases of cancer and providing for the repeal of such provisions upon expiration thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 3-0317 of the environmental conservation law is REPEALED and a new section 3-0317 is added to read as follows: S 3-0317. CANCER INCIDENCE AND ENVIRONMENTAL FACILITY MAPS PROJECT. 1. FOR PURPOSES OF THIS SECTION, "ENVIRONMENTAL FACILITY" SHALL MEAN A FACILITY OR SITE WHICH IS: (A) PERMITTED AS AN INDUSTRIAL OR MUNICIPAL FACILITY PURSUANT TO TITLES 7 OR 8 OF ARTICLE 17 OF THIS CHAPTER; (B) REGISTERED PURSUANT TO TITLE 10 OF ARTICLE 17 OF THIS CHAPTER; (C) PERMITTED PURSUANT TO ARTICLE 19 OF THIS CHAPTER; (D) PERMITTED OR REGISTERED PURSUANT TO TITLE 7 OR 9 OF ARTICLE 27 OF THIS CHAPTER;EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00315-07-0 S. 3788--C 2
(E) REQUIRED TO FILE AN ANNUAL REPORT PURSUANT TO SUBDIVISION 6 OF SECTION 27-0907 OF THIS CHAPTER; (F) REGULATED PURSUANT TO TITLE 13 OR 14 OF ARTICLE 27 OF THIS CHAP- TER; (G) REGULATED AS A VEHICLE DISMANTLER PURSUANT TO TITLE 23 OF ARTICLE 27 OF THIS CHAPTER; (H) PERMITTED PURSUANT TO ARTICLE 29 OF THIS CHAPTER; (I) A HOLDER OF A COMMERCIAL PERMIT PURSUANT TO SECTION 33-0901 OF THIS CHAPTER; (J) REGISTERED PURSUANT TO ARTICLE 40 OF THIS CHAPTER; (K) THE SUBJECT OF AN ENVIRONMENTAL RESTORATION PROJECT PURSUANT TO TITLE 5 OF ARTICLE 56 OF THIS CHAPTER; (L) SUBJECT TO CORRECTIVE ACTION PURSUANT TO SECTION 71-2727 OF THIS CHAPTER; (M) PARTICIPATING IN THE DEPARTMENT'S VOLUNTARY CLEANUP PROGRAM; OR (N) LICENSED PURSUANT TO ARTICLE 12 OF THE NAVIGATION LAW AS A MAJOR OIL STORAGE FACILITY. 2. THE DEPARTMENT SHALL, PURSUANT TO ESTABLISHED SECURITY PROTOCOLS, PROVIDE TO THE DEPARTMENT OF HEALTH THE GPS COORDINATES, CATEGORY OF LICENSE OR PERMIT, FACILITY IDENTIFICATION NUMBER, AND ADDRESS ON CURRENT ENVIRONMENTAL FACILITIES THAT ARE NECESSARY FOR THE DEPARTMENT OF HEALTH TO DEVELOP AND MAINTAIN CANCER INCIDENCE AND ENVIRONMENTAL FACILITY MAPS REQUIRED PURSUANT TO SECTION TWENTY-FOUR HUNDRED ONE-B OF THE PUBLIC HEALTH LAW, AND SHALL PROVIDE ANY TECHNICAL ASSISTANCE NECES- SARY FOR THE DEVELOPMENT OF SUCH MAPS. THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, SHALL UPDATE SUCH DATA PERIODICALLY. 3. THE DEPARTMENT SHALL WORK WITH THE OFFICE OF HOMELAND SECURITY TO ESTABLISH SECURITY PROTOCOLS REGARDING THE DISCLOSURE OF DATA ON CURRENT ENVIRONMENTAL FACILITIES. S 2. Section 2401-b of the public health law is REPEALED and a new section 2401-b is added to read as follows: S 2401-B. CANCER INCIDENCE AND ENVIRONMENTAL FACILITY MAPS. 1. FOR PURPOSES OF THIS SECTION, "ENVIRONMENTAL FACILITY" SHALL HAVE THE SAME MEANING AS PROVIDED IN SECTION 3-0317 OF THE ENVIRONMENTAL CONSERVATION LAW. 2. FOR PURPOSES OF THIS SECTION, "CANCER INCIDENCE AND ENVIRONMENTAL FACILITY MAPS TECHNICAL ADVISORY GROUP" OR "TECHNICAL ADVISORY GROUP" SHALL MEAN THE ENVIRONMENTAL PUBLIC HEALTH TRACKING PROGRAM TECHNICAL ADVISORY GROUP REQUIRED BY A COOPERATIVE AGREEMENT BETWEEN THE DEPART- MENT AND THE FEDERAL CENTERS FOR DISEASE CONTROL AND PREVENTION. 3. THE TECHNICAL ADVISORY GROUP SHALL MAKE RECOMMENDATIONS TO THE DEPARTMENT ON THE APPROPRIATE USE AND COMMUNICATION OF THE CANCER INCI- DENCE AND ENVIRONMENTAL FACILITY MAPS. SUCH RECOMMENDATIONS SHALL CONSIDER THE SCIENTIFIC STRENGTHS AND LIMITATIONS OF SUCH MAPPING AND OVERLAY METHODOLOGIES FOR CANCER TRACKING AND GEOSPATIAL LINKING TO SIGNIFICANT DISEASE RISK FACTORS, AND THE APPROPRIATE MEANS FOR COMMUNI- CATING SUCH STRENGTHS AND LIMITATION TO THE PUBLIC IN AN EASILY DISCERN- IBLE MANNER. THE DEPARTMENT SHALL CONSIDER THE RECOMMENDATIONS OF THE TECHNICAL ADVISORY GROUP WHEN MAKING THE MAPS REQUIRED BY THIS SECTION AVAILABLE TO THE PUBLIC. 4. THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF ENVIRON- MENTAL CONSERVATION AND THE TECHNICAL ADVISORY GROUP, SHALL ESTABLISH AND MAINTAIN A COMPUTER MAPPING SYSTEM FOR PLOTTING CANCER INCIDENCE AND ENVIRONMENTAL FACILITIES THROUGHOUT THE STATE, INCLUDING BUT NOT LIMITED TO CANCER CLUSTERS. SUCH MAPS SHALL OVERLAY LOCATIONS OF ENVIRONMENTAL FACILITIES WITH CANCER INCIDENCES.S. 3788--C 3
5. CANCER INCIDENCE AND ENVIRONMENTAL FACILITY MAPS SHALL INCLUDE DATA ON THE INCIDENCE OF THE FOLLOWING CANCER TYPES: (A) LUNG AND BRONCHUS; (B) FEMALE BREAST; (C) URINARY BLADDER (INCLUDING IN SITU); (D) BRAIN AND OTHER NERVOUS SYSTEM; (E) COLON AND RECTUM; (F) NON-HODGKIN LYMPHOMAS; (G) LEUKEMIAS; (H) THYROID; (I) LIVER/INTRAHEPATIC BILE DUCT; (J) KIDNEY AND RENAL PELVIS; (K) PROSTATE; (L) ORAL CAVITY AND PHARYNX; (M) STOMACH; (N) ESOPHAGUS; (O) LARYNX; (P) PANCREAS; (Q) CORPUS UTERUS; (R) OVARY; (S) TESTIS; (T) MESOTHELIOMA; (U) BONE; (V) NASAL AND NASOPHARYNX; AND (W) SOFT TISSUE SARCOMAS. 6. PLOTTING OF DATA FOR CANCER INCIDENCE AND ENVIRONMENTAL FACILITY MAPS SHALL BE BY CENSUS BLOCK, EXCEPT IN CASES WHERE SUCH PLOTTING COULD DISCLOSE THE IDENTITY OF ANY PERSON TO WHOM THE DATA RELATE, IN WHICH CASE CENSUS BLOCKS SHALL BE AGGREGATED FOR PLOTTING TO PROTECT THE IDEN- TITY OF SUCH PERSON. WHEN SUCH AGGREGATION IS REQUIRED, THE DEPARTMENT SHALL UTILIZE THE MINIMUM NUMBER OF CENSUS BLOCKS PRACTICABLE TO PROTECT THE IDENTITY OF SUCH PERSON. 7. BY MARCH FIRST, TWO THOUSAND ELEVEN THE DEPARTMENT SHALL MAKE AVAILABLE TO THE PUBLIC INFORMATION ON CANCER AS DESIGNATED BY THE ENVI- RONMENTAL PUBLIC HEALTH TRACKING PROGRAM OF THE CENTERS FOR DISEASE CONTROL AND PREVENTION, AND, IN CONSULTATION WITH THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, CURRENT DATA ON LOCATIONS AND TYPE OF ENVI- RONMENTAL FACILITIES. 8. BY JUNE THIRTIETH, TWO THOUSAND ELEVEN THE DEPARTMENT SHALL MAKE AVAILABLE TO THE PUBLIC CANCER INCIDENCE AND ENVIRONMENTAL FACILITY MAPS WHICH SHOW AVAILABLE INFORMATION ON THE LOCATION OF ENVIRONMENTAL FACIL- ITIES AND THE TOTAL NUMBER OF REPORTED CANCERS BY CENSUS BLOCK AND ASSO- CIATED DATA FOR EACH REPORTED CANCER TYPE LISTED IN SUBDIVISION FIVE OF THIS SECTION. 9. THE DEPARTMENT SHALL MAKE AVAILABLE TO THE PUBLIC CANCER INCIDENCE AND ENVIRONMENTAL FACILITY MAPS IN THE MANNER DESCRIBED IN SUBDIVISION FOUR OF THIS SECTION SHOWING CANCER CLUSTERS BY CANCER TYPES. PRIOR TO PLOTTING SUCH DATA, THE DEPARTMENT SHALL USE AN APPROPRIATE STATISTICAL METHOD TO DETECT STATISTICAL ANOMALIES FOR THE PURPOSE OF IDENTIFYING CANCER CLUSTERS. (A) THE DEPARTMENT SHALL MAKE SUCH MAPS AVAILABLE AS FOLLOWS: (I) BY JUNE THIRTIETH, TWO THOUSAND TWELVE CANCER TYPES LISTED IN PARAGRAPHS (A) THROUGH (E) OF SUBDIVISION FIVE OF THIS SECTION; (II) BY DECEMBER THIRTY-FIRST, TWO THOUSAND TWELVE CANCER TYPES LISTED IN PARAGRAPHS (F) THROUGH (O) OF SUBDIVISION FIVE OF THIS SECTION; ANDS. 3788--C 4
(III) BY JUNE THIRTIETH, TWO THOUSAND THIRTEEN CANCER TYPES LISTED IN PARAGRAPHS (P) THROUGH (W) OF SUBDIVISION FIVE OF THIS SECTION. (B) THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF ENVIRON- MENTAL CONSERVATION, SHALL UPDATE THE MAPS PERIODICALLY. (C) THE DEPARTMENT SHALL POST THESE MAPS ON ITS PUBLIC WEBSITE AS SOON AS PRACTICABLE FOLLOWING THE DATES SET FORTH IN PARAGRAPH (A) OF THIS SUBDIVISION. S 3. Paragraph (s) of subdivision 1 of section 206 and paragraph (i) of subdivision 1 of section 2411 of the public health law are REPEALED. S 4. Section 3 of chapter 638 of the laws of 2008 amending the envi- ronmental conservation law and the public health law relating to the environmental facility and cancer incidence map is REPEALED. S 5. This act shall take effect immediately and shall expire and be deemed repealed March 31, 2016.