A05779 Summary:

BILL NOA05779
 
SAME ASNo Same As
 
SPONSORRyan
 
COSPNSROrtiz, Englebright, Rosenthal L, Epstein, Griffin, Colton, Galef, Thiele, Gottfried, Jacobson, Blake, Otis, Lupardo, Fall, Wright, Dinowitz, Fernandez, Carroll, Stirpe, Quart, Ashby, Barron, Weprin
 
MLTSPNSR
 
Amd 1370, Pub Health L
 
Relates to changing the definition of elevated blood lead levels from a blood lead level greater than or equal to ten micrograms of lead per deciliter of whole blood to five micrograms of lead per deciliter of whole blood.
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A05779 Actions:

BILL NOA05779
 
02/19/2019referred to health
02/28/2019reported referred to ways and means
03/05/2019reported referred to rules
03/05/2019reported
03/05/2019rules report cal.37
03/05/2019ordered to third reading rules cal.37
03/06/2019passed assembly
03/06/2019delivered to senate
03/06/2019REFERRED TO FINANCE
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A05779 Committee Votes:

HEALTH Chair:Gottfried DATE:02/28/2019AYE/NAY:25/0 Action: Favorable refer to committee Ways and Means
GottfriedAyeRaiaAye
SchimmingerAyeMcDonoughAye
GalefAyeRaAye
DinowitzAyeGarbarinoAye
CahillAyeByrneAye
PaulinAyeByrnesAye
CymbrowitzAyeAshbyAye
GuntherAye
RosenthalAye
HevesiAye
JaffeeAye
SteckAye
AbinantiAye
BraunsteinAye
KimAye
SolagesAye
BichotteExcused
BarronAye
SayeghAye

WAYS AND MEANS Chair:Weinstein DATE:03/05/2019AYE/NAY:31/0 Action: Favorable refer to committee Rules
WeinsteinAyeBarclayAye
LentolAyeCrouchAye
SchimmingerExcusedFitzpatrickAye
GanttExcusedHawleyAye
GlickAyeMalliotakisAye
NolanExcusedMontesanoAye
PretlowAyeRaAye
PerryAyeBlankenbushAye
ColtonAyePalmesanoAye
CookAyeNorrisAye
CahillAye
AubryAye
ThieleAye
CusickAye
OrtizAye
BenedettoAye
WeprinAye
RodriguezAye
RamosAbsent
BraunsteinAye
McDonaldAye
RozicAye
SimotasAye
DinowitzAye
MillerAye

RULES Chair:Heastie DATE:03/05/2019AYE/NAY:27/0 Action: Favorable
HeastieAyeKolbExcused
GottfriedAyeCrouchAye
LentolAyeFinchExcused
GanttExcusedBarclayAye
NolanAyeRaiaAye
WeinsteinAyeHawleyAye
OrtizAyeGiglioAye
PretlowAyeMalliotakisAye
CookAye
GlickAye
AubryAye
EnglebrightAye
DinowitzAye
ColtonAye
MagnarelliAye
PerryAye
PaulinAye
TitusAye
Peoples-StokesAye
BenedettoAye
LavineAye
LupardoExcused
ZebrowskiAye

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A05779 Floor Votes:

DATE:03/06/2019Assembly Vote  YEA/NAY: 146/0
AbbateYCrespoYGanttERLiPetriYPerryYSimonY
AbinantiYCrouchYGarbarinoYLupardoYPheffer AmatoYSimotasY
ArroyoYCruzYGiglioYMagnarelliYPichardoYSmithY
AshbyYCusickYGlickYMalliotakisYPretlowYSmullenY
AubryYCymbrowitzYGoodellYManktelowYQuartYSolagesY
BarclayYDavilaYGottfriedYMcDonaldYRaYStecY
BarnwellYDe La RosaYGriffinYMcDonoughYRaiaYSteckY
BarrettYDenDekkerYGuntherYMcMahonYRamosYSternY
BarronYDeStefanoYHawleyYMikulinYRaynorYStirpeY
BenedettoYDickensYHevesiYMill B YReillyYTagueY
BichotteYDilanYHunterYMill MGYReyesYTaylorY
BlakeYDinowitzYHyndmanYMill MLERRichardsonYThieleY
BlankenbushYDiPietroYJacobsonYMontesanoYRiveraYTitusY
BrabenecYD'UrsoYJaffeeYMorinelloYRodriguezERVanelY
BraunsteinYEichensteinYJean-PierreYMosleyYRomeoYWalczykY
BronsonYEnglebrightYJohnsYNiouYRose D YWalkerY
BuchwaldYEpsteinYJonesYNolanYRose L YWallaceY
BurkeYFahyYJoynerYNorrisYRozicYWalshY
ButtenschonYFallYKimYO'DonnellYRyanYWeinsteinY
ByrneYFernandezYKolbEROrtizYSalkaYWeprinY
ByrnesYFinchYLalorYOtisYSantabarbaraYWilliamsY
CahillYFitzpatrickYLavineYPalmesanoYSayeghYWoernerY
CarrollYFriendYLawrenceYPalumboYSchimmingerYWrightY
ColtonYFrontusYLentolYPaulinYSchmittYZebrowskiY
CookYGalefYLiftonYPeoples-StokesYSeawrightYMr SpkrY

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A05779 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5779
 
SPONSOR: Ryan
  TITLE OF BILL: An act to amend the public health law, in relation to the definition of elevated blood lead levels   PURPOSE OR GENERAL IDEA OF THE BILL: This bill will protect the health of children in New York State by lowering the statutory standard for elevated blood lead levels to reflect current scientific guidance   SUMMARY OF PROVISIONS: Section 1 amends the definition of "elevated lead levels" set forth in subdivision 6 of § 1370 of the Public Health Law to lower the level of lead in whole blood requiring action under the Childhood Lead Poisoning Prevention Program from the current level of 10 micrograms of lead per deciliter of whole blood (pg/dL) to 5 pg/dL. The section also clarifies that the statutory authorization for the Department of Health to estab- lish a different blood lead level (BLL) by regulation only allows it to establish a level lower than 5 pg/dL. Section 2 requires the Department of Health to adopt all necessary regu- lations, within 90 days of the effective date of the act, to define "elevated lead levels" to mean a BLL greater than or equal to 5 pg/dL of whole blood, or such lower BLL as the Department may establish, to be utilized in its lead poisoning prevention program. The Department is authorized to promulgate regulations on an emergency basis to implement the provisions of this act. § 2 further provides that, within 6 months after the date on which the U.S. Department of Health and Human Services publishes guidance recommending a lower concentration of lead in blood as a reference level for public health responses than the concentration established pursuant to § 1 of the bill, the Department shall publish a notice of proposed rulemaking to consider incorporating such guidance into its regulations. Section 3 sets an effective date for this act.   JUSTIFICATION: When the Legislature enacted the "Lead Poisoning Prevention Act" in 1992, it incorporated a recommendation issued by the U.S. Centers for Disease Control CDC). In 1991, the CDC had recommended a BLL of 10 pg/dL or greater as an action level for children and an advisory level for environmental and educational intervention. In 2012, the CDC lowered the recommended BLL to 5 pg/dL. Although the Department of Health is author- ized under the statute to prescribe a different level by regulation, to date it has taken no action. To set its recommendation, the CDC uses a reference value based on the 97.5th percentile of the BLL distribution among children 1 -5 years old in the United States. As public health efforts continue, this value is expected to decrease. The CDC reconsiders its recommendation every four years, and is currently considering lowering its recommended BLL to 3.5 pg/dL. Lead is toxic and can cause neurological damage to children at any level. The CDC has stated that no safe blood level in children has been identified. Nevertheless, it still expects that children whose blood tests higher than the reference level - that is, whose blood level is higher than 97.5% of children in the U.S - should benefit from a public health response. Blood test data from 2014 reported by the CDC indicates that over 6000 children in New York City and almost 2000 children in other parts of the state had BLLs between 5 and 9 pg/dL. This bill will improve the State's efforts to protect children's health and will ensure that any future changes in the CDC's recommendations receive prompt consideration.   PRIOR LEGISLATIVE HISTORY: 2017-18: A06906   FISCAL IMPLICATIONS: None   EFFECTIVE DATE: This act takes effect immediately.
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A05779 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5779
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 19, 2019
                                       ___________
 
        Introduced  by  M. of A. RYAN -- read once and referred to the Committee
          on Health
 
        AN ACT to amend the public health law, in relation to the definition  of
          elevated blood lead levels
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 6 of section 1370 of the public health law,  as
     2  amended  by  chapter  485  of  the  laws  of 1992, is amended to read as
     3  follows:
     4    6. "Elevated lead levels" means a blood lead  level  greater  than  or
     5  equal  to  [ten] five micrograms of lead per deciliter of whole blood or
     6  such lower blood lead level as may  be  established  by  the  department
     7  pursuant to rule or regulation.
     8    § 2. (a) Within 90 days after the date on which this act takes effect,
     9  the department of health shall adopt all necessary regulations to define
    10  "elevated  lead levels" to mean a blood lead level greater than or equal
    11  to 5 micrograms per deciliter of whole blood, or such lower  blood  lead
    12  level  as  the  department  may  establish,  to  be utilized in its lead
    13  poisoning prevention program.   The department shall  be  authorized  to
    14  promulgate regulations on an emergency basis to implement the provisions
    15  of this act.
    16    (b)  Within 6 months after the date on which the federal department of
    17  health and human services has published guidance  recommending  a  lower
    18  concentration of lead in blood than the concentration established pursu-
    19  ant  to section one of this act as the reference level for conducting an
    20  environmental intervention, the department of  health  shall  publish  a
    21  notice  of  proposed  rule  making to consider the incorporation of such
    22  guidance into its regulations.
    23    § 3. This act shall take effect immediately.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06236-01-9
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A05779 LFIN:

 NO LFIN
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A05779 Chamber Video/Transcript:

3-6-19Video (@ 01:42:55)Transcript pdf Transcript html
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