Bill Text: NY S05292 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to the definition of elevated blood lead levels; provides that elevated lead levels means a blood lead level greater than or equal to 3.5 micrograms of lead per deciliter of whole blood or such lower blood lead level as may be established by the department of health pursuant to rule or regulation.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO HEALTH [S05292 Detail]

Download: New_York-2023-S05292-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5292

                               2023-2024 Regular Sessions

                    IN SENATE

                                      March 1, 2023
                                       ___________

        Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
          printed to be committed 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 section 1 of part P of chapter 57 of the  laws  of  2019,  is
     3  amended to read as follows:
     4    6.  "Elevated  lead  levels"  means a blood lead level greater than or
     5  equal to [five] 3.5 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 3.5 micrograms per deciliter of whole blood, or such lower blood lead
    12  level  as  such  department  may  establish,  to be utilized in its lead
    13  poisoning prevention program. The department of health shall be  author-
    14  ized  to  promulgate  regulations on an emergency basis to implement the
    15  provisions 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 subdivision 6 of section 1370 of the public  health  law  as  the
    20  reference  level  for  conducting  an  environmental  intervention,  the
    21  department of health shall publish a notice of proposed rule  making  to
    22  consider the incorporation of such 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.
                                                                   LBD07795-01-3