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S10151 Summary:

BILL NOS10151
 
SAME ASSAME AS A08484
 
SPONSORSCARCELLA-SPANTON
 
COSPNSR
 
MLTSPNSR
 
Add §29-e, Veterans' Services L
 
Directs the commissioner of veterans' services to establish a registry of self-identifying service members, veterans and family members of such individuals who may have experienced exposure to a hazardous substance at a military installation and to establish and maintain a public information program in order to educate and inform service members, veterans, and their families.
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S10151 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10151
 
                    IN SENATE
 
                                     April 30, 2026
                                       ___________
 
        Introduced  by Sen. SCARCELLA-SPANTON -- read twice and ordered printed,
          and when printed to be committed to the Committee on  Veterans,  Home-
          land Security and Military Affairs
 
        AN  ACT to amend the veterans' services law, in relation to establishing
          a hazardous substance exposure registry
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The  veterans'  services  law  is amended by adding a new
     2  section 29-e to read as follows:
     3    § 29-e. Hazardous substance exposure registry.   1.  The  commissioner
     4  shall  on  a continuous basis, and in consultation with the commissioner
     5  of health, the commissioner of environmental conservation, and the adju-
     6  tant general:
     7    (a) identify all current  or  former  military  installations  located
     8  within the state where service members, veterans, or their families, are
     9  known  or  more  likely  than  not to have been at risk of exposure to a
    10  hazardous substance identified in paragraph  (b)  of  this  subdivision.
    11  Such  military installations shall at a minimum include any such instal-
    12  lation registered as an inactive hazardous waste disposal site or brown-
    13  field cleanup site under titles thirteen and fourteen of  article  twen-
    14  ty-seven   of   the   environmental  conservation  law  respectively  or
    15  registered  under  the  federal  Comprehensive  Environmental  Response,
    16  Compensation, and Liability Act (42 U.S.C. § 21 9601 et seq.); and
    17    (b) identify hazardous substances at such military installations, with
    18  consideration  given  to  substances  hazardous  or acutely hazardous to
    19  public health, safety or the environment as defined in  section  37-0103
    20  of  the  environmental conservation law, and any medical conditions that
    21  may be associated with exposure to them.
    22    2. The commissioner shall establish  a  registry  of  self-identifying
    23  service members, veterans and family members of such individuals who may
    24  have experienced exposure to a hazardous substance at a military instal-
    25  lation identified in subdivision one of this section that shall include:
    26    (a)  the  person's  name,  address, electronic mail address, and phone
    27  number;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13116-02-5

        S. 10151                            2
 
     1    (b) the location of the military  installation  and  time  period  the
     2  person served, worked, or lived at such installation;
     3    (c)  any  medical  condition  or death of a service member, veteran or
     4  family member of such individual that may be related to  exposure  to  a
     5  hazardous  substance  identified  in paragraph (b) of subdivision one of
     6  this section; and
     7    (d) any other information determined relevant by the commissioner.
     8    3. The commissioner, in consultation with the commissioner of  health,
     9  the  commissioner of environmental conservation, and the adjutant gener-
    10  al, shall establish and maintain a public information program  in  order
    11  to  educate  and  inform  service  members, veterans, and their families
    12  regarding:
    13    (a) participation in the registry established pursuant to  subdivision
    14  two of this section;
    15    (b)  participation  in  the health registries maintained by the United
    16  States department of veterans affairs, including the:
    17    (i) Agent Orange Registry;
    18    (ii) Airborne Hazards and Open Burn Pit Registry;
    19    (iii) Gulf War Registry;
    20    (iv) Ionizing Radiation Registry;
    21    (v) Depleted Uranium Follow-Up Program; and
    22    (vi) Toxic Embedded Fragment Surveillance Center;
    23    (c) information regarding presumptive conditions  or  diseases  deter-
    24  mined  to be associated with toxic exposure by the United States depart-
    25  ment of veterans affairs;
    26    (d) the most recent scientific developments on the health  effects  of
    27  exposures  to hazardous substances identified in paragraph (b) of subdi-
    28  vision one of this section, and toxic  exposure  including  exposure  to
    29  open burn pit smoke or other airborne hazards;
    30    (e) the process for applying to the United States department of veter-
    31  ans affairs for service-connected disability compensation for an illness
    32  or condition that may be related to an exposure to a hazardous substance
    33  identified  in paragraph (b) of subdivision one of this section or toxic
    34  exposure, including the methods for documenting the  illness  or  condi-
    35  tion; and
    36    (f)  appealing an existing disability rating decision or requesting an
    37  upgrade in disability rating from the United States department of veter-
    38  ans affairs.
    39    4. The commissioner shall  make  the  aggregate  data  complied  under
    40  subdivision  two  of this section publicly available on the department's
    41  website and subject to appropriations, the commissioner shall prepare or
    42  cause to be prepared a study containing:
    43    (a) an analysis of such aggregate data;
    44    (b) a description of the types and incidences of medical conditions or
    45  deaths reported under subdivision two of this section;
    46    (c) any explanations for the incidence of medical conditions  and  any
    47  other reasonable explanations for the incidence of such conditions; and
    48    (d)  any  other  information  or  opinions  regarding  any association
    49  between such conditions and exposures to hazardous substances identified
    50  in paragraph (b) of subdivision one of this section that the commission-
    51  er may determine to be relevant.
    52    5. The commissioner shall use the information collected under subdivi-
    53  sions one and two of this section, and if applicable, the study prepared
    54  under subdivision four of this section to:
    55    (a) notify, to the extent practicable, any affected  service  members,
    56  veterans,  and  family  members of such individuals of the risk of expo-

        S. 10151                            3
 
     1  sures to hazardous substances identified in paragraph (b) of subdivision
     2  one of this section at a military installation identified under subdivi-
     3  sion one of this section; and
     4    (b)  advocate  when  necessary,  at  the  federal  level for veterans,
     5  service members and  their  families  who  have  suffered  exposures  to
     6  hazardous  substances  identified in paragraph (b) of subdivision one of
     7  this section including, if  appropriate,  seeking  recognition  for  new
     8  presumptions  of exposure to hazardous substances and service connection
     9  for disabilities related to such exposures.
    10    6. The information provided to the department pursuant to  subdivision
    11  two of this section shall be protected as personal confidential informa-
    12  tion  under  article six-A of the public officers law against disclosure
    13  of confidential material and be used only for the purposes described  in
    14  this section. Any publication of the study described in subdivision four
    15  of  this section shall not include personally identifying information of
    16  registry participants.
    17    7. As used in this section the following terms shall have the  follow-
    18  ing meanings:
    19    (a)  "military  installation" means a base, camp, post, station, yard,
    20  center, homeport facility for any ship,  or  other  activity  under  the
    21  jurisdiction  of  the  United States department of defense or the United
    22  States department of homeland security with respect to installations  of
    23  the  United  States  coast  guard, or the division of military and naval
    24  affairs including any leased facility;
    25    (b) "toxic exposure" shall have the  same  meaning  as  such  term  is
    26  defined in section 101 of title 38 of the United States Code;
    27    (c)  "service  member"  means a person who is currently serving in the
    28  uniformed services of the United States or in a "force of the  organized
    29  militia" as such term is defined in section one of the military law; and
    30    (d)  "veteran"  shall  mean  a person who served on active duty in the
    31  uniformed services, or a person who served in a "force of the  organized
    32  militia"  as  such  term  is defined in section one of the military law,
    33  regardless of discharge status.
    34    § 2. This act shall take effect on the ninetieth day  after  it  shall
    35  have become a law.
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