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S10151 Summary:

BILL NOS10151A
 
SAME ASSAME AS A08484-A
 
SPONSORSCARCELLA-SPANTON
 
COSPNSR
 
MLTSPNSR
 
Add §29-f, 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--A
 
                    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  --  committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee
 
        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-f to read as follows:
     3    § 29-f. 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:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13116-06-6

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

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