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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5539
TITLE OF BILL:
An act to amend the public health law, in relation to the definition of
elevated blood lead levels
PURPOSE OF BILL:
This bill will amend the numeric definition of elevated lead levels in
public health law.
SUMMARY OF PROVISIONS:
Section 1 - amends subdivision 6 section 1370 of the public health law,
to redefine the definition of "elevated lead levels" to 3.5 micrograms.
Section 2 - lays out direction for the state department of health relat-
ing to "elevated lead levels".
Section 3 - Adds two new subdivisions to section 1370-c of the public
health law containing guidance for healthcare providers to provide guid-
ance to pregnant women relating to lead and its effects.
Section 4 - Establishes the effective date.
On October 29, 2021 the United States Centers for Disease Control and
Freventions (CDC) updated its blood lead reference value to reflect 3.5
micrograms of lead per deciliter of blood as being harmful. Following
this, it is incumbent upon the State of New York to accordingly take
action by updating its public health law pertaining to this matter in
order to ensure that New Yorkers stay safe from elevated blood lead
levels which can have adverse effects, especially on children.
2021-2022: A.8564A Referred to Ways and Means
This act shall take effect immediately.
STATE OF NEW YORK
2023-2024 Regular Sessions
March 16, 2023
Introduced by M. of A. RIVERA -- read once and referred to the Committee
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.