Senate File 125 - Introduced SENATE FILE BY BOLKCOM and RAGAN (COMPANION TO LSB 2099HH BY FOEGE) Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to the creation of a children's environmental 2 health and protection advisory council. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2099SS 81 5 pf/sh/8 PAG LIN 1 1 Section 1. NEW SECTION. 135M.1 TITLE. 1 2 This chapter shall be known and may be cited as the 1 3 "Children's Environmental Health and Protection Advisory 1 4 Council Act". 1 5 Sec. 2. NEW SECTION. 135M.2 FINDINGS == 1 6 RESPONSIBILITIES. 1 7 The general assembly finds all of the following: 1 8 1. That children in this state face an array of 1 9 preventable exposures to environmental hazards in their 1 10 schools, homes, and communities. 1 11 2. That in certain cases children are at greater risk than 1 12 adults for exposure to and possible illness from environmental 1 13 hazards due to all of the following: 1 14 a. Children have decreased ability to detoxify certain 1 15 substances. 1 16 b. Children have greater sensitivity to environmental 1 17 hazards during the stages of development and growth as a 1 18 result of their immature body organs and tissues and immature 1 19 immune systems. 1 20 c. Children have unique exposure behavior patterns, such 1 21 as hand=to=mouth behavior, spending a greater amount of time 1 22 outdoors near hazards, and spending more time on the floor and 1 23 on the ground where contaminants can concentrate. 1 24 d. Children take in a proportionately greater amount of 1 25 contaminants due to their eating proportionately more food, 1 26 breathing proportionately more air, and drinking 1 27 proportionately more fluids than adults. 1 28 3. Higher rates of poverty are one factor that places 1 29 children in ethnic and minority communities at 1 30 disproportionately higher risk for environmental exposures due 1 31 to deficient housing, poor nutrition, and limited access to 1 32 health care. 1 33 4. Solutions to complex environmental health problems 1 34 require the ongoing communication, collaboration, and 1 35 cooperation of affected communities and many disciplines 2 1 including science, medicine, public health, economics, 2 2 planning, law, and policy. 2 3 5. It is necessary to assess the impacts of state 2 4 policies, programs, and activities on children. 2 5 6. The state recognizes the state's responsibility to do 2 6 all of the following: 2 7 a. Enable all children to grow up in a safe and healthy 2 8 environment. 2 9 b. Use the state's resources to ensure that every child is 2 10 provided with an environmentally safe and healthy learning 2 11 environment in which to grow, develop, and mature into a 2 12 productive and healthy adult. 2 13 7. The state will endeavor to meet the state's 2 14 responsibilities by creating an advisory council to identify 2 15 environmental hazards that may affect children's health and 2 16 recommend solutions to those hazards through interdisciplinary 2 17 problem solving and coalition building. 2 18 Sec. 3. NEW SECTION. 135M.3 DEFINITIONS. 2 19 As used in this chapter, unless the context otherwise 2 20 requires: 2 21 1. "Advisory council" means the children's environmental 2 22 health and protection advisory council created in this 2 23 chapter. 2 24 2. "Environmental hazard" means one or a group of toxic 2 25 chemical, biological, or physical agents in the environment, 2 26 resulting from human activities or natural processes, that may 2 27 impact the health of children exposed to the agents, including 2 28 such agents as lead, pesticides, air pollutants, contaminated 2 29 drinking water, polluted waters, toxic waste, polychlorinated 2 30 biphenyls, secondhand cigarette or tobacco product smoke, and 2 31 industrial and home chemicals. 2 32 Sec. 4. NEW SECTION. 135M.4 CHILDREN'S ENVIRONMENTAL 2 33 HEALTH AND PROTECTION ADVISORY COUNCIL == MEMBERSHIP == 2 34 PROCEDURES. 2 35 1. A children's environmental health and protection 3 1 advisory council is created within the Iowa department of 3 2 public health. 3 3 2. The advisory council shall be composed of the following 3 4 members: 3 5 a. The director of public health, or the director's 3 6 designee. 3 7 b. The director of human services, or the director's 3 8 designee. 3 9 c. The director of the department of natural resources, or 3 10 the director's designee. 3 11 d. The secretary of agriculture, or the secretary's 3 12 designee. 3 13 e. The director of the department of education, or the 3 14 director's designee. 3 15 f. Two licensed pediatric health care providers with 3 16 expertise in the field of children's environmental health, 3 17 appointed by the governor. 3 18 g. One representative of the university of Iowa hospitals 3 19 and clinics with expertise in studying the impact of 3 20 environmental hazards on children, appointed by the governor. 3 21 h. One parent whose child has been clinically diagnosed 3 22 with exposure to an environmental hazard such as lead paint or 3 23 pesticides, appointed by the governor. 3 24 i. One environmental epidemiologist with expertise in 3 25 issues of importance to children's environmental health, 3 26 appointed by the governor. 3 27 j. One economist with expertise in measuring the economic 3 28 costs of illness and the benefits of prevention, appointed by 3 29 the governor. 3 30 k. One environmental toxicologist with expertise in issues 3 31 of importance to children's environmental health, appointed by 3 32 the governor. 3 33 l. One representative of the Iowa state association of 3 34 counties, appointed by the governor. 3 35 m. One representative of private industry who represents 4 1 the regulated community, appointed by the governor. 4 2 n. Four members of the general assembly, two appointed by 4 3 the majority leader of the senate, after consultation with the 4 4 president of the senate and the minority leader of the senate, 4 5 and two appointed by the speaker of the house, after 4 6 consultation with the majority leader and the minority leader 4 7 of the house of representatives. 4 8 3. Members shall serve staggered terms of two years. 4 9 Appointments shall comply with sections 69.16 and 69.16A. 4 10 Each term shall commence and end as provided by section 69.19. 4 11 Vacancies shall be filled by the original appointing authority 4 12 and in the manner of the original appointments. 4 13 4. Nonlegislative members shall receive actual expenses 4 14 incurred while serving in their official capacity and may also 4 15 be eligible to receive compensation as provided in section 4 16 7E.6. Legislative members shall receive compensation pursuant 4 17 to section 2.12. 4 18 5. The director of public health or the director's 4 19 designee shall serve as the chairperson of the advisory 4 20 council. A majority of the members of the advisory council 4 21 shall constitute a quorum. The Iowa department of public 4 22 health shall provide staff support to the advisory council. 4 23 The advisory council shall meet on a quarterly basis, or more 4 24 frequently at the request of the chairperson. 4 25 Sec. 5. NEW SECTION. 135M.5 ADVISORY COUNCIL DUTIES. 4 26 The advisory council shall do all of the following: 4 27 1. Review and comment on existing rules, regulations, and 4 28 standards to ensure that the rules, regulations, and standards 4 29 adequately protect the health of children from environmental 4 30 hazards by considering the special vulnerability of children 4 31 due to such factors as children's developing physiology, 4 32 exposures, behaviors, and diets relative to adults. 4 33 2. Review any proposed rule submitted to the advisory 4 34 council to determine if the proposed rule: 4 35 a. Adequately protects the health of children from 5 1 environmental hazards by considering the special vulnerability 5 2 of children due to such factors as children's developing 5 3 physiology, exposures, behaviors, and diets relative to 5 4 adults. 5 5 b. Is consistent and uniform with the children's 5 6 environmental health policies, rules, regulations, and 5 7 standards of other state agencies. 5 8 3. Following the review of a proposed rule, the advisory 5 9 council shall recommend to the entity proposing the rule 5 10 measures that would avoid or minimize any negative impact that 5 11 the proposed rule may have on the health of children. 5 12 4. Comment on any proposed rule that may be submitted by a 5 13 state agency during the public comment period if the advisory 5 14 council determines that the proposed rule will have an impact 5 15 on children's health. 5 16 5. Gather and disseminate information to the public, 5 17 including the research and medical communities, community= 5 18 based organizations, schools, and state agencies regarding 5 19 reduction, treatment, and elimination of children's exposures 5 20 to environmental hazards to further the public's understanding 5 21 of the environmental hazards that may potentially affect 5 22 children. 5 23 6. Recommend uniform guidelines for state agencies to 5 24 follow to reduce and eliminate children's exposures to 5 25 environmental hazards. 5 26 7. Create and promote educational programs, in partnership 5 27 with health and environmental professionals, for parents and 5 28 caregivers of children that include information regarding: 5 29 a. The potential health effects of environmental hazards. 5 30 b. Practical suggestions regarding reduction of children's 5 31 exposure to environmental hazards. 5 32 c. Any other relevant information to assist parents and 5 33 caregivers of children in protecting children from 5 34 environmental hazards. 5 35 8. Provide input to the general assembly regarding 6 1 legislation that may impact environmental hazards that affect 6 2 the health of children. 6 3 9. Report to the general assembly and the governor on or 6 4 before December 1, 2005, and annually thereafter by December 6 5 1, describing the activities of the advisory council. 6 6 Sec. 6. Section 17A.4, subsection 1, Code 2005, is amended 6 7 by adding the following new paragraph: 6 8 NEW PARAGRAPH. d. Submit to the state children's 6 9 environmental health and protection advisory council created 6 10 in section 135M.4 any proposed rule identified by the agency 6 11 as having an impact on an environmental hazard, as defined in 6 12 section 135M.3, affecting the health of children. 6 13 Sec. 7. APPOINTMENTS DURING BIPARTISAN CONTROL. 6 14 Appointments of general assembly members of the children's 6 15 environmental health and protection advisory council created 6 16 pursuant to this Act which are to be made by the president of 6 17 the senate or by the majority or minority leader of the senate 6 18 during the period that the senate for the Eighty=First General 6 19 Assembly is composed of an equal number of members of each 6 20 major political party, shall be made jointly by the co= 6 21 presidents or co=floor leaders, as appropriate, in accordance 6 22 with Senate Resolution 1, adopted during the 2005 legislative 6 23 session. 6 24 EXPLANATION 6 25 This bill creates a children's environmental health and 6 26 protection advisory council. The bill provides findings and 6 27 responsibilities recognized by the general assembly regarding 6 28 children's environmental health, provides definitions, and 6 29 specifies the membership of the advisory council and the 6 30 procedures for the advisory council. The bill specifies the 6 31 duties of the advisory council, which include review of 6 32 existing and proposed rules of state agencies to determine any 6 33 negative effect on children's environmental health; to provide 6 34 information to the public, including the research and medical 6 35 communities, community=based organizations, schools, and state 7 1 agencies regarding reduction, treatment, and elimination of 7 2 children's exposures to environmental hazards to further the 7 3 public's understanding of the environmental hazards that may 7 4 potentially affect children; recommend uniform guidelines for 7 5 state agencies to follow to reduce and eliminate children's 7 6 exposures to environmental hazards; create and promote 7 7 educational programs, in partnership with health and 7 8 environmental professionals, for parents and caregivers of 7 9 children that include information regarding the potential 7 10 health effects of environmental hazards, practical suggestions 7 11 regarding reduction of children's exposure to environmental 7 12 hazards, and any other relevant information to assist parents 7 13 and caregivers of children in protecting children from 7 14 environmental hazards; provide input to the general assembly 7 15 regarding legislation that may impact environmental hazards 7 16 that affect the health of children; and report to the general 7 17 assembly and the governor on or before December 1, 2005, and 7 18 annually thereafter by December 1, describing the activities 7 19 of the advisory council. The bill also requires that a state 7 20 agency, prior to the adoption, amendment, or repeal of any 7 21 rule that the agency identifies as having an impact on the 7 22 environmental hazards affecting the health of children, submit 7 23 the proposed rule to the advisory council. 7 24 LSB 2099SS 81 7 25 pf:rj/sh/8