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
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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
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