SF 2207

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health; requiring a risk evaluation for 
  1.3             certain health risk value rules; proposing coding for 
  1.4             new law in Minnesota Statutes, chapter 144. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [144.966] [HEALTH RISK VALUES; EVALUATION.] 
  1.7      Subdivision 1.  [CRITERIA.] When establishing or revising 
  1.8   rules related to health risk values for chemicals or defined 
  1.9   mixtures of chemicals emitted to the ambient air, the 
  1.10  commissioner of health must determine: 
  1.11     (1) whether the rules take into account the health risks to 
  1.12  male and female infants, male and female children, and male and 
  1.13  female adults, to protect the health of each group with a margin 
  1.14  of safety; and 
  1.15     (2) whether the rules adequately protect the health of the 
  1.16  populations identified in clause (1) with a margin of safety by 
  1.17  taking into consideration each of the following specific risks: 
  1.18     (i) adverse reproductive outcomes; 
  1.19     (ii) respiratory disease; 
  1.20     (iii) immunologic suppression; 
  1.21     (iv) cancer; 
  1.22     (v) neurological development; 
  1.23     (vi) endocrinal (hormonal) functioning; 
  1.24     (vii) general infant and child development; and 
  1.25     (viii) any other important health outcomes identified by 
  2.1   the commissioner. 
  2.2      Subd. 2.  [NECESSARY RISK STANDARD.] If the commissioner of 
  2.3   health determines that an existing or proposed rule related to 
  2.4   health risk values under the commissioner's authority does not 
  2.5   satisfy the requirements of subdivision 1, the commissioner must 
  2.6   establish a rule that satisfies the requirements. 
  2.7      Subd. 3.  [MINIMIZATION OF RISK.] If the commissioner under 
  2.8   subdivision 2 is unable to determine whether a rule related to 
  2.9   health risk values satisfies the requirements of subdivision 1, 
  2.10  the commissioner must identify methods to minimize or prevent 
  2.11  exposure to the populations identified in subdivision 1, clause 
  2.12  (1). 
  2.13     Subd. 4.  [REPORT REQUIRED.] The commissioner must report 
  2.14  to the house health and human services committee and the senate 
  2.15  health and family security committee regarding rules established 
  2.16  under subdivision 2 or methods identified under subdivision 3 
  2.17  that have been issued to meet the requirements of law.  The 
  2.18  report is a biennial requirement beginning January 15, 2003. 
  2.19     Sec. 2.  [RULEMAKING.] 
  2.20     Any rule related to health risk values for chemicals or 
  2.21  defined mixtures of chemicals emitted to ambient air that is 
  2.22  adopted by the commissioner of health on or after the effective 
  2.23  date of this section must require that any health risk values 
  2.24  adopted by the commissioner be used to establish upper limits 
  2.25  for emissions to ambient air. 
  2.26     Sec. 3.  [EFFECTIVE DATE.] 
  2.27     Sections 1 and 2 are effective the day following final 
  2.28  enactment.