Senate Bill 1868c1

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    Florida Senate - 1998                           CS for SB 1868

    By the Committee on Health Care and Senator Turner





    317-2131A-98

  1                      A bill to be entitled

  2         An act relating to community environmental

  3         health protection; creating ss. 381.102,

  4         381.103, 381.104, 381.105, 381.106, 381.107,

  5         F.S., the "Florida Community Environmental

  6         Health Protection Act"; providing a short

  7         title; providing for community environmental

  8         health protection; providing legislative

  9         findings; providing definitions; creating the

10         Community Environmental Health Program;

11         providing purposes of the program; designating

12         pilot projects; providing for Committee

13         Environmental Health Advisory Boards; requiring

14         a report to the Legislature; providing duties

15         of the Department of Health; creating s.

16         240.707, F.S.; creating the Center for

17         Environmental Equity and Justice; providing

18         appropriations and prescribing purposes for

19         which the funds may be used; providing an

20         effective date.

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22  Be It Enacted by the Legislature of the State of Florida:

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24         Section 1.  Section 381.102, Florida Statutes, is

25  created to read:

26         381.102  Short title.--Sections 381.102-381.107 may be

27  cited as the "Florida Community Environmental Health

28  Protection Act."

29         Section 2.  Section 381.103, Florida Statutes, is

30  created to read:

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    Florida Senate - 1998                           CS for SB 1868
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  1         381.103  Community environmental health protection;

  2  legislative findings.--

  3         (1)  This state is committed to the economic,

  4  environmental, and public health revitalization of its

  5  communities.

  6         (2)  Low-income communities bear a significant burden

  7  of environmental contamination that thwarts the revitalization

  8  of these communities.

  9         (3)  This state has made progress in addressing the

10  economic development and environmental needs of its

11  communities.

12         (4)  Measures to address the public health needs of

13  low-income communities that are exposed to contaminated sites

14  must be implemented in order to ensure the sustainability of

15  the communities in this state.

16         (5)  The Legislature has determined that it would be

17  beneficial to provide resources in this state to undertake a

18  series of pilot projects that demonstrate techniques and

19  approaches to ensure health care for low-income persons who

20  are living in communities that are adversely affected by

21  contaminated sites, to mobilize additional resources from the

22  government, private sector, and private foundations to address

23  this need, and to develop a mechanism for collecting data.

24         (6)  The implementation of these measures will enhance

25  cooperative efforts among the private sector, government, and

26  nonprofit organizations in this state to ensure the

27  sustainability of this state.

28         (7)  Efforts to initiate measures that address public

29  health problems in communities affected by contaminated sites

30  will enable this state to leverage additional resources

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    Florida Senate - 1998                           CS for SB 1868
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  1  available from the Federal Government and private foundations

  2  for this purpose.

  3         Section 3.  Section 381.104, Florida Statutes, is

  4  created to read:

  5         381.104  Definitions.--As used in ss. 381.102-381.107,

  6  the term:

  7         (1)  "Low-income community" means a contiguous grouping

  8  of residences with a significant portion of occupants who have

  9  a family income equal to or below 100 percent of the most

10  recent federal poverty level and who are exposed to multiple

11  sources of environmental contamination.

12         (2)  "Contaminated site" means any contiguous land,

13  surface water, or groundwater areas that may contain

14  contaminants that may be harmful to human health or the

15  environment and includes federal Superfund sites and state or

16  federally designated Brownfield areas.

17         Section 4.  Section 381.105, Florida Statutes, is

18  created to read:

19         381.105  Community Environmental Health Program;

20  creation; purposes.--There is created the Community

21  Environmental Health Program. The primary purpose of the

22  program is to ensure the availability of public health

23  services to members of low-income communities that may be

24  adversely affected by contaminated sites located in or near

25  the community. These services extend beyond health services

26  that are currently provided pursuant to chapter 154 and

27  include measures to address the cumulative and synergistic

28  health effects that may be associated with exposure to

29  environmental contamination. An additional purpose is to

30  ensure the collection of information and data on health

31  effects potentially caused by acute and chronic exposure to

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    Florida Senate - 1998                           CS for SB 1868
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  1  low and high levels of environmental contaminants so that the

  2  information and data may be used for research, education, and

  3  the improvement of decisionmaking on sustainability goals.

  4         Section 5.  Section 381.106, Florida Statutes, is

  5  created to read:

  6         381.106  Community Environmental Health Program pilot

  7  projects.--

  8         (1)  Community Environmental Health Program pilot

  9  projects are hereby established within the Department of

10  Health to promote disease prevention and health protection

11  among low-income people who live in communities that have

12  Superfund or legally designated Brownfield areas. The pilot

13  projects must seek to build upon existing environmental and

14  economic efforts to address contaminated sites through the

15  Florida Brownfields Redevelopment Act, the Eastward Ho!

16  Brownfields Partnership, the federal Superfund Program, and

17  other state and federal programs that address public health

18  and the environment. The pilot projects may form partnerships

19  with existing health care providers, contribute to a health

20  care needs assessment, and serve as the basis for the

21  development of health care capacity in underserved areas.

22         (2)  A pilot project must be established to serve each

23  of the following:

24         (a)  In Escambia County, the low-income communities

25  surrounding the Escambia Treating Company and Agrico Company

26  Superfund sites that are part of the national pilot relocation

27  project and the former workers at those sites;

28         (b)  In Broward County, the low-income communities

29  surrounding the Wingate Superfund site, which is located in

30  the federally designated Brownfield Showcase Community;

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    Florida Senate - 1998                           CS for SB 1868
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  1         (c)  In Palm Beach County, within the City of Riviera

  2  Beach, the low-income communities surrounding the BMI-Textron

  3  Superfund site, which is located in the federally designated

  4  Brownfield Showcase community;

  5         (d)  In Pinellas County, the low-income communities

  6  designated as a pilot project under the 1997 Florida

  7  Brownfields Redevelopment Act, including the Greenwood

  8  community in Clearwater;

  9         (e)  In Miami-Dade County, the low income communities

10  in Liberty City and Brownsville, which are located in the

11  federally designated Brownfield Showcase Community;

12         (f)  In Polk County, the low-income communities

13  surrounding the Alpha Chemical Corporation Superfund site;

14         (g)  In Hillsborough County, the low-income communities

15  surrounding the Kassouf-Kimberling Battery Disposal Superfund

16  site, the Landfill Superfund site, and the Sixty-Second Street

17  Dump Superfund site, which have been designated as a proposed

18  Brownfield Redevelopment project area; and

19         (h)  In Duval County, the low-income communities

20  surrounding the Pickettville Road Landfill Superfund site.

21         (3)  The Department of Health shall establish a

22  Community Environmental Health Advisory Board for each pilot

23  project, and the majority of board members shall be low-income

24  residents who are beneficiaries of the pilot project. The

25  board must also include representatives from the respective

26  county health departments, health care professionals and

27  providers, and elected officials. The board shall identify the

28  community environmental health needs and types of services

29  which should be provided by the pilot project, initiate and

30  support efforts to secure additional resources to meet these

31  needs, oversee the functions and operations of the pilot

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    Florida Senate - 1998                           CS for SB 1868
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  1  project, evaluate the pilot project, and prepare for the

  2  Legislature a report that discusses the progress of the pilot

  3  project toward achieving its stated goals and recommends

  4  future courses of action.

  5         Section 6.  Section 381.107, Florida Statutes, is

  6  created to read:

  7         381.107  Duties of Department of Health.--The

  8  Department of Health shall, to the extent that resources are

  9  available:

10         (1)  Assist each pilot project in obtaining low-cost

11  health care services designed to treat the effects of exposure

12  to environmental contaminants and to ensure disease prevention

13  and health promotion.

14         (2)  Facilitate the application to other appropriate

15  Superfund sites and Brownfield areas in the state the

16  techniques and approaches developed by the pilot project to

17  ensure health care for low-income persons who are living in

18  communities with contaminated sites.

19         (3)  Develop a proactive, rapid-identification system

20  for evaluating the health impact of exposure to environmental

21  contamination and for detecting health effects.

22         (4)  Explore alternative methodologies for evaluating

23  the human health consequences of exposure to environmental

24  contamination.

25         (5)  Develop and maintain a registry to track health

26  problems addressed by the project.

27         (6)  Develop environmental education and outreach

28  programs for health care providers and communities which

29  increase awareness and reporting of health effects resulting

30  from exposure to environmental contamination within

31  communities.

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    Florida Senate - 1998                           CS for SB 1868
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  1         (7)  Work with affected communities, appropriate

  2  agencies, and ongoing initiatives, such as Eastward Ho!

  3  Brownfields Partnership, to implement communication between

  4  government agencies and affected communities.

  5         (8)  Collect data on potential environmental health

  6  effects of environmental contamination.

  7         Section 7.  Section 240.707, Florida Statutes, is

  8  created to read:

  9         240.707  Center for Environmental Equity and Justice.--

10         (1)  The Center for Environmental Equity and Justice is

11  established at Florida A & M University.

12         (2)  The purpose of the center is to conduct and

13  facilitate research, develop policies, and engage in

14  education, training, and community outreach with respect to

15  the fair treatment of all people of all races, cultures, and

16  incomes with respect to the development, implementation, and

17  enforcement of environmental laws, regulations, and policies.

18         (3)  The Center for Environmental Equity and Justice

19  shall sponsor students to serve as interns at the Department

20  of Health, the Department of Environmental Protection, and the

21  Department of Community Affairs.

22         Section 8.  (1)  There is appropriated from the General

23  Revenue Fund the sum of $1.8 million during fiscal year

24  1998-1999 for the Community Environmental Health Program, of

25  which $200,000 is allocated to the Pensacola pilot project;

26  $200,000 is allocated to the Wingate pilot project; $200,000

27  is allocated to the Clearwater/Greenwood pilot project;

28  $200,000 is allocated to the City of Riviera Beach pilot

29  project; $200,000 is allocated to Liberty City and to

30  Brownsville, in Miami-Dade County; $200,000 is allocated to

31  the Polk County pilot project;  $200,000 is allocated to the

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    Florida Senate - 1998                           CS for SB 1868
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  1  Hillsborough County pilot project; $200,000 is allocated to

  2  the Duval County pilot project; and $200,000 is allocated to

  3  the Department of Health.

  4         (2)  The funds allocated under subsection (1) must be

  5  used for:

  6         (a)  The delivery of health services, including

  7  screening, diagnosis and treatment of disease; preventive

  8  annual physical examinations; monitoring for effects of toxic

  9  exposure; and consultation on measures to prevent diseases.

10         (b)  Maintenance of the voluntary Community

11  Environmental Health Advisory Boards for the pilot projects.

12         (c)  Resources for accessing the delivery of health

13  services through Medicare, Medicaid, and third-party coverage,

14  among other sources, and for ensuring quality assurance and

15  quality control for the implementation of pilot projects.

16         (3)  The sum of $500,000 is appropriated from the

17  General Revenue Fund to Florida A & M University for the

18  Center for Environmental Equity and Justice for fiscal year

19  1998-1999.

20         Section 9.  This act shall take effect July 1, 1998.

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    Florida Senate - 1998                           CS for SB 1868
    317-2131A-98




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 1868

  3

  4  Deletes from the bill all references to "communities of color"
    and instead refers to "low-income communities."
  5
    Deletes from the bill the references to pollution and
  6  consistently refers to contaminated sites and environmental
    contamination.
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    Provides definitions.
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    Specifies the eight pilot sites, with funding for each.
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    Requires the establishment of a Community Environmental Health
10  Advisory Board for each pilot project.

11  Provides for the creation and funding of the Center for
    Environmental Equity and Justice at Florida A & M University.
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