Position Statement – 2025
S.1816 (Fernandez)/A.944 (Rivera)
Relates to the definition of blood lead levels
Support
The Women’s Bar Association of the State of New York (“WBASNY”), a leading advocate for women’s and children’s rights, supports S.1816 (Fernandez)/A.944 (Rivera), amending the public health law, in relation to the definition of elevated blood lead levels.
Specifically, this legislation amends the public health law, changing the definition of “elevated lead levels,” by lowering the numeric definition from 5 to 3.5 micrograms per deciliter (µg/dL) and requiring the Department of Health (“DOH”) to adopt all necessary regulations related to this change. A blood lead reference value (“BLRV”) is intended to identify children with higher levels of lead in their blood compared with levels in most children.[1] This amendment aligns New York State regulations to those of the Centers for Disease Control Prevention (“CDC”), which reduced the BLRV from 5.0 μg/dL to 3.5 μg/dL in October of 2021.
A 2021 study published in the Journal of the American Medical Association Pediatrics suggested that more than half of all U.S. children have detectable levels of lead in their blood.[2] According to the CDC, no safe blood lead level (“BLL”) in children has been identified; even low levels of lead in blood are associated with developmental delays, difficulty learning, and behavioral issues.[3] The CDC warns that the effects of lead poisoning can be permanent and disabling.
The 2021 study also found that elevated BLL blood lead levels in children were closely related to poverty, race, and living in older housing. This is not just a health issue but a social justice issue. Higher BLL blood lead levels are more prevalent among children from racial and ethnic minority groups and children from low-income households, who are more likely to live in conditions where there is a greater likelihood of exposure. These conditions include poor housing and environmental exposures, such as lead in air, soil, and water.
Children who live in housing built before 1978 are also at risk – and New York has some of the oldest housing stock in the nation. With lead paint and lead paint dust frequently found in these older homes, New York is facing an ongoing public health crisis of lead poisoning of children from lead paint in aging rental housing.[4]
Updating the reference value for “elevated lead levels” and the accompanying mandatory reporting to the New York Department of Health is a crucial step. However, it’s just the beginning. We must encourage DOH, providers, communities, and other partners to take comprehensive action. This includes focusing resources on children with the highest levels of lead in their blood, identifying and eliminating sources of lead exposure compared with levels in most children in that age range; identifying and eliminating sources of lead exposure; and taking prompt actions to reduce the harmful effects of lead. This legislation marks an important step, but there is still more that must be done to help those who have already been poisoned and protect those who have the potential to be exposed.
WBASNY’s more than 4,000 members from twenty (20) chapters across New York State are dedicated to making life better for all women and children, and in promoting the advancement of the status of women in society, of women in the legal profession, and to the fair and equitable administration of justice. Our members include individuals from all levels of state and federal benches, as well as prominent attorneys practicing in all areas of the law, educators, and government leaders.
WBASNY supports S.1816 (Fernandez)/A.944 (Rivera)
[1] CDC Updates Blood Lead Reference Value, April 2, 2024, available at: https://www.cdc.gov/lead-prevention/php/news-features/updates-blood-lead-reference-value.html
[2] Over Half of U.S. Children Have Detectable Levels of Lead in their Blood, Finds Quest Diagnostics Health Trends® Study Published in JAMA Pediatrics, available at: https://newsroom.questdiagnostics.com/2021-09-28-Over-Half-of-U-S-Children-Have-Detectable-Levels-of-Lead-in-their-Blood,-Finds-Quest-Diagnostics-Health-Trends-R-Study-Published-in-JAMA-Pediatrics#:~:text=Over%20Half%20of%20U.S.%20Children,incomes%20were%20most%20at%20risk
[3] About Childhood Lead Poisoning Prevention, May 23, 2024, available at: https://www.cdc.gov/lead-prevention/about/index.html#:~:text=Lead%20in%20blood,and%20prevention%20is%20provided%20below.
[4] Attorney General James Leads Coalition Urging EPA to Strengthen Protections Against Childhood Lead Poisoning, March 17, 2022, available at: https://ag.ny.gov/press-release/2022/attorney-general-james-leads-coalition-urging-epa-strengthen-protections-against