BILL NUMBER: AB 333	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 27, 2014
	PASSED THE ASSEMBLY  AUGUST 29, 2014
	AMENDED IN SENATE  AUGUST 22, 2014
	AMENDED IN SENATE  AUGUST 20, 2014
	AMENDED IN SENATE  JUNE 24, 2014
	AMENDED IN SENATE  JUNE 4, 2014
	AMENDED IN SENATE  MAY 21, 2014
	AMENDED IN SENATE  JULY 11, 2013
	AMENDED IN ASSEMBLY  MAY 8, 2013
	AMENDED IN ASSEMBLY  MARCH 12, 2013

INTRODUCED BY   Assembly Member Wieckowski

                        FEBRUARY 13, 2013

   An act to amend Sections 117605, 117665, 117695, 117700, 117710,
117725, 117747, 117765, 117775, 117780, 117805, 117820, 117835,
117885, 117890, 117900, 117903, 117904, 117918, 117920, 117924,
117928, 117935, 117938, 117940, 117943, 117945, 117950, 117960,
117970, 117985, 117990, 118000, 118025, 118027, 118029, 118032,
118040, 118045, 118135, 118150, 118155, 118160, 118205, 118215,
118220, 118222, 118240, 118245, 118275, 118280, 118286, 118307,
118321.1, 118321.5, 118335, and 118345 of, to add Sections 117636,
117647, 117771, 117946, 117967, and 117976 to, to repeal Sections
117620, 117635, 117748, 117755, 117777, 117933, 117955, 118005, and
118030 of, and to repeal and add Sections 117630, 117690, 117750,
117895, and 117975 of, the Health and Safety Code, relating to
medical waste.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 333, Wieckowski. Medical waste.
   (1) Existing law, the Medical Waste Management Act, regulates the
disposal of medical waste, including requiring specified biohazard
materials to be disposed of in biohazard bags and requiring specified
treatment for medical waste. Transportation, storage, treatment, or
disposal of medical waste in a manner not authorized by the act is a
crime. Existing law defines specified terms for purposes of the
Medical Waste Management Act, including "biohazard bag," "medical
waste management plan," "sharps container," "tracking document," and
"treatment." Under existing law, health care professionals who
generate medical waste are generally required to have medical waste
transported by a registered hazardous waste transporter.
   This bill would require the State Department of Public Health to
submit a report to the Legislature by no later than January 1, 2016,
describing the interaction of federal and state law for the transport
of regulated medical waste and would require the department to
convene a stakeholder group for that purpose. The bill would
authorize the department to update standards related to the
transportation of medical waste during transport through a guidance
document, as specified. The bill would authorize the department to
temporarily waive the transportation requirements of this bill while
a federal preemption determination is pending, as specified. The bill
would provide that during this period of temporary waiver, or if
federal preemption is found, the federal requirements would be deemed
to be the law of this state and enforceable by the department.
    The bill would also redefine specified terms for purposes of the
act, including those above, and add definitions of new terms,
including shipping document and chemotherapeutic agent. The bill
would include all subsets of waste in the definition of treatment.
The bill would also authorize the color coding of biohazard bags, as
specified.
   (2) Existing law authorizes a local agency to adopt a medical
waste management program to, among other things, issue medical waste
registrations and permits and inspect medical waste generators and
treatment facilities, and requires the local agency, if it elects to
do so, to notify the department. Under existing law, if the local
agency chooses not to adopt a medical waste management program or if
the department withdraws its designation, then the department is the
enforcement agency.
   Existing law requires the department to impose and cause to be
collected an annual medical waste generator fee, as specified.
Existing law authorizes the department to contract with a medical
waste transporter or provider of medical waste mail-back systems for
the collection of these fees and authorizes the collecting body to
recover not more than 5% of the fees as administrative costs.
   This bill would remove the ability of the department to use
medical waste mail-back systems for the collection of these fees and
would authorize medical waste transporters that collect these fees to
recover up to 7.5% as administrative costs.
   (3) Under the act, medical waste generators, including large
quantity generators and small quantity generators, are subject to
various requirements relating to registration, record retention, and
transportation of medical waste.
   This bill would revise the registration procedures and the record
requirements for large quantity and small quantity generators. The
bill would require large and small quantity generators that operate
treatment equipment to receive annual training to operate the
equipment. The bill would exempt from regulation as a hazardous waste
hauler a small quantity generator or large quantity generator that
meets specified requirements, including retaining specified
documentation and complying with certain federal requirements
relating to a materials of trade exception.
   The bill would make technical, conforming, and clarifying changes
relating to these provisions.
    Existing law prohibits a large quantity generator from generating
medical waste unless the large quantity generator is registered with
the enforcement agency and requires small quantity generators to
register with the local enforcement agency.
   This bill would authorize a registered large quantity or small
quantity medical waste generator to generate medical waste at a
temporary event, including vaccination clinics, and would require the
large quantity or small quantity generator to notify the enforcement
agency of its participation at such an event at least 72 hours
before the event, except as provided.
   (4) Existing law requires that all medical waste be hauled by
either a registered hazardous waste hauler or by a person with an
approved limited-quantity exemption granted pursuant to specified
provisions of law. Existing law also specifies treatment methods and
processes that medical waste treatment facilities are required to
use, including requiring heat sensitive tape to show that materials
went through a heat process, and requires a medical waste treatment
facility to be permitted by the department.
   This bill would make various changes to the provisions relating to
medical waste haulers, including removing provisions that conflict
with the United States Department of Transportation regulation of
those entities, authorizing a registered trauma scene waste
practitioner, as specified, to haul medical waste, and making changes
to the information medical waste haulers are required to provide to
the department annually. This bill would also make various changes to
the provisions relating to medical waste treatment facilities,
including specifying the decontamination methods for a closure plan,
lowering the time period for which records are maintained from 3 to 2
years, and authorizing the use of electronic information for
operating records and shipping and tracking documents.
   (5) Existing law exempts from specified provisions of the act, a
person who is authorized to collect solid waste and who unknowingly
transports medical waste to a solid waste facility, incidental to the
collection of solid waste.
   This bill would exempt those persons from the entire act, with
regard to that waste, and would require the solid waste transporter
to contact the originating generator of the medical waste to respond
to the facility to provide ultimate proper disposal of the medical
waste.
   (6) Existing law requires that animals that die of infectious
diseases be treated as medical waste, as specified, if, in the
opinion of the attending veterinarian or local health officer, the
carcass presents a danger of infection to humans.
   This bill would require the carcasses of animals that have died of
infectious diseases or that have been euthanized because of
suspected exposure to infectious disease to be treated with a
treatment technology approved by the department if, in the opinion of
the attending veterinarian or local health officer, the carcass
presents a danger of infection to humans. By expanding the definition
of a crime, this bill would create a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 117605 of the Health and Safety Code is amended
to read:
   117605.  (a) This part governs medical waste management at the
facility where waste is generated, at transfer stations, and at
treatment facilities. This part also governs the tracking of medical
waste beyond what is required in federal shipping documents and
regulates aspects of the transport of regulated medical waste.
   (b) Sections 173.196 and 173.197 of Title 49 of the Code of
Federal Regulations impose standards for the transportation of
medical waste on public roads and highways while in transport, unless
an affected person applies to, and receives a determination of any
perceived conflict from, the United States Secretary of
Transportation. Domestic Mail Manual 601.10.17.5 (Mailability:
Hazardous Materials: Sharps and Other Mailable Regulated Medical
Waste) imposes standards for the transportation of medical waste
through the mail and approves medical waste mail back systems.
   (c) The department shall submit to the Legislature by no later
than January 1, 2016, a report describing the interaction of federal
and state law for the transport of regulated medical waste. The
department shall convene a stakeholder group that includes, but is
not limited to, small and large quantity generators, haulers,
transfer station operators, treatment facility operators, local
enforcement agencies, retailers, and other affected entities for this
purpose. The reporting requirement imposed by this subdivision shall
expire as of January 1, 2016, or when the report is submitted to the
Legislature. The report submitted pursuant to this section shall be
submitted in compliance with Section 9795 of the Government Code.
   (d) The department may, in its discretion, update standards
related to the transportation of medical waste during transit through
a guidance document provided to regulated entities and posted on the
department's Internet Web site. This guidance document shall be
exempt from the Administrative Procedure Act (Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code) to the extent that the department finds that the
updated standards are consistent with the standards of the United
States Department of Transportation.
   (e) If an affected person, including the department, seeks a
preemption determination pursuant to Section 5125 of Title 49 of the
United States Code or by a court of competent jurisdiction, the
department may, in its discretion, temporarily waive the state
transportation requirements under this part until that determination
is made and shall provide notice of the waiver on its Internet Web
site.
   (f) During the period of temporary waiver described in subdivision
(e), or if preemption is found, the federal requirements shall be
deemed to be the law of this state and enforceable by the department.
The department may enforce these federal requirements by providing
an updated guidance document to interested parties and posting the
updated guidance document on the department's Internet Web site.
   (g) The Medical Waste Management Act does not preempt any local
ordinance regulating infectious waste, as that term was defined by
Section 25117.5 as it read on December 31, 1990, if the ordinance was
in effect on January 1, 1990, and regulated both large and small
quantity generators. Any ordinance may be amended in a manner that is
consistent with this part.
  SEC. 2.  Section 117620 of the Health and Safety Code is repealed.
  SEC. 3.  Section 117630 of the Health and Safety Code is repealed.
  SEC. 4.  Section 117630 is added to the Health and Safety Code, to
read:
   117630.  "Biohazard bag" means a disposable film bag that is
impervious to moisture. The film bags that are used for transport
shall be marked and certified by the manufacturer as having passed
the tests prescribed for tear resistance in the American Society for
Testing Materials (ASTM) D1922, "Standard Test Method for Propagation
Tear Resistance of Plastic Film and Thin Sheeting by Pendulum Method"
and for impact resistance in ASTM D 1709, "Standard Test Methods for
Impact Resistance of Plastic Film by the Free-Falling Dart Method,"
as those documents were published on January 1, 2014. The film bag
shall meet an impact resistance of 165 grams and a tearing resistance
of 480 grams in both parallel and perpendicular planes with respect
to the length of the bag. The color of the bag shall be red, except
when yellow bags are used to further segregate trace chemotherapy
waste and white bags are used to further segregate pathology waste.
  SEC. 5.  Section 117635 of the Health and Safety Code is repealed.
  SEC. 6.  Section 117636 is added to the Health and Safety Code, to
read:
   117636.  "Chemotherapeutic agent" means an agent that kills or
prevents the reproduction of malignant cells. Chemotherapeutic agent
excludes anti-inflammatory and antibiotic medications used to treat
malignant cells in the practice of veterinary medicine.
  SEC. 7.  Section 117647 is added to the Health and Safety Code, to
read:
   117647.   "Empty" means a condition achieved when tubing, a
container, or inner liner removed from a container that previously
contained liquid or solid material, including, but not limited to, a
chemotherapeutic agent, is considered empty. The tubing, container,
or inner liner removed from the container shall be considered empty
if it has been emptied so that the following conditions are met:
   (a) If the material that the tubing, container, or inner liner
held is pourable, no material can be poured or drained from the
tubing, container, or inner liner when held in any orientation,
including, but not limited to, when tilted or inverted.
   (b) If the material that the container or inner liner held is not
pourable, no material or waste remains in the container or inner
liner that can feasibly be removed by scraping.
  SEC. 8.  Section 117665 of the Health and Safety Code is amended to
read:
   117665.  "Highly communicable diseases" means diseases, such as
those caused by organisms classified by the federal Centers for
Disease Control and Prevention as risk group 3 organisms or higher.
  SEC. 9.  Section 117690 of the Health and Safety Code is repealed.
  SEC. 10.  Section 117690 is added to the Health and Safety Code, to
read:
   117690.  (a) "Medical waste" means any biohazardous, pathology,
pharmaceutical, or trace chemotherapy waste not regulated by the
federal Resource Conservation and Recovery Act of 1976 (Public Law
94-580), as amended; sharps and trace chemotherapy wastes generated
in a health care setting in the diagnosis, treatment, immunization,
or care of humans or animals; waste generated in autopsy or necropsy;
waste generated during preparation of a body for final disposition
such as cremation or interment; waste generated in research
pertaining to the production or testing of microbiologicals; waste
generated in research using human or animal pathogens; sharps and
laboratory waste that poses a potential risk of infection to humans
generated in the inoculation of animals in commercial farming
operations; waste generated from the consolidation of home-generated
sharps; and waste generated in the cleanup of trauma scenes.
Biohazardous, pathology, pharmaceutical, sharps, and trace
chemotherapy wastes that meet the conditions of this section are not
subject to any of the hazardous waste requirements found in Chapter
6.5 (commencing with Section 25100) of Division 20.
   (b) For purposes of this part the following definitions apply:
   (1) "Biohazardous waste" includes all of the following:
   (A) (i) Regulated medical waste, clinical waste, or biomedical
waste that is a waste or reusable material derived from the medical
treatment of a human or from an animal that is suspected by the
attending veterinarian of being infected with a pathogen that is also
infectious to humans, which includes diagnosis and immunization; or
from biomedical research, which includes the production and testing
of biological products.
    (ii) Regulated medical waste or clinical waste or biomedical
waste suspected of containing a highly communicable disease.
   (B) Laboratory waste such as human specimen cultures or animal
specimen cultures that are infected with pathogens that are also
infectious to humans; cultures and stocks of infectious agents from
research; wastes from the production of bacteria, viruses, spores,
discarded live and attenuated vaccines used in human health care or
research, discarded animal vaccines, including Brucellosis and
Contagious Ecthyma, as defined by the department; culture dishes,
devices used to transfer, inoculate, and mix cultures; and wastes
identified by Section 173.134 of Title 49 of the Code of Federal
Regulations as Category B "once wasted" for laboratory wastes.
   (C) Waste that, at the point of transport from the generator's
site or at the point of disposal contains recognizable fluid human
blood, fluid human blood products, containers, or equipment
containing human blood that is fluid, or blood from animals suspected
by the attending veterinarian of being contaminated with infectious
agents known to be contagious to humans.
   (D) Waste containing discarded materials contaminated with
excretion, exudate, or secretions from humans or animals that are
required to be isolated by the infection control staff, the attending
physician and surgeon, the attending veterinarian, or the local
health officer, to protect others from highly communicable diseases
or diseases of animals that are communicable to humans.
   (2) Pathology waste includes both of the following:
   (A) Human body parts, with the exception of teeth, removed at
surgery and surgery specimens or tissues removed at surgery or
autopsy that are suspected by the health care professional of being
contaminated with infectious agents known to be contagious to humans
or having been fixed in formaldehyde or another fixative.
   (B) Animal parts, tissues, fluids, or carcasses suspected by the
attending veterinarian of being contaminated with infectious agents
known to be contagious to humans.
   (3) "Pharmaceutical waste" means a pharmaceutical, as defined in
Section 117747, including trace chemotherapy waste, that is a waste,
as defined in Section 25124. For purposes of this part,
"pharmaceutical waste" does not include a pharmaceutical that meets
either of the following criteria:
   (A) The pharmaceutical is being sent out of the state to a reverse
distributor, as defined in Section 4040.5 of the Business and
Professions Code, that is licensed as a wholesaler of dangerous drugs
by the California State Board of Pharmacy pursuant to Section 4161
of the Business and Professions Code.
   (B) The pharmaceutical is being sent by a reverse distributor, as
defined in Section 4040.5 of the Business and Professions Code,
offsite for treatment and disposal in accordance with applicable
laws, or to a reverse distributor that is licensed as a wholesaler of
dangerous drugs by the California State Board of Pharmacy pursuant
to Section 4160 of the Business and Professions Code and as a
permitted transfer station if the reverse distributor is located
within the state.
   (4) "Sharps waste" means a device that has acute rigid corners,
edges, or protuberances capable of cutting or piercing, including,
but not limited to, hypodermic needles, hypodermic needles with
syringes, blades, needles with attached tubing, acupuncture needles,
root canal files, broken glass items used in health care such as
Pasteur pipettes and blood vials contaminated with biohazardous
waste, and any item capable of cutting or piercing from trauma scene
waste.
   (5) "Trace chemotherapeutic waste" means waste that is
contaminated through contact with, or having previously contained,
chemotherapeutic agents, including, but not limited to, gloves,
disposable gowns, towels, and intravenous solution bags and attached
tubing that are empty. A biohazardous waste that meets the conditions
of this paragraph is not subject to the hazardous waste requirements
of Chapter 6.5 (commencing with Section 25100) of Division 20.
   (6) "Trauma scene waste" means waste that is a regulated waste, as
defined in Section 5193 of Title 8 of the California Code of
Regulations, and that has been removed, is to be removed, or is in
the process of being removed, from a trauma scene by a trauma scene
waste management practitioner.
  SEC. 11.  Section 117695 of the Health and Safety Code is amended
to read:
   117695.  Medical waste that has been treated in accordance with
the provisions of the Medical Waste Management Act, Chapter 8
(commencing with Section 118215), and that is not otherwise
hazardous, shall thereafter be considered solid waste as defined in
Section 40191 of the Public Resources Code and not medical waste.
  SEC. 12.  Section 117700 of the Health and Safety Code is amended
to read:
   117700.  Medical waste does not include any of the following:
   (a) Waste generated in food processing or biotechnology that does
not contain an infectious agent, as defined in Section 117675, or an
agent capable of causing an infection that is highly communicable, as
defined in Section 117665.
   (b) Waste generated in biotechnology that does not contain human
blood or blood products or animal blood or blood products suspected
of being contaminated with infectious agents known to be communicable
to humans or a highly communicable disease.
   (c) Urine, feces, saliva, sputum, nasal secretions, sweat, tears,
or vomitus, unless it contains visible or recognizable fluid blood,
as provided in subparagraph (C) of paragraph (1) of subdivision (b)
of Section 117690.
   (d) Waste which is not biohazardous, such as paper towels, paper
products, articles containing nonfluid blood, and other medical solid
waste products commonly found in the facilities of medical waste
generators.
   (e) Hazardous waste, radioactive waste, or household waste,
including, but not limited to, home-generated sharps waste, as
defined in Section 117671.
   (f) Waste generated from normal and legal veterinarian,
agricultural, and animal livestock management practices on a farm or
ranch unless otherwise specified in law.
  SEC. 13.  Section 117710 of the Health and Safety Code is amended
to read:
   117710.  "Medical waste management plan" means a document that is
completed by generators of medical waste that describes how the
medical waste generated at their facility shall be segregated,
handled, stored, packaged, treated, or shipped for treatment, as
applicable, pursuant to Section 117935 for small quantity generators
and Section 117960 for large quantity generators, on forms prepared
by the enforcement agency, if those forms are provided by the
enforcement agency.
  SEC. 14.  Section 117725 of the Health and Safety Code is amended
to read:
   117725.  (a) "Medical waste treatment facility" means all land and
structures, and other appurtenances or improvements on the land
under the control of the treatment facility, used for treating
medical waste offsite from a medical waste generator, including all
associated handling and storage of medical waste as permitted by the
department.
   (b) For purposes of this section, land is under the control of the
treatment facility if it is owned, rented, or controlled by
contractual agreement.
  SEC. 15.  Section 117747 of the Health and Safety Code is amended
to read:
   117747.  (a) "Pharmaceutical" means a prescription or
over-the-counter human or veterinary drug, including, but not limited
to, a drug as defined in Section 109925 of the Federal Food, Drug,
and Cosmetic Act, as amended, (21 U.S.C.A. Sec. 321(g)(1)).
   (b) For purposes of this part, "pharmaceutical" does not include
any pharmaceutical that is regulated pursuant to either of the
following:
   (1) The federal Resource Conservation and Recovery Act of 1976, as
amended (42 U.S.C.A. Sec. 6901 et seq.). This waste stream shall be
handled as a hazardous waste under the authority of Chapter 6.5
(commencing with Section 25100) of Division 20.
   (2) The Radiation Control Law (Chapter 8 (commencing with Section
114960) of Part 9).
  SEC. 16.  Section 117748 of the Health and Safety Code is repealed.

  SEC. 17.  Section 117750 of the Health and Safety Code is repealed.

  SEC. 18.  Section 117750 is added to the Health and Safety Code, to
read:
   117750.  (a) "Sharps container" means a rigid puncture-resistant
container used in patient care or research activities meeting the
standards of, and receiving approval from, the United States Food and
Drug Administration as a medical device used for the collection of
discarded medical needles or other sharps.
   (b) Sharps containers, including those used to containerize trace
chemotherapeutic wastes, shall not be lined with a plastic bag or
inner liner.
  SEC. 19.  Section 117755 of the Health and Safety Code is repealed.

  SEC. 20.  Section 117765 of the Health and Safety Code is amended
to read:
   117765.  "Storage" means the holding of medical wastes, in
compliance with the Medical Waste Management Act, including Chapter 9
(commencing with Section 118275), at a designated accumulation area,
offsite point of consolidation, transfer station, other registered
facility, or in a vehicle detached from its means of locomotion.
  SEC. 21.  Section 117771 is added to the Health and Safety Code, to
read:
   117771.  "Shipping document" means the medical waste shipping
document required by the United States Department of Transportation
pursuant to Section 172.200 et seq. of Title 49 of the Code of
Federal Regulations or the document required by the United States
Postal Service pursuant to Domestic Mail Manual 601.10.17.5
(Mailability: Hazardous Materials: Sharps and Other Mailable
Regulated Medical Waste).
  SEC. 22.  Section 117775 of the Health and Safety Code is amended
to read:
   117775.  (a) "Transfer station" means an offsite location
permitted by the department where medical waste is loaded, unloaded,
stored, or consolidated by a registered hazardous waste hauler during
the normal course of transportation of the medical waste.
   (b) "Transfer station" does not include any onsite facility,
including, but not limited to, common storage facilities, facilities
of medical waste generators employed for the purpose of
consolidation, or onsite treatment facilities.
  SEC. 23.  Section 117777 of the Health and Safety Code is repealed.

  SEC. 24.  Section 117780 of the Health and Safety Code is amended
to read:
   117780.  "Treatment" means any method, technique, or process
designed to change or destroy the biological character or composition
of any medical waste so as to eliminate its potential for causing
disease or creating public or environmental harm, as specified in
Chapter 8 (commencing with Section 118215).
  SEC. 25.  Section 117805 of the Health and Safety Code is amended
to read:
   117805.  A local agency that elects to implement a medical waste
management program shall notify the department of its intent to do
so.
  SEC. 26.  Section 117820 of the Health and Safety Code is amended
to read:
   117820.  A medical waste management program shall include, but not
be limited to, all of the following:
   (a) Issuing medical waste registrations and permits pursuant to
the Medical Waste Management Act.
   (b) Processing and reviewing the medical waste management plans
and inspecting onsite treatment facilities in accordance with Chapter
4 (commencing with Section 117925) for all small quantity medical
waste generators required to be registered.
   (c) Conducting an evaluation, inspection, or records review for
all facilities or persons issued a large quantity medical waste
registration pursuant to Chapter 5 (commencing with Section 117950)
or issued a permit for an onsite medical waste treatment facility
pursuant to Chapter 7 (commencing with Section 118130).
   (d) Inspecting medical waste generators in response to complaints
or emergency incidents, or as part of an investigation or evaluation
of the implementation of the medical waste management plan.
   (e) Inspecting medical waste treatment facilities in response to a
complaint or as part of an investigation or emergency incident.
   (f) Taking enforcement action for the suspension or revocation of
medical waste permits issued by the local agency pursuant to this
part.
   (g) Referring or initiating proceedings for civil or criminal
prosecution of violations specified in Chapter 10 (commencing with
Section 118335).
   (h) Reporting in a manner determined by the department so that the
statewide effectiveness of the program can be determined.
  SEC. 27.  Section 117835 of the Health and Safety Code is amended
to read:
   117835.  The department shall establish and maintain a database of
persons registered as small quantity generators and as large
quantity generators for whom the department is the enforcement agency
under Chapter 4 (commencing with Section 117925) and Chapter 5
(commencing with Section 117950).
  SEC. 28.  Section 117885 of the Health and Safety Code is amended
to read:
   117885.  (a) There is in the State Treasury the Medical Waste
Management Fund, that shall be administered by the director. Money
deposited in the fund shall be available to the department, upon
appropriation by the Legislature, for the purposes of this part.
   (b) In addition to any other funds transferred by the Legislature
to the Medical Waste Management Fund, the following shall be
deposited in the fund:
   (1) Fees, penalties, interest earned, and fines collected by, or
on behalf of, the department pursuant to this part.
   (2) Funds granted by the federal government for purposes of
carrying out this part.
  SEC. 29.  Section 117890 of the Health and Safety Code is amended
to read:
   117890.  (a) No large quantity generator shall generate medical
waste unless the large quantity generator is registered with the
enforcement agency pursuant to this part.
   (b) Registration pursuant to this part shall also allow the large
quantity generator to generate medical waste at temporary events,
including, but not limited to, health fairs, vaccination clinics, and
veteran stand downs, without further registration or permitting
required. The large quantity generator shall notify the local
enforcement agency of their intended participation in a temporary
event at least 72 hours before the event, unless the sponsor of the
temporary event previously notified the local enforcement agency of
the event.
  SEC. 30.  Section 117895 of the Health and Safety Code is repealed.

  SEC. 31.  Section 117895 is added to the Health and Safety Code, to
read:
   117895.  Registration pursuant to this part shall allow a small
quantity generator to generate medical waste at temporary events,
including, but not limited to, health fairs, vaccination clinics, and
veteran stand downs, without further registration or permitting
required. The small quantity generator shall notify the local
enforcement agency of their intended participation in a temporary
event at least 72 hours before the event, unless the sponsor of the
temporary event previously notified the local enforcement agency of
the event.
  SEC. 32.  Section 117900 of the Health and Safety Code is amended
to read:
   117900.  No person shall haul medical waste unless the person is
one of the following:
   (a) A registered hazardous waste hauler pursuant to the
requirements of Chapter 6.5 (commencing with Section 25100) of
Division 20.
   (b) A mail-back system approved by the United States Postal
Service.
   (c) A common carrier allowed to haul pharmaceutical waste pursuant
to Section 118029 or 118032.
   (d) A small quantity generator or a large quantity generator
transporting limited quantities of medical waste with an exemption
granted pursuant to either Section 117946 or Section 117976,
respectively.
   (e) A registered trauma scene waste practitioner hauling trauma
scene waste pursuant to Section 118321.5.
  SEC. 33.  Section 117903 of the Health and Safety Code is amended
to read:
   117903.  No person shall treat medical waste unless the person is
permitted by the enforcement agency as required by this part or
unless the treatment is performed by a medical waste generator and is
a treatment method approved pursuant to Chapter 8 (commencing with
Section 118215).
  SEC. 34.  Section 117904 of the Health and Safety Code is amended
to read:
   117904.  (a) In addition to the consolidation points authorized
pursuant to Section 118147, the enforcement agency may approve a
location as a point of consolidation for the collection of
home-generated sharps waste, which, after collection, shall be
transported and treated as medical waste.
   (b) A consolidation location approved pursuant to this section
shall be known as a "home-generated sharps consolidation point."
   (c) A home-generated sharps consolidation point is not subject to
the requirements of Chapter 9 (commencing with Section 118275), to
the permit or registration requirements of this part, or to any
permit or registration fees, with regard to the activity of
consolidating home-generated sharps waste pursuant to this section.
   (d) A home-generated sharps consolidation point shall comply with
all of the following requirements:
   (1) All sharps waste shall be placed in sharps containers.
   (2) Sharps containers ready for disposal shall not be held for
more than seven days without the written approval of the enforcement
agency.
   (e) An operator of a home-generated sharps consolidation point
approved pursuant to this section shall not be considered the
generator of that waste, but shall be listed on the shipping document
in compliance with United States Department of Transportation and
United States Postal Service requirements.
   (f) The medical waste treatment facility which treats the sharps
waste subject to this section shall maintain the shipping and
tracking documents required by Sections 118040 and 118165 with regard
to that sharps waste.
  SEC. 35.  Section 117918 of the Health and Safety Code is amended
to read:
   117918.  Medical waste shall be treated using treatment
technologies in accordance with Chapter 8 (commencing with Section
118215).
  SEC. 36.  Section 117920 of the Health and Safety Code is amended
to read:
   117920.  The fee schedule specified in Section 117923 shall be for
the issuance of medical waste registrations and for conducting
inspections pursuant to this chapter when the department serves as
the enforcement agency for small quantity generators. This fee
schedule shall be adjusted annually in accordance with Section
100425, or as provided in the regulations adopted by the department,
not to exceed the reasonable regulatory costs of the department.
Local enforcement agencies shall set fees that
                      shall be sufficient to cover their costs in
implementing this part with regard to small quantity generators
required to be registered pursuant to Section 117925.
  SEC. 37.  Section 117924 of the Health and Safety Code is amended
to read:
   117924.  (a) When the department is the enforcement agency, the
department shall impose and cause the collection of an annual medical
waste generator fee in an amount not to exceed twenty-five dollars
($25) on small quantity generators of medical waste, except for those
small quantity generators that are required to register pursuant to
Section 117925 and those generators generating only pharmaceutical
waste as defined in paragraph (3) of subdivision (b) of Section
117690. Nothing in this part shall prevent the department from
contracting with entities other than the department for these fee
collection activities or from entering into agreements with medical
waste transporters for the collection of these fees, if the
department determines that such a fee collection arrangement would be
cost effective.
   (b) If the department determines to enter into a contract with a
medical waste transporter for the collection of the fees, the
department shall do all of the following:
   (1) Establish that not more than 7.5 percent of the fees collected
may be recovered by the medical waste transporter as administrative
costs for the collection of those fees.
   (2) Establish that the administrative costs for the collection of
the fees shall be the same for all medical waste transporters.
   (3) Prohibit any medical waste transporter from waiving the
generator fee without the written approval of the department and only
if the medical waste generator has made a written request for the
waiver.
   (4) Require the medical waste transporter to report the fees
collected pursuant to subdivision (a) to the department.
   (5) Prohibit the medical waste transporter from assuming the role
of the department as an enforcement agent for purposes of collecting
the medical waste generator fees.
   (6) Require medical waste transporters to include the following
language in at least 12-point type on their invoices to medical waste
generators:
   "Pursuant to Section 117924 of the California Health and Safety
Code, the State Department of Public Health has contracted with us to
collect your annual medical waste generator fee. The department may
offset our costs of collection and administration in an amount that
may not exceed 7.5 percent of the fee collected. We may not waive the
fee without written approval of the department, and only if you have
made a written request for the waiver."
   (7) Ensure that generators subject to this section are required to
pay the fee only once per year.
  SEC. 38.  Section 117928 of the Health and Safety Code is amended
to read:
   117928.  (a)  Any common storage facility for the collection of
medical waste produced by small quantity generators operating
independently, but sharing common storage facilities, shall have a
permit issued by the enforcement agency prior to the commencement of
storage of medical waste in the common storage facility.
   (b)  A permit for any common storage facility specified in
subdivision (a) may be obtained by any one of the following:
   (1)  A provider of health care as defined in Section 56.05 of the
Civil Code.
   (2)  The registered hazardous waste transporter.
   (3)  The property owner.
   (4)  The property management firm responsible for providing tenant
services to the medical waste generators.
  SEC. 39.  Section 117933 of the Health and Safety Code is repealed.

  SEC. 40.  Section 117935 of the Health and Safety Code is amended
to read:
   117935.  A small quantity generator required to register with the
enforcement agency pursuant to Section 117930 shall file with the
enforcement agency a medical waste management plan on forms
prescribed by the enforcement agency, if provided. The plans shall
contain, but are not limited to, all of the following:
   (a) The name of the person.
   (b) The business address of the person.
   (c) The type of business.
   (d) The types, and the estimated average monthly quantity, of
medical waste generated.
   (e) The type of treatment used onsite.
   (f) The name and business address of the registered hazardous
waste hauler used by the generator for backup treatment and disposal,
for waste when the onsite treatment method is not appropriate due to
the hazardous or radioactive characteristics of the waste.
   (g) The name of the registered hazardous waste hauler used by the
generator to have untreated medical waste removed for treatment and
disposal, if applicable.
   (h) The name of the common carrier used by the generator to
transport pharmaceutical waste offsite for treatment and disposal
pursuant to Section 118032, if applicable.
   (i) If applicable, the steps taken to categorize the
pharmaceutical wastes generated at the facility to ensure that the
wastes are properly disposed of as follows:
   (1) Pharmaceutical wastes classified by the federal Drug
Enforcement Agency (DEA) as "controlled substances" are disposed of
in compliance with DEA requirements.
   (2) The name and business address of the registered hazardous
waste hauler used by the generator to have wastes that are not
regulated pursuant to the federal Resource Conservation and Recovery
Act of 1976 and nonradioactive pharmaceutical wastes regulated as
medical waste safely removed for treatment in compliance with
subdivision (b) of Section 118222 as waste requiring specific
methods.
   (j) A closure plan for the termination of treatment at the
facility using, at a minimum, one of the methods of decontamination
specified in subdivision (a) or (b) of Section 118295, thereby
rendering the property to an acceptable sanitary condition following
the completion of treatment services at the site.
   (k) A statement certifying that the information provided is
complete and accurate.
  SEC. 41.  Section 117938 of the Health and Safety Code is amended
to read:
   117938.  (a) Small quantity generators using onsite steam
sterilization, incineration, or microwave technology to treat medical
waste are subject to biennial inspection of that onsite treatment
facility by the enforcement agency and may be subject to the
permitting requirements for onsite medical waste treatment facilities
as determined by the enforcement agency.
   (b) (1) The operators of the treatment equipment specified in
subdivision (a) shall be required to receive training in the
operation of the treatment equipment, proper protective equipment to
wear, if any, how to clean up spills, and other information required
to operate the treatment equipment in a safe and effective manner.
   (2) Annual training for the operators shall be provided after the
initial training has been completed.
   (3) The training shall be documented for each treatment operator
and retained on file at the generator facility for a minimum of two
years. Training shall comply with applicable federal Occupational
Safety and Health Administration regulations, including those found
in Section 1910 of Title 29 of the Code of Federal Regulations.
  SEC. 42.  Section 117940 of the Health and Safety Code is amended
to read:
   117940.  (a) Each enforcement agency shall follow procedures
consistent with this chapter in registering medical waste generators.

   (b) Each medical waste generator registration for small quantity
generators issued by the enforcement agency shall be valid for two
years.
   (c) An application for renewal of the registration for small
quantity generators shall be filed with the enforcement agency on or
before the expiration date.
   (d) Generators shall submit an updated application form when any
of the information specified in their medical waste management plan,
created pursuant to Section 117935, changes. The updated application
form shall be submitted within 30 days of the change.
  SEC. 43.  Section 117943 of the Health and Safety Code is amended
to read:
   117943.  (a) A medical waste generator required to register
pursuant to this chapter shall maintain for a minimum of three years
individual treatment operating records, and if applicable, shipping
and tracking documents for all untreated medical waste shipped
offsite for treatment, and shall report or submit to the enforcement
agency, upon request, all of the following:
   (1) Treatment operating records. Operating records shall be
maintained in written or electronic form.
   (2) An emergency action plan complying with regulations adopted by
the department.
   (3) Shipping and tracking documents or electronically archived
shipping and tracking documents maintained by the facility and
medical waste hauler of all untreated medical waste shipped offsite
for treatment.
   (b) Documentation shall be made available to the enforcement
agency onsite.
  SEC. 44.  Section 117945 of the Health and Safety Code is amended
to read:
   117945.  (a) Small quantity generators who are not required to
register pursuant to this chapter shall maintain on file in their
office all of following:
   (1) An information document stating how the generator contains,
stores, treats, and disposes of any medical waste generated through
any act or process of the generator.
   (2) Records required by the United States Department of
Transportation or the United States Postal Service of any medical
waste shipped offsite for treatment and disposal. The small quantity
generator shall maintain, or have available electronically at the
facility or from the medical waste hauler or common carrier, these
records, for not less than three years.
   (b) Documentation shall be made available to the enforcement
agency onsite.
  SEC. 45.  Section 117946 is added to the Health and Safety Code, to
read:
   117946.  (a) A small quantity medical waste generator or parent
organization that employs health care professionals who generate
medical waste may transport medical waste generated in limited
quantities up to 35.2 pounds to the central location of accumulation,
provided that all of the following are met:
   (1) The principal business of the generator is not to transport or
treat regulated medical waste.
   (2) The generator shall adhere to the conditions and requirements
set forth in the materials of trade exception, as specified in
Section 173.6 of Title 49 of the Code of Federal Regulations.
   (3) A person transporting medical waste pursuant to this section
shall provide a form or log to the receiving facility, and the
receiving facility shall maintain the form or log for a period of two
years, containing all of the following information:
   (A) The name of the person transporting the medical waste.
   (B) The number of containers of medical waste transported.
   (C) The date the medical waste was transported.
   (b) A generator transporting medical waste pursuant to this
section shall not be regulated as a hazardous waste hauler pursuant
to Section 117660.
  SEC. 46.  Section 117950 of the Health and Safety Code is amended
to read:
   117950.  (a) Each large quantity generator, except as specified in
subdivisions (b) and (c), shall register with the enforcement agency
prior to commencement of the generation of medical waste.
   (b) Large quantity generators operating as a business in the same
building, or that are associated with a group practice in the same
building, may register as one generator.
   (c) Large quantity generators as specified in subdivision (a),
operating in different buildings on the same or adjacent property, or
as approved by the enforcement agency, may register as one
generator.
   (d) "Adjacent," for purposes of subdivision (c), means real
property within 400 yards from the property boundary of the primary
registration site. All federal transportation requirements specified
in Section 173.6 of Part 49 of the Code of Federal Regulations shall
apply for purposes of transporting medical waste from adjacent
properties.
  SEC. 47.  Section 117955 of the Health and Safety Code is repealed.

  SEC. 48.  Section 117960 of the Health and Safety Code is amended
to read:
   117960.  A large quantity generator required to register with the
enforcement agency shall file with the enforcement agency a medical
waste management plan, on forms prescribed by the enforcement agency,
if provided. The plans shall contain, but are not limited to, all of
the following:
   (a) The name of the person.
   (b) The business address of the person.
   (c) The type of business.
   (d) The types, and the estimated average monthly quantity, of
medical waste generated.
   (e) The type of treatment used onsite, if applicable. For
generators with onsite medical waste treatment facilities, the
treatment capacity of the onsite treatment facility.
   (f) The name and business address of the registered hazardous
waste hauler used by the generator to have untreated medical waste
removed for treatment, if applicable, and, if applicable, the name
and business address of the common carrier transporting
pharmaceutical waste pursuant to Section 118032.
   (g) The name and business address of the offsite medical waste
treatment facility to which the medical waste is being hauled, if
applicable.
   (h) An emergency action plan complying with regulations adopted by
the department.
   (i) If applicable, the steps taken to categorize the
pharmaceutical wastes generated at the facility to ensure that the
wastes are properly disposed of as follows:
   (1) Pharmaceutical wastes classified by the federal Drug
Enforcement Agency (DEA) as "controlled substances" are disposed of
in compliance with DEA requirements.
   (2) The name and business address of the hazardous waste hauler
used by the generator to have wastes that are not regulated pursuant
to the federal Resource Conservation and Recovery Act of 1976 and
nonradioactive pharmaceutical wastes regulated as medical wastes
safely removed for treatment in compliance with subdivision (b) of
Section 118222, as waste requiring specific methods.
   (j) A closure plan for the termination of treatment at the
facility using, at a minimum, one of the methods of decontamination
specified in subdivision (a) or (b) of Section 118295, thereby
rendering the property to an acceptable sanitary condition following
the completion of treatment services at the site.
   (k) A statement certifying that the information provided is
complete and accurate.
  SEC. 49.  Section 117967 is added to the Health and Safety Code, to
read:
   117967.  (a) Large quantity generators that treat medical waste
onsite using steam sterilization, incineration, microwave technology,
or other department approved treatment technology to treat medical
waste shall train the operators of the equipment in its use, proper
protective equipment to wear, if necessary, and how to clean up
spills to ensure that the equipment is being operated in a safe and
effective manner.
   (b) Annual training for the operators shall be provided after the
initial training has been completed.
   (c) The training shall be documented and the documentation shall
be retained at the facility for a minimum of two years. Training
shall comply with applicable federal Occupational Safety and Health
Administration regulations, including those found in Section 1910 of
Title 29 of the Code of Federal Regulations.
  SEC. 50.  Section 117970 of the Health and Safety Code is amended
to read:
   117970.  (a) Each enforcement agency shall follow procedures
consistent with this chapter in registering medical waste generators.

   (b) Each medical waste registration issued by the enforcement
agency for large quantity generators shall be valid for one year.
   (c) An application for renewal of the registration shall be filed
with the enforcement agency not less than 90 days prior to the
expiration date. Failure to meet this requirement shall result in an
assessment of a late fee.
   (d) Generators shall update their medical waste management plan,
established pursuant to Section 117960, when any of the information
in the plan changes and shall have the plan on file for review during
an inspection or upon request. The updated plan shall be submitted
within 30 days of the change.
  SEC. 51.  Section 117975 of the Health and Safety Code is repealed.

  SEC. 52.  Section 117975 is added to the Health and Safety Code, to
read:
   117975.  (a) A large quantity medical waste generator required to
register pursuant to this chapter shall maintain for a minimum of two
years individual treatment records and shipping and tracking
documents for all untreated medical waste shipped offsite for
treatment. The generator shall report or submit to the enforcement
agency, upon request, all of the following:
   (1) Treatment operating records. Operating records shall be
maintained in written or electronic form.
   (2) An emergency action plan in accordance with regulations
adopted by the department.
   (3) Shipping and tracking documents or electronically archived
shipping and tracking documents maintained by the facility or medical
waste hauler of all untreated medical wastes shipped offsite for
treatment.
   (b) Documentation shall be made available to the enforcement
agency onsite as soon as feasible, but no more than two business days
following the request.
  SEC. 53.  Section 117976 is added to the Health and Safety Code, to
read:
   117976.  (a) A large quantity medical waste generator or parent
organization that employs health care professionals who generate
medical waste may transport medical waste generated in limited
quantities up to 35.2 pounds to the central location of accumulation,
provided that all of the following are met:
   (1) The principal business of the generator is not to transport or
treat regulated medical waste.
   (2) The generator shall adhere to the conditions and requirements
set forth in the materials of trade exception, as specified in
Section 173.6 of Title 49 of the Code of Federal Regulations.
   (3) A person transporting medical waste pursuant to this section
shall provide a form or log to the receiving facility, and the
receiving facility shall maintain the form or log for a period of two
years, containing all of the following information:
   (A) The name of the person transporting the medical waste.
   (B) The number of containers of medical waste transported.
   (C) The date the medical waste was transported.
   (b) A generator transporting medical waste pursuant to this
section shall not be regulated as a hazardous waste hauler pursuant
to Section 117660.
  SEC. 54.  Section 117985 of the Health and Safety Code is amended
to read:
   117985.  Medical waste shall be treated using treatment
technologies approved in accordance with Chapter 8 (commencing with
Section 118215).
  SEC. 55.  Section 117990 of the Health and Safety Code is amended
to read:
   117990.  The fee schedule specified in Section 117995 shall be for
the issuance of medical waste registrations and onsite medical waste
treatment facility permits when the department serves as the
enforcement agency for large quantity generators. This fee schedule
shall be adjusted annually in accordance with Section 100425, or as
provided in the regulations adopted by the department, not to exceed
the reasonable regulatory costs of the department. Local enforcement
agencies shall set fees that shall be sufficient to cover their costs
in implementing this part with regard to large quantity generators.
  SEC. 56.  Section 118000 of the Health and Safety Code is amended
to read:
   118000.  (a) Medical waste shall only be transported to a
permitted medical waste treatment facility, or to a transfer station
or another registered generator for the purpose of consolidation
before treatment and disposal.
   (b) Facilities for the transfer of medical waste shall be annually
inspected and issued permits in accordance with the regulations
adopted pursuant to this part.
   (c) Medical waste transported out of state shall be consigned to a
permitted medical waste treatment facility in the receiving state.
If there is no permitted medical waste treatment facility in the
receiving state or if the medical waste is crossing an international
border, the medical waste shall be treated in accordance with Chapter
8 (commencing with Section 118215) prior to being transported out of
the state.
  SEC. 57.  Section 118005 of the Health and Safety Code is repealed.

  SEC. 58.  Section 118025 of the Health and Safety Code is amended
to read:
   118025.  All medical waste shall be hauled by a registered
hazardous waste hauler, the United States Postal Service, or by a
person with an exception granted pursuant to Section 117946 for small
quantity generators or pursuant to Section 117976 for large quantity
generators.
  SEC. 59.  Section 118027 of the Health and Safety Code is amended
to read:
   118027.  A person who is authorized to collect solid waste, as
defined in Section 40191 of the Public Resources Code, who
unknowingly transports medical waste to a solid waste facility, as
defined in Section 40194 of the Public Resources Code, incidental to
the collection of solid waste, is exempt from the provisions of the
Medical Waste Management Act with regard to that waste. If a solid
waste transporter discovers that he or she has hauled untreated
medical waste to a landfill or materials recovery facility, he or she
shall contact the originating generator of the medical waste to
respond to the landfill or recovery facility to provide ultimate
proper disposal of the medical waste. The solid waste facility
operator may, at its discretion and after contacting the generator,
make arrangements for the proper treatment and disposal of the
medical waste at a facility approved by the department. Title to the
waste remains with the generator. Reimbursement costs for the proper
management of discovered waste shall be the originating generator's
responsibility.
  SEC. 60.  Section 118029 of the Health and Safety Code is amended
to read:
   118029.  (a) Haulers of medical waste in California, with the
exception of those using a materials of trade exception as specified
in Sections 117946 and 117976, and United States Department of
Transportation licensed common carriers hauling pharmaceutical waste,
shall meet all United States Department of Transportation
requirements for transporting medical waste and shall be hazardous
waste haulers in California. On or before July 1 of each year, a
registered hazardous waste hauler that transports medical waste shall
so notify the department, and provide, in a format that conforms to
the protocol requirements for submission of data to the department,
the following information:
   (1) Business name, address, and telephone number.
   (2) Name of owner, operator, and contact person.
   (3) Hazardous waste transporter registration number.
   (4) The number of vehicles and trailers transporting medical waste
within the state as of that date.
   (5) Types and quantities of medical waste collected, in pounds.
   (6) The names of the generators whose waste has been transported
by the hauler and the amounts of medical waste transported, by waste
type category.
   (b)  Each registered hazardous waste hauler shall provide to the
department a list of all medical waste generators serviced by that
person during the previous 12 months. That list shall include the
business name, business address, mailing address, telephone number,
and other information as required by the department to collect annual
fees pursuant to Section 117924. The list shall be provided to the
department within 10 days of the close of the earliest calendar
quarter ending September 30, December 31, March 31, or June 30, or as
otherwise required by the department.
  SEC. 61.  Section 118030 of the Health and Safety Code is repealed.

  SEC. 62.  Section 118032 of the Health and Safety Code is amended
to read:
   118032.  A pharmaceutical waste generator or parent organization
that employs health care professionals who generate pharmaceutical
waste is exempt from the requirements of subdivision (a) of Section
118000 if all of the following requirements are met:
   (a) The generator or parent organization has on file one of the
following:
   (1) If the generator or parent organization is a small quantity
generator required to register pursuant to Chapter 4 (commencing with
Section 117925), a medical waste management plan prepared pursuant
to Section 117935.
   (2) If the generator or parent organization is a small quantity
generator not required to register pursuant to Chapter 4 (commencing
with Section 117925), the information document maintained pursuant to
subdivision (a) of Section 117945.
   (3) If the generator or parent organization is a large quantity
generator, a medical waste management plan prepared pursuant to
Section 117960.
   (b) The generator or health care professional who generated the
pharmaceutical waste transports the pharmaceutical waste himself or
herself, or directs a member of his or her staff to transport the
pharmaceutical waste to a parent organization or another health care
facility for the purpose of consolidation before treatment and
disposal, or contracts with a common carrier to transport the
pharmaceutical waste to a permitted medical waste treatment facility
or transfer station.
   (c) Except as provided in subdivision (d), all of the following
requirements are met:
   (1) Prior to shipment of the pharmaceutical waste, the generator
notifies the intended destination facility that it is shipping
pharmaceutical waste to it and provides a copy of the shipping and
tracking documents, as specified in Section 118040.
   (2) The generator and the facility receiving the pharmaceutical
waste maintain the shipping and tracking documents, as specified in
Section 118040.
   (3) The facility receiving the pharmaceutical waste notifies the
generator of the receipt of the pharmaceutical waste shipment and any
discrepancies between the items received and the shipping and
tracking documents, as specified in Section 118040, evidencing
diversion of the pharmaceutical waste.
   (4) The generator notifies the enforcement agency of any
discrepancies between the items received and the shipping and
tracking documents, as specified in Section 118040, evidencing
diversion of the pharmaceutical waste.
   (d) (1) Notwithstanding subdivision (c), if a health care
professional who generates pharmaceutical waste returns the
pharmaceutical waste to the parent organization for the purpose of
consolidation before treatment and disposal over a period of time, a
single-page form or multiple entry log may be substituted for the
tracking document, if the form or log contains all of the following
information:
                           (A) The name of the person transporting
the pharmaceutical waste.
   (B) The number of containers of pharmaceutical waste. This clause
does not require any generator to maintain a separate pharmaceutical
waste container for every patient or to maintain records as to the
specified source of the pharmaceutical waste in any container.
   (C) The date that the pharmaceutical waste was returned.
   (2) The form or log described in paragraph (1) shall be maintained
in the files of the health care professional who generates the
pharmaceutical waste and the parent organization or another health
care facility that receives the pharmaceutical waste.
   (3) This subdivision does not prohibit the use of a single
document to verify the return of more than one container to a parent
organization or another health care facility, provided the form or
log meets the requirements specified in paragraphs (1) and (2).
  SEC. 63.  Section 118040 of the Health and Safety Code is amended
to read:
   118040.  (a)  Except with regard to sharps waste consolidated by a
home-generated sharps consolidation point approved pursuant to
Section 117904, a hazardous waste transporter or generator
transporting medical waste shall maintain a completed shipping
document in compliance with United States Department of
Transportation (USDOT) requirements when medical waste is
transported. In addition to the shipping document required by USDOT,
a hazardous waste transporter or generator who transports medical
waste to a facility, other than the final medical waste treatment
facility, shall also maintain tracking documents which show the name,
address, and telephone number of the medical waste generator, for
purposes of tracking the generator of medical waste when the waste is
transported to the final medical waste treatment facility. At the
time that the medical waste is received by a hazardous waste
transporter, the transporter shall provide the medical waste
generator with a copy of the shipping and tracking documents for the
generator's medical waste records. The transporter or generator
transporting medical waste shall maintain its copy of the shipping
and tracking documents for three years.
   (b)  The tracking document shall include, but not be limited to,
all of the following information:
   (1)  The name, address, telephone number, and registration number
of the transporter, unless transported pursuant to Section 118030.
   (2)  The type of medical waste transported and the quantity or
aggregate weight of medical waste transported.
   (3)  The name, address, and telephone number of the generator.
   (4)  The name, address, telephone number, permit number, and the
signature of an authorized representative of the permitted facility
receiving the medical waste.
   (5)  The date that the medical waste is collected or removed from
the generator's facility, the date that the medical waste is received
by the transfer station, the registered large quantity generator, or
point of consolidation, if applicable, and the date that the medical
waste is received by the treatment facility.
   (c)  Any hazardous waste transporter or generator transporting
medical waste in a vehicle shall have the shipping and tracking
documents in his or her possession while transporting the medical
waste. The tracking document shall be shown upon demand to any
enforcement agency personnel or officer of the Department of the
California Highway Patrol. If the medical waste is transported by
rail, vessel, or air, the railroad corporation, vessel operator, or
airline shall enter on the shipping papers any information concerning
the medical waste that the enforcement agency may require.
   (d)  A hazardous waste transporter or a generator transporting
medical waste shall provide the facility receiving the medical waste
with the original shipping and tracking documents.
   (e)  Each hazardous waste transporter and each medical waste
treatment facility shall provide tracking data periodically and in a
format as determined by the department.
  SEC. 64.  Section 118045 of the Health and Safety Code is amended
to read:
   118045.  (a) The department shall charge an application fee for a
permit for a transfer station equal to one hundred dollars ($100) for
each hour which the department spends on processing the application,
but not more than ten thousand dollars ($10,000), or as provided in
the regulations adopted by the department, not to exceed the
reasonable regulatory costs of the department.
   (b) In addition to the fee specified in subdivision (a), the
annual permit fee for a transfer station is two thousand dollars
($2,000), or as provided in the regulations adopted by the
department, not to exceed the reasonable regulatory costs of the
department.
  SEC. 65.  Section 118135 of the Health and Safety Code is amended
to read:
   118135.  Each person operating an offsite medical waste treatment
facility shall obtain a permit pursuant to this chapter from the
department prior to commencement of the treatment facility's
operation.
  SEC. 66.  Section 118150 of the Health and Safety Code is amended
to read:
   118150.  Each enforcement agency shall follow procedures that are
consistent with the Medical Waste Management Act and the regulations
adopted pursuant to this chapter, when issuing medical waste permits.

  SEC. 67.  Section 118155 of the Health and Safety Code is amended
to read:
   118155.  A person required to obtain an offsite medical waste
treatment facility permit pursuant to this part shall file with the
enforcement agency an application containing, but not limited to, all
of the following:
   (a) The name of the applicant.
   (b) The business address of the applicant.
   (c) The type of treatment provided, the treatment capacity of the
facility, a characterization of the waste treated at this facility
and the estimated average monthly quantity of waste treated at the
facility.
   (d) A disclosure statement, as provided in Section 25112.5, except
for onsite medical waste treatment facilities.
   (e) A plan for closure of the facility using, at minimum, one of
the methods of decontamination specified in subdivision (a) or (b) of
Section 118295, thereby rendering the property to an acceptable
sanitary condition following the ending of treatment services at the
site.
   (f) Any other information required by the enforcement agency for
the administration or enforcement of this part or the regulations
adopted pursuant to this part.
  SEC. 68.  Section 118160 of the Health and Safety Code is amended
to read:
   118160.  (a) Prior to issuing or renewing a permit for an offsite
medical waste treatment facility, the department shall review the
compliance history of the applicant, under any local, state, or
federal law or regulation governing the control of medical waste or
pollution.
   (b) The department shall, pursuant to this section, deny a permit,
or specify additional permit conditions, to ensure compliance with
applicable regulations, if the department determines that in the
three-year period preceding the date of application the applicant has
violated laws or regulations identified in subdivision (a) at a
facility owned or operated by the applicant, and the violations
demonstrate a recurring pattern of noncompliance or pose, or have
posed, a significant risk to public health and safety or to the
environment.
   (c) In making the determination of whether to deny a permit or to
specify additional permit conditions, the department shall take both
of the following into consideration:
   (1) Whether a permit denial or permit condition is appropriate or
necessary given the severity of the violation.
   (2) Whether the violation has been corrected in a timely fashion.
  SEC. 69.  Section 118205 of the Health and Safety Code is amended
to read:
   118205.  The fee schedule specified in Section 118210 shall cover
the issuance of medical waste treatment facility permits and an
inspection program, when the department serves as the enforcement
agency. This fee schedule shall be adjusted annually in accordance
with Section 100425. The department may adjust by regulation the fees
specified in Section 118210 to reflect the actual costs of
implementing this chapter. Local enforcement agencies shall set fees
that shall be sufficient to cover their costs in implementing this
part with regard to large quantity generators.
  SEC. 70.  Section 118215 of the Health and Safety Code is amended
to read:
   118215.  (a) Except as provided in subdivisions (b) and (c), a
person generating or treating medical waste shall ensure that the
medical waste is treated by one of the following methods, thereby
rendering it solid waste, as defined in Section 40191 of the Public
Resources Code, prior to disposal:
   (1) (A) Incineration at a permitted medical waste treatment
facility in a controlled-air, multichamber incinerator, or other
method of incineration approved by the department which provides
complete combustion of the waste into carbonized or mineralized ash.
   (B) Treatment with an alternative technology approved pursuant to
paragraph (3), which, due to the extremely high temperatures of
treatment in excess of 1300 degrees Fahrenheit, has received express
approval from the department.
   (2) Steam sterilization at a permitted medical waste treatment
facility or by other sterilization, in accordance with all of the
following operating procedures for steam sterilizers or other
sterilization:
   (A) Standard written operating procedures shall be established for
biological indicators, or for other indicators of adequate
sterilization approved by the department, for each steam sterilizer,
including time, temperature, pressure, type of waste, type of
container, closure on container, pattern of loading, water content,
and maximum load quantity.
   (B) Recording or indicating thermometers shall be checked during
each complete cycle to ensure the attainment of 121  Centigrade (250
Fahrenheit) for at least one-half hour, depending on the quantity
and density of the load, to achieve sterilization of the entire load.
Thermometers, thermocouples, or other monitoring devices identified
in the facility operating plan shall be checked for calibration
annually. Records of the calibration checks shall be maintained as
part of the facility's files and records for a period of two years or
for the period specified in the regulations.
   (C) Heat-sensitive tape, or another method acceptable to the
enforcement agency, shall be used on each biohazard bag or sharps
container that is processed onsite to indicate that the waste went
through heat treatment. If the biohazard bags or sharps containers
are placed in a large liner bag within the autoclave for treatment,
heat-sensitive tape or another method acceptable to the enforcement
agency only needs to be placed on the liner bag and not on every
hazardous waste bag or sharps container being treated.
   (D) The biological indicator Geobacillus stearothermophilus, or
other indicator of adequate sterilization as approved by the
department, shall be placed at the center of a load processed under
standard operating conditions at least monthly to confirm the
attainment of adequate sterilization conditions.
   (E) Records of the procedures specified in subparagraphs (A), (B),
and (D) shall be maintained for a period of not less than two years.

   (3) (A) Other alternative medical waste treatment methods which
are both of the following:
   (i) Approved by the department.
   (ii) Result in the destruction of pathogenic micro-organisms.
   (B) Any alternative medical waste treatment method proposed to the
department shall be evaluated by the department and either approved
or rejected pursuant to the criteria specified in this subdivision.
   (b) Fluid blood or fluid blood products may be discharged to a
public sewage system without treatment if its discharge is consistent
with waste discharge requirements placed on the public sewage system
by the California regional water quality control board with
jurisdiction.
   (c) (1) A medical waste that is a biohazardous laboratory waste,
as defined in subparagraph (B) of paragraph (1) of subdivision (b) of
Section 117690, may be treated by a chemical disinfection if the
waste is liquid or semiliquid and the chemical disinfection method is
recognized by the National Institutes of Health, the Centers for
Disease Control and Prevention, or the American Biological Safety
Association, and if the use of chemical disinfection as a treatment
method is identified in the site's medical waste management plan.
   (2) If the waste is not treated by chemical disinfection, in
accordance with paragraph (1), the waste shall be treated by one of
the methods specified in subdivision (a).
   (3) Following treatment by chemical disinfection, the medical
waste may be discharged to the public sewage system if the discharge
is consistent with waste discharge requirements placed on the public
sewage system by the California regional water control board, and the
discharge is in compliance with the requirements imposed by the
owner or operator of the public sewage system. If the chemical
disinfection of the medical waste causes the waste to become a
hazardous waste, the waste shall be managed in accordance with the
requirements of Chapter 6.5 (commencing with Section 25100) of
Division 20.
  SEC. 71.  Section 118220 of the Health and Safety Code is amended
to read:
   118220.  Pathology waste of a human nature, as defined in
subparagraph (A) of paragraph (2) of subdivision (b) of Section
117690, shall be disposed of by interment, incineration, or
alternative treatment technologies approved to treat this type of
waste, pursuant to paragraph (1) or paragraph (3) of subdivision (a)
of Section 118215.
  SEC. 72.  Section 118222 of the Health and Safety Code is amended
to read:
   118222.  (a) Pathology waste that meets the conditions of
paragraph (2) of subdivision (b) of Section 117690 and trace
chemotherapy waste that meets the conditions of paragraph (5) of
subdivision (b) of Section 117690 shall be treated by incineration or
alternative treatment technologies approved to treat that waste
pursuant to paragraph (1) or paragraph (3) of subdivision (a) of
Section 118215 prior to disposal.
   (b) Pharmaceutical waste from health care settings that meets the
conditions specified in paragraph (3) of subdivision (b) of Section
117690 shall be treated by incineration or alternative treatment
technologies approved to treat that waste pursuant to paragraph (1)
or paragraph (3) of subdivision (a) of Section 118215 prior to
disposal.
  SEC. 73.  Section 118240 of the Health and Safety Code is amended
to read:
   118240.  Notwithstanding Section 9141 of the Food and Agricultural
Code, animals that die from infectious diseases or that are
euthanized because they are suspected of having been exposed to
infectious disease shall be treated with a treatment technology
approved by the department for that use if, in the opinion of the
attending veterinarian or local health officer, the carcass presents
a danger of infection to humans.
  SEC. 74.  Section 118245 of the Health and Safety Code is amended
to read:
   118245.  The department shall charge an application fee for
evaluation of an alternative treatment technology of two thousand
five hundred dollars ($2,500) and shall charge an additional fee
equal to one hundred dollars ($100) per hour for each hour which the
department spends on processing the application, but not more than a
total of five thousand dollars ($5,000), or as provided in the
regulations adopted by the department, not to exceed the reasonable
regulatory costs of the department.
  SEC. 75.  Section 118275 of the Health and Safety Code is amended
to read:
   118275.  (a) To containerize or store medical waste, at the point
of generation and while collected in that room, a person shall do all
of the following:
   (1) Medical waste, as defined in Section 117690, shall be
contained separately from other waste at the point of origin in the
producing facility. Sharps containers may be placed in biohazard bags
or in containers with biohazard bags.
   (2) Biohazardous waste, as defined in paragraph (1) of subdivision
(b) of Section 117690, shall be placed in a biohazard bag
conspicuously labeled with the words "Biohazardous Waste" or with the
international biohazard symbol and the word "BIOHAZARD."
   (3) Sharps waste, as defined in paragraph (4) of subdivision (b)
of Section 117690, including sharps and pharmaceutical waste
containerized pursuant to paragraph (7), shall be contained in a
United States Food and Drug Administration (USFDA) approved sharps
container that meets USFDA labeling requirements and is handled
pursuant to Section 118285.
   (4) Trace chemotherapy waste, as defined in paragraph (5) of
subdivision (b) of Section 117690, shall be segregated for storage,
and, when placed in a secondary container, that container shall be
labeled with the words "Chemotherapy Waste," "CHEMO," or other label
approved by the department on the lid and sides, so as to be visible
from any lateral direction, to ensure treatment of the biohazardous
waste pursuant to Section 118222. Sharps waste that is contaminated
through contact with, or having previously contained,
chemotherapeutic agents, shall be placed in sharps containers labeled
in accordance with the industry standard with the words
"Chemotherapy Waste," "Chemo," or other label approved by the
department, and shall be segregated to ensure treatment of the sharps
waste pursuant to Section 118222.
   (5)  Pathology waste, as defined in paragraph (2) of subdivision
(b) of Section 117690, shall be segregated for storage and, when
placed in a secondary container, that container shall be labeled with
the words "Pathology Waste," "PATH," or other label approved by the
department on the lid and sides, so as to be visible from any lateral
direction, to ensure treatment of the waste pursuant to Section
118222.
   (6) Pharmaceutical waste, as defined in paragraph (3) of
subdivision (b) of Section 117690, shall be segregated for storage in
accordance with the facility's medical waste management plan. When
this waste is prepared for shipment offsite for treatment, it shall
be properly containerized for shipment in compliance with United
States Department of Transportation and United States Drug
Enforcement Agency (DEA) requirements.
   (A) Pharmaceutical wastes classified by the DEA as "controlled
substances" shall be disposed of in compliance with DEA requirements.

   (B) Nonradioactive pharmaceutical wastes that are not subject to
the federal Resource Conservation and Recovery Act of 1976 (Public
Law 94-580), as amended, and that are regulated as medical waste are
placed in a container or secondary container labeled with the words
"HIGH HEAT OR INCINERATION ONLY," or with another label approved by
the department, on the lid and sides, so as to be visible from any
lateral direction, to ensure treatment of the biohazardous waste
pursuant to Section 118222.
   (7) A person may consolidate into a common container, which may be
reusable, sharps waste, as defined in paragraph (4) of subdivision
(b) of Section 117690, and pharmaceutical wastes, as defined in
paragraph (3) of subdivision (b) of Section 117690, provided that
both of the following apply:
   (A) The consolidated waste is treated by incineration or
alternative treatment technologies approved to treat that waste
pursuant to paragraph (1) or (3) of subdivision (a) of Section 118215
prior to disposal. That alternative treatment shall render the waste
unrecoverable and nonhazardous.
   (B) The container meets the requirements of Section 118285. The
container shall be labeled with the biohazardous waste symbol and the
words "HIGH HEAT OR INCINERATION ONLY," or with another label
approved by the department, on the lid and sides, so as to be visible
from any lateral direction, to ensure treatment of the waste
pursuant to this subdivision.
   (b) To containerize medical waste being held for shipment offsite
for treatment, the waste shall be labeled, as outlined in subdivision
(a), on the lid and sides of the container.
   (c) When medical waste is containerized pursuant to subdivisions
(a) and (b) there is no requirement to label the containers with the
date that the waste started to accumulate.
  SEC. 76.  Section 118280 of the Health and Safety Code is amended
to read:
   118280.  To containerize biohazard bags, a person shall do all of
the following:
   (a) The bags shall be tied to prevent leakage or expulsion of
contents during all future storage and handling. When containers are
prepared for transport offsite from the facility, they shall be
prepared in compliance with United States Department of
Transportation requirements.
   (b) (1) Medical waste may be placed into a biohazard bag not to
exceed three pounds or one gallon and tied, as required in
subdivision (a), in a patient room and shall be immediately
transported upon completion of the procedure directly from the point
of generation and placed into a biohazard container stored in a
soiled utility room or other biohazardous waste storage area without
having first been placed into a secondary container in the patient
room.
   (2) Medical waste may be placed into a biohazard bag hung on a
hamper stand in a surgery suite and the bag removed from the hamper
stand after completion of the procedure, taken out of the surgery
suite, and placed into a biohazard container stored in a soiled
utility room or other biohazard waste storage area.
   (c) Biohazardous waste, except as provided in subdivision (b),
shall be bagged in accordance with subdivision (b) of Section 118275
and placed for storage, handling, or transport in a rigid container
that may be disposable, reusable, or recyclable. Containers shall be
leak resistant, have tight-fitting covers, and be kept clean and in
good repair. Containers may be recycled with the approval of the
enforcement agency. Containers may be of any color and shall be
labeled with the words "Biohazardous Waste" or with the international
biohazard symbol and the word "BIOHAZARD" on the lid and sides so as
to be visible from any lateral direction. Containers shall comply
with United States Department of Transportation requirements when
prepared for transport offsite from the facility.
   (d) Biohazardous waste shall not be removed from the biohazard bag
until treatment as prescribed in Chapter 8 (commencing with Section
118215) is completed, except to eliminate a safety hazard, or by the
enforcement officer in performance of an investigation pursuant to
Section 117820. Biohazardous waste shall not be disposed of before
being treated as prescribed in Chapter 8 (commencing with Section
118215).
   (e) (1) Except as provided in paragraph (5), a person generating
biohazardous waste shall comply with the following requirements:
   (A) If the person generates 20 or more pounds of biohazardous
waste per month, the person shall not contain or store that waste
above 0  Centigrade (32  Fahrenheit) at an onsite location for more
than seven days without obtaining prior written approval of the
enforcement agency.
   (B) If a person generates less than 20 pounds of biohazardous
waste per month, the person shall not contain or store that waste
above 0  Centigrade (32  Fahrenheit) at an onsite location for more
than 30 days.
   (2) A person may store biohazardous waste at or below 0
Centigrade (32  Fahrenheit) at an onsite location for not more than
90 days without obtaining prior written approval of the enforcement
agency.
   (3) A person may store biohazardous waste at a permitted transfer
station at or below 0  Centigrade (32  Fahrenheit) for not more than
30 days without obtaining prior written approval of the enforcement
agency.
   (4) A person shall not store biohazardous waste above 0
Centigrade (32  Fahrenheit) at a location or facility that is offsite
from the generator for more than seven days before treatment.
   (5) Notwithstanding paragraphs (1) to (4), inclusive, if the odor
from biohazardous or sharps waste stored at a facility poses a
nuisance, the enforcement agency may require more frequent removal.
   (f) Waste that meets the definition of pharmaceutical waste in
paragraph (3) of subdivision (b) of Section 117690 shall not be
subject to the limitations on storage time prescribed in subdivision
(e). A person may store that pharmaceutical waste at an onsite
location for not longer than 90 days when the container is ready for
disposal, unless prior written approval from the enforcement agency
is obtained. The container shall be emptied at least once per year,
unless prior written approval from the enforcement agency is
obtained. A person may store that pharmaceutical waste at a permitted
transfer station for not longer than 30 days without obtaining prior
written approval from the enforcement agency. A person shall not
store pharmaceutical waste at a location or facility that is offsite
from the generator for more than 30 days before treatment.
   (g) The containment and storage time for wastes consolidated in a
common container pursuant to paragraph (7) of subdivision (a) of
Section 118275 shall not exceed the storage time for any category of
waste set forth in this section.
  SEC. 77.  Section 118286 of the Health and Safety Code is amended
to read:
   118286.  (a) A person shall not knowingly place home-generated
sharps waste in any of the following containers:
   (1) Any container used for the collection of solid waste,
recyclable materials, or greenwaste.
   (2) Any container used for the commercial collection of solid
waste or recyclable materials from business establishments.
   (3) Any roll-off container used for the collection of solid waste,
construction, and demolition debris, greenwaste, or other recyclable
materials.
   (b) Home-generated sharps waste shall be transported only in a
sharps container, or other containers approved by the enforcement
agency, and shall only be managed at any of the following:
   (1) A household hazardous waste facility pursuant to Section
25218.13.
   (2) A "home-generated sharps consolidation point" as defined in
subdivision (b) of Section 117904.
   (3) A medical waste generator's facility pursuant to Section
118147.
   (4) A facility through the use of a medical waste mail-back
container approved by the United States Postal Service.
  SEC. 78.  Section 118307 of the Health and Safety Code is amended
to read:
   118307.  Medical waste that is stored in an area prior to transfer
to the designated accumulation area, as defined in Section 118310,
shall be stored in an area that is either locked or under direct
supervision or surveillance. Intermediate storage areas shall be
marked with the international biohazard symbol or
                       the signage described in Section 118310. These
warning signs shall be readily legible from a distance of five feet.
This section does not apply to the rooms in which medical waste is
generated.
  SEC. 79.  Section 118321.1 of the Health and Safety Code is amended
to read:
   118321.1.  (a) A trauma scene waste management practitioner shall
register with the department on forms provided by the department.
   (b) The department shall register a trauma scene waste management
practitioner and issue a trauma scene waste hauling permit to a
trauma scene waste management practitioner who submits a completed
application form and the registration fee, upon approval of the
application by the department.
   (c) A registered trauma scene waste management practitioner is
exempt from the registration requirements imposed pursuant to Chapter
6 (commencing with Section 118025) or Article 6.5 (commencing with
Section 25167.1) of Chapter 6.5 of Division 20 upon haulers of
medical waste.
   (d) Registered trauma scene waste management practitioners shall
pay an annual fee of two hundred dollars ($200) to the department for
deposit in the fund. The fee revenues deposited in the fund pursuant
to this subdivision may be expended by the department, upon
appropriation by the Legislature, for the implementation of this
chapter.
  SEC. 80.  Section 118321.5 of the Health and Safety Code is amended
to read:
   118321.5.  (a)  Trauma scene waste shall be removed from the
trauma scene immediately upon completion of the removal phase of a
trauma scene waste removal operation.
   (b) Trauma scene waste shall be transported to a permitted medical
waste transfer station or treatment facility pursuant to subdivision
(a) of Section 118000, or may be stored in a dedicated freezer at
the business location of the trauma scene waste management
practitioner for a period of not more than 14 days, or as otherwise
approved by the department.
  SEC. 81.  Section 118335 of the Health and Safety Code is amended
to read:
   118335.  (a) In order to carry out the purpose of this part, any
authorized representative of the enforcement agency may do any of the
following:
   (1) Enter and inspect a facility for which a medical waste permit
or registration has been issued, for which a medical waste permit or
registration application has been filed, or that is subject to
registration or permitting requirements pursuant to this part. Enter
and inspect a vehicle for which a hazardous waste hauler registration
has been issued, for which an application has been filed for a
hazardous waste hauler registration, or that is subject to
registration requirements pursuant to this part.
   (2) Inspect and copy any records, reports, test results, or other
information related to the requirements of this part or the
regulations adopted pursuant to this part.
   (b) The inspection shall be made with the consent of the owner or
possessor of the facilities or, if consent is refused, with a warrant
duly issued pursuant to Title 13 (commencing with Section 1822.50)
of Part 3 of the Code of Civil Procedure. However, in the event of an
emergency affecting the public health or safety, an inspection may
be made without consent or the issuance of a warrant.
   (c) Any traffic officer, as defined in Section 625 of the Vehicle
Code, and any peace officer, as defined in Section 830.1 or 830.2 of
the Penal Code, may enforce Chapter 6 (commencing with Section
118000) and this chapter, and for purposes of enforcing these
chapters, traffic officers and these peace officers are authorized
representatives of the department.
  SEC. 82.  Section 118345 of the Health and Safety Code is amended
to read:
   118345.  (a) Any person who intentionally makes any false
statement or representation in any application, label, shipping
document, tracking document, record, report, permit, registration, or
other document filed, maintained, or used for purposes of compliance
with this part that materially affects the health and safety of the
public is liable for a civil penalty of not more than ten thousand
dollars ($10,000) for each separate violation or, for continuing
violations, for each day that the violation continues.
   (b) Any person who fails to register or fails to obtain a medical
waste permit in violation of this part, or otherwise violates any
provision of this part, any order issued pursuant to Section 118330,
or any regulation adopted pursuant to this part, is liable for a
civil penalty of not more than ten thousand dollars ($10,000) for
each violation of a separate provision of this part or, for
continuing violations, for each day that the violation continues.
  SEC. 83.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.