BILL ANALYSIS Ó
AB 333
Page 1
Date of Hearing: May 15, 2013
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 333 (Wieckowski) - As Amended: May 8, 2013
Policy Committee: Environmental
Safety and Toxic Materials Vote: 7-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill makes technical and conforming changes to the Medical
Waste Management (MWMA) Act.
Specifically, this bill:
1)Deletes the existing definition of biohazard bag, and instead
replaces it with the definition in the Code of Federal
Regulations (CFR) Title 49: Part 173.197. Includes in the
definition the requirement that the color of the bag be red,
except when other colors are used to further segregate the
waste stream. Requires, if additional colors are used other
than the standard red bag, the color assignments be designated
in the facility's medical waste management plan.
2)Amends the definition of medical waste management plan to
require that the document completed by generators of medical
waste describe how the medical waste generated at their
facility shall be segregated, handled, stored, packaged,
treated, or shipped for treatment, as applicable. Specifies
that the medical waste management plan is to be completed on
forms prepared by the enforcement agency, if such forms are
provided by the enforcement agency under current law.
3)Requires a solid waste transporter who discovers that he or
she has unknowingly hauled untreated medical waste to a
landfill or materials recovery facility, to contact the
generator of the medical waste to respond to the landfill or
recovery facility to provide proper disposal of the medical
waste.
AB 333
Page 2
4)Clarifies that statutory requirements for treatment of animals
that die of infectious diseases includes those euthanized
because they are suspected of having been exposed to
infectious disease.
5)Makes other conforming changes.
FISCAL EFFECT
Unknown additionally, likely minor costs to the Department of
Public Health.
COMMENTS
1)Purpose . When the MWMA was enacted 23 years ago, California
became one of the first states in the nation to set statutory
standards governing the waste stream. During these
intervening years, there have been many changes in medical
waste treatment, transportation oversight, as well as new
requirements by landfill and waste water treatment operators
regarding acceptance of portions of this waste stream.
This bill is intended to update the MWMA to ensure consistency
with federal law, and to reflect current medical waste
practices.
Since enactment of the MWMA, the federal Department of
Transportation (DOT) has increased its regulatory oversight of
transportation of medical waste which preempts state law.
Similarly, the United States Postal Service (USPS)
requirements regarding medical waste also preempt state law.
This bill repeals transportation requirements from the MWMA in
favor of the preemptive DOT and USPS standards.
.
Analysis Prepared by : Jennifer Galehouse / APPR. / (916)
319-2081
AB 333
Page 3